SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102 Semester : IV
Course/Module : Constitutional Law II Module Code:
Teaching Scheme Evaluation Scheme
Term End
Lecture Practical Tutorial Internal Continuous
Examinations (TEE)
(Hours (Hours (Hours per Credit Assessment (ICA)
per week) per week) week)
(Marks- 50
(Marks - 50 )
in Question Paper)
3 0 1 3 Marks Scaled to 50 Marks Scaled to 50
Pre-requisite: Constitution I
Objectives:
1. To develop conceptual understanding of the working of the Union and the State Executive
under the Constitution of India.
2. To develop in-depth understanding of the establishment and functioning of the Union and
State Legislature under the Constitution of India
3. To gain insight into the judicial system established under the constitution, the powers vested
on the Supreme Court and High Courts and their functioning
4. To gain conceptual clarity on the legislative competency of the Union and State legislature
and allied concepts of Centre and State relations.
Outcomes:
After completion of the course, students would be able to :
1. Demonstrating a comprehensive understanding of key legal concepts, principles, and
terminologies across various legal disciplines. (PLO 1a)
2. Interpreting and elucidating complex legal texts, statutes, interlinking and hyperlinking the
case laws, highlighting an understanding of legal nuances and implications (PLO 2a)
3.Implementing advanced legal reasoning and analytical skills to practical, real-world scenarios,
showcasing the ability to navigate and solve complex legal problems (PLO3a)
4. Conducting in-depth analysis and critical evaluation of judicial decisions, statutes, and legal
arguments, discerning both strengths and weaknesses. (PLO4a)
Detailed Syllabus: ( per session plan )
Unit Description Duration
1 Union Executive: Evolution of executive powers and the head of state role 3 hrs
Components of Union executive, extent and scope of their Power
Election and removal of President
Powers and Functions of President: Judicial (Pardoning Powers),
Legislative (Ordinance Making Power, declaration of Emergency)
Appointment of Attorney General India.
Cases to be referred:
Maru Ram v Union of India AIR 1980 SC 2147
S. R. Bommai v. Union of India ([1994] 2 SCR 644
Kehar Singh v Union of India AIR 1989 SC 653
Epuru Sudhakar v State of Andhra Pradesh AIR 2006 SC 3385
RK Garg v Union of India AIR 1981 SC 2138
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Shamsher Singh v State of Punjab AIR 1974 SC 219
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. III, M P Jain, Indian Constitutional Law, 8th edition,
2018
2 State Executive: Importance and role of the State Executive in governance of 3 hrs
State
Appointment, Powers and functions of the Governor and Council of
ministers.
Relationship between the Governor and the Council of Ministers
Governor’s power and functions- Judicial and Legislative
Instances of misuse of power and conflict.
