Academic Year 2014-15

Semester III
Teaching Plan

Constitutional Law - I

By
Mr. Ahmed Ali

Symbiosis Law School, Noida

(Constituent of Symbiosis International University, Pune)
July 2014 – October 2014

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1. INTRODUCTION

The law of the constitution is, in a manner of speaking, in part aspirational statement as
much as it is in no less part ground rules for rules. Insofar as constitutions are organic, living
documents the former part is no mere flight of fantasy but substratum to the topsoil of the
latter. It is the underlying spirit that animates constitutions. In our context this spirit, invoked
by the Supreme Court’s séances, has often, perhaps grudgingly, had to materialize. The Court
has anointed it ‘basic structure’, and to believe the Court – the Court being the chosen
Medium, there really is no choice in the matter – the ‘basic structure’, much in the fashion of
spirits, is nebulous and ineffable, enduring yet unchanging and eternal. To take away from it
is to destroy the Constitution. And that, at least in principle, is impossible without
concomitantly destroying the very idea of India. Speaking legally, India is what the
Constitution makes it.

The above trope is employed with a view to impress upon you the significance of the portion
to be covered this semester. You see, for most part we shall be dealing with the soul of our
Constitution. Since we are going to be studying rule of law, separation of powers, civil
liberties, amendability etc, all of which principles inform ‘basic structure’ in varying degrees, it
is no exaggeration to think of Constitutional law -1 as its spirit. A sound grasp of the same,
needless to say will hold one in good stead vis a vis the Indian legal system as a whole.

Having emphasized the importance of the course here follows a brief account of why
constitutions are and what they do. To begin with, a constitution is the fundamental law of
superior obligation, the source from which lesser laws draw their validity. It is both a political
as well as legal document. For instance the Indian Constitution is political in the sense of
formally birthing this political entity of India and endowing it with a political DNA; say
making it a secular, socialist, democratic republic with a unique federal structure. It is
statutory in so far as it contains rules for the making, amending, repeal and enforcement of
rules by the various state agencies it creates directly or by implication. In doing so it legally
limits the extent of governmental authority and power. Any transgression renders the
exercise thereof invalid. Often enough these limitations are in the form of civil liberties such
as the right to life and personal liberty, equality, free expression etc. But constitutional
limitations have other forms too. For instance in terms of scope of authority, the
Constitution lists out specific subjects in the Union and State list giving the state and union
governments exclusive control over discrete areas of activity. For example policing is a state
subject whereas defence is not. Sometimes, when the manner of doing something is
stipulated the constraint is procedural. Therefore in its essence the Constitution is a yoke
around political power, the reins of which vest with the Judiciary. Given that, the significance
of an independent judiciary becomes obvious. Also, perhaps in its most overarching sense, it
is the last bastion of control against that scourge of democracies: majoritarianism.

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2. LEARNING OBJECTIVES

A. Knowledge and Skills

The law generally and constitutions in particular require a certain knack to be read and followed.
The exegesis of constitutional texts is a specialized skill, which is essentially what this course
seeks and hopes to impart. Constitutions are articulations of fundamental polity as also policy
choices. An acute awareness of the same is therefore a major objective. They are organic in the
sense of constantly adapting and evolving, and yet in another sense also constant; in so far as
they never lose their essential character. The course hopes to delineate the historical evolution of
important constitutional doctrine, standards and tests, while emphasizing the Constitution’s
unchanging character. The evolution of constitutional doctrine is the handiwork of the Supreme
Court and it therefore follows that an understanding of Constitutional law is largely dependent
on an understanding of judicial pronouncements. Consequently fundamental to the course is the
development of skills of constitutional interpretation.

B. Outcomes
Having successfully completed this course you should be able to: Map the basic structure of
government in India. Identify, evaluate and critique the role of constitutional law in ensuring
respect for human rights and democratic governance. Apply constitutional law concepts and
doctrine to solve concrete practical problems. Critically analyse case law interpreting concerned
constitutional provisions. Extrapolate on existing doctrine. Arrive at solutions to various real and
hypothetical questions on the implications of constitutional provisions. Write convincingly on
basic issues in the development Indian constitutional law, grounding analysis in text and decided
cases.

C. Final Outcome
University Assessment is by compulsory coursework examination (100%) (Including Internal
Assessment 40% and External Assessment 60%) by the Symbiosis International, Pune.

3. LECTURES
A. Times and Attendance
Three lecture times have been set aside for this course for each division. Verify it from the
timetable assigned for each division. Lecture outlines, principally in the form of PowerPoint
slides, and relevant study/reading material will be made available in “The Library‟ on
“Curiosity‟ Portal at www.curiosity.symlaw.edu.in. To facilitate your understanding of these
lectures, you should always read at least the relevant pages of suggested readings in advance
of each lecture.
As per Symbiosis International University Regulations, please note, “Students are
expected to attend minimum 75% of all scheduled sessions and other forms of
instruction as defined by the programme of study.”

