CONSTITUTION - I

(Tentative Course Outline)

UNDER GRADUATE SEMESTER - II

2017

NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

(established by Orissa Act IV of 2008)

Kathajodi Campus, Sector-13, CDA, Cuttack-753015, Odisha, India

Course Designed By:

Snigdha Singh, Research Associate cum Teaching Assistant

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COURSE DESCRIPTION (PERSPECTIVE)

In all the law schools and universities in India, Constitutional law is a

compulsory subject owing to the prescription by the Bar Council of India.
This subject is very vast given the type of Constitution that we have in place
in India (length and detailed). The course has been divided into three parts
for convenience. This course attempts to answer few basic questions about
Constitution and Constitutional law to begin with. What is constitution all
about? What are the different types of Constitutions in place? What is the
nature of Indian Constitution? What are the fundamentals of Indian
Constitution? What is the difference between Constitution and
Constitutional Law? What is the significance of the preamble to the
Constitution? What is the governance structure in India? What is the
contribution of judiciary towards the development of Constitutional Law?
What is judicial review and when can it be exercised?

The second part of the course deals with the governance structure in India.
The governance structure of a country is the most important structural
design concerning the society. All the promises of fundamental rights and
guaranteed entitlements are of little consequence if the structural
arrangement of power in the government does not foster a pursuit of
constitutional goals. A careful designing of the governance structure is
essential to prevent abuse of power and to ensure that the power holders in
the system are dedicated to the realisation of the constitutional promises. To
this end, the method and degree to which power needs to be separately
distributed amongst the various organs and the systems of controlling the
exercise of the power so vested is an extremely important concern.

The third leg of the course discusses Centre State Relations or Federalism.
The form of Indian political system has been debated by many thinkers and
authors. It has been called a federal system with centralising tendencies,
unitary system with federal features, a quasi-federal system, federation
sui generis etc. The division of power between the Centre and the States has
been guaranteed in the Indian written Constitution which is supreme and
the independent judiciary ensures its justifiability. Both the Centre and the
States have their respective legislative and executive organs at central and
state levels. India, however, unlike other federations, has an independent
and integrated judiciary which adjudicates cases relating to both the central
and state laws. There were many reasons which led the constitution makers
to not adopt the typical conventional federal framework prevalent in
standard federations around the world and modify the regular framework to
best suit the needs of the nation.

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OBJECTIVE/PURPOSE OF THE COURSE

The objectives of the course are as follows:

a) To have a clear understanding of the background leading to the

framing of the Indian Constitution, its sources, its framework, its
nature and the fundamentals of the Indian Constitution.
b) To develop an understanding of the governance structure as
contemplated in the constitutional prescriptions
c) To have a critical appreciation of the deviation in practices from the
original constitutional framework
d) To have an effective assessment of the functioning of the different
organs of the government and the relations interse
e) It also attempts to give an insightful analysis of the subject to equip
students not only to have deeper understanding of the course at hand
but also enable them to solve problems arising from the application of
law and help them articulate their views over contemporary legal
issues and offer suggestions.
f) It encourages students to undertake research in areas under
Constitutional Law (preferably the ones which have not been explored
sufficiently).

TEACHING LEARNING METHOD

The method that will be adopted to offer this course will involve lecture cum
discussion, case analysis, assignments, presentations and group
discussions. The reason for adoption of such method is to encourage
participation and discussions in class, to help students formulate ideas and
opinions on various aspects of the subject and to encourage research.

EVALUATION SYSTEM (PERFORMANCE)

The evaluation system of National Law University Odisha for under-

graduation course encourages research, promotes continuous review and
ensures transparent evaluation system. Consistency will be valued; an
uneven set of performances with sporadic eruptions of brilliance once in a
while will not lead to sustained excellence. To secure good grades one will
have to perform well over a period of time. In order to promote transparency
and objectivity, detailed evaluation report of the assessments in the form of
projects, presentations, group discussions and the like will be given to
students for their perusal.

