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

This course is the third Constitution Course to students of B.A. Programme in Law and Politics, Two of the major course offered by the SLGC to B.A students in their 3rd and 4th semester titled Indian Constitution and Politics, Constitutional Law I 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: Monsoon 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 the Structure, Scope, Substance and Content of Fundamental Rights, Fundamental duties and the directive principles of state policy in the constitution the students should be able to articulate their independent views over contemporary crucial constitutional issues. The course will be offered to BA III year students.

Course Details:

SummaryThe fundamental rights, duties and the directive principles of state policy will be discussed in this Course, Constitution of India provides a list of fundamental rights, including rights in relation to equality, liberty, and the protection of minorities, which cannot ordinarily be curtailed by the governments. The Directive Principles of State Policy are the provisions, contained in Part IV (Article 36-51) of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, Fundamental duties were added by 42nd and 86th Constitutional Amendment acts, Originally, the Constitution of India did not contain these Fundamental duties, Under this the Citizens are morally obligated by the Constitution to perform these duties, This course will provide a detailed understanding of what these rights and Duties mean, the purpose behind their presence in the constitution, and how the Supreme Court of India has interpreted them.

Objectives

• To Enable the students to understand the importance of The fundamental rights, Fundamental duties and the directive principles of state policy in the constitution.
• To familiarize the students on the role played by the Supreme Court in interpreting Fundamental rights, Fundamental duties and the directive principles of state policy in the Indian constitution.
• Expected Learning Outcomes

On the successful completion of the course students would be able to

• Understanding the textual provisions of Constitution of India
• Demonstrate knowledge of the Fundamental Rights and Duties of the Citizens as well as the Obligation of the state towards its citizens
• Demonstrate familiarity with key political developments that have shaped the Constitution and amended it from time to time.
• Demonstrate familiarity on core concepts in constitution that equip the students in taking other law courses.

Overall structure

Module 1: Fundamental Rights (General)

Under this Module the discussion will be on State under Article 12 and Law under Article 13 of Indian Constitution, The rights which are given to the citizens by way of fundamental rights are a guarantee against state action so understanding the meaning of the State is very significant, article 13 states that The State cannot enact laws which is inconsistent with the Fundamental Rights of the Citizens.

Week-1 Readings:

1. Shivam Goel, 2014, Article 12: Defining the term ‘State’ (Part III of the Constitution of India, 1950), Lambert Academic Publishing, ISBN: 978-3-659-60665-6.
2. Mr Ananth Padmanabhan, 2016 Rights: Breadth, Scope, and Applicability, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:

Cases:

1. State of Gujarat v. Sri Ambika Mills, AIR 1974 SC 1300 : (1974) 4 SCC 656.
2. Bashesher Nath v. CIT, AIR 1959 SC 149, 1959 SCR Supl. (1) 528
3. State of Bombay v. F.N. Balsara, AIR 1951 SC 318, 1951 SCR 682

Module 2: Right to Equality

Under this module discussion will be on Article 14 to 18 of Indian Constitution which is Right to equality that is one of the six fundamental rights in the Indian constitution. It includes equality before law, prohibition of discrimination on grounds of race, religion, gender, and caste or birth place, and equality of opportunity in matters of employment, abolition of untouchability and titles.

Week 2 and 3 Readings:

1. Elisa Holmes, March 2005 'Anti-Discrimination Rights Without Equality' volume 68; issue 2; Modem Law Review Page No.175-194.
2. Mr Tarunabh khaitan, 2016 Equality: Legislative Review under Article 14, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:
3. Kamala Sankaran, 'Special Provisions and Access to Socio-economic Rights: Women and the Indian Constitution' 2007 Volume 23Issue (2) South African Journal of Human Rights Page No.277-290.
4. Mr Vinay Sitapati, 2016 Reservation, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:
5. The Citizenship (Amendment) Bill, 2016 and the Aporia of Citizenship by Anupama Roy, Vol. 54, Issue No. 49, 14 Dec, 2019 in Economic and political weekly.

Cases:

1. Chiranjit Lal Chaudhary v. Union of India, AIR 1951 SC 41, 1950 SCR 869
2. State of W. B. v. Anwar Ali Sarkar, AIR 1952 SC 75,1952 SCR 284
3. Indra Sawhney v. Union of India, AIR 1993 SC 477,1992 Supp 2 SCR 454
4. Ashoka Kumar Thakur v. Union of India (2008) 6 SCC 1

Module 3: Right to Freedom

Right to freedom is the most significant fundamental rights assured by the Indian constitution, It is the prevalence of these freedoms that make democracy meaningful, Right to freedom generates freedom of speech and expression, association, practice any occupation or profession, right to life and liberty, protection against detention and arrest etc.

