BBA LLB (Hons) (BATCH 2017)

CONSTITUTIONAL LAW-1

Faculty @ Aafreen Year/ Term 2/3

Collaco/Madhav
Mallya

Course Name Constitutional Law-I No. of Credits 4

Course Code LLLB202L Session duration 55 Minutes

No of Contact Hours 56 Pre-requisite: -

BRIEF DESCRIPTION

Constitutional Law is the supreme and the fundamental law of the land. The Constitution of
India lays down the fundamental political principles which help in governance. The citizens
are guaranteed with Fundamental Rights and it is the duty of the State to create conditions
which help in the actualization of these fundamental rights. Constitutional Law-I aims to
introduce the nuances and the integrities of the India Constitution. The Indian Constitution is
not just a legal document, but a sacrosanct document working towards achieving socio,
economic and political justice. Hence, it is important for any law student to study and
appreciate the Indian Magna Carta.

COURSE OBJECTIVE

CO1 Introduction to the historical background of the Indian Constitution and the salient
features of the constitution.

CO2 Familiarize students with the nature of Constitution and help one critically analyse the
problems of Constitutional Law by way of short essays and articles on various issues
discussed in class.

CO3Reflecting on the fundamental rights and duties as laid down under the Indian
Constitution and critically analysing the judicial pronouncements interpreting the law on the
same.

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CO4Critically evaluating the fundamental issues and concerns in the field of Constitutional
Law.

CO5 Critically analysing important legal provisions and doctrines associated with the Indian
Constitution.

CO6Analysing newly emerging jurisprudence on issues in Constitutional Law.

CO7 Applying the fundamental concepts to solve problems concerning issues in

Constitutional Law and communicating the solutions clearly and coherently.

PEDAGOGY

Lectures and seminars, Classroom Discussions (classroom participation), Case Law Method,
Group Work(debates); Project Work (Case comments)

EVALUATION COMPONENTS

Components of Course Evaluation % distribution

Mid Term Examination 25%
End term Examination 50%
Internal Assessment
 10 marks for writing a 5 page analytical case
comment
 10 marks for presenting one’s views in a form of a
debate on any assigned topic related to constitutional 25%
law
 5 marks for class participation which will depend on
the students reading and preparation for the class
throughout the semester.
Total 100%
Note: Pass marks 50% of the final Grade

READINGS

The Constitution of India, 1950

Note: The students are required to study the Constitution of India as amended up-to-date and
consult the latest editions of books and updated case-law. Students are expected to carry a
copy of the bare text of the Constitution of India to class every day.

TEXT BOOK

Main textbook:M P Singh, VN Shukla’s Constitution of India (Eastern Book Company,

Lucknow, Thirteenth Edition, 2017)

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Reference Books:

1. H.M. Seervai, Constitutional Law of India , 4th Edition,2017 (Volumes 1, 2, and 3),
Universal Law Publishing. (A few volumes/copies already in library)
2. M. P Jain, Indian Constitutional Law, Eighth Edition (Lexis Nexis)
3. The Oxford handbook of the Indian Constitution , Eds, Sujit Choudhury, Madhav
Khosla, Pratap Bhanu Mehta, 2016, Oxford University Press (One copy available in
library)
4. Working a democratic Constitution- A history of the Indian Experience , Granville
Austin , Oxford University Press, Ninth Impression 2017, Oxford India Paperbacks.
(One copy available in the library)
5. The Indian Constitution, Cornerstone of a Nation, Granville Austin , 29th Impression
2017, Oxford India Paperbacks. (One copy available in the library)
6. Constitutions of the World, M. V. Pylee, 4th Edition, 2 Volumes, 2012, Universal
Law Publishing Company. (One copy available in the library)
7. Introduction to the Constitution of India, DD Basu, 22nd Edition, 2015, Lexis Nexis.
(A few copies available in the library).
8. Commentary on the Constitution of India , Durga Das Basu, 9th Edition 2014, Lexis
Nexis (A few copies available in the library).

Supplementary Readings

1. India, Government, ed. Constituent Assembly Debates: Official Report New Delhi:
The Assembly; Lok Sabha Secretariat, 1950.
2. Selected scholarly articles to be emailed to students in advance of classes which are to
be read. Please refer below.

