Law-221, Constitutional Law of India Pakistan, UK and USA

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University of Asia Pacific

Department of Law and Human Rights

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Consultation/Contact Time:

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.

Abdullah Al Noman

Lecturer

Department of Law & Human Rights, UAP

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