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 The student will not be eligible to appear for the examination if he / she fail to put in the
required attendance. The Students can update themselves of their attendance daily online in
“Attendance‟ on “Curiosity‟ Portal at www.curiosity.symlaw.edu.in.

B. Scheme and Structure

Topic 1:
Introduction to Constitutionalism and Fundamental Rights.
1) Need and uses of constitution.
2) Whether a constitution should contain a chapter on fundamental rights.
3) Constitutionalism: Idea and Significance.
a.Contribution of Natural Law to the idea of Constitutionalism.
b.Contribution of English Common Law to the idea of Constitutionalism.
4) Introduction to the History and Significance of the Fundamental Rights in India.
5) Philosophical Foundations of the Fundamental Rights.

Topic 2:

State and State Action (Articles 12 and 13)

1) State: Purpose and Definition under Article 12.

2) Interpretation made by the Supreme Court.
3) Other Authorities: Meaning and Scope. Is the Judiciary State?
4) Redefinition, if required?
5) State Action (Article 13: Abundant Caution)
6) Doctrine of Eclipse and Waiver.
7) Doctrine of Severability and Colourable Legislation.
8) Presumption of Constitutionality.
9) Definition of Law in Article 13.
10) Relationship with Personal Laws/Constitutional Amendments/Law declared by the
Supreme Court under Article 141.

Topic 3:

Right to Equality: Part 1 (Article 14)

1) Levels of Scrutiny Under the Equal Protection Clause: “Equality before the law” and
“Equal Protection of Laws” / Rule of Law
2) Separate But Equal
3) Proving Unconstitutional Discrimination
4) Doctrine of Reasonable Classification
5) Doctrine of Arbitrary State Action
6) Rights of non-citizen under the equal protection clause
7) Protection Against Arbitrary Use of Discretion

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Topic 4:

Right to Equality: Part 2 (Articles 15 and 16)

1) No Discrimination on the Grounds of Religion, Sex, Caste etc.

2) Positive discrimination/Affirmative Action
a.Women and Children
b.Socially and Educationally Backward Classes
c.Reservation in Admissions in Educational Institutions
d.Reservation in Super-speciality Courses
3) Equality of Opportunity in the Matters of Employment
4) Reservation in Services
5) Reservation for Backward Classes: The Mandal Commission Case
6) Concept of Creamy Layer
7) Reservation in Promotion/Seniority

Topic 5

Right to Freedom (Article 19)

1) Freedom of Speech and Expression

a) Philosophical Justification of the Freedom
b) Importance of Freedom of Speech and Expression
c) Freedom of Press
d) Right to Information
e) Reasonable Restrictions
2) Freedom to Assemble and form Association
a) Philosophical Justification and Importance of this freedom
b) Right of Government Servant to form Association
c) Reasonable Restriction
Freedom of Movement and Residence
a) Importance of this Freedom
b) Reasonable Restrictions
4) Freedom to Carry on Trade and Commerce
a) State Monopoly
b) Reasonable Restrictions

Topic 6

Right to Life and Personal Liberty (Articles 20, 21 and 22)

1) Article 20
a) Protection Against Ex-Post Facto Law
b) Protection Against Double Jeopardy
c) Protection Against Self-Incrimination
Constitutional Validity of Narco-Analysis Test
2) Article 21
a) The Right to Life and

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 b) Due Process: Substantive Due Process and Procedural Due Process with
reference to the fourteenth amendment of American Constitution vis-a-vis
Procedure Established by Law
c) Cruel and Unusual Punishment, Constitutionality of Capital Punishment
d) Right to Die
e) The Right of Privacy
f) The Right to Abortion
g) Decriminalization of Homosexuality
3) Rights of Accused and Persons Detained under Preventive Detention Laws ( Article 22)

We will also discuss cases decided by US Supreme Court and European Court of Human Rights.
For example: Francis v. Resweber, Ingraham v. Wright, Furman v. Georgia, Hudson v. McMillan, and Roper
v. Simmons. Meyer v. Nebraska, Griswold v. Connecticut, Stanley v. Georgia, Ravin v. State, Kelley v.
Johnson, Cruzan v. Missouri Department of Health, and Lawrence v. Texas, Roe v. Wade and Planned
Parenthood v. Casey etc.

Topic 7

Secularism and Freedom of Religion (Articles 25 and 26)

1) Secularism as Basic Structure.