COURSE PLAN:

Sr. No Topics Lecture/Sessions Instructor

1. General Introduction to the 4 Aafreen

Constitution of India; Historical Collaco/Madhav
perspective, Salient Features, Mallya
Federalism, Comparative
Constitutionalism, Constitutional
Assembly Debates, Preamble
2. Citizenship 2 Madhav Mallya
3. Concept of State, Instrumentality of 8 Madhav Mallya
State, Constitutional Limitations (Article
12)/Aafreen
Collaco (Article
13)
4. Fundamental Rights- 14 Aafreen Collaco
 Right to Equality, Prohibition

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 of discrimination, Right to
Equality of Opportunity
 Right to Freedom
5. Fundamental Rights 14 Madhav Mallya
 Protection in respect of
conviction
 Right to Life and Personal
Liberty, Protection in respect
of arrest and detention
 Right against exploitation,
Right to Freedom of Religion
 Cultural and educational
rights

6. Right to Constitutional Remedies 8 Aafreen Collaco/

 Writ Jurisdiction- Judicial Madhav Mallya
Review
 Basic Structure Doctrine
 Social Action
Litigation/Public Interest
Litigation
7. Directive Principles of State Policy 1 Aafreen Collaco
8. Fundamental Duties 1 Aafreen Collaco
Special Instructions
- In case of indiscipline, the decision of the instructor will be final.
- Class representative will be the key contact point between the instructor
and class.
-Use of laptops and cell phones prohibited
-Readings before class is compulsory.
-Office hours- Every Friday – 3: 30 PM to 4 :30 PM.

DETAILED SYLLABUS

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Note: The topics, cases and the readings listed in the course manual are only indicative in
nature. With prior intimation, the course coordinator may alter it.

1. General Introduction to the Constitution of India

The general introduction to the Constitution of India will deal with a background on
constitutional history. The focus will be on the historical perspective and the
evolution of the Indian constitution. This will lay a foundation to the Constitution of
India, 1950. This module will also emphasize on the salient features of the Indian
Constitution with a special focus on the concept of Federalism. A brief discussion on
the Constitutional Assembly Debates and comparative constitutionalism will help
students familiarize with the structure of the Indian Constitution.

Essential Readings:-

1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company,

Lucknow, Thirteenth Edition, 2017), pg. A1-A63.
2. Granville Austin, The Indian Constitution: Cornerstone of a Nation, Chapter I-
The Constituent Assembly- Microcosm in Action, pg. 1-31.
3. The Oxford handbook of the Indian Constitution, Uday S Mehta, Indian
Constitutionalism: Crisis, Unity, and History, pg 38
4. The Oxford handbook of the Indian Constitution ,M P Singh, The Federal
Scheme, pg 451.

Cases:-
1. Kesavanada Bharti v. State of Kerala [AIR 1973 SC 1461]
2. S.R. Bommai v. Union of India [ AIR 1994 SC 1918]
3. State of West Bengal v. Union of India [AIR 1963 SC 1241]

2. Citizenship (Part II of the Constitution of India, Articles 5 to 11)

The Constitution of India came into force shortly after partition. The mass exodus of
people from India to the new formed East and West Pakistan and vice versa raised
several questions of nationality, citizenship and identity. As such, the question of
Indian citizenship assumed importance and therefore formed an important part of the
Constitution. Additionally, in the light of partition and an increased diaspora, there
arose the question of dual citizenship. Dealing with issues of illegal immigration and
the citizenship of children born to illegal immigrants have also assumed a
constitutional aspect. This module will discuss various aspects of Indian citizenship,
giving context to the framing of the constitutional provisions on citizenship.

