HIDAYATULLAH NATIONAL LAW UNIVERSITY

B.A.LL.B. (Hons.) Semester – III

Constitutional Governance – I

In India the supreme law of the land is its Constitution. Thus, Constitutional law as a subject is of
paramount importance. Constitutional law as a subject deals with the framework of rights and
obligations of the individuals as well as of the State. The Constitution acts as guiding principle
for governance in a country. The study of Constitutional law includes interpretation of provisions
and changing dimension of governance. Discussions and lectures on Constitution include
understanding of the spirit which is in between the lines of the Constitution.

The Constitution of India is the most detailed Constitution of the world. Comprehensive study is
required for proper understanding. So it has been divided into 2 parts – Constitutional
Governance – I and II.

Module - 1: Introduction

1. Constitution, Constitutional Law, Constitutionalism.

2. Salient Features of the Constitution of India.
3. Preamble.
4. Nature of the Indian Constitution – Federal, Unitary, Quasi-federal.
5. The Union and its territory (Article 1 -4)
5.1. Acquisition of foreign territory.
5.2. Boundaries of Indian Union.
5.3. Admission or formation of new states.
5.4. Power of Parliament in respect of new states.

Module – 2: Basics of Fundamental Rights

1. ‘State’ under Article 12 of the Constitution.

2. ‘Law’ under Article 13 and 356.
3. Doctrine of Eclipse.
4. Doctrine of Severability.
5. Waiver of Fundamental Rights.

Module- 3: Right to Equality (Articles 14 – 18)

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 1. Equality Before Law
2. Non Discrimination
3. Reasonable Classification
4. Non- Arbitrariness
5. Protective Discrimination
6. Reservations in Appointments and Promotions
7. Abolition of Untouchability
8. Abolition of Titles

Module - 4: Right to Freedom-I (Articles 19)

1. Freedom of Speech and Expression.

2. Freedom to Assemble.
3. Freedom to Form Associations.
4. Freedom of Movement.
5. Freedom to Reside and Settle.
6. Freedom of Occupation.
7. Test of Reasonableness.

Module - 5: Right to Freedom-II (Articles 20-22)

1. Protection in respect of Conviction for Offences.

2. Protection of Life and Personal Liberty.
3. Protection against Arrest and Detention.

Module - 6: Right to Freedom of Religion (Articles 25 – 30)

1. Freedom of Conscience.
2. Freedom to Profess or Practice any Religion.
3. Freedom to Manage Religious Affairs.
4. Restriction on Religious Instructions in Educational Institutions.
5. Right to Establish and Administer Educational Institutions- Minority and Non- Minority
Institutions.

Module -7: Right to Constitutional Remedies (Article 32)

1. Writs.
2. Types of writes.
3. Locus Standi and Public Interest Litigation.

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Module 8: Directive Principles of State Policy (Articles 36 – 51) and Fundamental Duties
(Article 51A)

1. Objectives
2. Application of the principles.
3. State to secure welfare of the people.
4. Relation between Fundamental Rights and Directive Principles.
5. Fundamental Duties (Article 51A)

Books:

1. Mahendra P. Singh; V. N. Shukla’s Constitution of India

2. H.M. Seervai; Constitutional Law of India

3. M.P. Jain; Indian Constitutional Law

4. D.D.Basu; Constitution of India

5.A.Lakshminath; Basic Structure and Constitutional Amendments (Limitation and justifiability)

6. Granville Austin; The Indian Constitution Corner Stone of a Nation.

7. P.Ishwer Bhatt; Fundamental Rights.

8. Uday Raj Rai; Fundamental Rights and their enforcement in India

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