2) Secularism contrasted with Right to Religion
3) Restrictions on Religious Freedom
4) Conversion and Anti-Conversion Laws
5) Uniform Civil Code

Topic 8

Cultural and Educational Rights of the Minorities (Articles 29 and 30)

1) Definition of Minority
2) Why they Need Special Attention?
3) Rights of Minorities to Establish and Administer Educational Institutions: Problems of
Affiliation, Admission and Reservation
4) Relation between Articles 29 and 30

Topic 9

Right to Constitutional Remedies (Article 32)

1) Right to move the Supreme Court

2) Obligation or Discretion of the Supreme Court to Provide Remedy
3) Article 32 contrasted with Article 226
4) Kinds of Remedies under Article 32
a. Writs: Mandamus, Habeas Corpus, Quo Warranto, Prohibition and Certiorari
b. Directions
c. Order
d. Compensation
5) Public Interest Litigation

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 6) Judicial Activism

Topic 10

Directive Principles of State Policy and Fundamental Duties

1) Nature and Object
2) Directive Principles vis a vis Fundamental Rights
3) Importance of Fundamental Duties

Topic 11

Amendment: Scope, Rules and Procedure thereof (Article 368)

1) Nature of the Amending Power: Plenary, Legislative and Constituent
2) Kinds of Procedure
3) Legislative and Judicial Developments vis a vis Parliament’s Power to Amend
4) Doctrine of Basic Structure: Origins to Present Status

C. Lecture Outline:

Week Lecture Topics

Lecture-1 Topic 1: Preview of the syllabus and teaching plan.

Week – 01: Lecture-2 Topic 1: Introduction to the subject
July 3, 2014
Week – 02: Lecture-3 Topic 1: Constitutionalism, Contribution of theoretical currents
July 7, 2014 Lecture-4 Topic 1: Significance of civil liberties
Lecture-5 Topic 1: Philosophical foundations of civil liberties
Lecture-6 Topic 2: ‘State’ and ‘Other Authorities’: Definition and
Interpretation
Week – 03:
July 14, 2014 Lecture-7 Topic 2: Sate Action: Doctrine of Eclipse and Waiver
Lecture-8 Topic 2: Severability and Colourable Legislation

Lecture-9 Topic 3: Equality: Philosophical Foundations, Levels of Scrutiny

Week – 04:
July 21, 2014 Lecture-10 Topic 3: Reasonable Classification
Lecture-11 Topic 3: Arbitrariness

Lecture-12 Topic 4: Affirmative Action, Reservations in Education.

Week – 05:
July 28, 2014 Lecture-13 Topic 4: Equality of Opportunity in matters of Employment,
Reservation in Services.
Topic 4: Reservation of Backward Classes, Mandal Commission
Lecture-14 Case, Concept of Creamy Layer

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 Lecture-15 Topic 5: Freedom of Speech and Expression
Week – 06: Lecture-16 Topic 5: Freedom of Press, Right to Information and Reasonable
August 4, 2014 Restrictions
Topic 5: Freedom of Press, Right to Information and Reasonable
Lecture-17 Restrictions

Lecture-18 Topic 5: Other Freedoms: Assemble and Associate, Movement and

Week – 07: Residence and Trade and Commerce
August 11, 2014
Topic 6: Ex-Post Facto Law, Double Jeopardy and Self
Lecture-19
Incrimination
Lecture-20
Topic 6: Right To Life: Substantive and Procedural Due Process
Lecture-21 Topic 6: Right To Life: Substantive and Procedural Due Process
Week – 08:
August 18, 2014 Lecture-22 Topic 6: Right to Die, Privacy and Abortion, Decriminalization of
homosexuality

Lecture-23 Topic 6: Right to Die, Privacy and Abortion, Decriminalization of

homosexuality
Lecture-24 Topic 6: Rights of Accused under Preventive Detention
Week – 09: Lecture-25 Topic 6: Constitutionality of Preventive Detention Laws.
August 25, 2014
Lecture-26 Topic 6: Constitutionality of Preventive Detention Laws.

Lecture-27 Topic 6: U.S and ECHR case law

Week – 10:
September 1, Lecture-28 Topic 6: U.S and ECHR case law
2014 Topic 7: Secularism. Freedom of Religion.
Lecture-29
Lecture-30 Topic 7: : Anti-Conversion laws and the Uniform Civil Code
Week – 11: Lecture-31 Topic 8: Minority: Definition. Need for Special Attention
September 8,
2014 Lecture-32 Topic 8: Right to Establish and Administer Educational
Institutions
Lecture-33 Topic 9: Right to Move the Supreme Court
Week – 12:
September 15, Lecture-34 Topic 9: Article 32 Contrasted with 226
2014 Lecture-35 Topic 9: Article 32 Contrasted with 226

