Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.

Gujarat National Law University

Gandhinagar, Gujarat (India)

Course Outline

of
Constitutional History of India

For
BA/BCom/BSc/BBA/BSW, LLB

Semester: I (July-December 2022)

Session: 2022-2023

Faculty:
Ms. Dhanya.S
Assistant Professor of Research
Gujarat National Law University
E-Mail: sdhanya@gnlu.ac.in
Mob: +91-8128355338

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

Sl. Contents Page

No. No.
1.0 Objectives of the course 3

2.0 Proposed teaching schedule 4

3.0 Detailed course-outline 5-10

4.0 Prescribed/Recommended readings 11-12

5.0 Teaching methodology 13

6.0 Evaluation pattern 13

7.0 Tentative dates for test/submission of project/GD, etc 13

8.0 Important instructions to students 14

9.0 Contact hours 14

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

1.0 Objectives of the Course

The course on Indian legal history traces the evolution of the modern Legal System of India. By
the study of Indian Legal History, one would understand the development of the present legal
system from its correct perspective. The purpose of the study of Indian legal history is to acquaint
the student with the evolution of legal rules.
India is a country rich in history and traditions. A student of law should be exposed to the ancient
social order and religious philosophy as well as to the system of dispute settlement mechanism
existing in those days. The medieval period had an influence on the development of the legal
system. The advent of the British was an event, which also had its influence. The growth of judicial
and legislative institutions after this event has to be taught in order to give an insight and awareness
of how this present system had emerged from the ancient and medieval times.

Learning Outcomes

A student after successful completion of this course should be able to:

• Comprehend the types of legal systems that prevailed in Indian History;

• Develop cause and effect understanding of the evolution of law and the Constitution

• Develop an understanding of trends and patterns of evolution of the Indian court

system, legislation and constitution.

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

2.0 Proposed Teaching Schedule

No. Modules No. Of

Sessions
I. 2. 1 Legal System in Ancient 4

I. 2. 2 Legal System in Medieval India 4

I. 2. 3 Early Administration of Justice in Madras, Bombay and 8

Calcutta
I. 2. 4 Judicial System in India: Ancient and Medieval Period 10

I. 2. 5 Codification of Laws 8

I. 2. 6 The Historical Background of the Constitution 8

I. 2.7 Development of the Constitution Since Independence 10

I.2.8 Rule of Law and Post-Independent Constitutional 8

Developments
Total 60

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

3.0 Detailed Course outline

Constitutional History of India

MODULE I.3.1 Legal System in Ancient India Session: 4

The first module will focus to provide a broader understanding about the legal system prevailing in
ancient and medieval India. This is to understand how and why changes in modern system took
place.

• Vedic Age
- Sutras
- Smriti’s
- Dharmasutras And Dharmashastras
- Smritikars
- Brihaspati
- Yajnavalkya
- Narada
- Katyayana
- Manu
- Achara’s

• Judicial System in Ancient India

- Administration of Justice
- Constitution of courts
- Judicial procedure
- Appointment of judges and judicial standard
- Trial by Jury

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

- Trial by ordeal
• Crime and punishment in Ancient India

MODULE I.3.2 Legal System in Medieval India Session: 4

• Medieval Legal System Impact of the Muslim rule and changes in the legal system
- Causes of the downfall of early Hindu Kingdoms
- Muslim social order: Political theory and religion

• Sultanate of Delhi: Civil Administration

- Administration of Justice: Constitution of Courts
- Appointment of judges and judicial standards

• Mughal Period: Judicial System

- Administration of Justice: Constitution of Courts
- Appointment of judges and judicial standards
- Judicial Procedure
- Trial by Ordeal
- Crimes and Punishments

MODULE I.3.3 Early Administration of Justice in Madras, Bombay and

Calcutta Sessions: 8

The second Module will orient the student to understand the development of the legal principles and systems
in modern India. The modern legal system has been developed passing through different stages.