Essential Readings:

1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company,

Lucknow, Thirteenth Edition, 2017) .[ Part II, Pages 14-23].
2. Niraja Gopal Jayal, “Citizenship” in Sujit Choudhry, Madhav Khosla and Pratap
Bhanu Mehta, eds, The Oxford Handbook of the Indian Constitution” (Oxford
University Press, New Delhi) 163 at 179.
Cases:

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 1. Mohd. Reza Debstani v State of Bombay, AIR 1966 SC 1436
2. Louis De Raedt v Union of India, (1991) 3 SCC 554
3. State of UP v. Rehmatullah, (1971) 2 SCC 113
4. Kulathil Mammu v State of Kerala, AIR 1966 SC 1614
5. State of Bihar v. Kumar Amar Singh, AIR 1955 SC 282
6. Ebrahim Vazi Mavat v. State of Bombay, AIR 1954 SC 229
7. Akbar Khan v Union of India, AIR 1962 SC 70
8. State of Gujarat v Yakub Ibrahim, AIR 1974 SC 645
9. Bhagwati Prasad Dixit v. Rajeev Gandhi, AIR 1986 SC 1534
10. Sarbanda Sonowal v Union of India, (2005) 5 SCC 2920
11. Chakma Cases and Situation(On going)

3. Concept of State, Instrumentality of State, Constitutional Limitations

Article 12

Article 12 of the Constitution of India defines the concept of State. This includes
the central and state governments as well as the parliament, state legislatures and
local authorities. Since the inception of the Constitution, the question of whether
semi-public or private bodies which perform public functions could also fall under
the ambit of Article 12 has repeatedly come up.

Fundamentally, why does the study of Article 12 assume so much importance? As

the gateway into Part III of the Constitution (Fundamental Rights), Article 12
defines the limits of enforcement of fundamental rights. The test to check whether
an authority falls under the ambit of “State” is examining the extent of state
control or what is called “Vertical Effect”. However, with increased private
collaboration and participation in the public sphere such as education and
healthcare, the question of whether Article 12 would apply to private players is
relevant in present cultural and socio-economic contexts (“Horizontal Effect”).
This makes the study of Article 12 all the more relevant.

Essential Readings:
1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company,
Lucknow, Thirteenth Edition, 2017) .[ Part III, Pages 25-37].
2. Ananth Padmanabhan, “Rights-breadth, scope and applicability” in Sujit
Choudhry, Madhav Khosla and Pratap Bhanu Mehta, eds, The Oxford
Handbook of the Indian Constitution” (Oxford University Press, New Delhi)
581 at 599.

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 3. Stephen Gardbaum, “Horizontal Effect” in Sujit Choudhry, Madhav Khosla
and Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian
Constitution” (Oxford University Press, New Delhi) 600 at 613.
Cases
1. P.D Shamdasani v Central Bank of India Ltd, AIR 1952 SC 59
2. Rashid Ahmed v. Municipal Board, Kairana, AIR 1950 SC 163
3. Electricity Board, Rajasthan SEB v Mohan Lal, AIR 1967 SC 1857
4. Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975) 1
SCC 421
5. Ramana Dayaram Shetty v. International Airport Authority of India
(1979) 3 SCC 489
6. Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722
7. Som Prakash Rekhi v Union of India (1981) 1 SCC 449
8. Pradeep Kumar Biswas v Indian Institute of Chemical Biology (2002)
5 SCC 111.
9. Zee Telefilms Ltd. V. Union of India (2005) 4 SCC 649
10. BCCI v. Cricket Assn. of Bihar, (2015) 3 SCC 251
11. S. Subramanian Balaji v. State of T.N. , (2013) 9 SCC 659
12. A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602
13. Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388
14. Dr. Janet Jeyapaul v SRM University
15. Rani Bhatia v. St. Stephens Hospital

Justiciability of Fundamental Rights (Article 13)

This module will focus on the meaning and definition of the terms “Law” and “Laws in
force” for the purpose of the provisions of Part III of the Constitution. An emphasis on
the Constitutional limits and principles such as the Doctrine of Eclipse, Doctrine of
Severability and Doctrine of Wavier will be imperative.

Essential Readings-
1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company, Lucknow,
Thirteenth Edition, 2017), pg 38-47.

