Course Outline - Constitutional Bodies
Course Outline - Constitutional Bodies
Course Outline
of
Constitutional Bodies
For
Masters of Law
Semester: II
Faculty:
Ms. Aswathi Vakkayil
Ms. Kashish Khandelwal
Mr. Chirag Jindal
Teaching and Research Associates (Law)
Gujarat National Law University, Silvassa Campus 396230
DNHDD, INDIA.
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Sr. No. Contents Page No.
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1.0 Objectives of the Course
India is a democracy and its Constitution embodies the main principles of the democratic
government- how it comes into being, what are its powers, functions, responsibilities and
obligations, and how power is limited and distributed Whatever might have been the original power
base of the Constitution, today, it seems to have acquired legitimacy as a highest norm of public
law. 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. He must also know the genesis, nature and special features
and be aware of the social, political and economic influence on the Constitution.
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.
No. of Sessions
Module No. Modules
(Classes)
1 Introduction 2
2 Union and State Executive- I (Introduction) SELF-STUDY
3 Union and State Executive- II 15
4 Union and State Legislature 13
5 Union and State Judiciary 13
6 Election Commission of India 2
7 Other Constitutional Bodies 3
Total = 48
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3.0 Detailed Course Outline
Constitutional Bodies
Module-1 Introduction 2
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- Justiciability of Ordinance Making Power
3.5 Council of Ministers (Article 74)
3.5.1 Working of the Executive
3.5.1.1 President – A Titular Head
3.5.1.2 Prime Minister
3.5.1.3 Cabinet
3.5.1.4 Collective Responsibility
3.6 Governor
3.6.1 Significance of Governor’s Office
3.6.2 Appointment of Governor
3.6.3 Governor’s Discretionary Powers
3.6.4 Pardoning Power of the Governor
3.6.5 Ordinance Making Power
• Misuse of the Power to Make Ordinances
Case Laws
Election of the President
➢ Purno Agitok Sangma v. Pranab Mukherjee, (2013) 2 SCC 239
➢ Charan Lal Sahu v. APJ Abdul Kalam, MANU/SC/1114/2002
➢ In Re Gujarat Legislative Assembly, AIR 2003 SC 87
➢ Shri Charan Lal Sahu v. Shri K.R. Narayanan, MANU/SC/0877/1998
➢ Kaka Joginder Singh @Dharti Pakad v. K.R.Narayanan, MANU/SC/0748/1993
➢ Mithilesh Kumar v. Sri R. Venkataraman, MANU/SC/0002/1993
➢ Charan Lal Sahu v. Giani Zail Singh, MANU/SC/0204/1983
➢ Election Commission of India v. N.G. Ranga, MANU/SC/0246/1978
➢ Charan Lal Sahu v. Neelam Sanjeeva Reddy, MANU/SC/0401/1978
➢ In Re, Presidential Poll, AIR1974 SC 1682
➢ Shiv Kirpal Singh v. Shri V. V. Giri, MANU/SC/0334/1970
➢ Shri Baburao Patel v. Dr. Zakir Husain, MANU/SC/0351/1967
➢ Dr. Narayan Bhaskar Khare v. The Election Commission of India, MANU/SC/0022/1957
Pardoning Powers of the President
Constituent Assembly Debates on 31 July, 1947
➢ Union of India v. V.Sriharan@Murugan , decided on 2 December 2015
➢ Yakub Abdul Rajak Memon v. State of Maharashtra, decided on 30 July 2015
➢ Mohd. Arif v. The Registrar, Supreme Court of India, decided on 2 September 2014
➢ V.Sriharan@Murugan v. Union of India & Ors, AIR 2014 SC 1368
➢ Navneet Kaur v. State, 2014(4) SCALE 459
➢ Shatrughan Chauhan & Anr. v. Union of India, (2014) 3 SCC 1
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➢ Epuru Sudhakar v. State of Andhra Pradesh, AIR 2006 SC 3385