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 Assessment Mode Marks
Project Project Content 20
Viva/Presentation/Group 05
Discussion
Mid Semester 25
End Semester 45
Attendance 05

LECTURE PLAN (PLAN)

Parts Modules (10) Lecture

Hours (60)
Constitution, Constitutional Law and 4
Part A Constitutionalism
(Introduction) Preamble and Fundamentals of Indian 4
Constitution
Part B The Executive 8
(Institutions The Legislature 6
of The Judiciary 15
Governance)

Part C The Federal Idea and the Nature of Indian 3

(Centre State Federalism
Relations) Centre State Legislative Relations 6
Centre State Administrative Relations 5
Centre State Financial Relations 5
Emergency Provisions 4

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PART A (INTRODUCTION)

MODULE -I

Constitution, Constitutional Law and Constitutionalism

Description of the Module:

This Module involves discussion on meaning of Constitution, different kinds

of Constitutions, merits and demerits of having a detailed Constitution over
a skeletal Constitution, Indian Constitutional development and drafting
(briefly), sources of Indian Constitution, Constitution and Constitutional law
and the concept of Constitutionalism.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 1)
Optional Readings:
o K.C. Wheare, Modern Constitutions
o Granville Austin, The Indian Constitution: Cornerstone of a Nation
o Austin, Granville, Working a Democratic Constitution; A History of the
Indian Experience, Oxford University Press, 2003
o Constituent Assembly Debates, Official Report, Lok Sabha Secretariat,
New Delhi.

MODULE-II

Preamble and Fundamentals of Indian Constitution

Description of the Module:

The second module essentially deals with the nature of Indian Constitution
and its salient features. It covers discussion on various doctrines and rules
(Doctrine of Separation of Powers and Rule of Law), understanding of which
is imperative to appreciate the nature of the Indian Constitution.

It further looks at significance of the preamble to the Indian Constitution,

the basic ideals enshrined in it and preamble as an interpretative aid to the
text of the Constitution.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 2, 3 & 4)
Kesvananda Bharti v. State of Kerala, 1976(2) S.C.R. 347
Optional Readings:
o H.M. Seervai, Constitutional Law of India, Volume 1, Chapter I, I-A,IV
o B. Shiva Rao, The Framing of Indias Constitution, Part I

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PART B (INSTITUTIONS OF GOVERNANCE)

MODULE-III

The Executive

Description of the Module:

The Module consists of nature of executive power under parliamentary and

presidential forms of government, and the respective merits and demerits of
the two systems. It also covers terms of office, eligibility, election and
removal, powers and immunities of the office of president and vice-president
in India.

It deals with formation of the council of ministers and the relationship

between president (or governor) and his council of ministers. It further
involves discussion on the special position of president under Indian
Constitution.

It also entails discussion on appointment, terms of office, powers and the

position of governor as a link between centre and the states.

Lastly, the module concludes with a discussion on viability of parliamentary

form of government.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 5 & 6)
Optional Readings:
o H.M. Seervai, Constitutional Law of India, Volume 2, Chapter XVIII

MODULE-IV

The Legislature

Description of the Module:

This module begins with functions, composition and duration of legislative

houses (House of People, Legislative Assemblies, Council of States and
Legislative Councils). It also covers appointment, powers and functions of
the presiding officers of legislative chambers and conduct of business in
parliament and state legislatures.

It also discusses various qualifications and disqualifications of members

which in turn involves discussions on concepts like office of profit and anti-
defection law.

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It further looks at legislative procedures involving an understanding of
classification of bills (ordinary and money bills) and procedures for passing
the same. A brief discussion on Consolidated Fund of India and of the states
also forms a part of this module.

Lastly, it deals with parliamentary privileges.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 7)
Keshav Singh v. Speaker, Legislative Assembly, AIR 1965 SC 745

MODULE-V

The Indian Judiciary

Description of the Module:

Concept of independent judiciary and doctrine of separation of powers

characterise this module.

The module provides an understanding of the organisation of courts in India

with the Supreme Court as the apex court. It discusses the seat of the
Supreme Court, mode of appointment of Supreme Court judges upto 1989
and then the concept of collegium system. It further discusses
establishment of high courts in states, the appointment and transfer of its
judges. It also discusses the impeachment procedure.

It also includes jurisdiction and powers of the Supreme Court (especially its
jurisdiction under Article 131, 136 and 143) and High Court (especially its
jurisdiction under Article 226)

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 8 & 9)
L. Chandrakumar v. Union of India, (1997) 3 SCC 261
Indira Nehru Gandhi v. Raj Narain, AIR 1975 S.C. 2299
Supreme Court Advocates on Record Association and another v. Union
of India, (1993) 4 SCC 441
Optional Readings:
o H.M. Seervai, Constitutional Law of India, Volume 3, Chapter XXV,
XXVI
o V.N.Shukla, Constitution of India, 11th Edition, Part V, Chapter IV
o M.P. Jain, Indian Constitutional Law, 7th Edition, Chapter VIII

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PART C (CENTRE STATE RELATIONS)

MODULE-VI

The Federal Idea and the Nature of Indian Federalism

Description of the Module:

The module attempts to answer various questions like what is meant by the
term federalism and what are the basic characteristics of a federal system. It
then distinguishes it from a unitary model and compares the advantages
and disadvantages of the two.

