SVKM’s NarseeMonjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 8101 &B.B.A., LL.B. (Hons.) 8102 Semester: VI

Module: Constitution II Module Code:

Teaching Scheme Evaluation Scheme

Lecture Practical Tutorial Term End
Internal
(Hours (Hours (Hours Credit Examinations (TEE)
Continuous
per per per (Marks- 50
Assessment (ICA)
week) week) week) in Question Paper)
(Marks - 50)
4 0 0 4 Marks Scaled to 50 Marks Scaled to 50
Pre-requisite: Constitution I.
Objectives:
● To develop conceptual understanding of the working of the Union and the State
Executive under the Constitution of India.
● To develop in-depth understanding of the establishment and functioning of the
Union and State Legislature under the Constitution of India
● To gain insight into the judicial system established under the constitution, the
powers vested on the Supreme Court and High Courts and their functioning
● To gain conceptual clarity on the legislative competency of the Union and State
legislature and allied concepts of Centre and State relations

Outcomes:
● To develop an understanding of the statutory provisions regarding the Union and State
Executive under the Constitution of India and difference in their powers (PLO 1a
and PLO 1b)
● To develop an understanding of the statutory provisions regarding the Union and State
Legislature under the Constitution of India and difference in their powers (PLO 1a and
PLO 1b)
● To acquire ability to interpret various provisions pertaining to Union and State
Judiciary, the powers vested on Supreme Court and High Court and their functioning
(PLO 1a)
● To gain an understanding about the inter-relationship between the organs of the
government and separation of powers (PLO 1b)
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Detailed Syllabus: (per session plan
Unit Description Duration
1. Union Executive: Introduction 3 Hrs
● Union Executive, components, extent and scope of Power
● President: Election, Impeachment
● President: Powers and Functions: Judicial (Pardoning
Powers), legislative (Ordinance Making Power,
declaration of Emergency
Basic Reading (Cases)
● Harbans Singh v State of U.P. AIR 1982 SC 849
● KM Nanavati v State of Bombay AIR 1961 SC 112
● Kehar Singh v Union of India AIR 1989 SC 653
● Epuru Sudhakar v State of Andhra Pradesh AIR 2006 SC 3385
● Yakub Abdul Rajak Memon v State of Maharashtra,
● DC Wadhwa v State of Bihar AIR 1987 SC 579
● RK Garg v Union of India AIR 1981 SC 2138
● Rameshwar Prasad (VI) v Union of India AIR 2006 SC 980
● Samsher Singh v State of Punjab AIR 1974 SC 219
● Kuldip Nayar v Union of India AIR 2006 SC 3127
2. Union Executive: Introduction 2 Hrs
● Functioning of the Executive: President, Prime Minister,
Cabinet, Council of Ministers
● Attorney General India
Basic Reading (Cases)
● Maganbhai Ishwarbhai Patel v UOI AIR 1969 SC 783
3. State Executive: Governor 2 Hrs
● Appointment & removal of Governor
● Governor’s Discretionary Powers
● Pardoning Power of the Governor
● Ordinance Making Power
● Misuse of the Power to Make Ordinances
Basic Reading (Cases)
● D. C. Wadhwa v State of Bihar & Ors 1987 SCR (1) 798
● Rameshwar Prasad VI v Union of India AIR 2006 SC 980
● B.P. Singhal v UOI (2010) 6 SCC 331
● Nabam Rebia & Ors v Dy. Speaker, Arunachal Pradesh Legislative
Assembly & Ors 2017 13 (SCC) 332
● State of Gujarat v R.A.Mehta AIR 2013SC 693
4. State Executive: Governor 2 Hrs
● Council of Ministers
● Advocate-General
Basic Reading
M.P. Jain, Indian Constitutional Law, Part III Ch. VII
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

5. Union Legislature: Constitution of Parliament 3 Hrs

● Composition of Rajya Sabha and Lok Sabha
● Parliamentary Membership
● Qualification
● Speaker. Role and functions
Basic Reading:
M.P. Jain, Indian Constitutional Law, Part II Ch.2
6. Union Legislature 3 Hrs
● Anti-Defection Law and Disqualification
● Functions of Parliament
● Termination of Parliament
● Parliamentary Privileges
● Legislative Procedure
● Rules of Business Art. 77
Basic Reading (Cases)
● Chief Election Commissioner v Jan Chaukidar (2013) 7 SCC 507
● Jaya Bachchan v Union of India AIR 2006 SC 2119
● Kihoto Hollohan v Zachilhu (1992) 1 SCC 309
● Justice (Retd.) Markandey Katju v The Lok Sabha, decided on 15
December 2016
● PV Narasimha Rao v State of Andhra Pradesh AIR 1998 SC 2120
(JMM Bribery Case)
● Pandit MSM Sharma v Shri Sri Krishna Sinha AIR 1959 SC 395
(Search Light Case)
● Raja Ram Pal v The Hon'ble Speaker, Lok Sabha (2007)3SCC184
7. State Legislature 2 Hrs
● Creation and Abolition of Legislative Councils
● Compositions of the Legislative Assembly and Legislative
Council
Basic Reading
M.P.Jain, Indian Constitutional Law Part III Ch.6
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

