Constitutional Law – I
University of Kerala · LL.B. Semester 1 · Paper V
Unit I
Introduction: · Historical Background · The nature of the Constitution · Salient features of the Constitution · Preamble · Significance and importance · Declaration of the objectives of the State · Preamble and interpretation of the Constitution Union and its territory (Art. 1-4) · Formation of new States · Ceding of Indian Territory to foreign country · Citizenship (Art: 5-11) · Meaning of citizenship · Various Methods of acquiring citizenship · Termination of citizenship · Relevant provisions of the Citizenship Act, 1955 · The Citizenship Amendment Act, 2019
Unit II
Fundamental Rights (Art 12-35) · General · Definition and nature of Fundamental Rights · Balance between individual liberty and collective interest · Definition of State (Art :12) · Violation of Fundamental right (Art. 13) · Doctrine of ultravires · Pre-constitution Laws · Doctrine of severability · Doctrine of eclipse · Post Constitutional Laws _ Doctrine of waiver · “Law” and “Law in Force” Equality (Art.14-18) · Introduction · Equality before Law and equal protection of Laws classification · Test of reasonable classification Rule against arbitrariness · No discrimination on grounds of Religion, Race, Caste etc · Special provisions for Women and Children · Special provisions for advancement of Backward classes · Equality in Public Employment · Reservation for Backward Classes · Abolition of untouchability · Abolition of Titles
Unit III
Right to Freedom (Art. 19) · Meaning and Scope · Test of Reasonableness · freedom of speech and expression, Assembly, Association, Movement, Residence, Freedom of Profession, Occupation, trade or business · Right to know and Right to Information Act,2005 · Protection in respect of conviction for offences (Art. 20) · Nature and Scope · Doctrine of expost facto Law · Rule of prohibition against double jeopardy · protection against self incrimination · Right to life and personal liberty (Art. 21) · “Personal liberty” · Meaning and Scope · Interrelation of Art. 14, 19 and 21 · New judicial trends in interpretation of Art. 21 “Due Process of Law” and “Procedure established by Law “ · Concept of Liberty and Natural Justice · Emergency and Art. 21 · Right to Education Art. 21 A · Protection against Arbitrary Arrest and Detention (Art. 22) · Rights of detenue · Rights to be informed of grounds of arrest, right to be defended by a lawyer of his own choice, right to be produced before a magistrate · Preventive detention Laws · Right against exploitation (Art. 23-24) · “Traffic in Human beings” and “Forced Labour” · Prohibition of employment of children in factories etc
Unit IV
Freedom of Religion (Art. 25, 26, 27, 28) · Concept of “Secular State” · Secular but not anti · religious · Restriction of Freedom of Religions · Cultural and Educational rights (Art. 29-30) · Protection of Minorities · Right to establish and manage their Educational Institutions · Saving of certain laws (Art. 31 A-31 B) · Savings of laws providing for acquisition of estates · Validation of certain Acts and Regulations · Constitutional Remedies (Art. 32-35&226) · Public Interest Litigation · Scope of Writ Jurisdiction of the Supreme Court and High Courts · Distinction between Art.32 and 226
Unit V
Directive Principles of State Policy (Art. 36-51) · Underlying Principles behind Directive Principles · Social and Economic Charter · Social Security Charter · Community Welfare Charter · Relation between Fundamental Rights and Fundamental Duties (Art. 51 A) · Need for fundamental duties · Enforcement of Fundamental Duties