Lecture-36 Topic 9: Kinds of Writs

Week – 13:
September 22, Lecture-37 Topic 9: Kinds of Writs
2014 Lecture-38 Topic 9: Public Interest Litigation and Judicial Activism

Week – 14: Lecture-39 Topic 9: Public Interest Litigation and Judicial Activism
September 29,
2014
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 Lecture-40 Topic 10: Nature and Object of Directive Principles
Lecture-41 Topic 10: Importance of Fundamental Duties

Lecture-42 Topic 11: Nature of Amending Power

Week – 15:
October 6, Lecture-43 Topic 11: Procedures for Amendment
2014 Lecture-44 Topic 11: Parliament’s Power to Amend

Lecture-45 Topic 11: Parliament’s Power to Amend

Week – 16:
October 13, Lecture-46 Topic 11: Doctrine of Basic Structure
2014 Lecture-47 Topic 11: Doctrine of Basic Structure

Week – 17: Lecture-48 Topic 11:Doctrine of Basic Structure

October 20,
2014

4. READING AND MATERIALS

 Read the Constituent Assembly Debates

 B. Shiva Rao: The Framing of India’s Constitution Vol. 5
 B.N. Rau: The Making of Indian Constitution.
 Ashish Caugh: Fundamental Rights: Vertical or Horizontal? (2005)7 SCC
 Bruce Ackerman: The Rise of World Constitutionalism. Yale Law School-Occasional
Papers, 1996.
 Granville Austin: Working A Democratic Constitution: The Indian Experience. Oxford
University Press (2002)
 Glanville Austin: The Indian Constitution: Cornerstone of a Nation. Oxford University
Press, New Delhi (1998).
 H.M. Seervai: Constitutional Law of India: A Critical Commentary Vol.1
 Karl Lowenstein: Political Power and the Governmental Process. The University of
Chicago Press 1965
 Sudhir Krishnaswamy: Democracy and Constitutionalism in India: A study of the Basic
Structure Doctrine. Oxford University Press
 T. M. Cooley: A Treatise on the Constitutional Limitations, Hindustan Law Book
Company, Calcutta, 2005.
 Upendra Baxi: Constitutionalism as Site for State Formative Practices. 21 Cardozo Law
Review.
 145th Report of the Law Commission of India on Article 12 and Public Undertakings
 D.J. De: The Constitution of India. Asia Law House
 P. Ishwara Bhat: Fundamental Rights. Eastern Book House
 Salman Khurshid: The Concept of Equality (1984)1 SCC
 P.K. Tripathi: India’s Experiment in Freedom of Speech: The First Amendment and
Thereafter (Spotlights on Constitutional Interpretation)
 Ashok Chandra: Other Backward Classes: Not Caste but Economic and Other Basis (
1984) 3 SCC

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  Anirudh Krishnan & Harini Sudersan: Law of Reservation & Anti-Discrimination.
LexisNexis-Butterworths Wadhwa Nagpur. 2008
 Thomas E. Weisskopf: Affirmative Action in United States and India, Routledge Taylor
& Francis Group
 H.R. Khanna: Freedom of Expression with Particular Reference to Freedom of the
Media, (1982)2SCC
 180th Report of the Law Commission of India on Self Incrimination
 Abhinav Chandrachud: The Substantive Right to Privacy: Tracing the Doctrinal Shadows
of the Indian Constitution.(2006)3 SCC
 Ashish Caugh: A Reassessment of The Self-Incrimination Clause (2006)8 SCC
 Dr. Parmanand Singh: Equality, Reservation and Discrimination in India, Deep and
Deep Pub. New Delhi.
 Justice A.M. Bhattacharjee: Article 21 and Due Process and “Exclusionary Rule of
Evidence. (1983)3SCC
 P.K. Tripathi: The Fiasco of Overruling, A.K. Gopalan, AIR 1990 (J) 1.
 P.K. Tripathi: Protection of Personal Liberty under the Indian Constitution
 P.K. Tripathi: Preventive Detention: The Indian Experience (Spotlights on
Constitutional Interpretation)
 Solil Paul: Was Due Process Due?—A Critical Study of the Projection of
“Reasonableness” in Article 21 since Maneka Gandhi (1983)1SCC
 Nirmalendu Bikash Rakshit: Right to Constitutional Remedy. Economic and Political
Weekly (1999) August
 M.P. Singh: The Statics and Dynamics of the Fundamental Rights and Directive
Principles-A Human Right’s Perspective. (2003) 5 SCC

Supplementary Readings:

