what is constitutional law

What is Constitutional Law: Insights into Legal Frameworks

When someone encounters the Constitution of India for the first time, they often hear it described as a “living document.” But why is this term used? Any law or act that contradicts the Constitution automatically loses validity. This raises questions about the Constitution’s formidable authority and why it holds such supreme significance that anything contrary to it becomes irrelevant. 

The Indian Constitution establishes a framework for political, economic, and social democracy, reflecting the commitment of the Indian people to declare, ensure, and achieve numerous national objectives through a democratic process. It transcends mere legal documentation, serving as a mechanism to guide the nation towards fulfilling the people’s aspirations and adapting to evolving needs and circumstances.

At its core, the Constitution aims to unite India, or Bharat, as a federation of states, ensuring equality before the law and equal protection under the law for all citizens. It also addresses the interests and aspirations of marginalised groups in society, shaping policies aimed at their empowerment and upliftment.

The Role of Constitutional Law in Modern Society

Constitutional laws can take the form of written or unwritten documents. Written constitutions, like the Indian Constitution, serve as the supreme law of the land, surpassing all other laws in force within a country. Any law conflicting with the Constitution would be rendered invalid. In contrast, unwritten and flexible constitutions, such as the Constitution of the United Kingdom, do not maintain a hierarchical distinction between the Constitution and ordinary laws. In such cases, the Parliament holds the authority to amend the Constitution through ordinary legislative processes, thereby granting ordinary laws equal status to that of the Constitution itself.

Why Study Constitutional Law?

The core intention of Constitutional Law is to uphold individual freedoms in contrast to both the state and other people. Employment prospects in Constitutional Law can be an optimal choice for you if you are excited about defending and safeguarding others’ freedoms. 

What is the Objective of Certification Course in Constitutional Law?

  • To acquaint individuals with the foundational principles and structure of the constitutional system and the operations of the Government of India. 
  • The Constitution of India serves as the highest law, delineating the framework that defines essential political principles, establishes institutional structures, delineates procedures, powers, and responsibilities of government bodies, and outlines fundamental rights, directive principles, and citizen duties. 
  • This course aims to introduce and elucidate the principles relevant to different aspects of constitutional law, enhancing your comprehension of legal concepts and equipping you with the intellectual skills essential for effectively conceptualising and analysing constitutional issues.

Subjects of Certification Course in Constitutional Law 

  • Constitutionalism and Constitutional Development in India
  • Comparative and Cooperative Federalism (India, America, And Australia)
  • Civil and Political Rights: Comparative Study of Select Constitutions (India, USA and UK)
  • Local Self-government Law
  • Administrative Law of India 

Key Topics Covered in Certification Course in Constitutional Law 

  • What is a Constitution
  • Concept of State
  • Freedom of Speech and Expression
  • Right to Equality
  • Emerging regime of new Fundamental Rights
  • Minorities Rights (Articles 29 & 30)
  • Right to Freedom of Religion (Article 25-28)
  • Right to Remedy
  • Relationship between Fundamental Rights and Directive Principles of State Policy
  • Indian Federalism
  • The Judiciary
  • Distribution of Legislative Power
  • Tortious Liability of State
  • Parliamentary Privileges
  • Freedom of Trade Commerce and Intercourse
  • Parliamentary Form of Government versus Presidential Form of Government.
  • Amendment of the Constitution (Article 368)
  • Emergency Provisions in the Indian Constitution

Career Opportunities with a Constitutional Law Certification

  • Government Lawyer
  • Corporate Lawyer
  • Legal Advisor
  • Legal Officer
  • Legal Writer
  • Legal Editor

Recruiters for Constitutional Law Certification Students

There are several companies that hire graduates with expertise in Constitutional Law. Employment opportunities are available to them in both private and public sectors. Some notable employers who hire Constitutional Law graduates include:

  • Singhania and Partners
  • AZB and Partners
  • J Sagar Associates
  • Luthra and Luthra
  • Titus and Co.
  • Trilegal

Over to You:

Constitutional law serves as the bedrock of contemporary societies, navigating the intricate relationships between governments and citizens. From the crafting of constitutions to their interpretation in judicial settings, this discipline shapes the destinies of nations and the daily experiences of individuals. Its principles and directives illuminate the way toward a fair, transparent, and rights-centred society.