Concept Note: The Constitution is a face of the Nation; it directs the policies of the State. To understand the nature of Constitution, it is incumbent on us, to understand the evolution of State. There are various theories on evolution of State but the ‘Social Contract theory’ plays a predominated role in the formation of Secular-democracies of today’s world. This theory states, the present society is an outcome of contract between the Sovereign and the subjects. In this contract the subjects have surrendered their rights to the Sovereign and in turn the Sovereign has guaranteed few rights viz. life, security and so on and so forth. In the age of Democracy the Sovereignty lies amongst the people, the responsibility that was shared by few royal families in monarchy is now upon the citizens. Under this idea of Sovereignty the Preamble of Constitution of India starts with ‘We the People of India……’ Indian Constitution defines the relationship of the State and citizens; to some extent amongst the citizens. As stated above the Sovereign are the citizens but it is manifest in the institutions. It may not be wrong to say that the Constitution of India is an institution, the Supreme-will of the people i.e. Supreme law of the land. That’s why all laws of India derives from the Constitution and can’t contradict the Constitution.
With the enforcement of the Constitution of India on 26 January 1950 the Sovereignty is shared by each of us, and right to elect our public representative is an emblematic for it. To get the desirable outcome from this- right to elect and being elected, it is incumbent on us ‘the citizens’ to understand the relationship of State, citizen and the Constitution. Constitution is not mere document, it must possess the ‘principle of constitutionalism’, even Hitler’s Germany and Stalin’s USSR had their Constitution but they were not democracies as these Constitutions lack the spirit of Constitutionalism .There the Constitution was used as instrument for accession of power, to seek legitimacy for massacre of Human races and for umpteen atrocities on ‘others’.
Another facet of Sovereignty is the right to decide (liberty) – India is an independent country not because, it is freed from the shackles of foreign power. It is Independent, because its citizens are having
- JUSTICE in, social, economic and political;
- LIBERTY of thought, expression, belief, faith and worship
- EQUALITY of status and of opportunity, and to promote among them all……
This course desires to develop a cogent understanding of the Constitution, its impact on society as whole, and on the relationship of the Constitution, the State and Citizen. The role of citizens in proper functioning of the Constitution and How Constitution safeguards the rights of the Citizens and regulates the conduct of the State.
- Philosophy of Constitution
- Fundamental Rights in Constitution of India
- Constitutional Remedies under Article 32 and 266 of the Constitution of India
- Interpretation of Constitution by Supreme Court ( Over-view )
- Aiman (Ph.D in Constitutional Law- Nalsar )
- Yusuf Hayat ( NET; Faculty at National Law School- Aurangabad)
- Naga Laksmi ( Ph.D Osmania University)
- Fawaz Shaheen ( Researcher at Quil Foundation)
- Abdul Azaam ( Ph.D in Law Oxford )
- Madhur Kaur ( Human Rights Advocate, Quil)
- Adv. Gautama Bhatia (Author of Transformative Constitution)
- Adv. Suhrith Parthasarathy (Columnist and Legal journalist )
- Prof. G.B Reddy (HoD- Law, Osmania University )
- Prof. Pratab Reddy ( Rtd. HoD-Law O.U, presently Dean School of Law ICFAI University for Chapter No. 4 (i))
- Prof. Afzal Wani ( former member of Law Commission of India)
- Prof. Faizan Mustafa ( V-C Nalsar )