Indian Constitutional Law New Challenges

Chanakya National Law University, Patna
LL.M. 2022-23; SEMESTER- I
Course Title: Indian Constitutional Law: The New Challenges
Course Overview
The Constitution of India constitutes the ‘fundamental law’ of the land expression of
which has several significant implications. It is under this fundamental law that all laws
are made and executed, all governmental authorities act and the validity of their
functioning adjudged. No legislature can make a law and no governmental agency can
act contrary to the Constitution. No act, be it executive or legislative or judicial or quasi-
judicial or any administrative agency, can stand if contrary to the Constitution. The
Constitution thus conditions the whole governmental process in India. The Judiciary is
obligated to see that the provisions of the Constitution are not violated by any
governmental organ. This function of the Judiciary entitles it to be called as the
‘Guardian’ of the Constitution and it can declare an Act of the legislature or an
administrative action contrary to the Constitution, ultra vires. Thus, the very study of
the Indian Constitutional Law implies several challenges. One of the salient features of
the Constitution of India is that it is not static or rigid, but flexible; and flexibility gives
rise to change or amendments; change being the principle of development. In its
development, it faces new challenges at every phase it passes; and it is more when it
comes across the establishment of a ‘modern information technology State’. This course
outlines some of the important contemporary challenges leading the scholars through a
pool of questions seeking answers.
Module 1. Definition and development of the concept of ‘State’ and its

contemporary role.
Module 2. Definition of ‘law’: A revisit of the philosophical schools of law
Module 3. Right to Equality and status of Affirmative Action
Module 4. Distribution of Powers in the Indian Federal Structure and its challenges
-Law making Powers
-Taxing Provisions and GST Act
-Sharing of resources among the Center and the States
Module 5. Freedom of Speech and Expression, Freedom of Press in the Scientific
Era.
Module 6. Emerging Trends of Rights and Remedies
Module 7. Understanding of Secularism and its challenges
Module 8. Separation of Power: A Misnomer in India?
Module 9. The Doctrine of Invisible Rights under Indian Constitution
Learning Outcomes
The course aims to discuss and inculcate the scholars with the extensive knowledge of the
provisions of the Constitution of India. The course chalks out various challenges that are faced
by the Constitution of India particularly it takes into consideration the contemporary issues.
On completion of the course, the scholars will be able to identify the New Challenges to the
Constitution of India. They will also would have developed the skill of identification of
challenges and proposing viable solutions to them.
List of Topics/ Modules
Topic/ Module Contents/ Concepts Sessions / Lectures

Module 1. Definition and As in the Module I 1-7
development of the
concept of ‘State’ and its
contemporary role.
Module 2. Definition of As in the Module II 8-16
‘law’: A revisit of the
philosophical schools of
law
Module 3. Right to As in the Module III 17-24
Equality and status of
Affirmative Action
Module 4. Distribution of As in the Module IV 25-32
Powers in the Indian
Federal Structure and its
challenges
Module 5. Freedom of As in the Module V 33-39
Speech and Expression,
Freedom of Press in the
Scientific Era.
Module 6. Emerging As in the Module VI 40-45
Trends of Rights and
Remedies
Module 7. Understanding As in the Module VII 46-50
of Secularism and its
challenges
Module 8. Separation of 51-55
Power: A Misnomer in As in the Module VIII
India?
Module 9. TheDoctrine of As in the Module IX 56-60
Invisible Rights under
Indian Constitution
Evaluation Criteria
Description Weightage
Components
in %
Attendance Minimum 75 % of attendance is compulsory for appearing in the 5%
End Semester Examinations.
Project Report The submission has to be done on time. 0.25 marks each will be 20%
deducted for the subsequent delay.
Presentation As per the schedule announced by the Examination Section 5%
End-Semester As per the schedule announced by the Examination Section 70%
Examination
Recommended/Reference Text Books and Resources:
1. V.N.Shukla, Constitution of India, Eastern Book Company.
2. H.M.Seervai, Constitutional Law of India, Universal Law Publishing Company
3. M.P. Jain, Indian Constitutional Law, Wadhwa and Company
4. G. P. Tripathi, Constitutional Law – New Challenges, Central Law Publications

Instructor Details
Name of the Instructor: Dr. Fr. Peter Ladis F

Email: frpeterladis@cnlu.ac.in

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Chanakya National Law University, Patna

LL.M. 2022-23; SEMESTER- I

Course Title: Indian Constitutional Law: The New Challenges

Module 1. Definition and development of the concept of ‘State’ and its

Module 2. Definition of ‘law’: A revisit of the philosophical schools of law

Module 3. Right to Equality and status of Affirmative Action

Module 6. Emerging Trends of Rights and Remedies

Module 7. Understanding of Secularism and its challenges

Module 8. Separation of Power: A Misnomer in India?

Module 9. The Doctrine of Invisible Rights under Indian Constitution

List of Topics/ Modules

Topic/ Module Contents/ Concepts Sessions / Lectures

Recommended/Reference Text Books and Resources:

1. V.N.Shukla, Constitution of India, Eastern Book Company.

2. H.M.Seervai, Constitutional Law of India, Universal Law Publishing Company

3. M.P. Jain, Indian Constitutional Law, Wadhwa and Company

4. G. P. Tripathi, Constitutional Law – New Challenges, Central Law Publications

Name of the Instructor: Dr. Fr. Peter Ladis F

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