Advanced Constitutional Law

By Dr. Anupama Goel | National Law University Delhi

Learners enrolled: 2443

This course will explore the ways in which courts, governments and individuals shape Indian constitutional law. It will include an overview of the different schools of theoretical thought regarding constitutional interpretation, but also around principles such as popular sovereignty, federalism, the separation of powers, the rule of law, and the role of the common law. The course will give students an opportunity to explore current constitutional questions as well as historically important constitutional disputes. Students will gain an understanding of the trajectory of, and trends in, constitutional law. The study of these topics will allow students to deepen and broaden their understanding of the principles of constitutional law learnt in the compulsory course, Advanced Constitutional Law. Students will gain an understanding of the practice of key actors in constitutional matters, including the High Court, state and federal executives and legislatures, indigenous people and other individuals.

The course is a full credit course for universities. Generally, law universities offer this course as a 4-credit full course which is taught over one semester. The course is certification ready and looking into its importance for persons associated and interested in the Constitution of India, it will be able to meet the needs of lifelong learners. Professionals who may not be enrolled for a regular degree or who only wish to understand constitutional law, their need will be served by the course. The course has proctored examination at the end of the semester and gives credits to students.

Course Outcomes: On successful completion of this course, students will be able to:

1. Analyse the principles of Indian constitutional law, undertake self-directed legal research at an advanced level, and evaluate complex legal information.

2. Critique the operation of constitution of India from a theoretical and policy perspective.

3. Structure sustained and concise written and oral arguments for a legal audience.

4. Analyse the operation of the Constitution of India from a policy perspective, and in the context of social and cultural diversity.

5. Communicate effectively individually and as part of a team. Work in collaboration with others to prepare written documents. Engage with team members in an ethical and professional manner.

6. Apply legal and theoretical concepts to specific situations.

Summary

Course Status :	Completed
Course Type :	Elective
Language for course content :	English
Duration :	15 weeks
Category :	Law
Credit Points :	4
Level :	Postgraduate
Start Date :	13 Jan 2020
End Date :	25 Apr 2020
Enrollment Ends :	08 Mar 2020
Exam Date :	09 May 2020 IST

Note: This exam date is subject to change based on seat availability. You can check final exam date on your hall ticket.

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Course layout

ADVANCED CONSTITUTIONAL LAW-I

FUNDAMENTALS & STRUCTURES OF INDIAN GOVERNMENT

WEEK-I

1. Constitutional History- Making of Indian Constitution

2. Democratic and Republican nature of Government

WEEK-II

3. Preamble, Constitutional Interpretation and Constitutionalism

4. Separation of Powers

5. Judicial Review

WEEK-III

6. Union and its Territory

7. Citizenship

8. Meaning and Concept of ‘State’

WEEK-IV

9. Parliament and State Legislatures

10. Parliamentary Practices and Procedures

11. Anti-Defection Law and Schedule X

12. Parliamentary Privileges

WEEK-V

13. Legislative Relations between Union and States

14. Administrative and Financial Relations between Union and States

WEEK-VI

15. ‘Executive’ and Protection to Civil Servants

16. Public Service Commissions and Tribunals

WEEK-VII

17. ‘Judiciary’ under the Indian Constitution (Powers, Jurisdiction and Procedure)

18. Judicial Independence

WEEK-VIII

Revision and Assessment

WEEK-IX

19. Judicial Appointments and Accountability-I

20. Judicial Appointments and Accountability-II- NJAC Judgment and Way Forward

WEEK-X

21. Panchayats, Municipalities and Co-Operative Societies

22. Elections in India

WEEK-XI

23. Emergency Provisions

24. Amendment of the Constitution and Doctrine of Basic Structure

WEEK-XII

25. Scheduled and Tribal Areas

26. Granting Special Status (J & K) and Special Provisions to States

WEEK-XIII

27. Official Language

28. Inter-State Trade and Commerce

WEEK-XIV

29. Special Provisions relating to Union Territories

30. National Capital Territory of Delhi

WEEK-XV

Revision, Assessment and Evaluation

Books and references

1. Collin Howard, Australian Federal Constitutional Law, 3rd Editon, Law Book Publishing Co., 1985

2. D.D. Basu, The Shorter Constitution of India (Wadwa & Company Nagpur 2006).

3. Durga Das Basu, Indian Constitutional Law, 3rd edition, Kamala Law House, 2011

4. J.N. Pandey, Constitutional Law of India, Central Law Edition, 52nd Edition, 2015

5. V.N. Shukla, Constitution of India, Eastern Book Company, 10th Edition, 2006

6. “Supreme Court Unhappy Over Centre’s Delay in Appointment of Judges,” The Wire, August 12, 2016, < http://thewire.in/58673/sc-unhappy-over-delay-in-judges-apptmnt-by-centre/>

7. Krishnadas Rajagopal, “Justice Chelameswar opts out of collegiums,” The Hindu, September 2, 2016, available at <http://www.thehindu.com/news/national/justice-chelameswar-opts-out-of-collegium/article9066616.ece>

Instructor bio

Dr. Anupama Goel

National Law University Delhi

Prof. (Dr.) Anupama Goel, Professor (Law) National Law University Delhi. Dr. Anupama Goel is currently a faculty in National Law University Delhi where she has been teaching Constitutional law, International Law, Judicial Process and Interpretation of Statutes. She has specialized in Constitutional Law, Public International Law, Human Rights, Judicial Process, Interpretation of Statutes, Consumer and Tort Law. She has research experience of twenty-one years. She has done her PhD from Panjab University on the topic Social Justice and its Implementation with Special Reference to the State of Punjab. She is the Founder Research Director in Centre for Comparative Studies in Personal Laws at National Law University, Delhi. She has coordinated and got MoU signed with India International Institute for Democracy and Election Management (IIIDEM) established by Election Commission of India (ECI), Nirvachan Sadan, New Delhi with NLU, Delhi and she is also taking up research activities and projects from IIIDEM/ECI. She is presently a member of Centre for Post Graduate Legal Studies at National Law University, Delhi and Medical Council of India-Ethics Committee. She has taught various subjects at graduate, Post-graduate and Doctorate levels and has supervised many dissertations of masters and Doctoral students.