CONSTITUTIONAL LAW -II

Course Code: LAW 1802

Credits: 03

Course Objectives:
1. To familiarize the students with the organization, Powers and Functions of the various Organs of
the Government.
2. To critically analyze the significant judicial decisions highlighting judicial restraint on the powers
of legislature and executive
3. Examine the expanding role of judiciary through judicial passivity, judicial activism and judicial
balancing.

Learning Outcomes:
1. Identify the distribution of powers between legislature, executive and judiciary.
2. Analyze the provisions of the constitution with respect to the functions performed by
each organ of the Government.
3. Undertake a case study of critical analysis of the use of power by each organ of the
Government and evaluate the results and doctrines established.
4. Critical analysis of the evolutionary case study relating to power exercised by the
judiciary to keep a check on the laws passed by the legislature.
Scheme: This course is comprised of about 40 lectures of one-hour duration divided into four
Units with 8-10 lectures in each Unit.
Course Contents:
UNIT I: Constitutional Organs in India
Parliament: Composition, Sovereignty; Privileges; Anti Defection Law
1. Jaya Bachchan v. Union of India AIR 2006 SC 2119 (Office of Profit)
2. Raja Ram Pal v. Honble Speaker, Lok Sabha (2007)3 SCC 184 (cash for vote scam)
3. M.S.M. Sharma v. Sinha (I) AIR 1959 SC 359 (Searchlight case)
4. Kihota Hollohan v. Zuchilhu AIR 1993 SC 412 (anti-defection law)
5. Jagjit Singh v. State of Haryana (2006) 11 SCC 1 (defection by a single member party)
State Legislatures: Composition; Privileges

6. Ashok Pandey v. K. Mayawati AIR 2007 SC 2259 (appointment of member of Rajya Sabha as
CM)
7. Rameshwar Prasad v. Union of India AIR 2006 SC 980
Executive: Powers and Position of the President, Privileges of the President; Principle of Collective
Responsibility
8. B. R. Kapur v. State of Tamil Nadu AIR 2001 SC 3435 (convicted person disqualified to be CM)
9. S. P. Anand, Indore v. H. D. Deve Gowda AIR 1997 SC 272 (appointment of non-member as PM
or COM)
10. D. C. Wadhwa v. State of Bihar, AIR 1987 SC 579

UNIT II: Judiciary and Services in India

Constitutional Organs (contd.):
Judiciary - Jurisdiction of Supreme Court and High Courts; Independence of Judiciary; Public Interest
Litigation; Judicial Review; Doctrine of stare decisis
11. Re Arundhati Roy AIR 2002 SC 1375 (Contempt of Court and Advisory Jurisdiction)
12. S.P. Gupta v. President of India, AIR 1982 SC 149
13. Re Presidential reference case AIR 1999 SC 1 (Appointment and Transfer of Judges)
14. Columbia Sportwear Company v. DIT, Bangalore (2012)11 SCC 224 (Special Leave petition u/A
136)
15. Shankar Raju v. Union of India (2011)2 SCC 132 (Doctrine of stare decisis)
Services under the State: All India Services; Public Service Commissions; Doctrine of Pleasure
16. Purshottam Lal Dhinra v. Union of India AIR 1958 SC 36 (Doctrine of Pleasure)
17. Dhananjay v. Chief Executive Officer, Zila Parishad, Jalna AIR 2003 SC 1175 (Suspension u/A
311)

UNIT III: Centre State Relations

Distribution of Powers between the Centre and the States: Doctrines of Territorial Nexus, Harmonious
Construction, Pith and Substance, Colourable Legislation and Repugnancy
18. Godfrey Philips India Ltd. v. State of UP (2005) 2 SCC 515 (Rule of Harmonious Construction)
19. Prafulla Kumar Mukherjee v. Bank of Commerce Ltd., Khulna, AIR 1947 PC 60 (Doctrine of
Pith and Substance)
20. Bharat Hydro Power Corporation Ltd. v. State of Assam AIR 2004 SC 3173 (Doctrine of
Repugnancy)
21. Prof. Yashpal v. State of Chhattisgarh AIR 2005 SC 2026 (Doctrine of Colourable Legislation)
22. Grand Kakatiya Sheraton Hotel and Towers Employees & Workers Union v. Srinivasa Resorts
Ltd. AIR 2009 SC 2337 (Doctrine of Occupied field)
Freedom of Interstate Trade, Commerce and Inter course
23. Atiabari Tea Company Ltd. v. State of Assam AIR 1961 SC 232

24. Jindal Stainless Ltd. v. State of Haryana, AIR 2006 SC 2550

UNIT IV: Emergency and Amendment under the Constitution

Emergency Provisions: National, State and Financial; Emergency and Fundamental Rights
25. S. R. Bommai v. Union of India AIR 1994 SC 1918 (landmark reference)
26. Rameshwar Prasad (VI) v. Union of India AIR 2006 SC 980
Amendment of the Constitution: Procedure; Doctrine of Prospective Overruling; Doctrine of Basic
structure
27. Shankari Prasad v. Union of India, AIR 1951 SC 458
28. Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845
29. Golak Nath v. State of Punjab AIR 1967 SC 1643
30. Keshavananda Bharati v. State of Kerala AIR 1973 SC 1461
31. Minerva Mills Ltd. v. Union of India AIR 1980 SC 1789
32. Kihota Hollohon v. Zuchilhu, AIR 191993 SC 412
33. L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
34. I.R.Coelho v. State of Tamil Nadu, AIR 2007 SC 861

Pedagogy:
The application of specific pedagogy is motivated from the fact that strong foundations need to
be developed. Pedagogy for the module has to take care of two things. Firstly, a constant
interaction among students and tutor is required, involving students in active and participative
manner. Secondly, an instructive strategy is required to understand implications emphasising
learning by doing. Thus, in this module following pedagogical approaches are adopted:

Student Lecture and Presentation: To support the development of theoretical construct.

Writing exercises to enable students to employ and hone their learning.

Case Study Method: to enable the students understand the gradual development of law
by the judiciary.

Examination Scheme:
Component of Evaluation

CC

MT

CP

EE

Weightage (%)
10
20
10
60
CC: Class Participation and Conduct; MT: Mid Term; CP: Case Presentation; EE: End Term
Examination

Suggested Readings:
Statutes:
Professionals, The Constitution of India: Bare Act with Short Notes, 2015.
Prescribed Books:
M.P.JAIN, INDIAN CONSTITUTIONAL LAW (Lexis Nexis, ed. 2015).
J.N.PANDEY, CONSTITUTIONAL LAW OF INDIA (Central Law Agency, Allahabad, ed. 2015).
Reference Books:
H.M.SEERVAI, CONSTITUTIONAL LAW OF INDIA (in 3 Volumes), (Universal Law Publishing;
Fourth edition).