2nd February, 2026 : Session on Constitutional Law and its Ancillary Topics at St.Joseph's College of Commerce, Bangalore

This session on Constitutional Law and its Ancillary topics- Unit 2 and 3, was organised by St.Joseph's College of Commerce, Bangalore for around 150 students. Advocates Misbah and Adv Shraddha, Associates from Dhwani Legal Trust were invited as resource persons.

Advocate Misbah spoke about the Democratic decentralization which refers to the devolution of power from the central and state governments to local self-governments. In India, this was formalized by the 73rd and 74th Constitutional Amendment Acts (1992), which gave constitutional status to Panchayati Raj Institutions (PRIs) in rural areas and Urban Local Bodies (ULBs) in cities. The goal is "grassroots democracy," ensuring that planning and decision-making involve the people they affect most. By mandating regular elections and reserving seats for women and marginalized communities, decentralization aims to make governance more inclusive and accountable.

She continued with The "Basic Structure" as a judicial innovation born from the landmark Kesavananda Bharati case (1973). While Article 368 gives Parliament the power to amend the Constitution, the Supreme Court ruled that this power is not absolute. Parliament cannot alter the "basic features" that form the foundation of the Constitution. Key elements often cited as part of the basic structure include: Supremacy of the Constitution, Secularism and Democracy, Separation of Powers, Judicial Review.

She also threw light on Article 368, the Indian Constitution provides a unique "flexi-rigid" amendment process. There are three paths: Simple Majority: For minor changes (like names of states). Special Majority: Requires a 2/3rd majority of members present and voting (and a majority of total membership) for most provisions. Special Majority + State Ratification: For federal matters, at least half of the State Legislatures must also agree. This ensures the Constitution remains a "living document," capable of adapting to the needs of a changing society while protecting its core values.

Advocate Shraddha went on to explain The Election Commission of India (ECI) established under Article 324 is an autonomous constitutional body responsible for conducting free and fair elections to the Parliament, State Legislatures, and the offices of the President and Vice-President. It is a multi-member body consisting of a Chief Election Commissioner (CEC) and two Election Commissioners, appointed by the President. It serves as the watchdog of India’s representative democracy. 

She explained that to maintain the "merit system" in the Indian bureaucracy, the Constitution (Articles 315–323) provides for a Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC).

She also continued speaking about affirmative action in India as a tool for social justice aimed at rectifying historical disadvantages faced by marginalized communities. It is primarily implemented through Reservations. Provisions like Article 15(4) and Article 16(4) empower the state to make special provisions for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).

The session was very informative and knowledge imparting with the equal participation from the students.