LCS202 | Constitutional Law II

The Constitutional Law II course builds upon the previous Constitutional Law I course, with a focus on Parts II, III, IV and IVA of the Constitution. The course will examine how the Constitution’s founding moments reflect the importance of the Constitution as a political and legal document, and which sought to balance the incorporation of fundamental rights, and the challenges of governance in a deeply diverse, plural and newly independent country. The subsequent political and social imperatives that unfolded over the past 75 years and the manner in which constitutional amendments and interpretation reflected these shifts, will also be examined.

The course begins by examining why entrenchment of rights is seen as a necessary component of a modern Constitution, and then will examine who are conferred such rights, who the duty bearers are, whether such rights are absolute or may be amended or overridden or waived. Next, we study specific fundamental rights in particular the right to equality, if these imply a right to reservation or special provisions, and how the ideas of equality and justice intersect in the Constitution. We then focus on various freedoms, in particular the freedom of speech and expression, the freedom of association and the freedom to carry on any occupation, trade or business. and the manner in which these have been amended and interpreted over the years. We analyse the relationship of these freedoms under Article 19 with personal liberty under Article 21 and freedom of religion under Article 25 and 26. The right against exploitation, the rights of minorities as well as rights to language, script and culture, will also be reviewed. The course will go on to look at the manner in which these fundamental rights can be enforced, particularly in the context of Part IV of the Constitution. The course will then focus on the importance of Citizenship for the enjoyment of, or the right to have rights. Constitutional amendments, their limits and scope, form the final section of the course.

The course will involve close reading of leading cases as well as academic writing that analyse the legal and constitutional responses of courts, legislatures and the executive.