408179882176947568213$5 1REFNOSem IV 2BAL401 Constitutional Law II

Course Code : 2BAL401 Course Name : Constitutional Law II
Course Coordinator: Asha Verma

Co- Faculties:
Prof. (Dr.) Purvi Pokhariyal Dr. Nitesh Saraswat
Nirma University
Institute of Law
Course: Constitutional Law II

Course Code: 2BL401
B.A. LL.B.(Hons.)
Semester-IV
Even Semester (Jan –June 2011)
Course Module
Course Co-ordinator: Mrs. Asha Verma (Asst. Prof.)

Co- Faculties: Prof. (Dr.) Purvi Pokhariyal
Dr. Nitesh Saraswat
1
Even semester Jan to Jun 2011.
Co- Faculties:
Nirma University
Institute of Law
Co-Course Coordinator: Ms Asha Verma

Co- Faculties: Prof.( Dr). Purvi Pokhariyal , Dr. Nitesh Saraswat
Introduction
India is a democracy and her Constitution embodies the main principles of the democratic
government- how it comes into being, what are its powers, functions, responsibilities and
obligation. Constitution of India is the fundamental law of the country and all other laws
and institutions derive their legitimacy from the provisions of the Constitution. A good
understanding of the Constitution and the law, which has developed through constitutional
amendments, judicial decisions, constitutional practice and conventions is, therefore,
absolutely necessary for a student of law.
The purpose of teaching constitutional law is to highlight its never-ending growth.
Constitutional interpretation is bound to be influenced by one's social, economic or
political predilections. A student must, therefore, learn how various interpretations of the
constitution are possible and why a significant interpretation was adopted in a particular
situation. Such a critical approach is necessary requirement in the study of constitutional
law.
It is also necessary to understand that in the contemporary world does India needs a new
constitution? Some seminal issues relating to higher judiciary are to be discussed. What are
the different types of center state relationships? How to achieve inexpensive and speedy
justice? These are some of the key issues to be discussed in this course.
Objectives:
This is a course on governance under the Indian Constitutional Scheme. How is

State power organized and administered? What are the structures and organs of government
and what are their relative roles and functions? The mechanics of constitutional
government and the dynamics of checks and balances form a major focus of the course.
Problems revealed in the actual working of the Constitution and the alternate choices
thrown up will also be discussed in a comparative perspective.
 To examine the historical evolution of constitutional doctrines and norms.

 To acquaint the students with the frame work and principal functions of the organs
of the Government of a State.
 To make the students understand the interpretation of constitutional provisions laid
down through judicial process.
 To enable the students to compare and analyse both earlier and contemporary
approach to the Constitution.
 To develop the spirit of inquiry and analogical deductions drawn from the various
2
Co- Faculties:
provisions of the Constitution.

 To review the judicial pronouncements and co related amendments and the over all
on going tussle between Parliament and Judiciary.
 To develop ability in the students to present arguments for or against, and make an
 objective assessment of the constitutionality of executive and legislative acts of the

state.
Teaching –Learning Methodology
1. Lecture Method
2. Discussion Method
3. Case Review
4. Class Presentation
5. Guest Lecture/Expert Lecture
6. Moot Problem Study
7. Problem solving method
Unit 1: Federalism
1.1 Concept of Federalism: Origin, need and development of Federalism.

1.2 Nature of Indian Federalism: Federal, Unitary, Quasi- Federal, Cooperative federalism
Suggested reading:
1. Jain M. P., Indian Constitutional Law, 5th edition, pp. 477-478 Wadhwa, Nagpur
2. V.N. Shukla, Constitution of India, 11th ed., pp. A 28-A 35 EBC, Lucknow
3. K.C. Wheare, Modern Constitutions, 3rd ed., pp. 1-51
4. Granville Austin, The Indian Constitution: Cornerstone of a Nation, OUP,
Chapter 8-11.
5. H M Seeravi, Constitutional Law of India, (2002). pp. 283-303
List of Articles-
 Reform”(Working Paper No. 108) Centre for Research on Economic
Development and Policy Reform, 2001).
 M P Singh, “Federalism, Democracy and Human Rights: Some
Reflections,” JILI, Oct. – Dec 2005 M Govinda Rao and Nirvikar Singh,
“Federalism in India: Political Economy and, p. 429
 V G Palshikar, “Federal Structure Of The Constitution Of India And Indian
Judiciary,” AIR Vol 84 Part 1004 August 1997 P J113
Case Laws:
1. S. R. Bommai v. Union of India AIR 1994 SC 1918
2. Kuldip Nayar v. Union of India AIR 2006 SC 3127
3
Co- Faculties:
Unit 2: Legislative Relations
2.1.1 Legislative Powers and its Distribution between Union and States- Articles 245-
254, Schedule VII
2.1.2 Doctrine of territorial nexus (Article 245)
2.1.3 Legislative Competency- Subject-matter of laws made by Parliament and by the
2.1.4 Legislatures of States(Article 246)
2.1.5 Interpretation of legislative lists:
(i) Plenary and Ancillary Power of Legislation
(ii) Doctrine of pith and substance
(iii) Doctrine of harmonious construction
(iv) Colourable exercise of Legislative Power
2.2 Residuary Powers (Article 248)
2.3 Parliamentary Legislation in the State field (Article 249, 250, 252, 253)
2.4 Doctrine of repugnancy (Article 254)
2.5 Center’s Control over State Legislation
Suggested reading:
1. Jain M. P., Indian Constitutional Law, 5th edition, page no. 479 to 567, Wadhwa,
Nagpur.
Article-
 Tony Blackshield, “Working The Metaphor : The Contrasting Use Of ‘Pith
And Substance’ In Indian And Australian Law,” Journal Of Indian Law
Institute Vol 50 No 4 October -December 2008 P 2008
Case Laws:
1. State of Bombay v. R. M. D. C., AIR 1957 SC 699