➢ State of Punjab & Ors v. Joginder Singh & Ors, AIR 1990 SC 1396
➢ Kehar Singh v. Union of India, AIR 1989 SC 653
➢ Harbans Singh v. State of U.P., AIR 1982 SC 849
➢ Kuljeet singh v. Lt. Governor, AIR 1981 SC 2239
➢ Maru Ram v. Union of India, AIR 1980 SC 2137
➢ K.M.Nanavati v. State of Bombay, AIR 1961 SC112
Ordinance Making Power of the President
➢ DC Wadhwa v. State of Bihar, AIR 1987 SC 579
➢ Gurudev VKSSS Maryadit, v. State of Maharashtra AIR 2001 SC 1980
➢ K Nagraj v. State of A.P., AIR 1985 SC 551
➢ Krishan Kumar Singh v. State of Bihar, (1998) 5 SCC 643
➢ Krishna Kumar Singh v. State of Bihar, MANU/SC/0009/2017
➢ Maitreyee Mahanta v. State of Assam, AIR 1999 Gau 32
➢ RK Garg v. Union of India AIR 1981 SC 2138
➢ Rameshwar Prasad (VI) v. Union of India, AIR 2006 SC 980
➢ SKG Sugar Ltd v. State of Bihar, AIR 1974 SC 1533
➢ T Venkata Reddy v. State of A.P., AIR 1985 SC 724
➢ UNR Rao v. Indira Gandhi, AIR 1971 SC 1002
Working of the Executive
➢ Kuldip Nayar v. Union of India, AIR 2006 SC 3127
➢ B.R.Kapur v State of Tamil Nadu, AIR 2001 SC 3527
➢ S.R.Choudhari v. State of Punjab, AIR 2001 SC 2707
➢ S.P.Anand v. H.D.deve Gowda, AIR 1997 SC 272
➢ K.M. Sharma v. Devi Lal, AIR 1990 SC 528
➢ Harsharan Verma v. Union of India, AIR 1987 SC 1969
➢ Samsher Singh v State of Punjab, AIR 1974 SC 2192
➢ U.N.R.Rao v. Indira Gandhi, AIR 1971 SC 1002
➢ A.Sanjeevi Naidu v. State of Madras, AIR 1970 SC 1102
Governor
➢ Parmeshwara v. Union of India, MANU/SC/0698/2018
➢ Government of NCT of Delhi v. Union of India, 2018 SCC Online SC 661
➢ Union of India v. Harish Chandra Singh Rawat, MANU/SC/0611/2016
➢ Nabam Rebia, and Bamang Felix v. Deputy Speaker and others, MANU/SC/0768/2016
➢ B.P. Singhal v. Union Of India, MANU/SC/0350/2010
➢ Rameshwar Prasad VI v. Union of India, AIR 2006 SC 980
➢ Satpal Singh v. State of Haryana, AIR 2000 SC 1702
➢ Swaran Singh v. State of U.P, AIR 1988 SC 2026
➢ Governor of NCT of Delhi v Union of India, decided on 11 May 2023
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Anti- Defection Law
➢ Kihoto Hollohan v. Zachilhu, (1992) 1 SCC 309
➢ G. Viswanathan vs The Hon'Ble Speaker Tamilnadu, (1996) 2 SCC 353
➢ Shri Rajendra Singh Rana & Ors. V. Swami Prasad Murya & Ors, AIR 2007 SC 1305
➢ Shibu Soren v. Dayanand Sahay, AIR 2001 SC 2583
➢ D.Sudhakar & Ors. vs D.N.Jeevanraju & Ors. on 25 January, 2012
➢ Balchandra L. Jarkiholi & Ors v. B.S.Yeddyurappa & Ors, (2011) 7 SCC 1
➢ Speaker, Orissa Legislative Assembly v. Utkal Keshari Parida,(2013) 11 SCC 794
➢ Nabam Rebia v Deputy Speaker (2016)
➢ Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly, decided
on 21 January 2020
➢ Shivraj Singh Chouhan v. Speaker, Madhya Pradesh Legislative Assembly decided on 13 April
2020
➢ Subhash Desai v Principal Secretary, Governor of Maharashtra, decided on 11 May 2023
Parliamentary Privilegs
➢ Justice (Retd.) Markandey Katju vs. The Lok Sabha & Anr. decided on 15 December
2016- Bench: T.S. Thakur, R. Banumathi, Uday Umesh Lalit
➢ Raja Ram Pal Vs. The Hon'ble Speaker, Lok Sabha and Ors. (2007)3SCC184
➢ P.V.Narasimha Rao ETC. v. State, AIR 1998 SC 2120, (JMM Bribery Case)
➢ In Re:Article 143, AIR 1965 SC 745 (Keshav Singh Case)
➢ Pandit M. S. M. Sharma v. Shri Sri Krishna Sinha & Ors, AIR 1959 SC 395 (Search Light
Case)
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Cases
Appointment of Judges
➢ Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1.
