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08:45am to 6:00 pm(excluding the hours indicated for the class hour)
Law-221 : Constitutional Laws of India, Pakistan, UK and USA
2 nd Year 1 st Semester
Abdullah Al Noman
House # 74 Bikalpo Tower (5 th floor ), Road # 5/A, Dhanmondi,
Dhaka-1209.
Class Hours :
Day 1(Monday)
2:00pm-2:55pm, Room No-502
Day 2( Tuesday)
2:00pm-2:55pm, Room No-502
Day 3( Wednesday)
9:00am-9:55am, Room No-101
Day 4(Thursday)
9:00am-9:55am, Room No-102 abdullah@uap-bd.edu
01925730720
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 22 parts, 12 schedules and 118 amendments. Besides the English version, there is an official
Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution.
The Constitution follows parliamentary system of government and the executive is directly accountable to legislature. Article
74 provides that there shall be a Prime Minister of India as the head of government. It also states that there shall be a President of India and a Vice-President of India under Articles 52 and 63.
Unlike the Prime Minister, the President largely performs ceremonial roles.
The Constitution is federal in nature. Each State and each Union territory of India have their own government. Analogues to
President and Prime Minister, is the Governor in case of
States, Lieutenant Governor for Union territories and the Chief
Minister. The 73rd and 74th Amendment Act also introduced the system of Panchayati raj in villages and municipalities.
Also, Article 370 of the Constitution gives special status to the state of Jammu and Kashmir.
The Constitution of the Islamic Republic of Pakistan is the supreme law of the State of Pakistan. The Constitution is supreme document of Pakistan which identifies the state (its physical existence and its borders), people and their fundamental rights, state's constitutional law and orders, and also the constitutional structure and establishment of the institutions and the country's armed forces. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a legislature, a bicameral Parliament; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary head by Supreme Court. The Constitution lay the establishment of President of Pakistan who is the ceremonial figurehead (head of state) and its role is to represent the unity of the state.
The Constitution of the United Kingdom is the set of laws and
Course Outline: principles under which the United Kingdom is governed. Unlike many other nations, the UK has no single constitutional document. This is sometimes expressed by stating that it has an uncodified or "unwritten" constitution. Much of the British constitution is embodied in written documents, within statutes, court judgments and treaties. The constitution has other unwritten sources, including parliamentary constitutional conventions (as laid out in Erskine May ) and royal prerogatives. Historically, "No Act of
Parliament can be unconstitutional, for the law of the land knows not the word or the idea."Since the Glorious Revolution in 1688, the bedrock of the British constitution has traditionally been the doctrine of parliamentary sovereignty, according to which the statutes passed by Parliament are the UK's supreme and final source of law. It follows that Parliament can change the constitution simply by passing new Acts of Parliament.
There is some debate about whether this principle remains valid, particularly in light of the UK's membership in the European
Union.
The Constitution of the United States is the supreme law of the United States of America. The Constitution originally consisted of seven Articles. The first three Articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislature, consisting of the bicameral Congress; the executive, consisting of the President; and the judiciary, consisting of the Supreme
Court and other federal courts. The fourth and sixth Articles frame the doctrine of federalism, describing the relationship between State and State, and between the several States and the federal government. The fifth Article provides the procedure for amending the Constitution. The seventh Article provides the procedure for ratifying the Constitution. The Constitution was adopted on September 17, 1787, by the Constitutional
Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven States. It went into effect on March 4,
1789.
India
The Nature of the Indian Constitution, Salient features of the
Indian Constitution, The Preamble of the Constitution, The
Union and Its Territory, Citizenship, Fundamental Rights
(General), Right to Equality, Right to Freedom, Protection in respect of Conviction for Offences, Protection of life and
Personal Liberty, Safeguards against Arbitrary Arrest and
Detention, Right against Exploitation, Right to Freedom of
Religion, Cultural and Educational Rights, Saving of certain laws, Right to Constitutional Remedies, Directive Principle of
State Policy, Fundamental Duties, The Union Executive, The
President, Vice-President and Council of Ministers, The
Parliament, The Union Judiciary-The Supreme Court, The State
Executive, The State Legislature, The State Judiciary, Privilege of the Legislature, The Union Territories and Tribal Areas,
Election, The Emergency Provisions.
Pakistan
The Republic of Pakistan, Fundamental Rights and Principles of
Policy, The President, The Central Legislature, The Central
Government, Financial Procedure of the Centre, The Supreme
Court of Pakistan, The Governors, The Provincial Legislature,
The Provincial Governments, Financial Procedure of the
Provinces, The High Courts, The General and Provincial
Legislature, The Central and Provincial Governments, The
Central and Provincial Judicatures, Relations between the
Centre and the Provinces, Elections, The Services of Pakistan,
Islamic Institutions, Amendment of Constitution.
UK
Course objectives:
Sources and Characteristics of English Constitution,
Conventions of the Constitution, - Parliamentary Sovereignty,
The Monarchy, The Executive Cabinet Government and the
Prime Minister, Ministerial Responsibility, The Constitutional
Position of the Judiciary, The Rule of Law and the Rights and
Liberties of the Subject.
USA
Executive, Congress, Senate, , Judiciary Separation of Powers,
Principles of Check and Balance, Bill of Rights Judicial Review,
Civil Liberties.
The aims and objectives of this course is to give the students a foundational basis for the study and understanding of the basic contents of Constitutional Laws of India, Pakistan, UK and USA thereby preparing them for a more complex theoretical content in the third semester of the academic session.
