Indian Constitution

Course Type	Course Code	No. Of Credits
Discipline Core	NSUS1PO602	4

Course Coordinator and Team: SES Faculty

Email of course coordinator: pcbabed@aud.ac.in

Pre-requisites: No

Course Description:

This course offers an overview of the Indian Constitution, tracing its historical development from Partition and the integration of princely states to the formation of the modern nation-state. Through analysis of Constituent Assembly debates, it examines national symbols, representation, minority rights, and language issues. The course also explores landmark case laws and contemporary debates, highlighting the Constitution’s transformative role and encouraging critical engagement with India’s democratic institutions.

Course Objectives

To enable students to critically contextualize the historical, political, and social processes that led to the framing of the Indian Constitution.
To introduce students to the Indian Constitution as a dynamic and evolving document that responds to the needs of a diverse democracy.
To provide students with foundational knowledge of India’s institutional structures and their constitutional functioning, supplemented by key case law analyses.

Course Outcomes

Explain the terms and implications of Partition and analyze the integration of princely states into the Indian Union.
Discuss the deliberations of the Constituent Assembly on key symbolic and ideological elements, including the National Flag, National Song, National Anthem, national language, and the debates on representation and minority rights.
Critically assess the roles, powers, and interrelationships of core institutions such as the President, Prime Minister, Governor, Chief Minister, Parliament, State Legislatures, and the Judiciary within India’s constitutional framework.
Apply constitutional principles to evaluate contemporary issues and judgments, demonstrating an understanding of the Constitution as a living document.

Brief description of the modules:

Module 1: India at the Time of Independence
This module explores the socio-economic and political condition of India at the time of independence in 1947. It focuses on the partition and the challenges of integrating over 500 princely states into the Indian Union. The module also highlights the efforts of leaders like Sardar Vallabhbhai Patel in unifying the country and establishing a cohesive national identity.

Module 2: Making of the Indian Constitution and Constituent Assembly Debates
This module delves into the historical process of drafting the Indian Constitution. It examines the foundational principles such as universal adult franchise, representation, and the First-Past-The-Post (FPTP) electoral system. It also covers the inspirations drawn from other constitutions around the world. Furthermore, it includes significant Constituent Assembly debates on nationhood, symbols of national identity (like the flag, anthem, and language), and critical discussions on minority rights and centre-state relations.

Module 3: Indian Constitution as a Living Document
This module emphasizes the dynamic and evolving nature of the Indian Constitution. It explores key features like the parliamentary system, the Fundamental Rights, and Directive Principles of State Policy. It also looks into the structure and functioning of the independent judiciary and the process of constitutional amendments, underlining the adaptability of the Constitution to contemporary needs.

Module 4: The Parliament and the Executive: Structure and Working
This module provides an overview of the structure and functions of the Indian Parliament and State Legislatures. It explains the roles of the President and Governors, as well as the powers and responsibilities of the Prime Minister, the Prime Minister’s Office (PMO), and the Chief Ministers. The focus is on understanding the working of the legislative and executive branches at both the central and state levels.

Module 5: Judiciary in India
This module examines the structure and functions of the Supreme Court and High Courts in India. It discusses the concepts of judicial accountability, judicial activism, and judicial overreach. The module highlights how the judiciary acts as a guardian of the Constitution and plays a vital role in upholding democratic values and individual rights.

Module 6: Centre-State Relations in India
This module focuses on the legislative, executive, and financial relationships between the Centre and the States. It explores the federal structure of India and analyzes ongoing debates and challenges related to Indian federalism, including issues of autonomy, governance, and resource distribution between different levels of government.

Assessment Plan

Assessment	Weightage
Assignment 1: Engagement with the educational resources. This involves in-class quizzes and short response notes	30%
Assignment 2: assignments and/or presentations	30%
Assignment 3: End-term assessment	40%

Readings:

Copland, I. (1991). The Princely States, the Muslim League, and the Partition of India in 1947. The International History Review, 13(1), pp. 38-69.
Sharma, P. (1967). Integration of Princely States and the Reorganization of States in India. The Indian Journal of Political Science, 28(4), pp. 236-241.
Singh, M. (2008). Reorganisation of States in India. Economic and Political Weekly, 43(11), pp. 70-75.
Wood, J. (1984). British versus Princely Legacies and the Political Integration of Gujarat. The Journal of Asian Studies, 44(1), pp. 65-99
Singh, M. (2008). Reorganisation of States in India. Economic and Political Weekly, 43(11), pp. 70-75.
Amba Datt Pant, Bharatiya Savidhan Tatha Nagarikta [The Indian Constitution and Citizenship] (Allahabad: Central Book Depot, 1959), particularly 97–117.
Arun K. Thiruvengadam (2021). India’s Constitutional Founding: An Enduring But Mixed Legacy by in Kevin Tan and Ridwanul Hoque edited Constitutional Foundings in South Asia, Bloomsbury Publishing.
Chaube, S.K. (1973) ‘The Indian Problem’, in the Constituent Assembly of India. Delhi: People’s Publishing House.
Jha, Shefali. (2004). Representation and Its Epiphanies: A Reading of Constituent Assembly Debates, Economic and Political Weekly, Vol.39, No.39 (Sept25-Oct.1, 2004), pp.4357-4360.
Chandra Bipan, Mukherjee Mridula and Mukherjee Aditya (2000) India After Independence, Penguin.
Mehta Uday. Indian Constitutionalism: crisis, unity, and history in Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta The Oxford Handbook of the Indian Constitution.
Dhavan, R. (2006). Governance by Judiciary: Into the Next Millennium. In Dua, B.D., Singh, M.P., & Saxena, R. (Eds.), Indian Judiciary and Politics: The Changing Landscape. Delhi: Manohar Publication.
Parekh, B. (2006). Defining India's Identity. India International Centre Quarterly, 33(1), pp. 1-15.
Bajpai, R. (2000). Constituent Assembly Debates and Minority Rights. Economic and Political Weekly, 35(21/22), pp. 1837-1845.
Austin, Granville (2003). Working a Democratic Constitution: A History of the Indian Experience, Oxford University Press (Select Chapters).
Brass, P.R. (1999) ‘Crisis of National Unity: Punjab, the Northeast and Kashmir’ in The politics of India Since Independence. New Delhi: Cambridge University Press and Foundation Books.
Bhargava, Rajeev. (2008) ‘Introduction: Outline of a Political Theory of the Indian Constitution’, in Bhargava, R. (ed.) Politics and Ethics of the Indian Constitution. New Delhi: Oxford University Press, pp.1-40.
Comparative Constitutionalism in South Asia (2013) edited by Sunil Khilnani, Vikram Raghavan, Arun K. Thiruvengadam, Oxford University Press.
Austin, Granville (2003). Working a Democratic Constitution: A History of the Indian Experience, Oxford University Press (Select Chapters)
Verney, D. (1989). From Executive to Legislative Federalism? The Transformation of the Political System in Canada and India. The Review of Politics, 51(2), pp. 241-263