It then assesses the federal character of the Indian Constitution by first

discussing the background or the reasons that led to a federal solution in
our country. It then identifies the federal as well as unitary features evident
in the Indian Constitution. Lastly, it focusses on the concept of co-operative
federalism.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 10)
Optional Readings:
o K.C. Wheare, The Federal Government
o H.M. Seervai, Constitutional Law of India, Volume 1, Chapter V
o The Report by Sarkaria Commission on Centre State Relations (1988)
(Chapter 1).

MODULE-VII

Centre State Legislative Relations

Description of the Module:

It deals with distribution of legislative powers under the Constitution (both

territorial and subject wise) between the Centre and States. It also looks at
the concept of residuary power and the scope of parliamentary legislation in
the state field. It further deals with various rules of judicial interpretation for
better understanding of federal distribution of powers like rule of broad and
progressive interpretation, rule of incidental and ancillary powers, rule of
harmonious interpretation, rule of pith and substance and rule of colourable
legislation. It finally deals with meaning and effect of doctrine of
repugnancy.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 11)

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 Optional Readings:
o Seervai, H.M.: Constitutional Law of India (Vol. 1), Universal Law
Publishing Co. Pvt. Ltd., New Delhi.
o Jain, M.P, Indian Constitutional Law, (Vol. 1), Lexis Nexis
Butterworths Wadhwa, Nagpur.
o The Report by Sarkaria Commission on Centre State Relations (1988)
(Chapter 2).
o The Report of the National Commission to Review the Working of the
Constitution (2002), Volume 1.
o Report of the Commission on Centre-State Relations, (Volume 2-
Constitutional Governance and the Management of Centre-State Relations),
March 2010

MODULE-VIII

Centre State Administrative Relations

Description of the Module:

This module consists of distribution of administrative powers between the

Centre and states, inter-governmental delegation of administrative powers,
Centres dependence on state administrative machinery and Centres power
to issue directions to states. It also includes a discussion on Article 355 of
the Indian Constitution.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 12)
Optional Readings:
o Seervai, H.M.: Constitutional Law of India (Vol. 1), Universal Law
Publishing Co. Pvt. Ltd., New Delhi.
o Jain, M.P, Indian Constitutional Law, (Vol. 1), Lexis Nexis
Butterworths Wadhwa, Nagpur.
o The Report by Sarkaria Commission on Centre State Relations (1988)
(Chapters 3-5, 7-9).

MODULE-IX

Centre State Financial Relations

Description of the Module:

It deals with the scheme of distribution of revenue resources and taxing

powers of the Centre and states. It also looks at various vertical and
horizontal imbalances with respect to such distribution. It also discusses
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inter-governmental tax immunities and restrictions on states power to
impose sales tax. It finally deals with various fiscal grants and role of
Finance Commission in reference to the same.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 13)
Optional Reading:
o The 14th Finance Commission Report

MODULE-X

Emergency Provisions

Description of the Module:

This module deals with emergency provisions unique to Indian Federalism

(de-jure). It at first discusses mode and impact of emergency proclaimed on
account to threat to the security of India under Article 352. It further
discusses mode and impact of financial emergency under Article 360. It
finally discusses proclamation, duration, content and consequences of
failure of constitutional machinery in a state under Article 356 of the
Constitution of India.

Recommended Reading:
Uday Raj Rai, Constitutional Law- I (Chapter- 14)
State of Rajasthan v. Union of India, AIR 1977 SC 1361
S.R. Bommai v. Union of India, AIR 1994 S.C. 1918
Rameshwar Prasad (6) v. Union of India, (2006) 2 SCC 1
Optional Readings:
o Seervai, H.M.: Constitutional Law of India (Vol. 1), Universal Law
Publishing Co. Pvt. Ltd., New Delhi.
o Jain, M.P, Indian Constitutional Law, (Vol. 1), Lexis Nexis
Butterworths Wadhwa, Nagpur.
o The Report by Sarkaria Commission on Centre State Relations (1988)
(Chapter 6)
o A consultation paper on Article 356 of the Constitution, National
Commission to Review the Working of the Constitution, 2001.