Cases:-
1. Keshavan Madhava Menon’s case [AIR 1951 SC 128]
2. Deep Chand v. State of U.P. and Others [AIR 1959 SC 648]
3. State of Gujarat v. Ambika Mills Ltd., [AIR 1974 SC 1300]
4. Bhikaji Narain Dhakras v. State of M.P. [AIR 1955 SC 781]

5. Basheshar Nath v. Income Tax Commissioner [AIR 1959 SC 149]

6. State of Bombay v. F.N. Balsara [AIR 1951 SC 318]
7. RMDC v. Union of India [AIR 1957 SC 628]

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4. Fundamental Rights-Right to Equality, Prohibition of discrimination, Right to
Equality of Opportunity, Right to Freedom

This module will introduce fundamental rights as guaranteed under the Indian
constitution.
The Right to Equality is enshrined in Article 14 of the Indian Constitution. Various
aspects such as the concept of reasonable classification; rational nexus between
classification and the object to be achieved and new concept of equality will also be
discussed. Article 14 embodies the general idea of equality. Further Art 15,16 and 17
lays down specific application of the general rule laid down under Article 14.

Article 19 enshrines six fundamental rights to the citizens of India. However, these
rights are not absolute rights and are subject to certain limitations. Through this
module the students will be familiarized with the right to freedom of speech and
expression, right of assembly, right of association, right of movement, right to
residence and right of trade and occupation.With the latest judgment on right to
privacy and the much awaited Aadhaar judgment, the study of Article 19 becomes
even more important.

Essential Readings:-
1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company, Lucknow,
Thirteenth Edition, 2017), pg 48-126.( for Article 14-18)
2. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company, Lucknow,
Thirteenth Edition, 2017), pg 128-191.( for Article 19)
3. Granville Austin, The Indian Constitution: Cornerstone of a Nation, Chapter III-
The Conscience of the Constitution- The Fundamental Rights and Directive
Principles of State Policy-I, pg 63-95.
4. Ashish Chugh, “Fundamental Rights: Vertical or Horizontal?” (2005) 7 SCC 9,
available at http://www.ebcindia.com/lawyer/articles/2005_7_9.htm
5. Mark Tushnet, “The Issue of State Action/Horizontal Effect in Comparative
Constitutional Law”, 1.CON 79 (2003).
6. Zia Mody, ‘No, I Am More Backward Than You Are!: The Discourse on
Reservations: Indra Sawhey v. Union of India (1992), 10 judgements that changed
India, pg 115.
7. Parmanand Singh, ‘Equal Opportunity’ and ‘Compensatory Discrimination’:
Constitutional Policy and Judicial Control, (1976) 18:2 JILI 300. available at
http://14.139.60.114:8080/jspui/bitstream/123456789/16457/1/019_Equal
%20Opportunity%20and%20Compensatory%20Discrimination%20-
%20Constitutional%20Policy%20and%20Judicial%20Contro.pdf
8. Lawrence Liang “Free Speech and Expression” in Sujit Choudhry, Madhav
Khosla and Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian
Constitution” (Oxford University Press, New Delhi) 814.

Cases:-
Article 14

1. Chiranjit Lal Chaudhary v. Union of India [AIR 1951 SC 41]

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2. State of West Bengal v. Anwar Ali Sarkar [ AIR 1952 SC 75]

3. Kathi Raning Rawat v. Saurashtra [AIR 1952 SC 123]

4. Northern India Caterers v. Punjab [AIR 1967 SC 1591]

5. Ramana Dayaram Shetty v. The International Airport Authority of India[AIR 1979

SC 1628]

6. State of Bombay v. F.N. Balsara [AIR 1951 SC 318]

7. E.P. Royappa v. State of T.N. [AIR 1974 SC 555]

8. Maneka Gandhi v. UOI [(1978) 1 SCC 248]

9. Pradeep Jain and Others v. Union of India, (1984) 3 SCC 654

Article 15

1. Nain Sukh Das v. State of UP [AIR 1953 SC 384]

2. D.P. Joshi v. State of M.B. [AIR 1955 SC 334]

3. State of Bombay v. Bombay Education Society [AIR 1954 SC 561]

4. Danial Latifi v. Union of India (2001) 7 SCC 740.

5. Triloki Nath v. State of J&K [AIR 1969 SC 1]

6. State of U.P. v Pradip Tandon [(1975) 1 SCC 267]

7. State of Kerala v. N.M. Thomas [(1976) 2 SCC 310]

8. Indra Sawhney v. Union of India (the Mandal Commission case [1992 Supp (3)
SCC 217]
9. Akhil Bhartiya Soshit Karamchari Singh(Rly.) v. Union of India[(1981) 1 SCC
246]
10. Preeti Srivastava(Dr.) v. State of M.P.[ (1999) 7 SCC 120]
11. Jagdish Saran v. Union of India [(1980) 2 SCC 768]
12. P.A. Inamdar v. State of Maharashtra [AIR 2005 SC 3226]