2. Tata Iron & Steel Co. Ltd. v. State of Bihar, AIR 1958 SC
3. In Re C P & Berar Sales of Motor Spirit & Lubricants Taxation Act, 1938, AIR
1939 FC 1
4. Gujarat University v. Krishna Ranganath Mudholkar, AIR 1963 SC 703
5. State of Karnataka v. M/s. Drive-in Enterprises, AIR 2001 SC 1328
6. State of West Bengal v. Union of India (AIR 1963 SC 1241)
7. Re Berubari Union ((AIR 1960 SC 845)
8. Prafullakumar v. Bank of Commerce (AIR 1947 PC 60)
9. Union of Inida v. H. S. Dhillon (AIR 1972 SC 1061)
10. M. Karunadhi v. Union of India (AIR 1979 SC 898)
11. K.C. Gajapati Narayan Deo v. State of Orissa, AIR 1953 SC 375
12. International Tourist Corporation v. State of Haryana (1981) 2 SCC 318
13. P. B. Samnat v. Union of India (AIR 1994 Bom. 323)
14. Hoechst Pharmaceuticals Ltd. v. State of Bihar, AIR 1983 SC 1019
15. Vijay Kumar Sharma v. State of Karnataka, (1990) 2 SC 562
16. Art. 254: The Text is Explicit, P.K. Tripathi, AIR1986 J 17
4
Co- Faculties:
17. Attorney General for India v. Amritlal Prajivandad JT 1994 (3) S.C. 583
18. Municipal Committee, Patiala v. Model Town Residents Assocn. AIR 2007 SC 2844
Unit 3: Administrative Relations (Article 256-263)
3.1.1 Control of the Union & State Obligation (Article 256, 257)
3.1.2 Delegation of Functions by Union to State Governments (Art. 258, 258 A)
3.1.3 Control of territories out side India (Article 260)
3.1.4 Full faith & Credit to Public Act, records and judicial proceedings (Article 261)
3.1.5 Disputes relating to water (Article 262)
3.1.6 Coordination between States: Zonal Council, Inter State Council
Suggested reading:
1. J. N. Pande, The Constitutional law of India, 45th edition, page No 617 to 622
Central Law Agency
2. Jain M. P., Indian Constitutional Law, 5th edition, page no.653 to 672, Wadhwa,
Nagpur
3. R Vasudev Pillai: Regulation And Development Of Water Resources Under The
Constitution Of India , AIR Vol 86 Part 1029 September 1999 P J181
Case Laws:
1. Jayantilal Amratlal Shodhan v. F. N. Rana & Others (AIR 1964 SC 648)

2. State of Bihar v. Union of India ((AIR 1970 SC 1446)
3. State of Karanataka v. Union of India (AIR 1978 SC 68)
Unit 4: Financial Relations (Article 264-291)
4.1. Power to Tax: revenue & expenditure – Articles 265, 282

4.2. Consolidated fund, Public Accounts & Contingency Fund, Articles 266, 267.
4.3. Revenue Sharing between Union and the States, Articles 268-281.
4.4. Restrictions on State’ Taxing Power ( Articloe4 286)
4.5. Finance Commission (Article 280)
4.6. Inter Government Tax Immunities : Doctrine of Immunity of
Instrumentalities(Article 285, 289)
4.7. Borrowings – Article 292-293.
4.8. Annual financial statement & Appropriation Bills – Articles 112, 114 and 202, 204
4.9. Accounting System
4.10. Votes on Account and Exceptional Grants. Articles 116 & 206.
4.11. Fiscal discipline & accountability (FRBMA)
4.12. CAG, Articles 148-151
4.13. Centre State Relation: An Evolution-Recommendation of Sarkaria
Commission,
5
Co- Faculties:
Suggested reading:
Central Law Agency
Nagpur
Case Laws:
1. Kunnat Thatunni Moopil v. State of Kerala (AIR 1961 SC 552)
2. Builders Association of India v. Union of India (AIR 1989 SC 1371)
Unit 5: Trade Commerce and Intercourse
5.1 Interstate and Intra State Commerce – Articles 301-307.

5.2 Relation between Part III & Part XIII.
5.3 Commercial intercourse vis-à-vis Federalism.
Suggested reading:
Central Law Agency
Nagpur
3. S K Verma, “Globalisation Marketisation And Constitutional Mandate,”
Journal Of Indian Law Institute Vol 42 No 2-4 April -December 2000 P 395
Case Laws:
1. Atiabari Tea CO. Ltd. V. State of Assam (AIR 1961 SC 232)

2. Automobile Transport v. State of Rajasthan (AIR 1962 SC 1406)
3. Jindal Stainless Ltd. v. State of Haryana, AIR 2006 SC 2550
4. Shree Mahavir Oil Mills v. State of J. & K. (1996) 11 SCC 39
5. M/s Video Electronics (Pvt.) Ltd. State of Punjab, AIR 1990 SC 820
Unit 6: Emergency Provisions & its impact on Federal Structure
6.1 National Emergency- Articles 352-355.

6.2 Failure of Constitutional Machinery – Articles 356-357.
6.3 Civil Liberties and Emergency – Articles 358-359
6.4 Financial Emergency- Article 360
Suggested reading:
6
Co- Faculties:
Central Law Agency
Nagpur
3. Nilay Vipinchandra Anjaria, “Article 356 : Viewing In Right Perspective,” AIR
Vol 86 Part 1032 December 1999 P J241
4. Anil K Dubey, “Constitutional Machinery : Failure Of Farce,” AIR Vol 88 Part
1046 February 2001 P J46
Case Laws:
1. Makhan Singh v. State of Punjab (AIR 1964 SC 381)

2. D. M. Jabalpur v. Shivkant Shukla (AIR 1976 SC 1207)
3. State of Rajasthan v. Union of India (AIR 1977 SC 1361)
4. S. R. Bombai v. Union of India (1994) 3 SCC 1
5. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Unit7: Union & State Executive