Lectures, Lab works, assignments, interactive sessions, field trips etc.
N/A
Teaching Method:
Prerequisites:
2
3
07-11-13
11-11-13
12-11-13
13-11-13
14-11-13
18-11-13
19-11-13
20-11-13
Course schedule/ Class schedule
Week Class Date
1 04-11-13
05-11-13
Topic
Basic Concept of Constitution
& Constitutional Law
Historical Background of US
Constitution
06-11-13 Drafting of the US
Constitution
American Bill of Rights
US President
US President(Cont.)
US President(Cont.)
Holiday (Ashura)
US Congress
US Congress(Cont.)
US Congress(Cont.)
Reading assignment Work assignment
Drafting of the US
Constitution
To prepare assignment titled
“ Human Rights Guaranteed by US Constitution”
US President Election
Veto Powers of the
US President
To prepare assignment titled
“Calendar Pattern of the US
President Election”
To prepare assignment titled
“Check & Balance of the
United States of America”
4
5
21-11-13
25-11-13
26-11-13
27-11-13
28-11-13
2-12-13
3-12-13
US Judiciary
US Judiciary(Cont.)
Feature of the British
Constitution
Sources of the British
Constitution
British Monarchy
British Monarchy(Cont.)
The Royal Prerogatives
4-12-13 The Royal Prerogatives(Cont.)
N/A
N/A
N/A
N/A
6
7
8
9
5-12-13 Tutorial No. 1
9-12-13 British Cabinet
10-12-13 British Cabinet(Cont.)
11-12-13 House of Common
12-12-13 House of Common(Cont.)
16-12-13 Holiday( Victory Day)
17-12-13 House of Lords
Why Was not
British Constitution
Written
N/A
18-12-13 House of Lords(Cont.)
19-12-13
30-12-13
31-12-13
01-01-14
Tutorial No. 2
MID TERM EXAM
Supreme Court of UK Drafting of the
Historical Background of the
Indian Constitution
Indian Constitution
Drafting of the Indian
Constitution
02-01-14 Fundamental Rights guaranteed by Indian Constitution
06-01-14 Fundamental Rights guaranteed Directive Principle
To prepare assignment titled “British Constitution is the Result of
Constitutional Convention”
N/A
To prepare assignment titled
“Influence of the Indian
Constitution in Bangladesh
Constitution”
N/A
by Indian Constitution
07-01-14 Directive Principle of State
Policy
08-01-14 The Executive
09-01-14
13-01-14
14-01-14
The Executive(cont.)
The Cabinet
The States Cabinet of State Policy
10
15-01-14
16-01-14
20-01-14
Composition of
Council of the
States
To prepare assignment titled
“ Separation of Powers under Indian Constitution”
11
21-01-14
22-01-14
The Council of the States
The House of the People
The Legislative Council of the
States
The Judiciary
The Judiciary(Cont.)
N/A N/A
12
13
23-01-14
27-01-14
Tutorial No. 3
Historical Back ground of
Pakistan Constitution
28-01-14 Drafting of Pakistan Constitution
29-01-14 Fundamental Rights
30-01-14 Fundamental Principle of State
Policy
03-02-14
04-02-14
The President
The Cabinet
05-02-14 The National Assembly
06-02-14
10-02-14
11-02-14
12-02-14
The Senate
Provincial Assembly
The Judiciary
The Judiciary
Fundamental
Principle of State
Policy
Composition of the
National Assembly
N/A
To prepare assignment titled
“Human Rights guaranteed by the Pakistan
Constitution”
14 Composition
Supreme court of
Pakistan
N/A
13-02-14 Tutorial No. 4
Basic text(s):
FINAL EXAM
Outline of the Constitution of the United States of America By
M A Malik
Modern British Constitution by Barrister Abdul Halim
Constitution of Islamic Republic of Pakistan
Constitution of the Union of India
Fundamental Law of Pakistan by Justice A K Brohi
English Constitution by Wade and Philips
LLJ, PLD, AIR etc.
Reference text(s):
Additional reading material:
Assessment / Assignment Methods:
Marks for assessment will be given by the course teacher through class tests, quizzes, assignments, presentation, class performance, class attendance etc.
There should be at least (n+1) where ‘n’ is the number of class tests for a course. The course teacher must submit a copy of marks of Assessment (mentioning the fractions in class tests, quizzes etc.) of his course to the Head of the respective departments.
Grading Systems:
Each course has a letter grade equivalent to a certain number of grade points. Letter grades and their corresponding grade points are as follows:
Numerical Grade Letter Grade
Grade Point
80% and above
75% to less than 80%
A+
A
4.00
3.75
Quiz Test: Description of components of assessment
(Class test, class participation, midterm, final exams etc) 100%
Assessment Marks 30 includes: Class test/ Assignment
10+ Class attendance 10 + Class performance & Viva voce 10.
Total Marks 100 includes : Assessment 30 + Midterm examination 20+ Final Examination 50
Grading systems to be followed for the course
70% to less than 75%
65% to less than 70%
60% to less than 65%
55% to less than 60%
50% to less than 55%
45% to less than 50%
40% to less than 45%
Less than 40%
Exemption
A+
B+
B
B-
C+
C
D
F
E
3.50
3.25
3.00
2.75
2.50
2.25
2.00
0.00
--
Incomplete I --
Satisfactory S --
Students’ responsibilities:
All students are instructed to attain at least 70% of the total classes.
What students should do to extract the most out of the course?
The students should attain the classes regularly and fulfill their work and reading assignments according to the instructions to extract the most out of the course.