➢ Re Presidential Reference, AIR 1999 SC 1
➢ S.C. Advocate on Record Association v. Union of India, (1993) 4 SCC 441 (Judges Transfer
Case-II)
➢ Subhash Sharma v. Union of India, AIR 1991 SC 631
➢ S. P. Gupta v. Union of India, AIR 1982 SC149
➢ Union of India v. Sankalchand Himatlal Sheth, AIR 1977 SC2328
Removal of Judges-Impeachment Process
➢ Justice P.D.Dinakaran v. Hon’ble Judges Inquiry Committee and others,
MANU/SC/0727/2011
➢ Sarojini Ramaswami v. Union of India, AIR 1992 SC 2219
➢ Krishnaswamy v. Union of India, (1992) 4 SCC 605
➢ Sub-Committee of Judicial Accountability v. Union of India, AIR 1992 SC 320
Other Judgements
➢ Central Public Information Officer, Supreme Court of India v Subhash Chandra Agarwal,
decided on 13th November, 2019
➢ Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544.
➢ Gujarat High Court Advocates Association v Union of India, decided on 13 November 2019
➢ Swapnil Tripathi v. Supreme Court of India, 2018 SCC OnLine SC 1667
➢ M.C. Mehta v. Union of India, Sealing In Re, 2018 SCC OnLine SC 1615
➢ Bar Council of India v. A.K. Balaji, 2018 SCC Online SC 214
➢ Asok Pandey v. Supreme Court of India, 2018 SCC Online SC 361
➢ M. Siddiq v. Mahant Suresh Das, 2018 SCC Online SC 1677
➢ In Re, Hon'ble Shri Justice C.S. Karnan, (2017) 7 SCC 1
➢ Santhini v. Vijaya Venketesh, MANU/SCOR/52506/2017
➢ Anita Kushwaha v. Pushap Sudan MANU/SC/0797/2016
➢ Vitusah Oberoi v. Court of Its Own Motion MANU/SC/0004/2017
➢ U/A 143(1) Of The Constitution Of India MANU/SC/1450/2016
➢ Ram Nirnajan Ray v. State of Bihar, 2014(4) SCALE 428
➢ Sudhir Vasudeva, Chairman & MD, ONGC v. M.George Ravisshakaran,
MANU/SC/0078/2014
➢ P.L.Lakhanpal v. A.N.Ray, AIR 1975 Del.66
➢ C.K.Daphtary v. O.P.Gupta, AIR 1971 SC 1132
➢ Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1
➢ Delhi Judicial Service Association v. State of Gujarat, AIR 1991 SC 2005
➢ In re: Vinay Chandra Mishra, (1995) 2 SCC 584
➢ C.Ravindran Iyer v. Justice A.M.Bhattacharjee, (1995) 5 SCC 457
➢ Om Prakash Jaiswal v. D.K.Mittal, AIR 2000 SC 1136
➢ Rojer Mathew v. South Indian Bank Ltd, (2020) 6 SCC 1
➢ Prashant Bhushan, In re (Contempt Matter), (2021) 1 SCC 745
➢ Vijay Kurle, In re, (2021) 13 SCC 616
➢ State of Kerala v. James Varghese, (2022) 9 SCC 593
➢ Baje Singh v. State of M.P., (2021) 12 SCC 568.