8. The Union Judiciary 3 Hrs

Composition of Supreme Court
● Appointment of the Chief Justice of India
● Appointment of Other Judges (Collegium)
● Removal of Judges
Basic Reading (Cases)
● SP Gupta v Union of India AIR 1982 SC 149 (First Judges Case)
● In re: Special Reference AIR 1999 SC 1(Third Judges Case)
● SC Advocate-on- Record Association v Union of India (1993)
4 SCC 44(Second Judges Case)
● Subhash Sharma v Union of India AIR 1991 SC 631
● Supreme Court Advocate-on-Record Association v Union of India
2015 Online SC 964 (Forth Judges Case)
9. The Union Judiciary 3 Hrs
● Jurisdiction & Powers
● Court of Record
● Original Jurisdiction
Basic Reading
M.P.Jain, Indian Constitutional Law, Part II Ch.4
10. The Union Judiciary 3 Hrs
● Appellate Jurisdiction
● Appeal by special Leave
● Advisory Jurisdiction
● Power to do Complete Justice
● Power to Review
Basic Reading (Cases)
M.P.Jain, Indian Constitutional Law, Part II Ch.4
11. State Judiciary 2 Hrs
● Appointment, Transfer and Removal of High Court Judges
● Jurisdiction & Powers
● Court of Record
● General Jurisdiction
Basic Reading
M.P.Jain, Indian Constitutional Law, Part III Ch.8
12. State Judiciary 3 Hrs
● Constitutional Questions Art.226
● Power of Superintendence
● Salient Features of Article 227
● Power of Review
Basic Reading
M.P.Jain,Indian Constitutional Law,Part III Ch.8
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

13. State Judiciary 3 Hrs

● Appellate Jurisdiction
● Writ Jurisdiction:Inter-relationship of Article 32 and 226
● Subordinate Courts: Art.233/234.
Basic Reading (Cases)
● Union of India v S.H.Sheth AIR 1977 SC 2328
14. Emergency Provisions 2 Hrs
● National Emergency.
● Effect of the Proclamation
Basic Reading (Cases)
● SR Bommai v. Union of India AIR 1994 SC 1918.
● State of Rajasthan v. Union of India AIR 1977 SC 1361
15. Emergency Provisions 3 Hrs
● State Emergency: Failure of Constitutional Machinery in a
State.
● Financial Emergency.
● Impact of Proclamation of Emergency on Federalism.
Basic Reading (Cases)
● ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.
● Rameswar Prasad v. Union of India AIR 2006 SC 980.
● Special Reference No: 1 of 2002 AIR 2003 SC 87.
16. Amendment of the Indian Constitution 3 Hrs
● Process & Procedure of Amendment.
● History of Amending Power under Article 368 r/w the Ninth
Schedule
● Basic Structure Theory
Basic Reading (Cases)
● Shankari Prasad Singh Deo v. Union of India, AIR 1951 SC 458
● Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845.
● I.C. Golaknath v. State of Punjab, AIR 1967 SC 1643.
17. 3 Hrs
Judicial interpretation of Constitutional Amendments.
Art. 368 of The Constitution of India
Basic Reading (Cases)
● KesavanandaBharati v. State of Kerala, AIR 1973 SC 1461
● Indira Gandhi v. Raj Narain, AIR 1975 SC 2299
● Minerva Mills Ltd. Union of India, (1980) 3 SCC 625.
● Waman Rao v. Union of India, AIR 1981 SC 271.
● I R Coelho v St. of Tamil Nadu. AIR 2007 SC 861
Reference Reading: M.P.Jain, Indian Constitutional Law, Part IV
Ch.41
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