OTHER CASES AND MATERIAL FOR REFERENCE

List of cases for reference:

A.D.M. Jabalpur v. Shiv Shankar Shukla, 1976 Suppl. S.C.R. 172

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 A.H. Wadia v. Income Tax Commissioner, AIR 1949 FC 18.
A.K. Roy V. UOI 1982 (2) SCR 272
A.P. Sampoorna Madhya Nished Samithi & Ors. v. State of A.P., AIR 1997
A.P. 312
Ahmedabad Mill Owners Association v. I.G., AIR 1967 SC 1091
Ajay Hasia v. Khalid Mujib Sehravardi, (1981) I SCC 722
Bar Council, U.P. v. State of U.P., AIR 1973 SC 231, 238; (1973) 1 SCC
261.
Barani v. Henry, AIR 1983 SC 150
Basheshar Nath v. CIT, AIR 1959 SC 149
Calcutta Gas Co. v. State of W.B. AIR 1962 S.C. 1044
D. S. Nakara v. Union of India, (1983) I SCC 305
D.C. Wadhwa v. State of Bihar 1987 (1) SCC 379
DAV College v. State of Punjab AIR 1971 SC 1737
Deep Chand v. State of U. P., AIR 1959 SC 648; (1959) Suppl. 2 SCR 8.
Dharam Dutt v. Union of India, (2004) 1SCC 712, AIR 2004 SC 1295
Excel Wear v. Union of India, (1978) SCC 224
G. Vishwanathan v. Speaker T.N. Assembly 1996 (2) SCC 353
Gujarat University v. Sri Krishna AIR 1963 SC 702
Gunupati v. Nafisul Hasan AIR 1954 SC 636
Hoechst Pharmaceuticals v. State of Bihar, AIR 1983 SC 1020
In powers, privileges and Immunities of State Legislature Re: AIR 1965
SC 745
In re Berubari Union, AIR 1960 SC 845
India Cements Ltd & Anr v. State of Tamil Nadu, 1990 (1) S.C.C. 12
Indira Gandhi v. Raj Narain AIR 1975 S.C. 2299
Jawaharmal v. State of Rajasthan, AIR 1966 SC 764, 769, 790: (1966) 1
SCR 890
Jayanti Lal Amrit Lal Rana v. F.N. Rana AIR 1964 S.C. 648
K. Nagraj v. State of A.P. 1985 (1) SCC 527
K.T. Plantantion v. State of Karnataka, AIR 2002 (Oct) Kar 365
Karunanidhi v. Union of India, AIR 1979 SC 898; (1979) Cri LJ 773
Keshavananda Bharti v. Union of India, AIR 1973 SC 1461
Kihoto Hollohah v. Zachillu 1992 Suppl (2) SCC 651
Krishan Kumar v. State of Bihar 1998 (5) SCC 643
M. Kashinath Jalmi v. Speaker Legislative Assembly Goa 1993 (2) SCC
703
Makhan Singh v. State of Punjab AIR 1964 SC 381
Maneka Gandhi v. Union of India , (1978) I SCC 248
Minerla Mills v. Union of India AIR 1980 S.C. 1804

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 National Human Rights Commission v. State of Arunachal Pradesh, AIR
1996 S.C. 1234
P.V. Narsimha Rao v. State 1998 (94) SCC 626
Pandit MSM Sharma v. Sri Krishna Sinha AIR 1959 SC 395
Pochanna Lingappa v. State of Maharashtra, AIR 1985 SC 389, (1985) 1
SCC 425.
Prafulla v. Bank of Commerce, AIR 1946 PC 60
Prem v. Chhabra, (1984) 2 SCC 302
Premnath v. State of J&K, AIR 1959 SC 749 (1959) Suppl 2 SCR 270.
Prof. Yashpal v. State of Chattisgarh, (2005) 5 SCC 420; AIR 2005 SC
2026
R.K. Dalmia v. Justice Tendulkar AIR 1958 S.C. 538
Raghubir v. State of Haryana, AIR 1981 SC 2037
Ram Jawaya v. State of Punjab, 1955(2) SCR 225
Rameshwar Prasad (6) v. Union of India, (2006) 2 SCC 1
Ravi Naik v. UOI AIR 1994 SC 1558
Roop Ashok Hurrah v. Ashok Hurrah 2002 (3) SCC 406
S.R. Bommai v. Union of India, AIR 1994 S.C. 1918
Samta Vedike v. State of Karnataka 2003 CR.L.J. 1003
Scora v. U.O.I. 1993 (4) S.C.C. 441
Shamser v. State of Punjab, AIR 1974 SC 2192
Southern Pharmaceuticals v. State of Kerala, AIR 1981 1865
State of Bombay v. Balsara, AIR 1951 SC 318
State of Bombay v. RMDC, AIR 1958 SC 699
State of H.P. v. Umed Ram Sharma AIR 1986 S.C. 847
State of Haryana v. Ram Kishan AIR 1988 SC 1301
State of Karnataka v. Union of India, AIR 1978 SC 68
State of M.P. v. Bharat Singh, AIR 1967 SC 1170
State of Maharashtra v. A. Lakshmirutty AIR 1987 SC 331
State of Rajasthan v. G.Chawla AIR 1959 SC 544
State of Rajasthan v. Union of India, AIR 1977 SC 1361
State of West Bengal v. Union of India, AIR 1963 SC 1241
Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) I SCC
421
Tej Kiran v. Sanjiva Reddy AIR 1970 SC 1573
Tika Ramji v. State of UP, (1956) SCR 393; AIR 1956 SC 676
Tirupathi Balaji Developers (P) Ltd. v. State of Bihar AIR 2004 SC 2351
U.N. Rao v. Indira Gandhi, AIR 1971 S.C. 1002
Ukha v. State of Maharashtra, AIR 1963 SC 1531
Union of India & Ors. V. Shah Govardhan Lal Kabra 2000 (7) Scale 435
Union of India v. H.S. Dhillon, AIR 1959, SC 395