• The development of legislative institutions of East India Company

• Early Charters and Surat factory
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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

- Charter of 1600
- Charter of 1661
- Surat Factory
• Administration of Justice in Madras (1639-1726)
- Administrative setup and Judicial System during 1639-1665
- Second Period 1665-1686
- Third Period 1686-1726
• Administration of Justice in Bombay (1668-1726)
- Administrative setup and Judicial System during 1668-1683
- Second Period 1684-1690
- Third Period 1718-1726
• Administration of Justice in Calcutta (1690-1726)

MODULE I. 3.4 Judicial System in India: Ancient and Medieval Period

Sessions: 10

This module intends to orient the students to the development of courts and Judicial reforms in both
Ancient and Medieval India
• Judicial System in Ancient India
• Privy Council
• Mayor’s Court
• Adalat System
• Supreme Court at Calcutta
• Supreme Court at Bombay and Madras
• Reorganization of the Adalat System-Judicial Plan 1780
• Progress of the Judicial Reforms
- During the period of Cornwallis
- During the period of Sir John Shore
- During the period of Wellesley-Amherst
- Criminal Judicature after Cornwallis
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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

• Adalat System in Bengal

• Judicial System Beyond Bengal
• Establishment of High Court
• Indian High Court Act 1861
• High Court of Judicature at Bombay, Madras and Allahabad
• Federal Court of India
• High Courts Established During 1947-1950
• High Courts Established post 1950
• Establishment of Supreme court of India

Module I.3.5: Law Reforms and Codification of Laws

Sessions: 8

• Development of Criminal Law

• Development of Civil Law
• Regulating Act 1773
• Act of Settlement 1781
• Cornwallis Code
• Statute of 1797
• Regulation of 1802 and 1807
• Charter Act 1813
• Charter of 1833 and Reforms in Legislation
• Working Of Law Commission
• Law Commission under the Indian Constitution
• Codification 1861-1879
• Personal Laws and Codification

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

Module I. 3.6 Historical Background of the Constitution Sessions: 8

• Government of India Act 1858

• Indian Councils Act 1861
• Government of India Act 1870
• Indian Councils Act 1892
• Indian Councils Act 1909
• Government of India Act 1919
• The Simon Commission
• Government of India Act 1935
• Constitutional developments 1937-1947
• Indian Independence Act 1947

Module I.3.6 Development of the Constitution Since Independence

Sessions: 10

• Formation of Constituent Assembly

• Constituent Assembly Debate

- CAD on Preamble

- CAD on Fundamental Rights

- CAD on National Language

- CAD on Sedition

- CAD on Uniform Civil Code

- CAD on Secularism

- CAD on Reservation
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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

• Drafting of the Constitution

• Salient Features of the Indian Constitution

• Important Amendments to the Constitution

Module II.3.7 Rule of Law and Post-Independent Constitutional

Developments Sessions: 8

• The Concept of Rule of Law

- Origin

- Definition

- Dicey’s Concept

- Emerging meaning of concept of Rule of Law

• Salient Features of the Constitution

• Judicial Activism and the Constitution

• Some Landmark Judgements

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

4.0 Prescribed/Recommended Readings

Prescribed Readings

➢ Jatar Nilakshi and Paranjape Laxmi, Legal History: Evolution of Indian Legal System
(Eastern Book Company, Lakhnow, 2012)

➢ Kulshrashtha VD, Landmarks in Indian Legal and Constitutional History,

➢ (Eastern Book Company , Lakhnow)

➢ Shrinivasa Murthy H.V and Elizabeth VS, History of India part II for law students,
(Eastern Book Company , Lakhnow)

➢ Shrinivasa Murthy HV, History of India part I for law students, Company , Lakhnow)

➢ Jain MP, Outlines of Indian Legal History,( Wadhava and Company, Nagpur, 2012)

➢ Gandhi M.K, The Law and the Lawyers (Navjeevan Publishing HouseNote: The
foregoing list of readings is not exhaustive. Some additional references may be provided
by the faculty concerned from time to time. Further, the students are advised to explore
further reading sources and references on their own.