7.1 Executive Power of the Union-Articles 53, 72-75, 77
7.2 Executive Power of the States – Articles 154, 161-164, 166
7.3 Legislative Power of the Executive – Articles 72, 161
7.4 Judicial Power of the Executive – Articles 72, 161
7.5 Executive Power & Federalism – Articles 256-258A, 263, 365
7.6 Civil Services-Articles 309-311
Suggested reading:
1. J. N. Pande, The Constitutional law of India, 45th edition, page No 411 to 470 & 513
to 539 Central Law Agency
2. Jain M. P., Indian Constitutional Law, 5th edition, page no. 21 to 84, & 122 to 188 &
294 to 371, Wadhwa, Nagpur
3. Dr. Raghunath Patnaik, “Dissolution of Lok Sabha,” Central India Law Quarterly
(1996) p. 296
4. P P Bhattacharya, “President Of India Vis-A-Vis Union Council Of Ministers :
Constitutional Position - An Overview,” AIR Vol 82 Part 984 December 1995 P
J150
5. S P Sinha, “Office Of The Governor And Its Profile,” AIR Vol 79 Part 945
September 1992 P J137
Case Laws:
1. Ram Jawaya Kapoor v. State of Punjab (AIR 1955 Sc 549)

2. Dr. N. B. Khare v. Election Commissioner of India (AIR 1957 SC 694)
3. Re Presidential Elections (AIR 1974 SC 1982)
4. R. K. Garg v. Union of India (AIR 1981 SC 2139)
5. D. C. Wadhwa v. State of Bihar (1987) 1 SCC 378
7
Co- Faculties:
6. K. M. Nanawati v. State of Bombay (AIR 1961 SC 112)

7. Sher Singh v. State of Punjab (AIR 1983 SC 3610
8. Kehar Singh v. Union of India-Indira Gandhi Assassination Case (AIR 1989 SC
653)
9. U. N. Rao v. Indira Gabdhi (AIR 1971 SC 1002)
10. Jaya Bachhan v. Union of Inida (AIR 2006 SC 2219)
11. Kihota Hollohon v. Zachilhu (1992) 1 SCC 309
12. S.P. Anand v. H.D. Deve Gowda, AIR 1997 SC 272
13. Samsher Singh v. State of Punjab, AIR 1974 SC 212
14. M.P. Special Police Establishment v. State of M.P., (2004) 8 SCC 788 88
15. Epuru Sudhakar v. Govt. of A.P., AIR 2006 SC 338
16. Rameshwar Prasad v. Union of India, AIR 2006 SC 980
Unit 8: Privileges of Legislatures

8.1 Freedom of Speech
8.2 Right of Publication of its Proceedings
8.3 Other Privileges
Case Laws:
1. M. S. M. Sharma v. Dr. Krishna Sinha AIR 1960 SC 1186
2. In re Keshav Singh, AIR 1965 SC 745
3. P. V. Narsimha Rao v. State (CBI/SPE) AIR 1998 SC 2120
4. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184
Suggested reading:
Central Law Agency
Nagpur
3. R.F.V. Heuston, Essays in Constitutional Law, (Universal, 2nd Ed. 1964)pp. 82-100
4. K C Joshi, “Tenth Schedule Of The Constitution And The Chairman Of Council Of
States,” Vol 78 Part 934 October 1991 P 153
5. Shobha Saxena, “Parliamentary Privileges And The JMM Case AIR Vol 87 Part
1034 February 2000 P J26
6. Balwant Singh Malik, “P.V. Narasimha Rao V. State : A Critique,” SCC Vol 8 Part
1 1998 P J1
7. K C Joshi, “Parliamentary Privileges : A Sword Or A Shield,” Journal Of Indian
Law Institute Vol 42 No 2-4 April -December 2000 P 422
Unit 9: Local Self Government
9.1 Panchayats – Article 243-243 (O)
9.2 Municipalities – Paet IX A of the Constitution , Article 243 (P)-243ZG
Suggested reading:
Central Law Agency
8
Co- Faculties:
Nagpur
3. Vijay Kumar, “The Constitutional Status Of Panchayats - Old Wine In A New
Bottle,” AIR Vol 83 Part 995 November 1996 P 171
Case Laws:
1. Sarswati Devi v. Shanti Devi (AIR 1997 Sc 145)
2. Kishansing Tomar v. Municipal Corporation of Ahemdabad (AIR 2007 SC 269)
Unit 10: Union & State Judiciary

10.1 Union and State Judiciary- Article 32, 131-144, 226, 228, 233-237
10.2 Writ Jurisdiction:
(i) Locus Standi, Public Interest Litigation (Concept of pro bono publico)
(ii) Laches
(iii) Res Judicata
(iv) Exhaustion of Alternative Remedies
10.3 Judicial Review and PIL
10.4 ‘Curative Petition’
Case Laws:
1. Sakal Chand Seth v. State of Gujarat (AIR 1977 SC 2328)
2. S. P. Gupta v. Union of India-Judges Transfer Case (AIR 1982 SC 149)
3. S. C. Advocate on Record Association v. Union of India (1993) 4 SCC 441
4. Re Presidential Reference (AIR 1999 SC 1)
5. C. Ravi Chandran Iyer v. Justice A. M. Bhattacharji (1995) 5 SCC 457
6. Delhi Judicial Service Association v. State of Gujarat(1991) 4 SCC 406
7. Mohd. Aslam v. Union of Inida (1994) 6 SCC 442
8. Sukh Deo narain v. State of Rajstahn (1984) 4 SCC
9. Ismail Faruki v. Union of Inida (1994) 6 SCC 360
10. Bengal Immunity Co. v. State of Bihar (AIR 1955 SC 661)
11. L. C. Golak Nath v. State of Punjab (AIR 1967 SC 1643)
12. Keshavanand Bharti v. State of Kerala (AIR 1973 SC 1461)
13. Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388 : AIR 2002 SC 1771
14. Zakarius Lakra v. Union of India (2005) 3 SCC 161
Suggested reading:
1. J. N. Pande, The Constitutional law of India, 45th edition, page No 471 to 512 &
547 to 580 Central Law Agency
2. Jain M. P., Indian Constitutional Law, 5th edition, page no. 190 to 288 & 372 478,
Wadhwa, Nagpur
3. Markandey Katju, “Contempt Of Court: The Need For A Fresh Look,” AIR Vol 94
Part 1119 March 2007 P 33
4. Amit Sachdeva, "How Substantial Is The Substantial Question Of Law For
Entertaining Under Article 136 Of The Constitution". AIR Vol 93 Part 1114
October 2006 P 145
5. R Prakash, “Complete Justice Under Article 142,” AIR Vol 7 Part 2 October
2001 P J14
6. V V Upadhyaya, “Judicial Activism - Its Origin And Relevance,” AIR Vol 84
9
Co- Faculties:
Part 1005 September 1997 P J140

