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Pages From 301-Constitutional Law-I - 2022

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Pages From 301-Constitutional Law-I - 2022

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rakeshjuneja_001
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FACULTY OF LAW

UNIVERSITY OF DELHI, DELHI-110007


2022

LL.B. III Term


Paper: LB – 301: Constitutional Law – I

[Principles of Federalism, Distribution of Legislative Powers between the Centre


and the States, Union and State Executive; Freedom of Trade, Commerce and
Intercourse; Parliament and State Legislatures, Judiciary and Emergency
provisions]

Prescribed Text: The Constitution of India, 1950


Prescribed Books:
1. H.M. Seervai, Constitutional Law of India (4th ed., Vol 1 (1991), Vol. 2 (1993),
Vol. 3 (2019 Rep.))
2. M.P. Jain, Indian Constitutional Law (8th ed., 2018)
3. M. P. Singh, V. N. Shukla’s Constitution of India (13th ed., 2019)
4. D.D. Basu, Shorter Constitution of India (15th ed., 2018)
Recommended Books:
1. Granville Austin, The Indian Constitution: Cornerstone of a Nation (1966)
2. Granville Austin, Working a Democratic Constitution - A History of the Indian
Experience (1999)
3. B. Shiva Rao, The Framing of India’s Constitution– Select Documents (1967)
4. Report of the Commission on Centre – State Relations (Sarkaria Commission)
(1987)
5. Report of the National Commission to Review the Working of the Constitution
(2002)

Objectives

The Constitution contains the fundamental law of the land. It is the source of all powers of,
and limitations on, the three organs of the State, viz. the executive, legislature and judiciary.
No action of the State would be valid unless it is permissible under the Constitution.
Therefore, it is imperative to have a clear understanding of the nature and working of the
Constitution. This course is designed to orient the students towards said understanding and
develop an analytical approach through case law.
Topic 1 – General (6 Classes)

Constitution – Fundamental Law of the Land: Making of the Indian Constitution; Aims and
Objectives; Essential Features of Constitution; Theory of Basic Structure; Principles of
Federalism; Nature of the Indian Constitution – Federal, Unitary, Quasi-federal; Cooperative and
Competitive Federalism; Scheduled and Tribal Areas

1. Kesavananda Bharati v. State of Kerala 1973 ( 4) SCC 225 01


2. S. R. Bommai v. Union of India 1994 (3) SCC 1 08
3. State of West Bengal v. Union of India AIR 1963 SC 1241 25
4. Rai Sahib Ram Jawaya Kapur v. State of Punjab AIR 1955 SC 549 40
5. Kuldip Nayar v. Union of India 2006 (7) SCC 1
6. State of Haryana v. State of Punjab 2002 (2) SCC 507
7. I.R. Coelho v. State of Tamil Nadu 2007(2) SCC 1

Topic 2 – The Union and its Territory (4 Classes)

Power to cede Indian territory to a Foreign Nation; Power to create/extinguish a state;


Alteration of name, area and boundary of existing states – Procedure (Articles 1 – 4)

8. In re Berubari Union & Exchg. of Enclaves AIR 1960 SC 845 48


9. Ram Kishore Sen v. Union of India AIR 1966 SC 644
10. Union of India v. Sukumar Sengupta 1990 Supp SCC 545
11. N. M. Sahib v. Chief Comnr. Pondicherry AIR 1962 SC 797
12. R. C. Poudyal v. Union of India 1994 Supp (1) SCC 324
13. Babulal Parate v. State of Bombay AIR 1960 SC 51
Topic 3 – The Union and the State Executives (5 Classes)

a) The President and Vice President – Qualifications, Election, Term of Office, Powers,
Impeachment (Articles 52-72); Governor – Appointment - Term of Office – Removal
and Powers (Articles 153 – 161)
b) Nature, Scope and Extent of Executive Powers of the Union and States (Article 73,
162)
c) Union Council of Ministers – Powers and Position of the President (Articles 74-75);
State Council of Ministers (Articles 163-164); Relationship of the President/Governor
with the Council of Ministers; Scope and Extent of Judicial Review of Executive
Actions (Articles 74, 75,77,78,111,102, 103(2), 217(3), 163)

14. B.P. Singhal v. Union of India (2010) 6 SCC 331


15. U. N. R. Rao v. Indira Gandhi (1971) 2 SCC 63 66
16. S.P. Anand v. H.D. Deve Gowda (1996) 6 SCC 734 69
17. Samsher Singh v. State of Punjab (1974) 2 SCC 831 75
18. M.P. Spl. Police Estab. v. State of M.P (2004) 8 SCC 788 89
19. State (NCT of Delhi) v. Union of India (2018) 8 SCC 501 99
20. Epuru Sudhakar v. Govt. of A.P (2006) 8 SCC 321

Topic 4 – Parliament and State Legislatures (5 Classes)

Composition of Parliament and State legislatures; Qualification/Disqualification of Members;


Legislative Procedure, Legislative Privilege (Articles 79 – 122, 168 – 212)

21. S.P. Anand v. H.D. Deve Gowda, (1996) 6 SCC 734 69

22. B. R. Kapur v. State of Tamil Nadu (2001) 7 SCC 231 106


23. Lily Thomas v. Union of India (2013) 7 SCC 653. 117
24. Lok Prahari (through General Secretary SN Shukla) (2018)18 SCC 114

v. Election Commission of India

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