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 Union of India v. V.H.S. Dhillon AIR 1972 SC 1061
Vijay Kumar Sharma v. State of Karnataka, AIR 1990 SC 2072
Western Coalfields v. Special Area Development, AIR 1982 SC 697
Zaverbhai v. State of Bombay, AIR 1954 SC 752

Other Readings:

Fourteenth Report of Second Administrative Reforms Commission on

Strengthening Financial Management Systems by Department of
Administrative Reforms and Public Grievances, Ministry of Personnel,
Public Grievances & Pensions, Government of India. (2009). Published by
Ministry of Personnel, Public Grievances & Pensions, Government of
India. New Delhi.
Report of the Fourteenth Finance Commission (201520), by Ministry of
Finance, Government of India, (2014). Published by Ministry of Finance,
Government of India. New Delhi.
A consultation paper on Article 356 of the Constitution, National Commission
to Review the Working of the Constitution, 2001. (Vol. 2, Book 2)(Available at
http://lawmin.nic.in/ncrwc/finalreport/volume2book2.htm)
A Consultation Paper on Constitutional Mechanisms for Settlement of Inter-
State Disputes, National Commission to Review the Working of the Constitution,
2001. (Available at http://lawmin.nic.in/ncrwc/finalreport/volume2book2.htm)
Austin, Granville, Working a Democratic Constitution; A History of the
Indian Experience, Oxford University Press, 2003
Basu, D.D, Comparative Federalism, Wadhwa and Company, Nagpur.
Basu, D.D., Commentary on the Constitution of India (Vol. 1, 8), Lexis
Nexis, Gurgaon.
Constituent Assembly Debates, Official Report, Lok Sabha Secretariat,
New Delhi.
Granville Austin, The Indian Constitution: Cornerstone of a Nation
Jain, M.P, Indian Constitutional Law, (Vol. 1), Lexis Nexis Butterworths
Wadhwa, Nagpur.
K.C. Wheare, Modern Constitutions, OUP, Oxford 1966.
Kashyap, Subhash C., Constitution Making Since 1950- An Overview (
Vol. 6), Universal Law Publishing Co. Pvt. Ltd., New Delhi.
Marshall, Geoffrey, Constitutional Theory, Clarendon Press, Oxford, 1971
Report of the Commission on Centre-State Relations, (Volume 1-
Evolution of Centre-State Relations in India), (Volume 2- Constitutional
Governance and the Management of Centre-State Relations), (Volume 3-
Centre-State Financial Relations and Planning), March 2010 (Available at
http://interstatecouncil.nic.in/ccsr_report.html)
Seervai, H.M.: Constitutional Law of India (Vol. 1), Universal Law
Publishing Co. Pvt. Ltd., New Delhi.

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 Shiva Rao B.: The Framing of Indias Constitution (5 Vol.), Universal Law
Publishing Co. Pvt. Ltd., New Delhi.
Shukla, V.N., Constitution of India, 11th Edition
The Report by Sarkaria Commission on Centre State Relations (1988)
(Chapter 1-10). Published by Ministry of Home Affairs, GoI. New Delhi.
(Available at http://interstatecouncil.nic.in/Sarkaria_Commission.html)

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