 Asim Pandya: Writs and Other Remedies, LexixNexis: Butterworths Wadhwa, Nagpur.
 Asbjorn Eide, Catarina Krause and Allan Rosas: Economic, Social and Cultural Rights,
Martinus Nijhoff Publishers.
 A.V. Dicey: An Introduction to the Study of the Law of the Constitution. Universal Law
Publishing Co.
 Chemerinsky: Constitutional Law: ASPEN Publishers 2005.
 Donald P. Kommers, John E. Finn and Gary J. Jacobsohn, Rowman & Littlefield
Publishers.
 Durga Das Basu: Constitutional Law of India. Butterworth LexisNexis 2009.
 Ellis Sandoz: The Roots of Liberty, Liberty Fund Indianapolis. 2008
 John Macdonald QC, Ross Crail and Clive H. Jones: The Law of Freedom of
Information, Oxford Press.
 M.R. Mallick: Writs: Law and Practice. Eastern Law House
 Nicholas Tsagourias: Transnational Constitutionalism: International and European
Perspectives. Cambridge University Press.
 Richard A. Epstein: Economics of Constitutional Law (2 Vols.) An Elgar Reference
Collection.

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  Tony Blackshield & George Williams: Australian Constitutional Law and Theory. The
Federation Press.
 T. M. Cooley: A Treatise on the Constitutional Limitations, Hindustan Law Book
Company, Calcutta, 2005.
 Thomas M. Cooley: The General Principles of Constitutional Law in the United States of
America, Hindustan Law Book Company
B. Prescribed Legislations
The Constitution of India
Note:
 The above list is indicative and not exhaustive.
 Earlier editions of a number of the above texts might also be available and can be
consulted once account is taken of their datedness, particularly as to applicable case law.
 These text were selected because they provide in one volume a combination of text,
cases and materials, designed to be read as a whole i.e. a “one-stop shop”. Nevertheless,
the text provides the basic reading for the course only. There is much more to the study
of Special Contract than this and you will undoubtedly benefit from undertaking some
reading and study of your own. It is creditable if you, in respect of the proper use of
independent research and study, follow up in respect of the proper use of independent
research and study, follow up in the Law Library some of the case references, periodical
articles or other material referred to in the prime textbook or in class-or even to do some
research of your own. A good resource to use is the Law of Contract section of
Symbiosis Law Library and online databases such as AIR, SCC Online, Manupatra,
WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration,
Kluwer Patent, and Kluwer Competition), Ebrary, Emerald and EBSCO.
C. List of important cases
 Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845;
 Golaknath v. State of Punjab, AIR 1967 SC;
 Keshvanand Bharti v. State of Kerala, AIR 1973 SC;
 Minerva Mills Ltd v. Union of India, AIR 1980 SC 1789;
 Waman Rao v. Union of India, AIR 1981 SC 271;
 A.R. Antuley v. R.S. Nayak (1988)2SCC 602;
 Electricity Board, Rajasthan v. Mohan Lal AIR 1967 SC 1857;
 Ujjan Bai v. State of U.P. AIR 1962 SC 1621;
 Ramana Dayaram Shetty v. The International Airport Authority of India, AIR 1979 SC 1628;
 Ajay Hasia v. Khalid Mujib AIR 1981 SC 487;
 Central Inland Water Transport Corp. V. Brajonath Ganguly (1986)3 SCC 156;
 Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)5 SCC 111;
 Sabhajit Tewary v. Union of India and Others, AIR 1975 SC 1329;
 Ujjam Bai v. State of U.P. ( 1963)1 SCR 778;
 Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677
 State of West Bengal v. Anwar Ali Sarkar AIR 1952 SC 75;
 Bashshar Nath v, C.I.T AIR 1959 SC 149;
 State of Bombay v RMDC AIR 1957 SC 628;
 Gajpati Narayan Dev v State of Orissa;