7. J S Verma, “Constitutional Obligation Of The Judiciary,” AIR Vol 84 Part 1006
October 1997 P J161
8. M P Singh, "Merit" In The Appointment Of Judges,” SCC Vol 8 Part 2 And 3
December 1999 P J1
9. M S Padmarajaiah, “Appointment Of Judges Of High Courts & Supreme Court Of
India,” AIR Vol 86 Part 1030 October 1999 P J193
10. K L Bhatia, “Judicial Independence And Judicial Appointment : Independence
From External And Internal Control,” AIR Vol 87 Part 1035 March 2000 P
J33
11. R J Kochar, “Letters Patent Appeal - Higher Court Within The High Court,” AIR
Vol 89 Part 1059 March 2002 P J68
12. A K Avasthi, “Dualistic Interpretation Of Consultation (A Critique On K.P.
Mohapatra V. Ram Chandra Nayak AIR 2002 SC 3578)
AIR Vol 90 Part 1076 August 2003 P J241
13. T Trivedi, “Two Incongruous Decisions Of The Apex Court,” AIR Vol 80 Part
949 January 1993 P J7
14. Ruma Pal, “Judicial Oversight Or Overreach: The Role Of The Judiciary In
Contemporary India,” SCC Vol 7 Part 2 August 2008 P 9
15. T R Andhyarujina, “Studying The U.S. Supreme Court's Working,” SCC Vol 4
Part 1 July 1994 P J1
16. J S Verma, “Independence Of Judiciary Some Latent Dangers,” SCC Vol 6
1995 P Js1
17. J S Verma, “New Dimensions Of Justice : B N Datar Centenary Endowment
Lecture” SCC Vol 3 Part 1&2 April 1997 P J3
18. A M Ahmadi, “Judicial Process : Social Legitimacy And Institutional Viability
SCC Vol 4 Part 2 July 1996
19. M N Rao, “Judicial Activism,” SCC Vol 8 Part 3 1997 P J1
20. J S Verma, “Constitutional Obligation Of The Judiciary : R.C. Ghiya Memorial
Lecture,” SCC Vol 7 Part 2 October 1997 P Js1
21. Pooja Jha, “Supreme Court's Advisory Jurisdiction Under Article 143,” Journal Of
Indian Law Institute Vol 42 No 2-4 April -December 2000 P 458
Unit 11: Tribunals
11.1 Administrative Tribunals for Service matter (Article 323 A)

11.2 Tribunals for other matters (Article 323 B)
Suggested reading:
Central Law Agency
Nagpur
Case Laws:
10
Co- Faculties:
1. S. P. Sampath Kumar v. Union of India (1987) 1 SCC 124

2. L Chandra Kumar v. Union of India (AIR 1997 SC 1125)
Unit 12: Amendment of the Constitution

12.1 Power & Procedure of Amendment- Article 368.
12.2 Plenary & constituent powers.
12.3 Basic feature doctrine
Suggested reading:
Central Law Agency
Nagpur
3. Smarika Singh, “Minerva Mills ; Embargo On Basic Structure Strengthened,” AIR
Vol 92 Part 1095 March 2005 P J-97
4. K N Goyal, “Some Amendments We The People Could Do With,” Journal Of
Indian Law Institute Vol 44 No 3 July -September 2002 P 380
5. Nilay Anjaria, “Wisdom Of Supreme Court : Political Jurisprudence Via
Constitutional Adjudication,” AIR Vol 92 Part 1093 January 2005 P J-22
6. K N Goyal, “Some Amendments We The People Could Do With,” AIR Vol 87
Part 1036 April 2000 P J58
Case Laws:
1. Shakari Prasad v. Union of Inida (AIR 1951 SC 455)
2. Sajjan Singh v. Sttae of Rajstahn (AIR 1965 Sc 845
3. L. C. Golak Nath v. State of Punjab (AIR 1967 SC 1643)
4. Keshavanand Bharti v. State of Kerala (AIR 1973 SC 1461)
5. M. Nagraj v. Union of India (AIR 2007 SC 71)
6. Indira Nehru Gandhi v. Raj Narain (AIR 1975 SC 2299)
7. Minerva Mills v. Union of Inida (AIR 1980 SC 1789)
8. Waman Rao v. Union of India (AIR 1981 SC 271)
9. S. P. Sampath Kumar v. Union of India (1987) 1 SCC 124
10. L Chandra Kumar v. Union of India (AIR 1997 SC 1125)
11. I. R. Cohelo v. State of Tamil Nadu (AIR 2007 SC 8617)
Unit 13: Authorities under Indian Constitution

 Finance Commission – Articles 280
 Election Commission – Article 324-329
 Inter State Council – Articles 263
 Inter State Water Disputes – Article 262
 Public Service Commission – Articles 315-323
References:
11
Co- Faculties:
Prescribed Books:
1. The Constitution of India- Bare Act