Article 16

1. State of Kerala v. N.M. Thomas [AIR 1976 SC 490]

2. Gazula Dasaratha Rama Rao v. State of A.P. [AIR 1961 SC 564]

3. A.V.S. Narashima Rao v. State of A.P. [(1969) 1 SCC 839]

4. Ashok Kumar Gupta v. State of U.P. [(1997) 5 SCC 201]

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 5. M. Nagaraj v Union of India [AIR 2007 SC71]

6. Indra Sawhney v. Union of India (Mandal Case) [AIR 1993 SC 477]

7. Indra Sawhney II v. Union of India [ AIR 2000 SC 498]

8. Ashok Kumar Thakur v. UOI. [(2008) 6 SCC 1]

Article 17-18

1. State of Karnataka v. Appa Balu Ingale [AIR 1993 SC 1126]

2. Balaji Raghavan v. UOI [AIR 1996 SC 770]

Article 19

1. Freedom of Speech and Expression and the Press/Print.

a. Romesh Thappar v. Sate of Madras [AIR 1950 SC 124]
b. Bennett Coleman & Co. V. Union of India [AIR 1973 SC 106]
Sakal Paper v. Union of India [AIR 1962 SC 305]
c. K.A. Abbas v. Union of India [(1970) 2 SCC 780]
2. Media (Ads, Films, etc.)
a. Commercial Advertisements- Tata Press v. MTNL [(1995) 5 SCC 139]
b. UOI v. Motion Pictures Association (AIR 1999 SC 2334)
c. LIC v Manubhai D. Shah [(1992) 3 SCC 637]
d. Bobby Art International v. Om Pal Singh Hoon [(1996) 4 SCC 1)

e. Secretary, Ministry of I&B v. Cricket Association, Bengal [AIR 1995 SC

1236]

3. UOI v. Navin Jindal [(2004) 2 SCC 410]

4. PUCL v. UOI [ AIR 2003 SC 2363]

5. D.A.V. College v. State of Punjab [(1971) 2 SCC 269]
6. N.B. Khare v. State of Delhi [AIR 1950 SC 221] –
7. A.K. Gopalan v. State of Madras [AIR 1950 SC 27]

8. Unni Krishnan v. State of A.P. [(1993) 1 SCC 645]

9. T.M.A. Pai Foundation v. State of Karnataka [(2002) 8 SCC 481.

10. Fatehchand v. State of Maharashtra [(1977) 2 SCC 670]

11. Mohd. Hanif Quareshi v. State of Bihar [AIR1958 SC 731]

12. M.P. Sharma and Ors. v. Satish Chandra, District Magistrate, Delhi and Ors. 1950
SCR 1077.

13. Kharak Singh v. State of U.P., AIR 1963 SC 1295: (1964) 1 SCR 332.

14. K. S Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2017)10 SSC 1

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 5. Fundamental Rights- Protection in respect of conviction, Right to Life and
Personal Liberty, Protection in respect of arrest and detention, Right against
exploitation, Right to Freedom of Religion, Cultural and educational rights

One of the hallmarks of democracy is the right to be protected from the excesses of the state
machinery. Another hallmark of a democratic society is to discourage intolerance in religious
matters and allow people to freely practice their faith, subject to reasonable restrictions.
Viewed more positively, another aspect of modern democracy is to recognize inherent natural
rights. The presence of these rights in the Indian Constitution is the result of historical
evolution of thought, from the Stoic philosophy of ancient Greece to the Magna Carta and the
more recent French and American revolutions. Modern Constitutions incorporate these rights
in various forms.

Articles 20 to 30 of the Constitution of India recognize the right to be protected from the
excesses of the state police and judicial machinery; the Right to Life, probably the most
important provision of the Constitution, the protection against forced traffic of human beings
and child labour, the freedom to practice and propagate one’s religion as well as the freedom
manage religious affairs and the protection of the cultural and religious interests of
minorities.

