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ppts on the intro of constitutional law
Typology: Schemes and Mind Maps
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Concept, Relevance, Constitutionalism,
Sources of Constitution
Evolution of Constitutional scheme in India:
Focus on developments from 1935 to 1950,
Aims/Objectives and Salient features of the
Indian Constitution; Principles of Federalism;
Nature of the Indian Constitution- Federal,
Quasi-federal or Unitary; Co-operative
Federalism.
Principle of separation of powers,
Rule of law.
Module I: Introduction to Constitution
Module II: Distribution of Powers between Centre and States
Distribution of powers between Centre and States (Art. 245-255,
Schedule VII)
Legislative Powers, Administrative Powers, Financial Powers,
Doctrines of Territorial nexus; Principles of Interpretation of lists-
Harmonious construction, Pith and substance, plenary power,
Ancillary power and colorable exercise of power; Residuary
Power, Doctrine of Repugnancy
Overview of Panchayati Raj Provisions
Freedom of Trade and Commerce.
Module IV: Union and State Judiciary
Union Judiciary: Supreme Court Judges: Appointment, removal,
impeachment; jurisdiction of Supreme Court: Original, appellate,
advisory, Court of Record; Assessment of independence of judiciary;
State judiciary: High Court Judges: Appointment, transfer, removal,
promotion; High Court jurisdiction, Art. 226, writs; Subordinate
judiciary: (Arts. 124 -147) (Arts. 214 to 237).
Meaning
A Constitution is a set of fundamental legal-political rules that:
(1) are binding on everyone in the state, including ordinary lawmaking
institutions;
(2) concern the structure and operation of the institutions of government,
political principles and the rights of citizens;
(3) are based on widespread public legitimacy;
(4) are harder to change than ordinary laws (e.g. a two-thirds majority vote
or a referendum is needed);
(5) as a minimum, meet the internationally recognized criteria for a
democratic system in terms of representation and human rights
Any broadly accepted working definition of a constitution would include the following
characteristics:
The Functions of a Constitution
community. These boundaries can be territorial (the geographical borders
of a state, as well as its claims to any other territory or extra-territorial
rights) and personal (the definition of citizenship). Thus, a constitution
often distinguishes between those inside and outside the polity.
political community.
They often declare the State’s fundamental principles and assumptions, as
well as where its sovereignty lies. For
example, the French Constitution declares that ‘France is an indivisible,
secular, democratic and social Republic’ and that ‘National sovereignty
belongs to the people, who exercise it through their representatives and
by means of referendums’. The Constitution of Ghana (1992) states that
‘The Sovereignty of Ghana resides in the people of Ghana in whose name
and for whose welfare the powers of government are to be exercised’.
Constitution as legal instrument
A Constitution ‘marries power with justice’ (Lutz 2006: 17)
—it makes the operation of power procedurally predictable,
upholds the rule of law, and places limits on the
arbitrariness of power. It is the supreme law of the land, and
it provides the standards that ordinary statutes have to
comply with.
Constitutions as political instruments
The Constitution prescribes a country’s decision-making institutions:
constitutions ‘identify the supreme power’, ‘distribute power in a
way that leads to effective decision making’ and ‘provide a
framework for continuing political struggle’ (Lutz 2006: 17).
The Political provisions show how state institutions (parliament,
executive, courts, head of state, local authorities, independent
bodies, etc.) are constituted, what powers they have and how they
relate to one another.
Constitutionalism
The concept of constitutionalism has been recognised by the Supreme
Court in Rameshwar Prasad v. Union of India.
The Court stated, “The constitutionalism or constitutional system of
Government abhors absolutism – it is premised on the Rule of Law in
which subjective satisfaction is substituted by objectivity provided by
the provisions of the Constitution itself.”
In IR Coehlo v. State of Tamil Nadu, the Court held that
Constitutionalism is a legal principle that requires control over the
exercise of governmental power to ensure that the democratic principles
on which the government is formed shall not be destroyed.
Chandrachud, CJ, in Minerva Mills case observed, – “The Constitution
is a precious heritage and, therefore, you cannot destroy its identity”.
