Constitutional Law-I

Course Type	Course Code	No. Of Credits
Foundation Core	NSLG1LP106	4

Semester and Year Offered: Monsoon semester 2019

Course Coordinator and Team: S.R.Prabakaran

Email of course coordinator: srprabakaran[at]aud[dot]ac[dot]in

Pre-requisites: None

1. Does the course connect to, build on or overlap with any other courses offered in AUD?

This course is the second Constitution Course to students of B.A. Programme in Law and Politics. One of the major course offered by the SLGC to B.A students in their 3rd semester titled Indian Constitution and Politics does help build up familiarity with constitutional discourse in India, this Constitutional Law Course provides a complete legal perspective that doesn’t overlap with any other Course.

2. Specific requirements on the part of students who can be admitted to this course: (Pre requisites; prior knowledge level; any others – please specify) No requirement

3. No. of students to be admitted (with justification if lower than usual cohort size is proposed): As per AUD rules

4. Course scheduling: (summer/winter course; semester-long course; half-semester course; workshop mode; seminar mode; any other – please specify) Semester-long course

5.Proposed date of launch: Winter 2020

6. How does the course link with the vision of AUD and the specific programme(s) where it is being offered?

The purpose of the course is to acquaint the students with the Basic Postulates of the Constitution and give them a picture of Constitutional Parameters regarding the organization, Powers and Functions of the various Organs of the Government. The emphasis is also on the study of the nature of federal structure and Functioning, the students should be able to articulate their independent views over contemporary crucial constitutional issues. The course will be offered to BA II year students.

Course Details:

Course Description

This Course attempts to provide Legal perspective with relevant Cases on various Institutions in the Constitution, the constitution provides three distinct branches of States namely the Executive, the Legislature and the Judiciary. They constitute the entire governance of India. The Constitution of India mentions the separation of powers between these three organs. Each organ has separate and independent powers with different roles and responsibilities assigned to each department for the proper functioning of the government And our Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features and the Constitution of India gives a scheme of democratic bodies as well as an independent constitutional authority bestowed with the function of conduct of free and fair elections, namely the Election Commission.

Objectives

To familiarize the students with the fundamental premises and design of the different Institutions in the Indian Constitution.

To analyse the Legislative relations between the centre and the states.
To familiarize the students with the existing legal framework of elections to various democratic bodies.

Content:

Module-1 The Union and The State Executive

India is a democratic republic with a parliamentary form of government. The government at the Central level is called the Union Government’ and at the State level it is known as the State Government’. The Union Government has three organs namely the Executive, the Legislature and the Judiciary. The President, the Prime Minister along with his Council of Ministers collectively constitute the Union Executive, The Governor and The Chief Minister along with his Council of Ministers collectively constitute the State Executive, this module discusses how the Union and State Executive is constituted and what functions does it perform. Article 52 – 78, 153 – 164 Constitution of India.

Week 1 and 2

Readings:

Shubhankar Dam, 2016, executive, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 344-365.
Durga Das Basu Introduction to The Constitution of India by LexisNexis Butterworths Wadhwa Nagpur 2011 The Union Executive pp 175-209 and The State Executive pp 237-246.
M.P Jain, Indian Constitutional Law, 5th Edn., (Wadhwa: 2005) The Union Executive pp 169 – 262 and The State Executive 464 – 521.

Cases:

U.N. R. Rao vs Smt. Indira Gandhi on 1971 AIR 1002, 1971 SCR 46
Shamsher Singh & Anr vs State Of Punjab on 1974 AIR 2192, 1975 SCR (1) 814
M.P. Spl. Police Estab. v. State of M.P., (2004) 8 SCC 788
Epuru Sudhakar v. Govt. of A.P., AIR 2006 SC 338

Module-2 The Parliament and The State Legislature

This module discusses the Composition of Parliament and State legislatures and also includes the discussions on Qualification/Disqualification of Members of Legislature, Legislative Procedure etc. Articles 79 - 122, 168 - 212 Constitution of India.

Week 3 and 4

Readings:

Mr Madhavan, 2016, Legislature: Composition. Qualifications, and Disqualifications, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 308-326.
Sidharth Chauhan, 2016, Legislature: Privileges and Process, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 328-342.
Durga Das Basu Introduction to The Constitution of India by LexisNexis Butterworths Wadhwa Nagpur 2011 The Union Legislature pp 210-234 and The State Legislature pp 247-262.

Cases:

B. R. Kapur v. State of T. N. AIR 2001 SC 3435
Lily Thomas v. Union of India, (2013) 7 SCC 653.
Jaya Bachchan v. Union of India, AIR 2006 SC 2119
Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184

Module-3 The Union and The State Judiciary

Our judiciary consist of three levels of courts, they are District Courts, High Courts and the Supreme Court, Each state comprises many districts and has its own district and subordinate courts. Each state has its own High Court, which is most certainly the highest judicial authority of the state, the Supreme Court- is at the top of all state and district courts. This module discusses the Composition, Appointment, Removal and Jurisdiction of the Courts. Article 124–145, 214–237. Constitution of India.

Week 5 and 6

Readings:

Durga Das Basu Introduction to The Constitution of India by LexisNexis Butterworths Wadhwa Nagpur 2011 The Judicature pp 299 – 322.
M.P Jain, Indian Constitutional Law, 5th Edn., (Wadhwa: 2005) The Supreme Court pp 263 – 409 and The State Judiciary pp 522 – 664..
Raeesa Vakil,2016, Jurisdiction in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, pp 405-422.
Nick Robinson ,2016, Judicial Architecture and Capacity in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, pp 366-385.

