Constitution Law and Public Administration in India
National Law School of India University and NPTEL via Swayam
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Overview
ABOUT THE COURSE: Two major branches of law that govern the functioning of state and administrative agencies are: (i) Constitutional Law and (ii) Administrative law. The foundational premise of the Indian Legal System is that “the Constitution of India is the fundamental law of the land”. It means that every state action, be it legislative, executive, administrative, and even judicial, must be in consonance with the Constitution of India. No State action will be valid if it is not permissible under the Constitution. As such, the Constitution is the both source of and provides limitations on the powers and actions of the three organs of the State. Further, public administrative decision making is also guided by Administrative Law. This branch of law provides the rules related to delegated legislation, use of administrative discretion, principles to be followed during administrative adjudication etc. Since, persons, be it natural or judicial, from all walks of life are either involved in or interact with State and public administrative agencies on a regular basis. This can result into multitude of challenges such as unconstitutional legislation, abuse of power, injustice etc. Hence, it is imperative for everyone to understand the Constitution law and the law governing public administration in India.This course on “Constitutional Law & Public Administration in India” is designed with the aim to introduce and orient learners from all walks of life to the understanding of the constitutional law and public administration in India. Though both these branches of law are vast and are generally studied separately, the present course is designed to amalgamate them into a single lucid 12 weeks discourse so as to be useful for everyone. The pedagogy will involve discussion through interactive PowerPoint presentations, thought provoking questions & practical problem-solving exercises, case law discussions etc.INTENDED AUDIENCE: General Public, Students, Government Officers and employees, Administrators, Professionals etc.PREREQUISITES: Basic understanding of Constitutional, administrative and polity framework in IndiaINDUSTRY SUPPORT: Constitutional Law & Administrative Law have implications to every citizen. They are also essential components of every industry, trade and business activity that has an interface with the State. Therefore, the course will be relevant for every citizen, government employees and public sector undertakings, industry and business professional that interact with government agencies and students of law and allied fields who want to work in the public sector. Besides and understanding of Constitutional law and administrative law is relevant for all stakeholders in the Government sector and Central /State Civil Servants.
Syllabus
Week 1: Introduction to Constitution and Constitutional Law
- Constitution, Constitutionalism and Constitutional Law
- Difference between Constitutional law and other laws
- Types of Constitution
- Salient Features of the Constitution of India
- Preamble to the Constitution of India: Its Role, Vision, Interpretation and Amendment
- Concept of Fundamental Rights vis a vis Directive Principles of State Policy
- Definition of State and Instrumentalities of State
- Enumerated Fundamental Rights
- Enforceability of Fundamental Rights vis -a -vis Directive Principles of State Policy
- Primacy of Fundamental Rights and Directive Principles of State Policy
- Constitutional Remedies to derogation of Fundamental Rights
- Parliamentary democracy and Bicameral Legislatures
- Federalism and Quasi-Federal Structure
- Role of Prime Minister & Council of Ministers; Chief Minister and Council of Ministers
- Composition of the House of People and Council of States
- Sessions and Functions of the Parliament and State Legislatures
- Procedure in case of (i) Finance Bills, (ii) Money Bills, (iii) Bills other than Money Bills
- Division of Legislative powers: Union List, State List, Concurrent List Interpretation of Schedule VII: Doctrine of Pith and Substance; Doctrine of Colorable Legislation, Doctrine of Eclipse, and Waiver
- Understanding Legislative and Executive Functions
- Constitutional Role of President, Vice President and Governors
- Executive Functionaries: Powers and Functions
- Governance through ordinance & Emergency Provisions
- Contracting for Government, Executive privilege, promissory estoppel, legitimate expectation
- Right to information, official secrecy, security of state and control on information;
- Tortious liability; contractual liability; personal accountability, and evolution of compensatory reliefs
- Judicial Setup in India; Difference between Constitutional Courts, Courts and Tribunals
- Constitutional Courts- Supreme Court & High Courts - Jurisdiction and power
- Independence of Judiciary under Indian Constitution, Judicial Appointments etc.
- Judicial Review: Growth and Development,
- Judicial Activism and Judicial restraint.
- Growth of Public interest Litigation
- Powers of Amendment
- Amendment of the Preamble
- Judicial Review of Amendments
- Schedule IX Legislations
- Theory of Basic Structure to the Constitution of India
- Comptroller and Auditor General (CAG)
- Office of Attorney General, Solicitor General, Advocate General
- Election Commission
- Union Public Service Commission and State Public Service Commissions
- 73rd and 74th Constitutional Amendment; Panchayati Raj System & Urban Local Bodies
- Initiatives towards E-Governance
- Expansion of Administration and Growth of Administrative Law
- Classification of Administrative Functions: Illustrations and Examples Legislative Functions; Judicial Functions; Executive or Administrative Functions
- Nature and Scope of Administrative Law
- Judicial Review of Administrative Action
- Administrative process, nature and scope;
- Growth of Delegated Legislation;
- Control of delegated legislation: Legislative Controls, Judicial Controls, Executive Control;
- Administrative discretion;
- Excessive Delegation and Procedural Fairness
- Ouster of Jurisdiction Clauses
- Growth of Administrative Tribunals
- Clauses of Finality of Orders of Tribunals
- Test to determine exercise of Quasi-Judicial Power
- Principle of natural justice: Audi Alteram Partem, Doctrine of Bias, Reasoned Decisions
- Nature, Scope and Importance of Public Policy
- The distinction and interface between public policy and Fiscal, Monetary, Defense, development, Environment, Social welfare policies etc.
- Statutory Corporations, Government Companies, Joint Ventures, etc
- Transparent governance and prevention of corruption
- Commission of Inquiry; The CBI, Inquiries by Legislative Committees, Judicial inquiries, etc
- Central Vigilance Commission
- Information Commissions
- Reserve Bank of India
- Ombudsman, Lokpal and Lokayukta;
- Planning Commission and Niti Ayog
- Disaster Management Authority
Taught by
Prof. Sairam Bhat