23.

CONSTITUTIONAL LAW II 4 Credits

1. Origin of Fundamental Rights - incorporation in the constitution importance of FR
Violation of FR Need for Remedies - Definition of State analysis various doctrines
law under Art. 13 definition
2. Concepts of Equality- different facets classification arbitrariness new doctrine
right to freedom different types - restrictions
3. Life and personal liberty constitutional protection inter relationships between various
provisions
4. Right to Religion minority rights - secularism, religious freedom, and social reforms-
Uniform Civil Code- analysis of property rights
5. Judicial Review scope and exclusions - Right to Judicial remedies Writs PIL -
Directive Principles Fundamental Duties inter relationship with fundamental rights
6. Emergency Kinds Impact on FR & Judiciary - Martial Law Amending Power

CONSTITUTIONAL LAW COURSE PLAN (4 Credits)

1. Origin, meaning, importance and special significance of fundamental rights

conceptual background why incorporate in constitution violation justiciability
need for remedies- State concept origin and importance -vis--vis Fundamental
Rights - Article 12 - definition of State contribution of Indian judiciary judiciary
as State Naresh v. Maharashtra, (1967), A.R. Anthuley (1984) law & law in force
under Article 13 legal system constitutionality of statute principles to determine
(10 hours)

2. Concept of equality test of classification and equality the two tests R.K. Dalmia
v. Justice Tendolkar, (1958) basis of classification -arbitrariness and equality E.P.
Royappa v. State of TN., (1974) Rajbala v. Haryana, (2016) Equality and
prohibition of discrimination and unequal treatment Backward Classes
Identification of Special Treatment to BCs Women and Children and Equality
NALSA v. Union of India (2014) Opportunity in Public Employment
Untouchability, Conferment of Titles and Equality Rights to Freedom Kinds
Scope and Extent Reasonable Restrictions K.A. Abbas v. Union of India, Devidas
v. Maharashtra ( 2015) Shreya Singhal v. Union of India (2015) (15 hours)

3. Rights of the accused ex post facto law, rights against double jeopardy and self
incrimination - Rights to life and personal liberty original view widening of the
concepts procedure established by law & due process of law meaning difference
interrelationship between Articles 14, 19 & 21- A.K. Gopalan to Maneka Gandhi
and thereafter Rights of the Detinus Rights against Exploitation (15 hours)

4. Meaning and concept of secularism under Indian constitution and right to religion
freedom to religion Aditya v. Travancore Devaswom Board (2002) Religious
denomination and rights morality and social issues uniform civil code Minority
rights under the constitution scope and extent and right to establish educational
institutions - new issues Right to Property Doctrine of Eminent Domain-
Restriction on the Right to Property (15 hours)
 5. Judicial review under the constitution Concept-scope and extent fundamental
rights and the right to approach judiciary right to approach judiciary itself as a
fundamental right principles judicial innovations (5 hours)

6. Directive Principles nature and concept Relationship with fundamental rights

How different form Fundamental Rights the four stages Champakam Dorairajan v.
Madras (1950) Haneef Qureshi v. Bihar & Re Kerala Education Bill (1959) C &
B Lodging v. Mysore (1970), Minerva Mills (1980) J.P. Unnikrishnan (1993)
Fundamental Duties (10 hours)

7. Emergency concept and kinds why needed in a constitution its impact on

fundamental rights restriction on the State in imposing Role of judiciary -Power to
amend the constitution scope and extent procedure for amendment judicial
intervention Golaknath - amendment whether law under Art. 13
Kesavanandabharathi concept of basic structure (10 hours)

Suggested Reading:

1. M.P. Jain, Indian Constitutional Law

2. M.P. Singh (Ed.) V.N. Suklas Constitution of India
3. Seervai, Constitution of India
4. D.D. Basu, Shorter Constitution of India

Mode of Evaluation

Evaluation is based on project submission 15 marks

Presentation of the projects in the class 10 marks
Class tests 15 marks
Attendance 5 marks
Class participation and discipline 5 marks (actual participation in the class)

Hand written projects only - To be prepared and submitted on or before 19.8.2016