2. M.P. Jain, Indian Constitutional Law (5th ed., 2003)
3. Mahendra P. Singh, V. N. Shukla’s Constitution of India (11th ed., 2008)
4. J. N. Pandey, Constitutional Law of India (47th Ed, 2010)
Reference Books:
1. H.M. Seervai, Constitutional Law of India (4th ed., Vol 1 (1991), Vol. 2 (1993), Vol.3
(1996)
2. D.D. Basu, Shorter Constitution of India (14th ed., 2009)
3. V.D. Sebastian, Indian Federalism the Legislative Conflicts (1985).
4. B. Shiva Rao, The Framing of India’s Constitution – Select Documents (1967)
5. Granville Austin, Indian Constitution: Corner stone of the nation (1966)
6. Granville Austin, Working a Democratic Constitution - A History of the Indian
Experience (1999)
Report:
1. Report of the Commission on Centre – State Relation’s(Sarkaria Commission)(1987)

2. M. M. Punchi Commission recommendation on Centre State Relation
3. Report of the National Commission to Review the Working of the Constitution(2002)
Journals
1. Journal of Indian Law Institute

2. Indian Bar Review
3. Journal of Constitutional Law & Parliamentary Affairs
Articles*
 George H. Gadbois, Jr. and Mool Chand Sharma, Law students evaluate the
Supreme Court--a case of enchantment, Journal of the Indian Law Institute
Volume 31 January-March
 P. K. Tripathi, Rule of law, Democracy, and the Frontiers of Judicial
Activism
 Arvind P. Datar, Our Constitution and its self-inflicted wounds
 S. P. Sathe, ‘India : From Positivism to Structuralism’ in J Goldsworthy (ed.)
Interpreting Constitutions: A Comparative Study (OUP, 2006) pp. 215-265
 H R Khanna: Constitution Of India - Need For Fresh Look
20 December 1998 P J195
 K N Goyal: Some Amendments We The People Could Do With

Journal Of Indian Law Institute Vol 44 No 3 July -September 2002 P
380
 K C Joshi: Parliamentary Privileges : A Sword Or A Shield
Journal Of Indian Law Institute Vol 42 No 2-4 April -December
2000 P 422
12
Co- Faculties:
 Pooja Jha: Supreme Court's Advisory Jurisdiction Under Article 143

Journal Of Indian Law Institute Vol 42 No 2-4 April -December 2000
P 458
 S K Verma: Globalisation Marketisation And Constitutional Mandate
Journal Of Indian Law Institute Vol 42 No 2-4 April -December 2000
P 395
 Michael Kirby: Modes Of Appointment And Training Of Judges : A
Common Law Perspective
Journal Of Indian Law Institute Vol 41 No 2 April -June 1999 P 147
 K.G. Balakrishnan: Judiciary In India : Problems And Prospects , Journal

Of Indian Law Institute Vol 50 No 4 October -December 2008 P
 N.R. Madhav Menon: Evaluating Judicial Performance : A Consumer

Journal Of Indian Law Institute Vol 50 No 4 October -December
2008 P 468
 Tony Blackshield: Working The Metaphor : The Contrasting Use Of "Pith
And Substance" In Indian And Australian Law
Journal Of Indian Law Institute Vol 50 No 4 October -December
2008 P 2008
 D M Dharmadhikari: Nature Of Judicial Process Supreme Court Cases
Vol 6 Part 6 September 2002 P J1
 R Prakash: Complete Justice Under Article 142 Supreme Court Cases
Vol 7 Part 2 October 2001 P J14
 M P Singh: "Merit" In The Appointment Of Judges Supreme Court Cases
Vol 8 Part 2 And 3 December 1999 P J1
 J S Verma: Constitutional Obligation Of The Judiciary : R.C. Ghiya
Memorial Lecture Supreme Court Cases Vol 7 Part 2 October 1997 P
Js1
 M N Rao: Judicial Activism Supreme Court Cases Vol 8 Part 3
1997 P J1
 A M Ahmadi: Judicial Process : Social Legitimacy And Institutional
Viability Supreme Court Cases Vol 4 Part 2 July 1996
 Balwant Singh Malik: P.V. Narasimha Rao V. State : A Critique
Supreme Court Cases Vol 8 Part 1 1998 P J1
 J S Verma: New Dimensions Of Justice : B N Datar Centenary
Endowment Lecture Supreme Court Cases Vol 3 Part 1&2 April 1997
P J3
 J S Verma: Independence Of Judiciary Some Latent Dangers, Supreme
Court Cases Vol 6 1995 P Js1
 T R Andhyarujina: Studying The U.S. Supreme Court's Working.
Supreme Court Cases Vol 4 Part 1 July 1994 P J1
 Ruma Pal: Judicial Oversight Or Overreach: The Role Of The Judiciary In
Contemporary India Supreme Court Cases Vol 7 Part 2 August 2008
P 9
13
Co- Faculties:
 S P Sinha: Office Of The Governor And Its Profile All India Reporter
Vol 79 Part 945 September 1992 P J137
 T Trivedi: Two Incongruous Decisions Of The Apex Court All India
Reporter Vol 80 Part 949 January 1993 P J7
 A K Avasthi: Dualistic Interpretation Of Consultation (A Critique On K.P.
Mohapatra V. Ram Chandra Nayak Air 2002 Sc 3578) All India Reporter
Vol 90 Part 1076 August 2003 P J241
 Veena Madhav Tonapi: Reading Limitations Into The Controversial
Article 164(4) Of Constitution (With Special Reference To B.R. Kapoor V.
State Of T.N. Air 2001 Sc 3435) All India Reporter Vol 89 Part 1065
 R J Kochar: Letters Patent Appeal - Higher Court Within The High Court
All India Reporter Vol 89 Part 1059 March 2002 P J68
 J N Bhatt: Us Supreme Court - Dimensions And Dynamics All India
Reporter Vol 88 Part 1045 January 2001 P J28
 Anil K Dubey: Constitutional Machinery : Failure Of Farce All India
Reporter Vol 88 Part 1046 February 2001 P J46
 Shobha Saxena: Parliamentary Privileges And The Jmm Case All India
Reporter Vol 87 Part 1034 February 2000 P J26
 K L Bhatia: Judicial Independence And Judicial Appointment
:Independence From External And Internal Control All India Reporter Vol
87 Part 1035 March 2000 P J33
 K N Goyal: Some Amendments We The People Could Do With
All India Reporter Vol 87 Part 1036 April 2000 P J58
 M S Padmarajaiah: Appointment Of Judges Of High Courts & Supreme
Court Of India All India Reporter Vol 86 Part 1030 October 1999 P
J193
 Nilay Vipinchandra Anjaria: Article 356 : Viewing In Right Perspective
All India Reporter Vol 86 Part 1032 December 1999 P J241
 N K Raha: President's Rule Under The Indian Constitution
All India Reporter Vol 84 Part 1004 August 1997 P J117
 V G Palshikar: Federal Structure Of The Constitution Of India And Indian
Judiciary All India Reporter Vol 84 Part 1004 August 1997 P J113
 J S Verma: Constitutional Obligation Of The Judiciary All India Reporter
Vol 84 Part 1006 October 1997 P J161
 V V Upadhyaya: Judicial Activism - Its Origin And Relevance.
All India Reporter Vol 84 Part 1005 September 1997 P J140
 H R Khanna: Constitution Of India - Need For Fresh Look
All India Reporter Vol 85 Part 1020 December 1998 P J195
 Vijay Kumar: The Constitutional Status Of Panchayats - Old Wine In A
New Bottle. All India Reporter Vol 83 Part 995 November 1996 P
171
 P P Bhattacharya: President Of India Vis-A-Vis Union Council Of
Ministers : Constitutional Position - An Overview. All India Reporter Vol
82 Part 984 December 1995 P J150
14
Co- Faculties:
 K C Joshi: Tenth Schedule Of The Constitution And The Chairman Of