The study of these rights is all the more relevant in the present context, with the Supreme
Court debating the decriminalization of homosexuality and emerging LGBT rights, the recent
judgment on the right to privacy as well as religion occupying a major role in today’s
political and socio economic debates. Moreover instances of human trafficking and forced
prostitution are unfortunately not uncommon. One of the objectives of studying this unit is to
give students a yardstick to measure whether we, as a nation, are trying to meet our
Constitutional obligations.

Essential Readings:

1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company, Lucknow,

Thirteenth Edition, 2017) .[ Part III, Pages 194-299].
2. Ananth Padmanabhan, “Rights-breadth, scope and applicability” in Sujit Choudhry,
Madhav Khosla and Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian
Constitution” (Oxford University Press, New Delhi) 581 at 599.
3. Ratna Kapur, “Gender Equality” in Sujit Choudhry, Madhav Khosla and Pratap
Bhanu Mehta, eds, The Oxford Handbook of the Indian Constitution” (Oxford
University Press, New Delhi) 742 at 755.
4. Anup Surendranath, “Life and Personal Liberty” in Sujit Choudhry, Madhav Khosla
and Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian Constitution”
(Oxford University Press, New Delhi) 756 at 776.

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5. Aparna Chandra and Mrinal Satish, “Criminal Law and the Constitution” in Sujit
Choudhry, Madhav Khosla and Pratap Bhanu Mehta, eds, The Oxford Handbook of
the Indian Constitution” (Oxford University Press, New Delhi) 794 at 813.
6. Ronojoy Sen, “ Secularism and Religious Freedom” in Sujit Choudhry, Madhav
Khosla and Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian
Constitution” (Oxford University Press, New Delhi) 885 at 902.
7. K Vivek Reddy, “Secularism and Religious Freedom” in Sujit Choudhry, Madhav
Khosla and Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian
Constitution” (Oxford University Press, New Delhi) 921 at 942.
Cases:
1. Kedar Nath Bajoria v. State of WB, AIR 1953 SC 404
2. Rattan Lal v State of Punjab, AIR 1965 SC 444
3. Zahira Habibullah H. Sheikh v State of Gujarat (2004) 4 SCC 158
4. Maqbool Hussain v State of Bombay, AIR 1953 SC 325
5. Pritam Singh v State of Punjab, AIR 1956 SC 415
6. Nandini Satpathy v P.L. Dani (1978) 2 SCC 424
7. State of Bombay v Kathi Kalu Oghad , AIR 1961 SC 1808
8. Selvi v State of Karnataka (2010) 7 SCC 263
9. Francis Coralie Mullin v UT of Delhi (1981) 1 SCC 608
10. Bandhua Mukti Morcha v Union of India, (1984) 3 SCC 161
11. Unnikrishnan, J.P v. State of AP, (1993) 1 SCC 645
12. A.K. Gopalan v State of Madras, AIR 1950 SC 27
13. Kharak Singh v State of UP,AIR 1963 1295
14. Satwant Singh Sawhney v Passport Officer, AIR 1967 SC 1836
15. A.K. Gopalan v State of Madras , AIR 1950 SC 27
16. Maneka Gandhi v Union of India, (1978) 1 SCC 248
17. Sunil Batra v Delhi Administration (1978)4 SCC 494
18. Jolly George Verghese v State of Cochin, (1980) 2 SCC 360
19. Bachan Singh v State of Punjab, (1980) 2 SCC 684
20. Mithu v State of Punjab, (1983) 2 SCC 277
21. A. K. Roy v Union of India (1982) 1 SCC 271
22. State of Maharashtra v Prabhakar Pandurang Sanzgiri, AIR 1966 SC 424
23. Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81
24. Hussainara Khatoon (2) v. State of Bihar, (1980) 1 SCC 91
25. M.H. Hoskot V State of Maharashtra (1978) 3 SCC 544.
26. Bachan Singh v State of Punjab, (1980) 2 SCC 684
27. Triveniben V State of Gujarat, (1989)1 SCC 678
28. Bandhua Mukti Morcha v Union of India, (1984) 3 SCC 161
29. Rudul Sah v State of Bihar, (1983) 4 SCC 141
30. D.K. Basu v State of West Bengal, (1997) 1 SCC 416
31. PUCL v State of Maharashtra, (2014) 10 SCC 635
32. Jeeja Ghosh v Union of India, (2016) 7 SCC 761
33. M.C. Mehta v Kamal Nath, (2000) 6 SCC 613