Appointment of Advocate general
Cases to be referred:
D. C. Wadhwa v State of Bihar & Ors 1987 SCR (1) 798
Rameshwar Prasad VI v Union of India AIR 2006 SC 980
B.P. Singhal v UOI (2010) 6 SCC 331
State of Gujarat v R.A.Mehta AIR 2013SC 693
Ashish Shelar v. Maharashtra Legislative Assembly (2022) 12 SCC 273
Pedagogy adopted- Case studies and group discussion
Basic Reading- Part VI Ch. II, V.N Shukla’s Constitution of India, 13th
edition, 2017
3 Union Legislature: Constitution and structure of Parliament 3 hrs
Composition of Rajya Sabha and Lok Sabha
Parliamentary Membership- Qualifications and disqualifications
Speaker’s Role and functions
Anti-defection law (Tenth Schedule)
Cases to be referred:
Raja Ram Pal v Hon. Speaker Lok Sabha 2007, 3 SCC 184
Kihoto Hollohan v Zachilhu (1992) 1 SCC 309
S.A. Sampath Kumar v. Kale Yadaiah, 2016 SCC OnLine SC 1875
Nabam Rebia & Ors v Dy. Speaker, Arunachal Pradesh Legislative Assembly
& Ors 2017 13 (SCC) 332
Jaya Bachchan v Union of India AIR 2006 SC 2119
Balchandra L. Jarkiholi & ors. v B.S. Yeddyurappa & ors. [2011] 10 S.C.R. 877
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. II, M P Jain, Indian Constitutional Law, 8th edition, 2018
4 Union Legislature: Parliamentary functions and Procedure 3 hrs
Powers and Functions of the Parliament: Legislative, Executive and
Financial
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Legislative Procedure including introduction, discussion, and passage
of bills
Role of parliamentary parties, whips, and parliamentary privileges
Cases to be referred:
Chief Election Commissioner v Jan Chaukidar (2013) 7 SCC 507
Justice (Retd.) Markandey Katju v The Lok Sabha, decided on 15
December2016
Pandit MSM Sharma v Shri Sri Krishna Sinha AIR 1959 SC 395 (SearchLight
Case
Sita Soren v. Union of India 2024 (Criminal Appeal No. 451 of 2019) (JMM
Bribery case overruled)
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. II, M P Jain, Indian Constitutional Law, 8th edition, 2018
5 State Legislature: Functions, Dynamics and Governance 2 hrs
Constitution and composition of State legislature
Qualifications and disqualifications of members
Creation and Abolition of Legislative Councils
Functions of the state legislature
Case to be referred:
Ram Jawaya Kapur And Ors. vs The State Of Punjab AIR 1955 SC 549
Pedagogy adopted- Group discussion
Basic Reading- Part VI Ch. III, V.N Shukla’s Constitution of India, 13th
edition, 2017
6 The Union Judiciary: Composition, appointment, and tenure of judges in the 3 hrs
Supreme Court
Appointment procedure and qualifications of the C.J.I. and other
Judges: Collegium system and NJAC
Removal of Judges
Cases to be referred:
SP Gupta v Union of India AIR 1982 SC 149 (First Judges Case)
In re: Special Reference AIR 1999 SC 1(Third Judges Case)
SC Advocate-on- Record Association v Union of India (1993) 4 SCC44(Second
Judges Case)
Subhash Sharma v Union of India AIR 1991 SC 631
Supreme Court Advocate-on-Record Association v Union of India 2015Online
SC 964 (Forth Judges Case)
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. IV, M P Jain, Indian Constitutional Law, 8th edition,
2018
7 The Union Judiciary: Jurisdiction and Powers of the Supreme Court 3 hrs.
Original, appellate, and advisory jurisdiction.
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Concept and significance of Special Leave Petitions (SLPs) as a mode
of appeal.
Types of writs and their significance in safeguarding fundamental
rights.
Court of record
Grounds and procedures for seeking review of SC judgments/orders.
Role of Curative petition in facilitating judicial activism and social
justice.
Cases to be referred:
State of Bihar v Union of India (1970) 1 SCC 67
M/S Shorilal & sons v Delhi Development Authority AIR 1995 SC 1084
Saurav Jain v ABP Design AIR 2021 SC 3673
Rupa Hurra v Ashok Hurra (2002) 4 SCC 388.
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. IV, M P Jain, Indian Constitutional Law, 8th edition,
2018
8 The State Judiciary: Composition and Jurisdiction 3 hrs.
Appointment, Transfer and Removal of High Court Judges
Jurisdiction & Powers- Court of record, General jurisdiction, Power of
Superintendence, Power to issue writs.
Inter-relationship of Article 32 and 226
Subordinate Courts: Art.233/234.
Cases to be referred:
Radhe Shyam v Chhabi Nath (2015) 5 SCC 423
Union of India v S.H.Sheth AIR 1977 SC 2328
Shamsher Singh v State of Punjab A.I.R. 1974 SC 2192
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. VIII, M P Jain, Indian Constitutional Law, 8th edition,
2018
9 National Emergency 3 hrs.
Proclamation of emergency and its consequences
Justiciability of President’s Discretion
Centre’s Duty to Protect the States
Financial emergency
Cases to be referred:
SR Bommai v. Union of India AIR 1994 SC 1918.
