BCS202 | Constitutional Law II

Introduction: Aims and Purposes

Constitutional Law II introduces law students to the theory, doctrine, and practice of the Constitution of India in areas not covered in the course on Constitutional Law I. Focusing on Parts II, III, and IV of the Constitution, the course provides a critical engagement with the development of constitutional law, and the bearing that these developments have on some of the biggest political questions of our times. Together, the two courses seek to provide an overview of some of the most critical issues relating to the Constitution of India.

Recognizing that constitutional developments are not inevitable but contingent, the course seeks to understand which constitutional choices were available to constitutional decision-makers, which choices were eventually made and why, which choices were discarded (and why) and with what effect, and how these choices impacted the distribution of power. The course also seeks to examine who benefits, who is empowered, and who is disempowered, by the particular formulations of constitutional text and doctrine.

Through this exploration, students will come to understand that the Constitutions of deeply divided societies like India are always a ‘work in progress.’ The Constitution of India is also incomplete in another sense: instead of going for permanent solutions on all issues, the framers deferred decisions on some issues. Carrying forward the task of filling these gaps in the Constitution requires lawmakers, judges, lawyers, and citizens alike to understand the founding principles and bases for our constitutional design, while providing context to grapple with constitutional silences.