Council Of States. All India Reporter Vol 78 Part 934 October 1991 P
153
 Nilay Anjaria: Wisdom Of Supreme Court : Political Jurisprudence Via
Constitutional Adjudication All India Reporter Vol 92 Part 1093
January 2005 P J-22
 Smarika Singh: Minerva Mills ; Embargo On Basic Structure
Strengthened All India Reporter Vol 92 Part 1095 March 2005 P J-97
 Amit Sachdeva: "How Substantial Is The Substantial Question Of Law For

Entertaining Under Article 136 Of The Constitution".
All India Reporter Vol 93 Part 1114 October 2006 P 145
 Markandey Katju: Contempt Of Court: The Need For A Fresh Look
All India Reporter Vol 94 Part 1119 March 2007 P 33
 R Vasudev Pillai: Regulation And Development Of Water Resources
Under The Constitution Of India , All India Reporter Vol 86 Part 1029
Nirma University
Institute of Law
15
Co- Faculties:
Tutorial Planning
Proposed Clinical Exercise Duration
Sr.No
1` Discussion on the nature of the Indian constitution. The features that 1st week
are federal in nature will be discussed, as the students of IV th semester of
have already studied the nature of the Indian Constitution. January
To do the comparative study of all the federal constitutions of the world.
To study all the threats to the Indian federalism.
2. To study the concept of cooperative federalism. 2nd
A panel discussion on impact of globalisation on federalism week of
January
3. To study various doctrines of interpretation of lists through leading case 3rd week
laws. of
Students will be given the exercise to study all delegated legislations January
derived of the parent act.
4. Inter state water disputes is one of the debatable issue, so in tutorial class 4th week
we will discuss more about the disputes between various states regarding of
distribution of water and the regulatory authorities for resolving the January
disputes.
5. To prepare a chart of the amendments at the instance of the union by 1st week
simple majority and amendment at the instance of the state legislature. of
To study the limitations on amendment of the constitution. February
To study the frequency of the amendments.
6. To conduct a debate on Criminalisation of Politics. 2nd
To have a group discussion over the topic Electoral Reforms. week of
February
7. To write a conceptual note on few of the relevant topics like- 2nd week
Theory of basic structure. of
Delimitation of constituencies. February
Proportional Representation.
Constituition of election commission.
8. To write an essay on some contemporary issues. 3rd week

Internal seminar on some of the burning issues. of
february
9. In the classroom the students will be taught how to do the case 4th week
analysis. of
March
10. Group Activity . – Class will be divided into group of 4 students. They 1st week
will be assigned the task of presenting and writing the case analysis . List of April
will be provided in the class.
11. How to solve the problem based questions that will be taught in the 1st week
Tutorial class. of April
16
Co- Faculties:
12. Case Analysis and Case Presentation 2nd week

Article Analysis and Presentation of April
13. Problem based Question 2nd
week of
April
14. The students will be send to the library for the group activity. They will 3rd
be assigned the task of reading the constitutional debates on the topic week
Emergency. of April
15. Revision 4th week
of April
16. Quiz will be organised on the entire syllabus covered in the class till that 5th week
date. of April.
Note- Tutorial classes will be conducted by Ms. Asha Verma and Dr. Nitesh Saraswat. So
in each week 2 activities are indicated in the course module.
Lecture Planning of Ms. Asha Verma
Sss S.N Date Topic Lecture

th th
1. 5 to 8 January 5.1 Interstate and Intra State Commerce – 02
Articles 301-307.
th th
2. 10 to 14 January 5.2 Relation between Part III & Part XIII. 02
5.3 Commercial intercourse vis-à-vis
Federalism
3. 17th to 22ndJan &24th to 9.1Panchayats – Article 243-243 (O) 04
29thth January 9.2 Municipalities – Part IX A of the
Constitution , Article 243 (P)-243ZG
4. 1st to 4th Feb & 10.1Union and State Judiciary- Article 32, 02
7th to 11 th of February 131-144, 226, 228, 233-237
5. 14th to 18th of February 10.2Writ Jurisdiction: 02

