BCS202 | Constitutional Law II

Constitutional Law II will introduce law students to the theory, doctrine, and practice of the Constitution of India. Focusing on Parts II, III, and IV of the Constitution, the course will provide a critical engagement with 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, the course seeks to understand what constitutional choices were available to constitutional decision-makers, what choices were eventually made and why, which choices were discarded (and why), with what effect, and how these choices impacted the distribution of power. We will also seek to examine who benefits, who is empowered, who is disempowered, by the particular formulations 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 deferred decisions on some issues. 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.