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Module 6 Election Commission of India 2
6.1 Fundamental Principles of Elections
6.2 Nature of the Right to Vote or Contest an Election
6.3 Election Commission
6.3.1 Commission- A Multi Member Body
6.3.2 Power and Function of Election Commission
6.4 Legislative Power Regarding Elections
6.5 Election Disputes
Case Laws
Electoral Reforms
➢ Rajbala & Others vs State of Haryana, decided on 10 December 2015
➢ Common Cause vs Union of India, decided on 13 May 2015
➢ Mohd. Akbar v. Ashok Sahu & Ors, decided on 27 February 2015
➢ People's Union for Civil Liberties v. Union of India, (2013) 10 SCC 1
➢ People's Union for Civil Liberties vs Union of India, (2003 (4) SCC 399)
➢ Jafar Imam Naqvi v. Election Commission of India, 2014(Hate speech during
election compaign)
➢ Public Interest Foundation v. Union of India, 2013 (15) SCALE 482
➢ Arikala Narasa Reddy v. Venkata Rama Reddy , 2014
Other Judements
➢ A.C.Jose v. Sivan Pillai, AIR 1984 SC 921
➢ Common Cause- A Registered society v. UOI (1996) 2 SCC 752
➢ Union of India v. Association for Democratic Rights (2002) 5 SCC 294
➢ S.S.Dhanoa v. Union of India, AIR 1991 SC 1745
➢ T.N.Seshan v. Union of India, (1995) 4 SCC 611
➢ Election Commission of India v. Subramanian Swamy , AIR 1996 SC 1810
➢ Gujarat Legislative Assembly Case 2002
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4. Prescribed/Recommended Readings
Prescribed Readings
Wadhwa 2008)
Choudhary S, Khosla M and Mehta PB (eds), The Oxford Handbook of The Indian
Constitution, (reprinted 1st edn, Oxford University Press 2016)
Jain MP, Indian Constitutional Law (revised by Justice Ruma Pal & Samaraditya Pal ,
reprint 7th edn, Lexis Nexis Butterworths Wadhwa 2016)
2010)
Rai UR, Constitutional Law-I (1st edn, Eastern Book Company 2016)
Seervai HM, Constitutional Law of India (in three volumes, 4th edn reprinted,
Universal Law Publishing Co. 2006)
Singh MP, VN Shukla’s Constitution of India (12th edn, Eastern Book Company
2013)
Recommended Readings
Agarwal BR, Our Judiciary (3rd revised edn, 2nd reprint 2008, National Book
Trust 2008)
(Oxford 2009)
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7. Chandrachud A, An Independent Colonial Judiciary: A History Of The Bombay High
Court (Oxford 2015)
8. Chandrachud A, The Informal Constitution (Oxford 2014)
9. Chinnappa OR, The Court & the Constitution of India summits and shallows (Oxford
2008)
10. Dam S, Presidential Legislation in India (Cambridge 2014)
11. Dawn O and Carlo F, How Constitutions Change: A Comparative Study
(Oxford and Portland 2011)
12. Dicey AV, An Introduction to the Study of the Law of the Constitution (10th edn,
Universal 2008)
13. Godbole M , The Judiciary and Governance in India ( Rupa and Co. 2009)
14. Gururaja C K., Supreme Court Selected Cases (4th edn, Wadha & Company 2011)
15. Jha CD, Judicial Review of Legislative Acts (2nd edn, Lexis Nexis-Butterworths-
Wadhwa 2009)
16. Kashyap SC, Anti-defection Law and Parliamentary Privileges (3rd edn Universal
2011)
17. Kashyap SC, Indian Constitution: Conflicts and Controversies (Vitasta 2010)
18. Kaul MN and Shakdher SL, Practice and Procedure of Parliament (6th edn ,
Metropolitan Book Co. Pvt. Ltd. 2009)
19. Malcolm J, Erskine May Parliamentary Practice (24 edn , Lexis Nexis 2011)
20. Malik L (ed), PP Rao Reclaiming the Vision-Challenges of Indian Constitutional Law
and Governance (1st edn, LexisNexis 2013)
21. Pylee MV, Constitutional Amendments in India ( 3rd edn ,Universal 2010)
22. Rai K , History of Courts Legislature & Legal Profession in India (1st edn, Allahabad
Law Agency 1995 )
23. Rama Devi VS and Mendiratta SK, How India Votes Election Laws, Practice and
Procedure (Butterworths 2000)
24. Rao BS, The Framing of Indian Constitution (Universal 2006)
25. Rao MG, Constitutional Development through Judicial Process (1st edn, ASIA Law
House 2006)
26. Rathod PB, Indian Constitution, Government and Political System, (ABD Publication
2004)
27. Dash SP, Constitutional and Political Dynamics of India (1st edn, Sarup & Sons
