CONSTITUTIONALISM: PLURALISM AND FEDERALISM
Objectives of the course
Constitutionalism essentially means a limited government, where
government functiol according to certain principles. It is said to be abiding
by constitutionalism. Must it be democracy or can it be an autocracy also. In
ancient India, the king was supposed to act according to dharma. He was not
absolute in the sense in which John Austin defined sovereign
Constitutionalism may therefore be determined by a written constitution or
by religion or traditio or by mere practice or convention as in England. In a
plural society, where different religious a well as linguistic groups have to
live together, various rules of accommodation and mutual recognition are
incorporated in the Constitution. Usually these are contained in the bills of
rights which contain guarantees of individual liberty and equality against
majoritarian rule, Constitutionalism does not merely imply majoritarian rule,
it has to be a consensual rule. However, where there is not only such vertical
pluralism but also horizontal pluralism reflected by subnations/regional
loyalties, power is not only required to be restrained but it has to be shared.
This calls for a federal government. The purpose of this paper is to provide
exposure to the students to various models of pluralism and forms of
constitutional governments and federal structures.
The following syllabus prepared with this perspective will be spread
over a period of one year.
1.1 Authoritarianism – Dictatorship.
1.2 Democracy – Communism.
1.3 Limited Government concept Limitations on government
1.4 What is a Constitution?
1.5 Development of a democratic government in England
Historical evolution of constitutional government.
1.6 Conventions of constitutionalism law and conventions.
1.7 Written Constitutions: U.S.A. Canada, Australia, Sweden,
South Africa and India.
1.8 Separation of powers: Montesquieu.
1.9 Rule of Law : Concept and new horizons.
1.10 Marxist concept of constitutionalism.
1.11 Dictatorship of the proletariat.
1.12 Communist State from Stalin to Gorbachov and Post
1.13 Fundamental rights: Human Rights.
1.14 Judicial Review: European Court of Human Rights.
1.15 Human Rights: International Conventions.
1.16 Limits & doctrine of domestic jurisdiction in international Law
2.1 What is a federal government?
2.2 Difference, between confederation and federation
2.3 Conditions requisite for federalism
2.4 Patterns of federal government U.S.A., Australia, Canada,
2.5 Judicial review for federal umpiring.
2.6 New trends in federalism: Co operative federalism.
2.7 India Central Control V. State Autonomy.
2.8 Political factors influencing federalism.
2.9 Plural aspects of Indian federalism: Jammu & Kashmir, Punjab,
2.10 Dynamic of federalism.
3.1 What is a pluralistic society?
3.2 Ethnic, linguistic, cultural, political pluralism.
3.3 Individual rights right to dissent.
3.4 Freedom of speech and expression.
3.5 Freedom of the Press.
3.6 Freedom of Association
3.7 Rights to Separateness.
3.8 Freedom of Religion
3.9 Rights of the religious and linguistic minorities.
3.10 Compensatory discrimination for backward classes.
3.11 Women rights to equality and right to special protection.
3.12 Scheduled tribes, Distinct identity protection against
exploitation Exclusion from Hindu Law.
4. Uniform Civil Code
4.1 Non State Law (NSLS) and State Law System – Problem of a
Uniform Code v. Personal Laws vertical federalism.
LL.M. SYLLABUS 35
5. Equality in Plural Society
5.1 The concept of "Equality" in heterogeneous society".
5.2 Effect of concept like Multiculturalism, ethnicity and its
consideration pluralistic society.
5.3 Right to equality and reasonable classification.
5.4 Prohibition of discrimination on ground of religion, caste, sex,
5.5 Abolition of untouchability.
5.6 Secularism constitutional principles.
5.7 Tribal groups and Equality.
6. Pluralism and International Concerns
6.1 International Declaration of Human Rights.
6.2 Conventions against genocide.
6.3 Protection of religious, ethnic and linguistic minorities.
6.4 State Intervention for protection of human rights.
6.5 Right of self determination.
Uniform Civil Code
Equality in Plural Society
Pluralism and International Concerns