Course Information
- 2022-23
- 5-Year B.A., LL.B. (Hons.)
- II
- Jul 2022
- Core Course
Constitutional Law II is a foundational course aimed at introducing undergraduate law students to the theory, doctrine, and practice of constitutional law in India. Focusing on fundamental rights, directive principles of state policy, and the federal distribution of powers under the Constitution, the course provides a critical look at the development of constitutional law, and the bearing that these developments have on some of the biggest political questions of our times. Recognizing that constitutional developments are not inevitable but contingent and context driven, the course seeks to understand what constitutional choices were available to constitutional decision-makers, what choices were made and why, which choices were discarded (and why), with what effect, and how these choices impacted the distribution of power: who benefits, who is empowered, who is disempowered, by the particular formulation of constitutional text and doctrine. Through this exploration, students will come to understand that the constitution of deeply divided societies like India is always a ‘work in progress’ and its dynamism is its main driving force. The Constitution is also incomplete in another sense: instead of going for permanent solutions on all issues, the framers either left few issues in transition or kept them in abeyance to be tackled by posterity. Carrying forward the task of filling these gaps in the constitution requires lawmakers, judges, lawyers, and citizens alike to understand the founding principles and bases for our constitutional design. This is the central aim of the course.