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 34. K. S. Puttaswamy v. Union of India, Writ Petition (Civil) No. 494 of 2012
(Sup. Ct. India Aug. 24, 2017).
35. Yakub Abdul Razak Memon v State of Maharashtra, Writ Petition (Criminal)
No. 135 of 2015
36. Madhu Limaye, re, (1969) 1 SCC 292
37. State of MP v Shobharam, AIR 1966 SC 1910
38. A. K. Roy v Union of India, (1982) 1 SCC 271 608
39. Francis Coralie Mullin v UT of Delhi, (1981) 1 SCC
40. Ruiweinao Kahosan Tangkhul v. Ruiweinao Simirei Shailei Khullakpa, AIR
1961 Mani 1
41. PUCL v Union of India, (1982) 3 SCC 235
42. M.C. Mehta (Child Labour Matter) v. State of T.N., (1996) 6 SCC 756
43. Labourers, Salal Hydro Project v. State of J&K (1983) 2 SCC 191
44. Bijoe Emmanuel v State of Kerala, (1986) 3 SCC 615
45. Mohd. Hanif. Quareshi v. State of Bihar, AIR 1958 SC 731
46. Commr., Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar
of Sri Shirur Mutt, AIR 1954 SC 282
47. DAV College v. State of Punjab,(1971) 2 SCC 261
48. St Stephens College v University of Delhi (1992) 1 SCC 558
49. T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481
50. Ahmedabad St. Xavier’s College Society v State of Gujarat, (1974) 1 SCC 717
51. Frank Anthony Public School Employees Assn v Union of India, (1986) 4
SCC 707
52. Justice Puttuswamy v Union of India WRIT PETITION (CIVIL) NO 494 OF
2012

6. Right to Constitutional Remedies-Writ Jurisdiction- Judicial Review/Basic

Structure Doctrine/Social Action Litigation/Public Interest Litigation

Unlike the American Constitution, the Indian Constitution grants the Supreme Court of India
the power to issue writs to state authorities for the specific enforcement of fundamental rights
contained in Part III of the Constitution of India. These writs are in the nature of Habeas
Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. However as Article 32(2)
states, the Supreme Court is not limited to issuing such writs but any appropriate order or
direction for the enforcement of fundamental rights.

Article 32 has been held to be a part of the Basic Structure of the Constitution of India i.e it
cannot be amended or altered, even through a constitutional amendment. Fundamental rights
are primarily enforceable against the state and its institutions and machinery. Article 32 is by
itself a fundamental right- a right to approach the Supreme Court to protect the violation of a
fundamental right or grant a remedy against its violation.

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Article 32, along with Article 226 (the power of high courts to issue prerogative writs) has
given rise to the unique form of enforcement of fundamental rights) called Public Interest
Litigation. Public Interest Litigation, which developed in the nineteen eighties allows any
person to suo motu approach the Supreme Court or High Court on a matter of public interest,
whether that person is aggrieved or not. Various PILs have broadened the scope of
fundamental rights especially Article 21 . This has also been possible because of the broad
drafting of Article 32. PILs have dealt with a variety of issues from pollution to illegal
detention to the plight of bonded labour to the rights of LGBT and trans people. Indeed, the
Supreme has even held that a postcard from bonded labour could be considered a valid PIL!