18. Centre – State Relations: Introduction 2 Hrs

● Territorial Extent of Parliamentary Laws and State Laws
● Legislative Relations
Basic Reading
M.P.Jain,Indian Constitutional Law Part IV Ch.10
19. Centre – State Relations: The Union List, State List, Concurrent List – 3 Hrs
VII Schedule and Article 246.
● Principles of Interpretation of Lists.
● Doctrine of Pith and substance.
● Doctrine of Colourable Legislation.
● Doctrine of Ancillary Power.
● Residuary Power of Legislation.
● Rule of Harmonious Construction.
● Doctrine of Repugnancy- Article 254.
Basic Reading
M.P.Jain,Indian Constitutional Law, Part VII Ch.40
Basic Reading (Cases)
● State of Bombay v RMD Chamarbaugwala AIR 1957 SC 699
● Tata Iron & Steel Co Ltd v State of Bihar AIR 1958 SC 452
● State of Bihar v Charushila Devi AIR 1959 SC 1010
● In re CP & Berar Sales of Motor Spirits and Lubricants
Taxation Act 1938 AIR 1939 FC 1
● Gujarat University v Shri Krishna RanganathMudholkar
AIR 1963 SC 703
● Prafulla Kumar v Bank of Commerce Ltd, Khulna
● State of Rajasthan v G Chawla AIR 1959 SC 544
● State of Karnataka v M/S Drive-in Enterprises AIR 2001 SC
1328
20. Centre – State Relations 2 Hrs
● Union’s Powers to Legislate on State Subjects- Article 249-253.
● Recommendations of Sarkaria Commission.
● Administrative Relations
● Financial relations
Basic Reading
 State of West Bengal v Union of India, 1964 SCR (1) 371
 Report of the Sarkaria Commission,
http://interstatecouncil.nic.in/report-of-the-sarkaria-commission/
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

21. Judicial interpretation of legislative powers of the center & states. 2 Hrs
Art. 246 r/w 248 r/w 254
Basic Reading (Cases)
● State of Andhra Pradesh v Purushotham Reddy (2003) 9 SCC 56
● KC Gajapati Narayana Deo v State of Orissa AIR 1953
● Bhairabendra Narayan v State of Assam AIR 1956 SC 503
● Naga People’s Movement for Human Rights v Union of India AIR
1998 SC 431
● Kameshwar Singh v State of Bihar AIR 1951 Pat 91
● Zaverbhai v State of Bombay AIR 1954 SC 752
● Deep Chand v State of UP AIR 1959 SC 648
● M Karunanidhi v Union of India AIR 1979 SC 898
22. Election 2 Hrs
● Fundamental Principles of Elections
● Nature of the Right to Vote or Contest an Election
● Election Commission
▪ Commission- A Multi Member Body
▪ Power and Function of Election Commission
● Legislative Power Regarding Elections
● Election Disputes
Basic Reading (Cases)
● People's Union for Civil Liberties v Union of India (2013) 10 SCC 1
● People's Union for Civil Liberties v Union of India (2003 (4) SCC 399)
● Public Interest Foundation v Union of India 2013 (15) SCALE 482
● Rajbala v State of Haryana, decided on 10 December 2015
● Common Cause- A Registered society v UOI (1996) 2 SCC 752
● Election Commission of India v Subramanian Swamy AIR 1996 SC
1810
● In Gujarat Assembly Election Matter, re (2002) 8 SCC 237
● SS Dhanoa v Union of India AIR 1991 SC 1745
● TN Seshan v Union of India (1995) 4 SCC 611
● Union of India v Association for Democratic Rights (2002) 5 SCC 294
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

23. Civil Services 2 Hrs

Doctrine of Pleasure
Basic Reading (Cases)
● Union of India v Tulsiram Patel AIR 1985 SC 1416
24.  Eminent Domain Art. 300 A 2 Hrs
 Suing the State in Contract Art. 299
 Suing the State in Tort Art 300
Basic Reading (Cases)
 Indore Development Authority v Manoharlal S.L.P. (C) NOS.9036-9038
OF 2016
 B. K. Mondal v Bengal SC [1962 AIR 779, 1962 SCR Supl. (1) 876]
 Nagendra Rao v State of A. P. 1994 AIR 2663
Total 60 Hrs
Text Books:
1. M.P. Jain, Indian Constitutional Law (reprinted, 8th edn, Lexis Nexis Butterworths
Wadhwa 2018).
2. M.P. Singh, V.N. Shukla’s Constitution of India (13th edn reprinted, Eastern Book
Company 2017).
Reference Books:
1. H.M. Seervai, Constitutional Law of India (in 4 volumes, reprinted, 4th edn,
Universal Law Publishing Co 2012) (Classic)
2. D.D. Basu, Commentary on the Constitution of India (24th Edition, 2019, Lexis Nexis
Butterworths, Wadhwa ).
Any other information :
Details of Internal Continuous Assessment (ICA): 50 Marks
Description of ICA Marks
Research Paper 20 Marks
Seminar 10 Marks
Viva 10 Marks
Class Participation 10 Marks
Total Marks : 50 Marks

Signature Signature
(Prepared by Shrikant M.Aithal) (Approved by Dean)