➢ Rohit De, A People’s Constitution: The Everyday Life of Law in the Indian Republic
(2018)
➢ Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts
(2019)
➢ Chitra Sinha, Debating Patriarchy: The Hindu Code Bill Controversy in India (1941-
1956)

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

Recommended Readings

➢ Noorani AG, Indian Political Trials 1775-1947, (OUP, 2007)

➢ Murthy Shrinivasa H.V and Elizabeth VS, History of India part II for law students,
(Eastern Book Company , Lakhnow, 1993, reprint 2008)
➢ Shrinivasa Murthy HV, History of India part I for law students, (Eastern Book
Company , Lakhnow, reprint 2008)
➢ Nair Janki, Women and Law in Colonial India – A social History, ( Kali for Women ,New
Delhi, 2008)
➢ Keay John, India a History, ( Harper Collins 2004)
➢ Rai Kailash, History of Courts Legislature and Legal Profession in India,
(Allahabad Law Agency, Allahabad, 2004)
➢ Jatar Nilakshi and Paranjape Laxmi, Legal History: Evolution of Indian LegalSystem,
(Eastern Book Company, Lakhnow, 2012)
➢ Jain MP, Outlines of Indian Legal History,( Wadhava and Company, Nagpur, 2004)
➢ Nehru Jawaharlal, The Discovery of India, (OUP, New Delhi,1982)
➢ Farooqui A The Establish men t of British Rule 1757-1813 (Tulika Books
2014)

➢ V.D. Kulshrashtha’s Landmarks in Indian Legal and Constitutional History, Eastern

Book Company , Lakhnow
➢ Husain I Karl Marx on India, (Tulika Books, New Delhi 2008 )

➢ Tomilson BR The Economy of Modern India, (Cambridge University Press 2013)

➢ Pai Sudhish V, Legends in Law, Shrinivasa (Universal Publication, New Delhi, 2013)

➢ Klerman D, Economics of Legal History, (Edward Elgar, Massachusetts, 2015)

➢ Jois Rama M, Legal and Constitutional History of India, (Universal Publication, Delhi,
1984, reprint 2015).

Note: The foregoing list of readings is not exhaustive. Some additional references may be provided
by the faculty concerned from time to time. Further, the students are advised to explore further
reading sources and references on their own.

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

5.0 Teaching Methodology

• Lecture-delivery
• Continuous Interaction
• Problem Solving
• Case Discussions
• Questioning
• Audio-visuals (Documentaries)
• Use of white board
• Quiz

6.0 Evaluation Pattern

Evaluation: Marks

Continuous Evaluation .............................................................................................................. 20

Mid-Term Examination .............................................................................................................. 30
End-Semester Examination ...........................................................................................................50

7.0 Tentative Dates for Continuous Evaluation

▪ Group Discussion: 20 Marks 20-30 October 2022

▪ Research Article: 30 Marks 18 th October 2022

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Semester: I Course: Constitutiona l History of India Faculty: Ms. Dhanya.S

8.0 Important Instructions to Students

▪ The given course outline is tentative. The faculty member may modify it while
preparing the reference material and engaging the classes.

▪ The teaching methodology of the subject will not necessarily be bound by the
parameters shown here.

▪ Both faculty-member and students may mould it according to needs as and when
they arise for better and progressive understanding of the subject in a flexible way.

▪ Active and positive class participation is mandatory. Maintaining the dignity and
decorum of the class is equally mandatory.

▪ Once the class starts, the students are not permitted to enter the class room.

▪ The students are required to come to the class with necessary preparation for better
understanding and participation in the topics discussed in the class.

▪ The students are required to maintain continuity in attending classes. Irregular

attendees may face problems to cope up with the topics covered.

▪ The students must have any of the prescribed readings or the bare act at their
disposal for maintaining correlation with the classroom discussions.

9.0 Contact Hours and Contact Details

Contact Hours
Days Timing
Monday 03:30-05:30 PM
Friday 03:30-05:30 PM

Contact Details
Email id sdhanya@gnlu.ac.in
Contact Number +91-8128355338

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