T1403-Constitutional Law II

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LL B

Semester III
Constitutional Law II
Course Name: Constitutional Law II

Course Code: T1403

UG/PG: UG

Number of Credits: 4

Level: 4

Learning Objective(s):
1. To understand the theory of Separation of Powers, its practical relevance and the doctrine of
checks and balances
2. To understand the nature of the Government and Governance in India
3.To understand the role, powers and functioning of the various organs of the government as
embedded in the Constitution of India
4. To understand the relationship between the various organs of the government and the
centre and the state governments

Learning Outcomes:

1. The students will be able to understand how the government functions in practice
2. The students will be able to identify the problems or the issues which hinder the smooth
functioning of the government and come up with probable solutions of the same
3. The students will be able to comprehend the current issues of governance in a more
adequate and channelized manner

Pedagogy:
1. Seminar
2. Lecture
3. Discussion
4. Self Study
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Pre-requisites:
Pursing BA/BBA LL.B or 3 year LL.B programme

Course Outline

Sr. No. Topic Hours


1 Indian Federalism (10)
1.1 Federalism: Definition and Essential Characteristics
1.2 Nature of the Indian Constitution: Federal or Quasi-federal
1.3 Division of Powers between the Centre and States
1.4 Emergency Provisions:-
a) National Emergency under Article 352
b) State Emergency under Article 356
1.5 Inter-governmental Conflicts
1.6 Special Status of Jammu and Kashmir
1.7 Federal Structure in Globalized World

2 Parliament for the Union (07)


2.1 Composition of Parliament
2.2 Role of RajyaSabha
2.3 Qualifications and Disqualifications for Membership
2.4 Anti-defection Law
2.5 Parliamentary Privileges: Need for Codification

3 The Union Executive (04)


3.1 The President: Functions, Powers and Privileges
3.2 Appointment of Prime Minister
3.3 Council of Ministers: Organization and Working

4 The Supreme Court (08)


4.1 Independence of Judiciary
4.2 Appointment of Judges- S. P. Gupta to Presidential Reference
4.3 Removal of Judges
4.4 Judicial Accountability
4.5 Advisory Jurisdiction of the Supreme Court under Article 143
4.6 Appellate Jurisdiction under Article 136
4.7 Article 141- Doctrine of Precedent

Academic Year 2018-19


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5 State Legislature (04)


5.1 Composition and Functions
5.2 Creation and abolition of Legislative Council
5.3 Membership and Disqualifications
5.4 Legislative Privileges

6 State Executive (04)


6.1 Governor: Appointment, removal, functions and powers
6.2 Role of the Governor: Some Controversies
6.3 State Council of Ministers
6.4 Appointment of Chief Ministers and Other Ministers

7 High Courts (04)


7.1 Appointment and removal of Judges
7.2 Jurisdiction under Articles 226 and 227
7.3 L. Chandra Kumar v. Union of India
7.4 Contempt of Court

8 Election and Electoral Reforms (04)


8.1 Election Commission: Composition, functions and powers
8.2 Electoral Reforms: Some Reflections

Total 60

Suggested Readings:
 Durga Das Basu, Shorter Constitution of India, Vol. 1 & 2 14th edition Lexis
NexisButterworthsWadhwa, Nagpur, (2009)
 Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press,
(2000)
 Granville Austin, Working A Democratic Constitution: A History of the Indian Experience,
Oxford, (2000)
 Jain M. P., Indian Constitutional Law, Wadhwa and Company, Nagpur, 5th edition (2007)
 Khanna H. R., Making of India's Constitution, Eastern Book Co., 2nd Ed (2008)
 Noorani A. G., Constitutional Questions in India, Oxford University Press, (2000)
 Pandey J. N., Constitutional Law of India, Central Law Agency, 44th edition (2007)
 Reddy O. Chinnappa, The Court and the Constitution of India, Summits and Shallows, Oxford
University Press, (2008)
 Report of the National Commission to Review the Working of the Constitution Vol. I,
Universal Law Publishing Co. Pvt. Ltd., (2002)
Academic Year 2018-19
Page |4

 Seervai H. M., Constitutional Law of India, Volumes 1, 2 and 3 Universal Law Publishing Co.
Pvt. Ltd., 4th edition (1993)
 Verma S. K. and Kusum (Editors) Indian Law Institute, New Delhi, Fifty Years of the Supreme
Court of India, Its Grasp and Reach,Oxford University Press, (2006)

Suggested Evaluation Methods:

All external courses will have 60% internal component and 40% external component
[University] examination.Methodology of Internal Assessment will be at least 4 components
from the following list of assessment methods:

 Seminar Presentations
 One written test
 Viva Voce
 Essays
 Project, Group projects and Dissertations
 Cases and open problems
 Work based Assessment
 Multiple choice Questions
 Problems
 Short Answer Questions
 Learning logs/ diaries
 Computer based Assessment
 Single Essay Examination
 Reflective practice Assignments
 Modified Essay Questions
 Simulation
 Objective Structured Clinical Examination

Parallel/Similar courses the existing curriculum:

S.No. Name of the course Institute where it was offered

Name of
Member
Designation
Org. / Inst.
Signature

Academic Year 2018-19


Page |5

Name of the Expert:

Signature:

Date:

Academic Year 2018-19

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