PRD100 | Rights Duties and Institutions

INTRODUCTION TO THE COURSE

This course aims to familiarize students with the theory and practice of rights, duties, and institutions.  In addition to the link between rights and correlative duties, the first module aims to highlight conceptions of rights from different methodological lenses. The module also encourages evaluation of the role of courts in recognizing rights for facilitating social change in a democratic polity and embraces critical perspectives on human rights from the margins.  Accordingly, whilst the importance of mainstream liberal conceptions of rights is not denied, the course also attempts to capture theorizations of rights in ways that speak directly to the historical experiences of non-western jurisdictions.

The second module of the course turns the gaze more squarely on the frameworks for constitutional politics in India while delving into questions of rights, duties, and directive principles of state policy.  This module focuses on how institutions (legislative, executive, and judicial) and institutional mechanisms (affirmative action; representation; legal pluralism) can work to further the value commitments embedded in rights.  This module also focuses on the politics around the invocation of constitutional ‘duties.’

From the outset, the course outline aims to integrate rights with the theme of institutions and this is evident in the readings that connect matters related to rights to the activities of courts.  The third, and final, module of the course forefronts attention to how institutional dynamics shape both social change, and the enjoyment of rights by individuals and collectivities.  In this regard, the module not only underscores the place of institutions in bringing about change but also illuminates policy implementation concerns.  The module alludes to the Indian experience with institutions such as the Planning Commission and the Niti Ayog, mechanisms such as PIL, the growing role of ‘guarantor’ institutions, and the move toward regulatory governance. It finally concludes the course with reflections on emerging concerns such as the increasing casualization of work and the reorientation of (un)belonging to the nation-state.

The hope is that the three modules together can help students respond to questions such as the following ones:  Were public institutions in India designed or intended as rights-enhancing institutions and formal mechanisms for participation by citizens? How has that developed in practice, and what calls for reform have they led to?

The readings listed in the course outline below are subject to change.  Any changes made will be notified well in time.