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LL.B. (Three Years) Constitutional Law I Syllabus - SPPU 2026

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Syllabus for Constitutional Law I

Semester 1 · First Year · 4 credits

Objectives of the Course

This Course is designed to acquaint students with the basic principles of Constitution and Constitutionalism, the reasons and justification of the growth of Fundamental Rights in India as well as the operation of Fundamental Rights, Directive Principles in India. The basic norm of the land will be taught to the students with the help of appropriate judicial decisions.

Module 01: Introduction to the Indian Constitution

1. Constituent Assembly in India and framing of the Constitution:
a) Formation of the Constituent Assembly of India
b) The issues before the Constituent Assembly
c) Passing of the Constitution
d) Dr. Ambedkar’s warning and anxiety about the working of the Constitution
e) Date of Commencement of the Constitution
2. Concepts of Constitutional Law and Constitutionalism
3. Salient features of the Constitution of India
4. Preamble to the Constitution of India

Module 02: Territory of India, Citizenship & General Principles Relating to Fundamental Rights (Articles 12 and 13)

1) Union and its Territory (Articles 1 to 4):
2) Citizenship of India:
1. Constitutional Provisions (Articles 5 to 11):
a) Importance of Citizenship under the Constitution of India
b) Citizens by Domicile
c) Citizens by Migration
d) Citizens by Registration
e) Termination of Citizenship
f) Dual Citizenship
2. The Citizenship Act, 1955:
a) Acquisition of Citizenship
b) Loss of Citizenship
3) General Principles Relating to Fundamental Rights (Articles 12 and 13):
1. Concept of Fundamental Rights – Their Origin and Development
2. State- Other Authorities, Local Authorities, The LPG and Article 12
3. Law – Law and Law in force, Personal Law, Custom.
4. Justifiability of Fundamental Rights -
a) Laws inconsistent with fundamental rights
b) Unconstitutionality of Statute
c) Doctrine of Eclipse
d) Doctrine of Severability
e) Waiver of Fundamental Rights
5. Whether the Constitution Amendment Act is law under Article 13?
6. Power and Procedure of Amendment
7. Basic Structure Doctrine

Module 03: Right to Equality (Article 14 to 18)

1. Equality before law and Equal protection of Law
2. Permission of Reasonable Classification but prohibition of Class legislation
3. Article 14 Strikes at Arbitrariness
4. Prohibition of discrimination against citizens
5. Special provisions for women and children
6. Special provisions for Backward Classes, Impact of Privatization of Education
7. Equality of Opportunity in Matters of Public Employment, Impact of Privatization on Public Employment
8. Reservations in Promotion
9. Abolition of Untouchability
10. Abolition of Titles

Module 04: Right to Freedom I (Article 19)

1. Freedom of Speech and Expression and Reasonable Restrictions
2. Freedom of Assembly and Reasonable Restrictions
3. Freedom to form Association or Union and Reasonable Restrictions
4. Freedom of Movement and Reasonable Restrictions
5. Freedom of Residence and Settlement and Reasonable Restrictions
6. Freedom of Profession, Occupation, Trade and Business and Reasonable Restrictions
7. Right to Property -
a) Pre- 1978 Position - Article 19(f) and 19(5); Eminent Domain; Article 31; Inter- relation of Article 31, Article 14 and Article 19(1)(f)
b) Présent Position - Article 31 A, Article 31 B, Article 31 C, Article 300 A

Module 05: Right to Freedom II (Articles 20 to 22)

1. Protection in Respect of Conviction for offences -
a) Protection against Ex-post Facto Law
b) Guarantee against Double Jeopardy
c) Privilege against Self-Incrimination
2. Protection of Right to Life and Personal Liberty -
a) A. K. Gopalan to Maneka Gandhi
b) Relationship between Articles 14, 19 and 21
c) Due Process of Law
d) Extended view in post Maneka Gandhi period
3. Right to Education - Evolution and Importance
4. Protection against Arrest and Detention -
a) Protection against Arrest
b) Protection against Preventive Detention
c) Laws Authorising Preventive Detention

Module 06: Right against Exploitation (Articles 23 and 24)

1) Right against Exploitation (Articles 23)
a) Traffic in Human Beings
b) Beggar and Similar forms of Forced Labours
c) Compulsory Services for Public Purpose
2) Prohibition of Employment of Children (Articles 24)

Module 07: Right to Freedom of Religion (Articles 25 to 28) and Cultural and Educational Rights (Articles 29 to 30)

1) Right to Freedom of Religion (Articles 25 to 28)
a) Concept of Secularism
b) Freedom of Conscience and right to Profess or Practice and Propagate religion
c) Freedom of Religion of Religious Denomination
d) Freedom from Paying of Taxes for Promotion of any Religion
e) Annual Payment to certain Devasworm Funds (Article 290A)
f) Prohibition of Religious Instructions in Educational Institutions
2) Cultural and Educational Rights
a) Concept of Minority
b) Protection of Interest of Minorities
c) Right of a Minority to Establish Educational Institution
d) Regulation of Minority Educational Institution

Module 08: Right to Constitutional Remedies

a) Enforcement of Fundamental Rights
b) Procedure in Enforcement of Fundamental Rights
c) Power to issue Writs, Directions or Orders – Types of Writs
d) Comparison between Article 32 and Article 226
e) Public Interest Litigation
f) Fundamental Rights during Emergency

Module 09: Directive Principles of State Policy (Articles 36 to 51) and Fundamental Duties (Article 51A)

1. Nature and Importance of Directive Principles
2. Inter-relationship between Fundamental Rights and Directive Principles.
3. Directive Principles of State Policy
4. Fundamental Duties – Nature and Importance

Recommended Readings

1. M. P. Jain, Indian Constitutional Law, LexisNexis (2015).
2. D.D. Basu, Constitutional Law of India, LexisNexis (2013).
3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency (2015).
4. H. M. Seervai, Constitutional Law of India, N.M. Tripathi.
5. Arvind Datar, Commentary on Constitution of India (3 Vols), LexisNexis (2010).
6. Sathya Narayan (Ed), Selected Work of S.P. Sathe (3 Vols), Oxford University Press (2015).
7. M.P. Singh, V.N. Shukla’s Constitution of India, Eastern Book Company, (2013).
8. Sujit Chaudhry, Madhav Khosala and Pratap Bhanu Mehta, The Oxford Handbook of the Indian Constitution, Oxford University Press.
9. Granville Austin, Working of a Democratic Constitution- The Indian Experience, Oxford University Press.
10. Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts, Harper Collins Publication, India. 2019.
11. Dr. Suresh Mane, Indian Constitutional Law, Dynamics and Challenges, Aarti & Co.
12. Madhav Khosala, The Indian Constitution (Oxford India Short Introductions), Oxford University Press, 2012.
13. Sudhir Krishnaswamy, Democracy and Constitutionalism in India – A Study of the Basic Structure Doctrine, Oxford University Press.
14. S.B. Shiva Rao, The Framing of the Indian Constitution, Vols. I and V, the Indian Institute of Public Administration, New Delhi (1966).
15. H.R. Khanna, Making of India’s Constitution, Eastern Book Co., Lucknow.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

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