LM1002

Indian Constitutional Law – The New Challenges
Programme: 
Master of Laws
Year / Semester: 
1st Year
Objective: 

•The Constitution, a living document is said to be always in the making.
•Constitution being the fundamental law an insight into its new trends is essential for meaningful understanding of legal system and processes.
•The course is designed with the aim to provide exposure to the new challenges and perspectives of constitutional development

Credits: 
6

Block-I : Federalism

Unit-1 : Federalism and Indian Constitution

1.1 Origin and development of federalism

1.2 Features of federalism

1.3 Models of federal system

1.4 Utility of federalism

1.5 Merits and demerits of federalism

1.6 Future of federalism

Unit-2 : Creation of new states

2.1 Procedure for creation of new states

2.2 Merits and demerits of creation of new states

2.3 State reorganization commission

2.4 Administration of union territories

2.5 Constitutional status of Jammu and Kashmir

Unit-3 : Tension between center and state: reasons and consequence

3.1 Points of conflict between center and state

3.2 Post of governor and role of bureaucracy

3.3 Interstate border and role of river - water dispute

3.4 Language dispute and center state differences

3.5 Differences relating to financial resources and economic planning

Unit-4 : Financial relation between center and state

4.1 Financial relation between center and state: concept and origin

4.2 Constitutional solution to solve the disputes

4.3 Support grants and power of states to take loan

4.4 Disputed matters related to financial planning in Indian union

4.5 Complaints of states

Unit-5 : Federalism and the emergency circumstances

5.1 Federalism and related emergency power

5.2 Effect of declaration on federalism

5.3 Actual implementation of proclamation of emergency on union

5.4 Proclamation of emergency in state on failure of constitutional mechanism

5.5 President rule in state and union system

5.6 Recommendation of Sarkariya Commission on president rule

Unit-6 : Challenges before federalism

6.1 Challenges before federalism

6.2 Problem of naxalism: origin, development and solutions

6.3 Terrorism and measures for control

Block-II : Emerging regime of new rights and remedies

Unit-1 : Freedom of press and challenges through new scientific development

1.1 Objectives of freedom of press

1.2 Relation between Freedom of speech and expression and press

1.3 Restrictions on freedom of press

1.4 Right to information and freedom of press

1.5 Right to broadcast and freedom of press

Unit-2 : Reading Directive Principles and Fundamental Duties into Fundamental Rights

Unit-3 : Right of Compensation

3.1 Compensation jurisprudence: meaning, nature and importance, development in India, important cases, theories

Unit-4 : Right to Education

4.1 Right to Education: Meaning and nature

4.2 Right to Education under Indian Constitution

4.3 86th Constitution Amendment Act, 2002 and Article 21-A

4.4 Problem of brain drain

4.5 Commercialization of education

Block-III : Separation of powers: Stress and strain

Unit-1 : Judicial Activism and judicial restraint

1.1 Judicial Activism: origin and development, objections

1.2 Judicial Activism: relation with Indian Constitution

1.3 Relation between Judicial Activism and legal stability

Unit-2 : Freedom of judiciary

2.2 Freedom of judiciary: concept and origin

2.3 Reasons and fields of judicial freedom

2.4 Constitutional provisions and Freedom of judiciary

2.5 Challenges before judicial freedom

2.6 Importance of judicial freedom

Unit-3 : Processes for appointment of judges

3.1 Importance of Processes for appointment of judges

3.2 Processes for appointment in Britain and America

3.3 Articles related to Processes for appointment of judges

3.4 Cases related to Processes for appointment of judges

3.5 Suggestion for judicial committee

Unit-4 : Processes for transfer and removal of judges

4.1 Importance of removal process of judges

4.2 Provisions for removal process in other countries

4.3 Provisions for judges enquiry act, 1968

4.4 Efforts for establishment of national judicial enquiry commission

4.5 Cases related to removal process

4.6 Provisions for judges enquiry bill, 2006

Unit-5 : Utility of public interest litigation

5.1 Public interest litigation: origin

5.2 Extent of public interest litigation in India

5.3 Relation of public interest litigation and Article 21

5.4 Misuse of public interest litigation

5.5 New dimensions of public interest litigation

Unit-6 : Administrative tribunals

6.1 Establishment of administrative tribunals

6.2 Kinds of administrative tribunals

6.3 Important decisions taken by administrative tribunals

6.4 Relation between administrative tribunals and judicial review

6.5 Establishment of regulatory authority and its functions

6.6 Competition commission (under competition act)

Block-IV : Democratic Process

Unit-1 : Election

1.1 Election process

1.2 Functioning of election commission

1.3 Conduct which would corrupt the election

1.4 Capabilities to be a candidate in election 1.5 Right of voter

Unit-2 : Nexus of politics with criminals and business, Electoral reforms

2.1 Coalition between politicians, criminals and business

2.2 Electoral reforms and their implementation

2.3 Important cases related to election

2.4 Constitutional and legal amendment related to election

2.5 Requirement of new election reforms

Unit-3 : Grass root democracy

3.1 Grass root democracy: History and requirement

3.2 Constitution of panchayats, powers and election procedure

3.3 Establishment of self-rule by panchayats

3.4 Development by municipalities

3.5 Establishment of grass root democracy by municipalities

Unit-4 : Federal Executive

4.1 President

4.2 Vice-President

Unit-5 : Union and State legislature

5.1 Composition of Parliament

5.2 Qualification and disqualification of member of parliament

5.3 Defection

Suggested Readings: 

No specific bibliography is suggested for this course since the course materials obviously depends upon the latest developments. These developments in the areas specified in the course can be gathered from the recent materials such as case law, changes and amendments of laws, critical comments, studies and reports, articles and research papers and lastly contemporary emerging ethos impacting on constitutional values.

  1. H.M. Seervai, Constitutional Law of India (1996), Tripathi.
  2. D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.
  3. J.N. Pandey, The Constitutional law of India
  4. M.P. Jain, The Constitutional law of India

NOTE: The minimum number of marks required to pass the examination i.e. previous as well as final, shall be 50% in each written paper/dissertation.