&21st to 25th of (i) Locus Standi, Public Interest
February Litigation (Concept of pro bono
publico)
(ii) Laches
(iii) Res Judicata
(iv) Exhaustion of Alternative
Remedies
6. 28th to March to 2nd of 10.3 Judicial Review and PIL 02

April 10.4 ‘Curative Petition’
17
Co- Faculties:
7. 4th to 8th of April & 11th 11.1 Administrative Tribunals for Service 02
to 15th of April matter (Article 323 A)
11.2 Tribunals for other matters (Article 323
B)
8. 18th to 22nd of April & 12.1 Power & Procedure of Amendment- 02
25th to 29th of April Article 368.
2nd to 6th of May 12.2 Plenary & constituent powers. 02
9. 12.3 Basic feature doctrine
10. 10th to 14th May Finance Commission – Articles 280 02

Election Commission – Article 324-329
10th to 14th May Inter State Council – Articles 263 02
Inter State Water Disputes – Article 262
Public Service Commission – Articles 315-
323
Lecture Planning of Dr. Nitesh Saraswat.
1. 5th to 8th January 3.1 Control of the Union & State Obligation 02
(Article 256, 257)
3.2 Delegation of Functions by Union to State
Governments (Art. 258, 258 A)
2. 10th to 14th January 3.3 Control of territories out side India 03

(Article 260)
& 3.4 Full faith & Credit to Public Act, records
and judicial proceedings (Article 261)
17th to 22ndJan 3.5 Disputes relating to water (Article 262)
3.6 Coordination between States: Zonal
Council, Inter State Council
3. 24th to 29thth January 4.1 Power to Tax: revenue & expenditure – 06

Articles 265, 282
& 4.2 Consolidated fund, Public Accounts &
Contingency Fund, Articles 266, 267.
4.3 Revenue Sharing between Union and the
1st to 4th Feb. States, Articles 268-281.
4. 7th to 11th of February 4.4Restrictions on State’ Taxing Power 04

& Article 286)
14th to 18th of February 4.5 Finance Commission (Article 280)
18
Co- Faculties:
4.6 Inter Government Tax Immunities :

Doctrine of Immunity of
Instrumentalities(Article 285, 289)
5. 21st to 25th of February 4.7 Borrowings – Article 292-293. 04

& 4.8Annual financial statement &
28 March to 2nd of
th
Appropriation Bills – Articles 112, 114 and
April 202, 204
4.9Accounting System
4.10Votes on Account and Exceptional
Grants. Articles 116 & 206.
6. 4th to 8th of April 4.11 Fiscal discipline & accountability 01

(FRBMA)
4.12 CAG, Articles 148-151
7. 4th to 8th of April 4.13Centre State Relation: An Evolution- 01

Recommendation of Sarkaria Commission,
8. 11th to 15th of April & 8.1 Freedom of Speech 02
18th to 22nd of April 8.2 Right of Publication of its Proceedings
8.3 Other Privileges
Lecture Planning of Prof. (Dr.) Purvi Pokhariyal
1. 1.1 Concept of Federalism: Origin, need and 02

th
10 to 14 th
January development of Federalism
2. 1.2 Nature of Indian Federalism: Federal, 02

th
10 to 14 th
January Unitary, Quasi- Federal, Cooperative
federalism
.
3. 06
th nd
17 to 22 Jan 2.1 Legislative Powers and its Distribution
between Union and States- Articles 245-254,
Schedule VII
19
Co- Faculties:
4. 02
th th
24 to 29th January 2.2 Doctrine of territorial nexus (Article 245)
2.3 Legislative Competency- Subject-matter
of laws made by Parliament and by the
2.4 Legislatures of States(Article 246)
2.5 Interpretation of legislative lists:
Plenary and Ancillary Power of
Legislation
Doctrine of pith and substance
Doctrine of harmonious construction
Colourable exercise of Legislative Power
5. 1st to 4th Feb. 02

7.1 Executive Power of the Union-Articles
53, 72-75, 77
6. 7th to 11th of February 7.2 Executive Power of the States – Articles 04

& 154, 161-164, 166
14th to 18th of February
7. 21st to 25th of February 7.3 Legislative Power of the Executive – 01

Articles 72, 161
Internship
8. 28 to March to 2nd of
th
7.4 Judicial Power of the Executive – Articles 02
April 72, 161
7.5 Executive Power & Federalism – Articles
256-258A, 263, 365
7.6 Civil Services-Articles 309-311
9. 4th to 8th of April 6.1 National Emergency- Articles 352-355 01

11th to 15th of April 6.2 Failure of Constitutional Machinery – 02
Articles 356-357.
6.3 Civil Liberties and Emergency – Articles
358-359
10. 18th to 22nd of April 6.4 Financial Emergency- Article 360 01
20
Co- Faculties:
Nirma University
Institute of Law
21
Co- Faculties:
Term Assignments and Assessment Criteria

TA. Assignment Date Assessment Criteria Marks
NO. Total 100
1. Problem solving 25th January Legal Problems solving 35 marks

2011 written test . Assessment
will be based on their
understanding of the
problem , the legal
provisions applied and the
related case laws mentioned.
5 marks for identifying the
issue.
15 marks for logics given.
10 marks for legal
provisions.
05 marks for related case
laws.
2. Case analysis Second week Introduction Identification 35marks
Group of two of February of Grounds for Appeal
students will get on wards. Identification of the
one case for concerned laws
case analysis. Identification of the Ratio of
the case Analysis of the
Judgment Critical overview
of the Judgment based on
other leading cases
The current legal position
Short questions Based on
case analysis (15) (Viva)
10 marks written
submission.
10 marks presentation.
3. Class test 21st April Writing Ability and 30 marks

2011 contents including latest
judgments. It will assess the
analytical ability of the
students.They must know
the contemporary issues
relating to each topic
22
Co- Faculties:
SYLLABUS FOR MID SEM EXAM
Unit 1: Federalism
1.1 Concept of Federalism: Origin, need and development of Federalism.