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 Bhikaji v. State of M.P.AIR 1955 SC 781;
 Deep Chand v. State of U.P. AIR 1959 SC 648;
 State of Gujrat v. Sri Ambika Mills AIR 1974 SC 1300;
 Dulare Lodh v. IIIrd Additional judge Kanpur AIR 1984 SC 1260;
 Kameshwar v State of Bihar, AIR 1965 575;
 Prafulla Kumar Mukherjee v Bank of Commerce (AIR 1947 PC 60);
 Ram Krishna Dalmiya v. Justice Tendolkar, AIR 1958 SC 538;
 Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299;
 R.K. Garg v. Union of India AIR 1981 SC 2138;
 Sanjeev Coke Mfg. Co. V. Bharat Cooking Coal Ltd. (1983) 1 SCC 147;
 Air India v. Narges Mirza, AIR 1981SC 1829;
 E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555;
 D.S. Nakara v. Union of India AIR 1983 SC 130;
 K.A. Abbas v. Union of India, AIR 1971 SC 481;
 Mithu Singh v. State of Punjab, AIR 1983SC 473;
 Pradeep Jain v. Union of India, (1984) 3 SCC 654;
 BALCO Employees Union v. Union of India, AIR 2002 SC 350;
 Charan Lal Sahu v. Union of India, (1990) 1 SCC 663;
 In Re Special Court Bill, 1978, AIR 1979;
 Kathi Ranning v. State of Saurastra, AIR 1952 SC 123;
 A.K.Kraipak v. Union of India; In Re Kerala Education Bill, AIR 1958 SC 956;
 Om Kumar v. Union of India, AIR 2000 SC 3689;
 State of Madras v. Champkan Dorairajan, AIR 1951 SC 226;
 Yusuf Abdul Aziz v. State of Bombay, AIR 1954 SC 321;
 M. R. Balaji v. State of Mysore, AIR 1963 SC 649;
 Chitralekha v. State of Mysore, AIR 1964 SC 1823;
 T. Devadasan v. Union of India, AIR 1964 SC 179;
 State of Kerala v. N.M. Thomas;(1976)2 SCC 310;
 State of M.P. v. Nivedita Jain AIR 1981 SC 2045;
 Indra Sawhney v. Union of India, AIR 1993 SC 477 (The Mandal Commission Case);
 Indira Shawney v. Union of India, (1999) Supp 5 SCC 557 (559);
 Dr. Preeti Srivastava v. State of Madhya Pradesh, (1999)7 SCC 120;
 T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481;
 E. V. Chinnaian v. State of Andhra Pradesh, (2005)1 SCC 394;
 P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537;
 Ashok Kumar Thakur v. State of Bihar (2008) 6 SCC 1;
 Brij Bhusan v. Delhi, AIR 1950 SC 129;
 Express Newspapers v. Union of India, AIR 1958 SC 578;
 Hamdard Dawakhana v. Union of India, AIR 1960 SC 554;
 Sakal Papers v. Union of India AIR 1962 SC 305;
 O.K. Ghosh v. E.X. Joseph, AIR 1963 SC 812;
 Kharag Singh v. State of U.P. AIR 1963 SC 1295;

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 Bennett Coleman v. Union of India, AIR 1973 SC 106;
 Maneka Gandhi v. Union of India, AIR 1978 SC 597;
 Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India AIR 1986 SC 515
 Bijoe Emmanuel v. State of Kerala, AIR 1987 SC 748;
 Printers (Mysore) Ltd. v. Assistant Commercial Tax Officer (1994)2 SCC 434;
 New York Times v. Sullivan, 376 US 254;
 Leonard Hector v. Attorney General of Antiqua and Berbuda,(1990)2AC 312;
 Derbyshire County Council v. Times Newspaper Ltd. (1993)2 WLR 449;
 R. Rajgopal v. State of Tamilnadu, AIR 1995 SC 264;
 Bharat Kumar K. Palicha v. State of Kerala, AIR 1997 Ker.291;
 A.K. Gopalan v. State of Madras, [1950] SCR 88
 Maneka Gandhi v. Union of India, AIR 1978 SC 597
 Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802;
 Bhim Singh v. State of Jammu & Kashmir, AIR 1986 SC 494;
 Bijoe Emmanuel v. State of Keral, AIR 1987 SC 748;
 Civil Rights Committee v. Union of India, AIR 1983 Kant 85;
 D.K. Basu v. State of West Bengal, AIR 1997 SC 610;
 Francis Coralie Mullin v. Administrator, Union Territory of Delhi, AIR 1981 SC 746;
 Gaurav Jain v. Union of India, AIR 1997 SC 3012;
 Govind v. State of Madhya Pradesh, AIR 1975 SC 1378;
 Hussainara v. Home Secretary, State of Bihar, AIR 1979 SC 1360;
 Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446;
 J.P. Unikrishnan v. State of Andhra Pradesh, AIR 1993 SC 2178;
 Kanu Sanyal v. District Magistrate, AIR 1973 SC 2684;
 Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295;
 Khatri(II) v. State of Bihar, AIR 1981 SC 928;
 M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548;
 Nandini v. Dani, AIR 1978 SC 1025;
 Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751;
 National Human Rights Commission v. State of Arunachal Pradesh, AIR 1996 SC 1234;
 Nilabati Behera v. State of Orissa, AIR 1993 SC 1960;
 Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180;
 P. Rathinam Nagbhusan Patnaik v. Union of India, JT (1994) 3 SC 392;
 Parmanand Katara v. Union of India, AIR 1989 SC 2039;
 Paschim Bangal Khet Mazdoor Society v. State of West Bengal, AIR 1996 SC 2426;
 People Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568;
 People’s Union for Civil Liberties v. Union of India, AIR 1997 SC 568;
 People’s Union for Democratic Rights v. Police Commissioner, (1989) 4 SCC 730;
 Rohtas Industries Ltd. v. Rotas Industries Ltd., AIR 1990 SC 481;
 Rudul Shah v. State of Bihar, AIR 1983 SC 1086;
 Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, AIR 1989 SC 594;
 Saheli v. Commissioner of Police, AIR 1954 SC 513;
 Satwant v. State of Punjab, AIR 1960 SC 266;
 Sebastian Hongray v. Union of India, AIR 1984 SC 571;