Essential Readings:

1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company, Lucknow,

Thirteenth Edition, 2017) .[ Part III, Pages 341-359].
2. Gopal Subramanium, “Writs and Remedies” in Sujit Choudhry, Madhav Khosla and
Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian Constitution” (Oxford
University Press, New Delhi) 614 at 626.
3. Shyam Divan, “Public Interest Litigation” in Sujit Choudhry, Madhav Khosla and
Pratap Bhanu Mehta, eds, The Oxford Handbook of the Indian Constitution” (Oxford
University Press, New Delhi) 662 at 679.
4. “Judicial Activism: Imposing Restrictions on the Constituent Power” in S.P Sathe,
Judicial Activism in India- Transgressing Borders and Enforcing Limits, 2 nd Edition,
2012, Oxford India Paperbacks.
5. “Post Emergency Judicial Activism: Liberty and Good Governance” in S.P Sathe,
Judicial Activism in India- Transgressing Borders and Enforcing Limits, 2 nd Edition,
2012, Oxford India Paperbacks.
6. “Growth of Public Interest Litigation:Access and Democratization of the Judicial
Process” in S.P Sathe, Judicial Activism in India- Transgressing Borders and
Enforcing Limits, 2nd Edition, 2012, Oxford India Paperbacks.
Cases:
1. Batul Candra v. State of West Bengal (AIR 1974 SC 2285)
2. Vidya Verma v. Shiv Narain (AIR 1956 SC 108)
3. A.K. Gopalan v. State of Madras (AIR 1950 SC 27)
4. Talib Hussain v. State of Jammu and Kashmir (AIR 1971 SC62)
5. Usha Devi v. Kailash Narayan (AIR 1978 MP 24)
6. Barada Kanta Adhikary v. Sate of West Bengal (AIR 1963
7. Cal 161)
8. Manjula Manjari Dei v. M.C. Pradhan, Director of public
9. Instructions (AIR 1952 Ori 344)
10. State of M.P. v. Mandawar (AIR 1954 SC 493)
11. Arya Pratinidhi Sabha v. The State of Bihar (AIR1958 Pat 359)
12. Ram Nagina Singh v. S.V. Sohni (AIR 1976 Pat 36)
13. G.D. Karkare v. T.L. Shevde (AIR 1952 Nag 330)
14. Baij Nath v. State of U.P. (AIR 1968 All 288)
15. Sewpujanrai Indrasanarai Ltd. v. Collector of Customs (AIR 1958 SC 845)
16. Madan Gopal v. Union of India (AIR 1951 Raj 94)

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 17. Basappa v. Nagappa (AIR 1954 SC 440)
18. Bharat Barrel and Drum Manufacturing Co. v. L.K.Bose (AIR 1967 SC 361)
19. Hari Vishnu Kamnath v. Ahamd Ishaque (AIR 1955 SC 233)

9. Directive Principles of State Policy (Art 36-51) and Fundamental duties

Part IV(Article 36 to 51) of the Indian Constitution contains the directive principles of state
policy. Unlike fundamental rights, directive principles are not enforceable by any court,
however they are equally important to secure economic, social and political justice.

Added by the 42nd Amendment, fundamental duties like directive principles of state policy
are non-justifiable.

Essential readings:-

1. M P Singh, VN Shukla’s Constitution of India (Eastern Book Company, Lucknow,

Thirteenth Edition, 2017), pg 370-394.
2. M.P. Singh, ‘The Statics and the Dynamics of the Fundamental Rights and the
Directive Principles- A Human Rights Perspective’ (2003) 5 Supreme Court Cases
(Journal) 1.
3. The Oxford handbook of the Indian Constitution, Gautam Bhatia, Directive Principles
of State Policy, pg 644.

Cases:-

1. State of Madras v. Champakam Dorairajan [AIR 1951 SC 226]

2. Minerva Mills Ltd. v. Union of India [(1980)3 SCC 84]
3. P.A. Inamdar v. State of Maharashtra [(2005) 6 SCC 537]
4. Kesavananda Bharti v. State of Kerala [(1973) 4 SCC
5. Unni Krishnan v. State of A.P. [(1993) 1 SCC 645]
6. State of U.P. v. Pradhan Sangh Ksherttra Samitri [1995 Supp(2) SCC 305]
7. Bennet Coleman & Co. v. Union of India [(1972) 2 SCC 788]
8. Municipal Corpn. of Delhi v. Female Workers [(2000) 3 SCC 224]
9. Express Newspapers (P) Ltd. v. Union of India [AIR 1958 SC 578]
10. John Vallamattom v. Union of India [(2003) 6 SCC 611]

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