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Introduction to the Indian Constitution

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Course Type Course Code No. Of Credits
Discipline Elective NSLG1EL121 4

Semester and Year Offered : Winter Semester

Course Coordinator and Team : Anushka Singh

Email of the coarse coordinator : anushka[at]aud[dot]ac[dot]in

Pre-requisites: None

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

The course is offered as a Generic Elective and is thematically intertwined with other courses on Constitution and Law offered to students of the BA Prog in Law and Politics. The course builds up to the UG Law and Politics course being offered to second year students titled ‘Constitutional Law’ and will also serve as a foundation to other Law courses to be offered to the UG Law and Politics cohort.

  • 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
  • No. of students to be admitted (with justification if lower than usual cohort size is proposed): 
  • Course scheduling: (summer/winter course; semester-long course; half-semester course; workshop mode; seminar mode; any other – please specify) Semester-long course
  • Proposed date of launch: Monsoon Semester 2022

 

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

The course will be offered to B.A. First-year students in Semester one as a Generic Elective. In keeping with the vision of the University to harmonize the purpose of education with the imperatives of social justice, this course on Indian Constitution sits at the heart of imparting the value system that AUD stands for. Additionally the course will allow the First Year students of BA in AUD to build a base in Constitution studies which enable them a better grasp on any possibly course on Indian politics, history or sociology to follow.

Course Details:

Summary:The course will serve as the basic introduction to the Indian Constitution and would be foundational to developing any understanding of the governance structure and politics in Post-independent India. The emphasis is on studying the Constitution as was originally imagined and drafted by the Constituent Assembly. The history of the Constitution making is made conversant with the basic features of the Constitution in explicating how provisions of the constitution embody its philosophy.  It acquaints the students with the basic postulates of the Constitution and gives them an overview of the constitutional parameters regarding the organization, powers and functions of the various organs of the Government. The Indian Constitution has been termed a ‘living document’ and the course explores the ideas of constitutional change and durability in viewing how the constitution engages with social and political processes and in term is shaped by those engagements. The attempt of the courses is also to enable the students to develop an understanding of the contemporary constitutional issues through their engagement with constitutional history. The course is multi-disciplinary in orientation as it allows for a non-singular viewing of the basic character of the Indian constitution as well as the processes through which it was created and has been sustained.

  ​​​​​Objectives

  • to understand the basic structure of the Indian Constitution in relation to the philosophy of the Constitution
  • to locate the specific provisions of the constitution in the socio-political context of their origin 
  • to gain familiarity with institutions of constitutional governance in India
  • to understand different aspects of constitutional politics in India unfolding through debates on amendments to and review of the provisions of the constitution

Learning Outcomes:

     On successful completion of this course. The students will

  1. Demonstrate an understanding of Indian constitutional structure in relation with the history of its origin
  2. Demonstrate awareness of the their Fundamental Rights and Obligations as citizens of the state
  3. Show basic understating of the constitutional concepts such as federalism, separation of powers, judicial review, etc.
  4. Demonstrate familiarity with how constitutional governance is carried out in India.
  5. Acquire Cognitive skills based on different assessment patterns like Presentations, Discussions, and etc

​​​​​​​Overall structure

Module 1 (Weeks 1, 2, and 3): The making of the Indian Constitution

The module traces the historical context of the birth of the Indian Constitution, the temporal factors shaping the Constitution and the processes through which it was drafted. The formation of the Constituent Assembly and its working occupy the central theme of the module and students are exposed to the deliberative world in which the Constitution is imagined and created.

Readings:

  • D D Basu, 2011, The Historical background, Introduction to the Constitution of India, Lexis Nexis, India.
  • S. K. Chaube, 2000, Birth of the Constituent Assembly, Constituent Assembly of India: Springboard of Revolution, Manohar.
  • Arun Thiruvengadam, 2018, Origin and Crafting of the Constitution, The Constitution of India, a Contextual Analysis, Hart Publishing.
  • Granville Austin, 1966, The Constituent Assembly- Microcosm in Action, Indian Constitution, Cornerstone of a Nation, Oxford University Press.
  • Subhash Kashyap, 1994, Making of the Constitution,  Our Constitution: An Introduction to India's Constitution and Constitutional Law, National Book Trust, India.
  • Dr. Ambedkar's Speech in the Constituent Assembly on Adoption of the Constitution (November 25, 1949, selected excerpts, available at https://indiankanoon.org/doc/792941/)

Module 2 (Weeks 4 and 5): The essentials of the Constitution

This module introduces to the students the basic character of the Indian constitution elucidated in the Preamble and other provisions. The basic features are tied to the philosophy of the Indian Constitution and must be understood in keeping with the original intention of the Constituent Assembly. This module also serves as the building block to understanding judicial politics that unfolded in the early decades after independence over constitutional interpretation and change.