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  Sheela Barse v. Secretary, Children Aid Society, AIR 1983 SC 378;
 Sheela Barse v. Union of India, AIR 1986 SC 1773;
 Smt. Selvi & Ors. v. State of Karnataka, AIR 2010 SC
 Union of India v. Prakash P. Hinduja, AIR 2003 SC 2562;
 Rev. Stainislaus v. State of Madhya Pradesh, AIR 1977 SC 908;
 Gulam Abbas v. State of U.P. AIR 1981 SC 2198;
 S.R. Bommai v Union of India, AIR 1994 SC 1918;
 M.Ismail Faruqui v. Union of India, AIR 1995 SC 604;
 Lily Thomas v. Union of India, AIR 2000 SC 1650;
 Church of God (Full Gospel) in India v. K.K.R.M.C. Welfare Association, AIR 2000 SC 2773;
 State of Bombay v. Bombay Educational Society AIR 1954 SC 561;
 In Re Kerala Education Bill, AIR 1958 SC 956;
 S. Azeez Basha v. Union of India AIR 1968 SC 662;
 Rev. Father W. Proost v. State of Bihar, AIR 1969 SC 465;
 State of Kerala v. Mother Provincial, AIR 1970 SC 2079;
 D. A.V. College, Jullundur v. State of Punjab, AIR 1971 SC 1737;
 Ahmadabad St. Xavier’s College v. State of Gujarat AIR 1974 SC 389;
 Managing Board M.T.M. v. State of Bihar, AIR 1984 SC 1757;
 St. Stephen’s College v. University of Delhi AIR 1992 SC 1630;
 T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481;
 Islamic Academy of Edn. & Anr. vs. State of Karnataka & Ors, AIR 2003 SC 3724;
 P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537;
 State of Madras v. V. G. Row, AIR 1952 SC 196;
 Daryao v. State of Uttar Pradesh, AIR 1961 SC ;
 Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802;
 P. L. Lakhanpal v. Union of India, AIR 1967 SC 908;
 Lallubhai . Union of India, AIR 1981 SC 728;
 Vishakha v. State of Rajasthan, AIR 1997 SC 3011;

5. ASSESSMENT: COURSEWORK = 100%

You will be examined in this course by Internal (40%) and External Assessment (60%) format.
Internal examination will be conducted for 40 marks. It will include two tutorials (10 marks each)
and a Research Project (20 marks). The Symbiosis International University will conduct external
written examination for 60 marks at the end of the semester. It consists of ten objectives, 2 mark
each (20 marks) and 4 subjective/cases and open problems/questions 10 Marks each with an
alternative (40 marks).
6. Research Assignment/Tutorial
A. Assignment/Tutorial Time table:
Tutorials: There will be two tutorials. Both will be ‘written tests’. The first will be theoretical in
the sense of testing factual knowledge of Constitutional law. The second Tutorial shall be
practical in the sense of being problem-based, where students will be required to resolve some or

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other hypothetical Constitutional issue(s). Each tutorial will carry 10 marks (Total=20 marks). All
students will attempt both.
Research Assignments: In addition, two take home research assignments will be will be
undertaken by learners, with each being of 10 marks. The course teacher will formulate the
research question and upload it on the curiosity portal. Learners will be required to submit their
answers in 48 hours form the time of uploading. The submissions will be typed and properly
cited, and will also include a bibliography. Plagiarism, if detected, will entail outright
disqualification and a consequent loss of 10 marks. While learners may well discuss and consult
with one another, like submissions will be rejected.
The timeline for the tutorials and assignments is as follows:
Tutorial:

Date
Tutorial Test Result Topic
Date: August 8, Date: August 16,
First Modules 1-4
2014 2014

Date: September Date: September

Second Modules 4-8
20, 2014 27, 2014

Research Assignments:

Submission
Assignment Result 1 Result 2
Assignment Assignment 1
2
Date: August Date: Date: August 30 Date: October 10
19 September
29