Week 4 and 5 Readings:

• Prof. Lawrence Liang, 2016 Free Speech and Expression, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:
• Srivastava, Romit, Test to Determine Reasonable Restrictions Under Article 19 of the Constitution of India (August 24, 2012). Available at SSRN: https://ssrn.com/abstract=2135681.
• Aparna Chandra and Mrinal Satish, 2016 Criminal Law and the Constitution, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:

Cases:

• A.K. Gopalan vs The State Of Madras.Union Of India 1950 AIR 27, 1950 SCR 88
• Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106, 1973 SCR (2) 757
• Shreya Singhal v. Union of India (2013)12 SCC 73
• Smt. Selvi and Ors. v. State of Karnataka, AIR 2010 SC 1974
• Maneka Gandhi v. Union of India, AIR 1978 SC 597, 1978 SCR (2) 621

Module 4: Right against Exploitation

This module states on the following Fundamental rights which is Right against exploitation, Article 23 imposes a complete ban on traffic in human beings, and forced labour, Article 24 prohibits the employment of children below fourteen years in any factory, Some features of Interstate Migrant of workmen act 1979 and The Bonded Labour system (abolition) act 1976 will be discussed.

Week 6 Readings:

• Mr. Rajinder Kaur Rights against Exploitation (Articles 23,24) in Advanced Constitutional Law Module available at www.epgp.inflibnet.ac.in ›
• Mr. Biswajit Ghosh Trafficking in women and children in India: nature, dimensions and strategies for prevention Vol.13, No. 5, December 2009, 716–738 in The International Journal of Human Rights
• Pradeep M. D. A Study On The Prospects And Problems Of Unorganised Labours In India ISBN No: 978-93-5265-653-0, Page No. 304-316 Reinventing Opportunities In Management, IT and Social Sciences.

Cases:

• People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473.
• Bandhua Mukti Morcha vs Union Of India & Others, AIR 802, 1984 SCR (2) 67.

Module 5: Freedom of Religion

This module discusses on an important Fundamental rights which is on Right to freedom of religion, under Article 25-28 of the Indian Constitution. India, being a secular nation gives every citizen the right to follow the religion he wishes.

Week 7,8 Readings:

• Ronojoy Sen, 2016 Secularism and Religious Freedom, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:
• Shefali Jha, 'Secularism in the Constituent Assembly Debates: 1946-50' (2002) 37(30) Economic and Political Weekly 3175.
• Rajeev Bhargava, 'India's Secular Constitution' in Zoya Hasan, E Sridharan, and R Sudarshan (eds) India s Living Constitution: Idea, Practices, Controversies (Permanent Black 2002) 117.

Cases:

• Bijoe Emmanuel v. State of Kerala (1986) 3 SCC 615
• Commissioner of Police v. Acharya Jagadishwarananda Avadhuta (2004) 12 SCC 770
• Indian Young Lawyers Association v. State of Kerala 2018 SCC OnLine SC 1690
• Adi Saiva Sivachariyargal Nala Sangam v. The Government of Tamil Nadu (2016)2 SCC 725

Module 6: Educational and Cultural Rights

Our constitution provides the minorities to save their culture, All minorities, religious or linguistic, can also establish their own educational institutions.

Week 9 Readings:

• K Vivek Reddy, 2016 Minority Educational Institutions, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:
• Arvind Datar, 'Our Constitution and Its Self-inflicted Wounds' (2007) 1 Indian Journal of Constitutional Law Page.no.92-112,.

Cases:

• T.M.A. Pai Foundation V. State of Karnataka, AIR 2003 SC 355
• P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3236

Module 7 :Right to Constitutional Remedies

Under this module a very significant fundamental rights that is right to constitutional remedies is discussed, Our constitution states that a person can move to Supreme court if he/she wants to get their fundamental rights protected. This right comes under article 32.

Week 10 Readings:

• Gopal Subramanium, 2016 Writs and Remedies, in Sujit Choudhry et al, The Oxford Handbook of the Indian Constitution, New Delhi:
• SP Sathe, Judicial Activism in India (Oxford University Press 2002) Page.no.203.
• Bandhua Mukti Morcha vs Union Of India & Others, AIR 802, 1984 SCR (2) 67.