Readings:

  • Ivor Jennings, 1953, Some Characteristics of Indian Constitution, G Cumberlege and Oxford University Press.
  • B R Ambedkar, 2010, Basic features of the Indian Constitution, Valerian Rodrigues (ed), The essential writings of BR Ambedkar. Oxford University Press, India.
  • D D Basu, 2011, Outstanding Feature of Our Constitution, Introduction to the Constitution of India, Lexis Nexis, India.
  • D D Basu, 2011, The Philosophy of the Indian Constitution, Introduction to the Constitution of India, Lexis Nexis, India.

Module 3 (Weeks 6, 7): The Conscience of the Constitution: Rights and Obligations

This module focusses on Part III (Fundamental Rights) and IV (Directive Principles of State Policy) of the Constitution which have together been termed as its Conscience and impresses upon students the centrality of these provisions in forming the bedrock of the society imagined by the Constitution. The module looks at the Assembly debates on these provisions, the structure of the organization of the rights of the citizens, and obligations of the state. It also discusses the distinction between the rights and obligations through entering the debate on justiciability and limitations.

Readings:

  • S K Chaube, 2010, Rights of Indians, The Making and Working of the Indian Constitution, National Book Trust, India.
  • Granville Austin, 1966, The Conscience of the Constitution- Fundamental Rights and Directive Principles- I, Indian Constitution, Cornerstone of a Nation, Oxford University Press
  • Granville Austin, 1966, Fundamental Rights- II, Indian Constitution, Cornerstone of a Nation, Oxford University Press
  • Arun Thiruvengadam, 2018, Fundamental Rights, Directive Principles and the Judiciary, The Constitution of India, a Contextual Analysis, pp. 101 to 137, Hart Publishing.
  • Ivor Jennings, 1953, Directives of Social Policy, Some Characteristics of Indian Constitution, G Cumberlege and Oxford University Press.

 

Module 4 (Weeks 8, 9, and 10): Constitutional Arrangements- Organs of the State

The module focusses on the structure of governance laid down in the Constitution and the three institutions entrusted with the task of governance- Legislature, Executive and Judiciary. While specifying the rationale behind the structure of each of these institutions, the module also would focus on the constitutional principles governing the relationship within and between these institutions such as Federalism, Separation of powers, judicial review and decentralization. The role of the judiciary would be particularly emphasized as the custodian of the constitution would subsequently be connected to the final module on the aspect of constitutional amendment and continuity.

Readings:

  • Arun Thiruvengadam, 2018, The Executive and the Parliament, in The Constitution of India, a Contextual Analysis, Hart Publishing
  • M.R. Madhavan, 2017, Parliament, D. Kapur, P.B. Mehta and M Vaishnav (eds.), Rethinking Public Institutions in India, OUP
  • D D Basu, 2011, The Judicature, Introduction to the Constitution of India, Lexis Nexis, India.
  • D D Basu, 2011, Nature of the Federal System, Introduction to the Constitution of India, Lexis Nexis, India.
  • Bidyut Chakrabarty and Rajendra Kumar Pandey, 2008, Indian Government and Politics, New Delhi: Sage (Chapter 3 ‘Executive System in Theory and Practice’, Ch 4 ‘Parliament’ and Ch 6 ‘The Judiciary’)

Module 5 (Weeks 11, 12): Constitutional Change and Durability

The last module focusses on the politics of constitutional change and addresses two specific themes- constitutional amendment and constitution review- both in relation with and distinct from each other. It begins with an examination of the debates on constitutional amendment and the ‘basic structure’ doctrine evolved by the judiciary to coagulate the essentials of the constitution. The module expects the students to understand the idea of the constitution as a ‘living document’ in light of the debates on constitutional change and adoption and showcases to them how constitutional politics in India has been a site of struggle of the aspirations of people.  The module also brings a contemporary tone to the course where recent events such as the abrogation of asymmetrical federal provision of the constitution or the amendment to the Citizenship Act, can be discussed with regard to the basic structure of the Constitution.

Readings:

  • Granville Austin, 1966, Amendment, Indian Constitution, Cornerstone of a Nation, Oxford University Press
  • Arun Thiruvengadam, 2018, Constitutional Change, The Constitution of India, a Contextual Analysis, Hart Publishing
  • M C Jain Kagzi, 1978, Was the Indian Constitution Intended to be overhauled periodically? Rajeev Dhawan, Alice Jacob (eds) Indian Constitution, Trends and Issues, Indian Law Institute
  • Rajeev Dhawan, 1978, The Basic Structure Doctrine, A Footnote Comment, Rajeev Dhawan, Alice Jacob (eds) Indian Constitution, Trends and Issues, Indian Law Institute
  • Madhav Kholsa, 2012, Introduction, The Indian Constitution, Oxford India Short Introductions, OUP.

Pedagogy:

  • Instructional designz The course will be a combination of lectures, thematic 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 outsideThe core faculty has academic training in the field of Constitutional Law.
  • Linkages with external agencies (e.g., with field-based organizations, hospital; any others None
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