2004)
28. Shourie A, The Parliamentary System (ASA Publications 2007)
29. Singhvi LM, Jagdish Swarup Constitution of India, (In two volumes, 3rd edn,
Thomson Reutors 2013)
30. Venkatesan V, Constitutional Conundrums- Challenges to India’s Democratic Process
( LexisNexis 2014)
31. Wadhwa DC, Endangered Constitutionalism: Documents of a Supreme Court Case,
(Gokhale Institute of Politics & Economics 2008)
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5. Delimitation Commission Act, 2002
6. Durgah Khwaja Saheb Act, 1961
7. Election Laws (Amendment) Act, 1975
8. Judges (Inquiry) Act, 1968
9. President (Discharge of Functions) Act, 1969
10. Presidential and Vice-Presidential Elections Act, 1952
11. Salaries and Allowances of Members of Parliament Act, 1954
12. Salaries and Allowances of Ministers Act, 1952
13. The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2008
14. The Gram Nyayalaya Act, 2008
15. The High Court and Supreme Court Judges (Salary & Conditions of Services) Amendment
Act, 2002
16. The High Court and Supreme Court Judges (Salary & Conditions of Services) Amendment
Act, 2008
17. The Legislative Councils Act, 1957
18. The Parliament (Prevention of Disqualification) Act, 1959
19. The Parliament (Prevention of Disqualification)Amendment Act, 2006
20. The Representation of the People (Amendment) Act, 2009
21. The Representation of the People Act, 1950
22. The Representation of the People Act, 1951
23. The Supreme Court (Decrees and Orders) Enforcement Orders, 1954
24. The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
25. The Supreme Court (Number of Judges) Act, 1956 as amended on 1977, 1986 and 2009.
26. The Supreme Court Judges (Condition of Services) Amendment Act, 2002
27. The Supreme Court Judges (Conditions of Service) Act, 1958
28. The Presidents (Emoluments, Allowances and Privileges) Amendment Act, 2008
29. The Salary, Allowances And Pension Of Members Of Parliament(Amendment) Act, 2010
30. The Representation of the People (Amendment) Act, 2010
31. Parliament (Prevention of Disqualification) Amendment Act, 2013
32. Representation of the People (Amendment and Validation) Act, 2013
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95 Constitutional Division with supreme court-a proposal for
214 214th Report on Proposal for reconsideration of Judges Case I, II and III - S P
Gupta Vs, UOI
215 215th Report on L. Chandra Kumar be revisited by Larger Bench of Supreme
Court
221 221st Report on Need for Speedy Justice – Some Suggestions
223 223rd Report on Need for Ameliorating the lot of the Have-nots – Supreme
Court’s Judgments
229 229th Report on Need for division of the Supreme Court into a Constitution
Bench at Delhi and Cassation Benches in four regions at Delhi,
Chennai/Hyderabad, Kolkata and Mumbai
230 230th Report on Reforms in the Judiciary - Some Suggestions
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7. Teaching Methodology
• Lecture Method
• Case Analysis
• Class-room participation
8. Evaluation Pattern
• End Term Examination ----50 Marks
• Continuous Evaluation -----50 Marks (To be announced in the class)
• Total 100 Marks
➢ The given course-outline is tentative. The faculty-member may modify it while preparing
the reference material and engaging the classes.
➢ The teaching methodology of the subject will not necessarily be bound by the parameters
shown here.
➢ Both faculty-member and students may mould it according to needs as and when they arise
for better and progressive understanding of the subject in a flexible way.
➢ Active and positive class participation is mandatory. Maintaining the dignity and decorum
of the class is equally mandatory. Once the class is begun the students are not allowed to
enter the class room.
➢ The students are required to come to the class with necessary homework, which will be
beneficial for positive participation in lectures.
➢ It is mandatory for the students to bring bare act of the Constitution of India in the class
room.
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