CONSTITUTIONAL LAW -II

Prerequisite: None

Course Code: SLL 2708 Credits: 04

Course Objectives:
1. To familiarize the students with the organization, Powers and Functions of the various Organs of
the Government.
2. To critically analyze the significant judicial decisions highlighting judicial restraint on the powers
of legislature and executive
3. Examine the expanding role of judiciary through judicial passivity, judicial activism and judicial
balancing.

Learning Outcomes:

1. Identify the distribution of powers between legislature, executive and judiciary.

2. Analyze the provisions of the constitution with respect to the functions performed by
each organ of the Government.
3. Undertake a case study of critical analysis of the use of power by each organ of the
Government and evaluate the results and doctrines established.
4. Critical analysis of the evolutionary case study relating to power exercised by the
judiciary to keep a check on the laws passed by the legislature.

Scheme: This course is comprised of about 48 lectures of one-hour duration divided into four
Units with 9 -11 lectures in each Unit.

Course Contents:

UNIT I: Constitutional Organs in India

Constitutional Organs:
Parliament: Sovereignty; Privileges; Anti Defection Law
1. Jaya Bachchan v. Union of India AIR 2006 SC 2119
2. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007)3 SCC 184
3. M.S.M. Sharma v. Sinha (I) AIR 1959 SC 359 (Searchlight case)
4. Kihota Hollohan v. Zuchilhu AIR 1993 SC 412
5. Jagjit Singh v. State of Haryana (2006) 11 SCC 1
State Legislatures: Composition; Privileges
 6. Ashok Pandey v. K. Mayawati AIR 2007 SC 2259
Executive: Privileges of the President; Principle of Collective Responsibility
7. B. R. Kapur v. State of Tamil Nadu AIR 2001 SC 3435
8. S. P. Anand, Indore v. H. D. Deve Gowda AIR 1997 SC 272

UNIT II: Judiciary and Services in India

Constitutional Organs (contd.):
Judiciary - Jurisdiction of Supreme Court and High Courts; Independence of Judiciary; Public Interest
Litigation; Judicial Review; Doctrine of stare decisis
9. Re Arundhati Roy AIR 2002 SC 1375 (Contempt of Court and Advisory Jurisdiction)
10. Re Presidential reference case AIR 1999 SC 1
11. Columbia Sportwear Company v. DIT, Bangalore (2012)11 SCC 224
12. Shankar raju v. Union of India (2011)2 SCC 132
13. Purshottam Lal Dhinra v. Union of India AIR 1958 SC 36
Services under the State: All India Services; Public Service Commissions; Doctrine of Pleasure
14. Dhananjay v. Chief Executive Officer, Zila Parishad, Jalna AIR 2003 SC 1175
15. SC Adv.on Record Association v.UOI 2015 (11) SCALE 1
16. Madras Bar Association v. UOI 2014 (10) SCC 1
17. Mohd. Arif v. The Reg. Supreme Court of India (2014) 9 SCC 737

UNIT III: Centre State Relations

Distribution of Powers between the Centre and the States: Doctrines of Territorial Nexus, Harmonious
Construction, Pith and Substance, Colourable Legislation and Repugnancy
18. Godfrey Philips India Ltd. v. State of UP (2005) 2 SCC 515 (Rule of Harmonious Construction)
19. Bharat Hydro Power Corporation Ltd. v. State of Assam AIR 2004 SC 3173
20. State of Karnataka v. Drive-in Enterprises AIR 2001 SC 1328 (Doctrine of Pith and Substance)
21. Prof. Yashpal v. State of Chhattisgarh AIR 2005 SC 2026
22. KC Gajapati Narayan Deo v. State of Odisha AIR 1953 SC 375 (Doctrine of Colourable
Legislation)
23. Grand Kakatiya Sheraton Hotel and Towers Employees & Workers Union v. Srinivasa Resorts
Ltd. AIR 2009 SC 2337
24. G.V.K Industries v. Income Tax Officer (2011) 4 SCC 36
25.
Freedom of Interstate Trade, Commerce and Inter course
26. Atiabari Tea Company Ltd. v. State of Assam AIR 1961 SC 232
27. Jindal Stainless Ltd. vs. State of Haryana AIR 2006 SC 2550

UNIT IV: Emergency and Amendment under the Constitution

Emergency Provisions: National, State and Financial; Emergency and Fundamental Rights
28. S. R. Bommai v. Union of India AIR 1994 SC 1918 (landmark reference)
 29. Rameshwar Prasad (VI) v. Union of India AIR 2006 SC 980
Amendment of the Constitution: Procedure; Doctrine of Prospective Overruling; Doctrine of Basic
structure
30. Golak Nath v. State of Punjab AIR 1967 SC 1643
31. Keshavananda Bharati v. State of Kerala AIR 1973 SC 1461
32. Minerva Mills Ltd. v. Union of India AIR 1980 SC 1789

Pedagogy:

The application of specific pedagogy is motivated from the fact that strong foundations need to
be developed. Pedagogy for the module has to take care of two things. Firstly, a constant
interaction among students and tutor is required, involving students in active and participative
manner. Secondly, an instructive strategy is required to understand implications emphasising
learning by doing. Thus, in this module following pedagogical approaches are adopted:
 Student Lecture and Presentation: To support the development of theoretical construct.
 Writing exercises to enable students to employ and hone their learning.
 Case Study Method: to enable the students understand the gradual development of law
by the judiciary.

Examination Scheme:
Component of Evaluation P CP ME EE
Weightage (%) 10 10 20 60
P: Project; CP: Case Presentation; ME: Mid- Sem Examination; EE: End Term Examination

Suggested Readings:
M.P.Jain, Indian Constitutional Law, Wadhwa & Co, Nagpur
V.N.Shukla, Constitution of India, Eastern Book Company, Lucknow
Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi
H.M.Seervai, Constitutional Law of India (in 3 Volumes), N.M.Tripathi, Bombay
G.C.V.Subba Rao, Indian Constitutional Law, S.Gogia & Co., Hyderabad
B.Shiva Rao, Framing of India’s Constitution (in 5 Volumes), Indian Institute of Public Administration,
New Delhi
J.N.Pandey, Constitutional Law of India, Central Law Agency, Allahabad