Cases:

S. P. Gupta v. President of India, AIR 1982 SC 149
In re Special Reference No. 1 of 1998, AIR 1999 SC 1
SC Adv. on Record Association v. Union of India, 2015 (11)SCALE 1
L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
Madras Bar Association v. Union of India, (2014) 10 SCC 1

Module-4: The Federal structure: Legislative Relations between the Centre and the States

The Constitution of India provides a dual polity with a clear division of powers between the Union and the States, each being supreme within the sphere allotted to it. This module discusses Articles 245 to 255 in Part XI that deals with different aspects of legislative relations between centre and states. These include: (1) Territorial jurisdiction of laws made by the Parliament and by the Legislatures of States, (2) Distribution of legislative subjects (3) Power of parliament to legislate with respect to a matter in the State List (4) Central control of state legislation.

Week 7,8

Readings:

Mahendra Pal Singh, 2016, The Federal Scheme, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 485-499.
V Niranjan, 2016, Legislative Competence: The Union and the State, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 501-519.
Granville Austin, 1966, Indian Constitution, Cornerstone of a Nation, OUP, The Amicable Union pp 231-269.
Durga Das Basu Introduction to The Constitution of India by LexisNexis Butterworths Wadhwa Nagpur 2011 Federal System pp 51-66.

Cases:

G.V.K. Industries v. Income Tax Officer, (2011) 4 SCC 36
Gujarat University v. Krishna Ranganath Mudholkar, AIR 1963 SC 703
Union of India v. H. S. Dhillon, AIR 1972 SC 1061
Vijay Kr Sharma v. State of Karnataka, (1990) 2 SCC 562

Module-5 Constitutional framework of Elections: the Election commission.

The Constitution of India adopted a Parliamentary form of government. Parliament consists of the President of India and the two Houses — Rajya Sabha and Lok Sabha. India, being a Union of states, has separate state legislatures for each state, The task of conducting election to these institutions is bestowed on Election Commission of India. This module discusses the framework of elections and the Role of Election Commission and Bodies of Defection, Articles 324-329 Constitution of India.

Week 9,10

Readings:

E Sridharan, The Origins of Electoral System: Rules, Representation and Power Sharing, in India’s Living Constitution: Ideas Practices Controversies, Hasan ed., et al., (Permanent Black: 2002) pp 344 - 369
Aditya Sondhi, 2016, Elections in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 237-253.
A.K Roy, Role of Election Commission in Ensuring Fair Polls, EPW Commentary, Sept. 11, 1999
Sriram Panchu, Free and Fair Election Commissioners, EPW Vol. 44 No. 17 p. 93 (2009)
B. Venkatesh Kumar, Anti-Defection Laws: Welcome Reforms, EPW Commentary, May 10, 2003

Cases:

Indira Gandhi v. Raj Narain AIR 1975 SC 2299
R.C Poudyal v. Union of India AIR 1993 SC 1804
T.N Seshan v. Union of India AIR 1995 SC 852
Election Commission of India v. Dr. Manmohan Singh (2000) 1 SCC 591

Module-6 Citizenship

Citizenship signifies the relationship between individual and state, Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament, The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2, this Module discusses on Citizenship under Articles 5 to 11Constitution of India, Citizenship act of 1955.

Week 11

Readings.

Niraja Gopal Jayal, 2016, Citizenship, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 206-221.
Durga Das Basu Introduction to The Constitution of India by LexisNexis Butterworths Wadhwa Nagpur 2011 Citizenship pp 74-78.
Niraja Gopal Jayal (2013) Citizenship and its Discontents: An Indian History, Cambridge & London: Harvard University Press, and New Delhi: Permanent Black, pp27-82.

Cases

State Trading Corporation of India v The Commercial Tax Officer, AIR 1963 SC 1811.
Nasir Ahmed vs The Chief Commissioner, Delhi, 1958 AIR 1959 P H 261.

Module 7: Language

The provisions incorporated in part XVII of the constitution are the basis of the language provisions. The provisions of the official language of India may be divided into different parts, namely —a) Language of the union b) Regional language (c) Language for inter-communication (d) Language of the Supreme Court (e) Formation of a language commission (f) Language to be used in union parliament and state legislatures (g) Safeguards for linguistic minorities (h) Miscellaneous provisions for the promotion, development and use of Hindi language, this module discusses on the above mentioned aspects on Language.

Week 12

Readings.

Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press 1966) Language and the Constitution pp 330-383.
Sujit Choudhry, 2016, Language, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi: OUP, pp 223-236.
Durga Das Basu Introduction to The Constitution of India by LexisNexis Butterworths Wadhwa Nagpur 2011 Languages pp 407-414.

Cases:

Union of India v Murasoli Mar an (1977) 2 SCC 416.
L.M. Wakhare vs The State,1953 AIR 1959 MP 208

Pedagogy:

Instructional design The course will be a combination of lectures, thematic discussions, Case Law discussions and presentations.
Special needs (facilities, requirements in terms of software, studio, lab, clinic, library, classroom/others instructional space; any other – please specify) None
Expertise in AUD faculty or outside The faculty members at SLGC with training in both law and Political Science are well equipped to teach the course
Linkages with external agencies (e.g., with field-based organizations, hospital; any others) None