1.2 Nature of Indian Federalism: Federal, Unitary, Quasi- Federal, Cooperative federalism
Unit 2: Legislative Relations
2.1Legislative Powers and its Distribution between Union and States- Articles 245-254,
Schedule VII
2.2Doctrine of territorial nexus (Article 245)
2.3Legislative Competency- Subject-matter of laws made by Parliament and by the
2.4Legislatures of States(Article 246)
2.5Interpretation of legislative lists:
(v) Plenary and Ancillary Power of Legislation
(vi) Doctrine of pith and substance
(vii) Doctrine of harmonious construction
(viii) Colourable exercise of Legislative Power
2.6Residuary Powers (Article 248)
2.7Parliamentary Legislation in the State field (Article 249, 250, 252, 253)
2.8Doctrine of repugnancy (Article 254)
2.9Center’s Control over State Legislation
Unit 3: Administrative Relations (Article 256-263)
3.1Control of the Union & State Obligation (Article 256, 257)

3.2Delegation of Functions by Union to State Governments (Art. 258, 258 A)
3.3Control of territories out side India (Article 260)
3.4Full faith & Credit to Public Act, records and judicial proceedings (Article 261)
3.5Disputes relating to water (Article 262)
3.6Coordination between States: Zonal Council, Inter State Council
Unit 10: Union & State Judiciary
10.1 Union and State Judiciary- Article 32, 131-144, 226, 228, 233-237
10.2Writ Jurisdiction:
(v) Locus Standi, Public Interest Litigation (Concept of pro bono publico)
(vi) Laches
(vii) Res Judicata
23
Co- Faculties:
(viii) Exhaustion of Alternative Remedies

10.3 Judicial Review and PIL
10.4 ‘Curative Petition’
Unit 11: Tribunals
11.1 Administrative Tribunals for Service matter (Article 323 A)

11.2 Tribunals for other matters (Article 323 B)
Unit 12: Amendment of the Constitution
12.1 Power & Procedure of Amendment- Article 368.

12.2 Plenary & constituent powers.
12.3 Basic feature doctrine
24

408179882176947568213$5 1REFNOSem IV 2BAL401 Constitutional Law II

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Course Code : 2BAL401 Course Name : Constitutional Law II

Course Coordinator: Asha Verma

Course: Constitutional Law II

Course Co-ordinator: Mrs. Asha Verma (Asst. Prof.)

Co-Course Coordinator: Ms Asha Verma

This is a course on governance under the Indian Constitutional Scheme. How is

 To examine the historical evolution of constitutional doctrines and norms.

provisions of the Constitution.

 objective assessment of the constitutionality of executive and legislative acts of the

Teaching –Learning Methodology

1.1 Concept of Federalism: Origin, need and development of Federalism.

Unit 2: Legislative Relations

1. State of Bombay v. R. M. D. C., AIR 1957 SC 699

Unit 3: Administrative Relations (Article 256-263)

1. Jayantilal Amratlal Shodhan v. F. N. Rana & Others (AIR 1964 SC 648)

Unit 4: Financial Relations (Article 264-291)

4.1. Power to Tax: revenue & expenditure – Articles 265, 282

5.1 Interstate and Intra State Commerce – Articles 301-307.

1. Atiabari Tea CO. Ltd. V. State of Assam (AIR 1961 SC 232)

Unit 6: Emergency Provisions & its impact on Federal Structure

6.1 National Emergency- Articles 352-355.

1. Makhan Singh v. State of Punjab (AIR 1964 SC 381)

Unit7: Union & State Executive

1. Ram Jawaya Kapoor v. State of Punjab (AIR 1955 Sc 549)

6. K. M. Nanawati v. State of Bombay (AIR 1961 SC 112)

Unit 8: Privileges of Legislatures

Unit 10: Union & State Judiciary

Part 1005 September 1997 P J140

Unit 11: Tribunals

11.1 Administrative Tribunals for Service matter (Article 323 A)

1. S. P. Sampath Kumar v. Union of India (1987) 1 SCC 124

Unit 12: Amendment of the Constitution

Unit 13: Authorities under Indian Constitution

1. The Constitution of India- Bare Act

1. Report of the Commission on Centre – State Relation’s(Sarkaria Commission)(1987)

1. Journal of Indian Law Institute

 K N Goyal: Some Amendments We The People Could Do With

 Pooja Jha: Supreme Court's Advisory Jurisdiction Under Article 143

 K.G. Balakrishnan: Judiciary In India : Problems And Prospects , Journal

 N.R. Madhav Menon: Evaluating Judicial Performance : A Consumer

 K C Joshi: Tenth Schedule Of The Constitution And The Chairman Of

 Amit Sachdeva: "How Substantial Is The Substantial Question Of Law For

8. To write an essay on some contemporary issues. 3rd week

12. Case Analysis and Case Presentation 2nd week

Lecture Planning of Ms. Asha Verma

Sss S.N Date Topic Lecture

5. 14th to 18th of February 10.2Writ Jurisdiction: 02

6. 28th to March to 2nd of 10.3 Judicial Review and PIL 02

10. 10th to 14th May Finance Commission – Articles 280 02

Lecture Planning of Dr. Nitesh Saraswat.

2. 10th to 14th January 3.3 Control of territories out side India 03

3. 24th to 29thth January 4.1 Power to Tax: revenue & expenditure – 06

4. 7th to 11th of February 4.4Restrictions on State’ Taxing Power 04

4.6 Inter Government Tax Immunities :

5. 21st to 25th of February 4.7 Borrowings – Article 292-293. 04

6. 4th to 8th of April 4.11 Fiscal discipline & accountability 01

7. 4th to 8th of April 4.13Centre State Relation: An Evolution- 01

Lecture Planning of Prof. (Dr.) Purvi Pokhariyal

1. 1.1 Concept of Federalism: Origin, need and 02

2. 1.2 Nature of Indian Federalism: Federal, 02

5. 1st to 4th Feb. 02

6. 7th to 11th of February 7.2 Executive Power of the States – Articles 04