B. Guiding Note on Tutorial and Research Assignment

Tutorial 1 – Written Test: Will be a written test of 10 marks that will test your knowledge
of Constitutional. You will have to be thorough with provisions and cases, that is to say
cognizant of their scope and applicability.
Tutorial 2 – Written Test: Will be a written test of 10 marks that will test your analytical
ability. Conceptual clarity is what is required here. For, you will be given a hypothetical
problem to solve. For tutorial 2 bare texts of the Constitution will be permitted.
Research Assignments: A slightly worked over real, or out and out hypothetical problem
will be uploaded on the appointed dates. The problem will require you take sides on a
disputed and perhaps controversial constitutional issue. You will back your answer with
authorities whether primary or secondary. You will cite and attach a bibliography. Citations
will be uniform and detailed. You will get 48 hours from the time of upload for submissions.
Late submissions shall entail a loss of marks to the tune of 1 for the first hour and
compounded thereon.
(For citation and bibliographic details refer to Annexure A and Annexure B)
7. ADMINISTRATIVE ARRANGEMENTS

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The course chief faculty for Constitutional Law is Prof. Ahmed Ali. In case you face any
problem in dealing with the subject, feel free to see the concerned faculty. Notices relating to
the course will be posted online on www.curiosity.symlaw.edu.in
8. OFFICE HOURS AND CONTACT INFORMATION
If doubts remain, kindly contact Prof Ahmed Ali at ahmed@symalw.edu.in.

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 Annexure A

SPECIFIC GUIDELINES FOR RESEARCH ASSIGNMENTS

Your assignments will be typed in either Times New Roman or Garamond in font size no more
or less than 12. The spacing should not be in excess of 1.5 and you can conveniently forego the
requirement of a front page (as shown in Annexure B) as well as a content page. However, at the
right hand corner of your submission you shall inscribe your name, roll no, class and division.
Failure to do shall entail outright disqualification. Marks are apportioned for form too. Therefore
failure to cite, when references are made indeed, shall entail severe penalty as loss of marks.
Citations shall be in the form of footnotes: for the structure of which you may refer to Annexure
B. The word limit, excluding bibliography and citations, shall be 5000 words. A little over 5000
words should not be a problem but any serious overshooting, say by a thousand words or so, will
not be read and hence evaluated.

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 Annexure B

RULES OF CITATION/BIBLIOGRAPHY
The Bibliography should contain a list of all the books, journals, articles and pamphlets that the
researcher has consulted during the course of the study. It should be arranged alphabetically.

The entries in the bibliography should be made adopting the following order:

For books the order should be as under:

1. Name of author, last name first, followed by initials

2. Title of book in italics

3. Place, publisher and year of publication

4. Number of edition/volume.

5. The pagination

E.g., Kothari, CR. “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd.,
1978, pp. 43-46

In case you use book by two or more authors then citation should be written in the
following way:

Kothari, CR., & Kothari, RC “Quantitative Techniques”, New Delhi, Vikas Publishing House
Pvt. Ltd., 1978, pp. 43-46

Kothari, CR., Kothari, RC & Patil, CR, “Quantitative Techniques”, New Delhi, Vikas Publishing
House Pvt. Ltd., 1978, pp. 43-46

For journals, articles and pamphlets the order should be as under:

1. Name of author, last name first followed by initials

2. Title of article, in quotation marks

3. Name of periodical, in italics

4. The volume and number of journal or periodical

5. Place, publisher and year of publication

6. The pagination

Robert, VR. “Coping with Short-term International Money Flows”, the Banker, London, Vol.
VII, No 4, Sept 1991, p 995

In case you use an article by two or more authors then citation should be written in the
following way:

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Robert, VR, & Robert, RV, “Coping with Short-term International Money Flows”, the Banker,
London, Vol. VII, No 4, Sept 1991, p 995.

Robert, VR., Robert, RV & Michael, VR, “Coping with Short-term International Money Flows”,
the Banker, London, VII, No 4, Sept 1991, p 995.

For Online Contents including Databases, Website

ARTICLE FROM A DATABASE

Schredl, M., Brenner, C., & Faul, C. (2002), “Positive Attitude towards Dreams: Reliability and
Stability of Ten­item Scale”, North American Journal of Psychology, 4, 343­346. Retrieved on
December 16, 2004 from Academic Search Premier Database.

NON-PERIODICAL DOCUMENTS ON THE INTERNET

Library and Archives Canada (2002), “Celebrating Women’s Achievements: Women Artists in
Canada”, Retrieved on December 16, 2004, from
http://www.collectionscanada.ca/women/h12-500-e.html

ARTICLE IN A NEWSPAPER OR MAGAZINE

 Semenak, S. (1995, December 28), “Feeling right at home: Government residence

eschews traditional rules. Montreal Gazette, p. A4

 Driedger, S. D. (1998, April 20), “After Divorce”, Maclean’s, 111(16), 38­43

 In place of the above rules of citation, if student feels to use ‘Blue Book of Citation’, it is
authorised. Copy of the same is available in the Symbiosis Law School, NOIDA library
on request.

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