NLSIU

Academic Year 2021-22

5 year LL.B CORE COURSE: Constitutional Law I
Session 13-14: (Mon, April 11): Principles of Rights Adjudication (1 of 2)
Reading Guide and Discussion Questions:
In this set of classes, we will look at broad principles that apply to rights adjudication –
a topic that we have already ventured into, but will engage with more fully in the rest of
this course. Through the set of cases and materials on LMS, we will consider such broad
principles as the presumption of constitutionality, the distinction between positive and
negative rights and the dimensions of horizontality of rights, as well as the doctrine of
waiver and the doctrine of eclipse. In Monday’s class, we will focus on the first four,
leaving the last two for Wednesday’s class.
There will be no assigned presentations on Monday. However, we will discuss the 6
cases and also discuss the Motilal Nehru Committee report. For the latter, we may
employ a Small Group Discussion method as we did earlier for the historical
constitutions.
To prepare for the class, please read up on these principles and doctrines in any
standard commentary. In VN Shukla (13th ed), the relevant pages are 39-48
DISCUSSION QUESTIONS

1. What we are focusing upon are some broad principles to determine how courts
should approach the task of constitutional and rights adjudication. Many of these
are evolved by courts themselves, in a bid to ensure that judicial decisions follow
discipline and considerations of separation of powers, which enable them not to
intrude into the legitimate authority and roles of other institutions. Consider, for
e.g., the presumption of constitutionality attached to Parliamentary laws. As you
read through the cases and discussion of each such principle, try and see if you
agree with the rationale of these principles and whether they are well laid out.
2. In the Motilal Nehru report, note how the distinction between negative and
positive rights is approached and carved out. What do you think of their
understanding of the horizontal application of rights?
3. As with other issues, the approach of Courts has changed and evolved across the
decades of India’s post-independence journey. In the six cases that we focus
upon, do you see the influence of different considerations across different time
periods?