State of Rajasthan v. Union of India AIR 1977 SC 1361
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. XIII, M P Jain, Indian Constitutional Law, 8th edition,
2018
10 State Emergency 3 hrs.
Failure of Constitutional Machinery in a State
Consequences of Invoking Art. 356 on federalism
Justiciability of the Proclamation under Art. 356
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Cases to be referred:
ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.
Rameswar Prasad v. Union of India AIR 2006 SC 980.
Special Reference No: 1 of 2002 AIR 2003 SC 87
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. XIII, M P Jain, Indian Constitutional Law, 8th edition,
2018
11 Amendment of the Indian Constitution 3 hrs.
Procedure for amending different parts of the Constitution
Evolution of the Amendment Process r/w ninth schedule
Role of the judiciary in reviewing constitutional amendments
Cases to be referred:
Shankari Prasad Singh Deo v. Union of India, AIR 1951 SC 458
Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845.
I.C. Golaknath v. State of Punjab, AIR 1967 SC 1643.
Minerva Mills Ltd. and Ors. v. Union Of India AIR 1980 SC 1789
KesavanandaBharati v. State of Kerala, AIR 1973 SC 1461
Indira Gandhi v. Raj Narain, AIR 1975 SC 2299
Minerva Mills Ltd. Union of India, (1980) 3 SCC 625.
Waman Rao v. Union of India, AIR 1981 SC 271.
I R Coelho v State of Tamil Nadu. AIR 2007 SC 861
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. XLI, M P Jain, Indian Constitutional Law, 8th edition,
2018
12 Separation of powers between Centre and States 3 hrs.
Distribution of legislative powers in seventh Schedule
Constitutional provisions and mechanisms for resolving inter-state
disputes
Allocation of Taxing power r/w The Constitution (One Hundred and
First Amendment) Act, 2016 (GST)
Finance commission (Art 280)
Union Territories and special category states.
Recommendations of Sarkaria Commission and Punchhi Commission
Cases to be referred:
State of Andhra Pradesh vs National Thermal Power Corpn. Ltd. & Ors AIR
2002 SC 1895
Union of India vs H. S. Dhillon 1972 SCR (2) 33
State of U.P. and Anr vs M/S. Synthetics And Chemicals Ltd. 1991 SCC (4)
139
Government of NCT of Delhi v. Union of India & Anr. (2018) 8 SCC 501
State of Andhra Pradesh v Purushotham Reddy (2003) 9 SCC 56
Pedagogy adopted- Case studies and group discussion
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Basic Reading- Ch. X, XI & XII of M P Jain, Indian Constitutional Law, 8th
edition, 2018
13 Centre – State Relations: Principles of Interpretation of Lists. 3 hrs.
Doctrine of Pith and substance.
Doctrine of Colourable Legislation.
Doctrine of Ancillary Power.
Residuary Power of Legislation.
Rule of Harmonious Construction.
Doctrine of Repugnancy- Article 254.
Cases to be referred:
State of Bombay v RMD Chamarbaugwala AIR 1957 SC 699
Tata Iron & Steel Co Ltd v State of Bihar AIR 1958 SC 452
State of Bihar v Charushila Devi AIR 1959 SC 1010
In re CP & Berar Sales of Motor Spirits and Lubricants Taxation Act1938 AIR
1939 FC 1
Prafulla Kumar v Bank of Commerce Ltd, Khulna
State of Rajasthan v G Chawla AIR 1959 SC 544
State of Karnataka v M/S Drive-in Enterprises AIR 2001 SC 1328
K.C. Gajapati Narayana Deo And Ors. vs The State Of Orissa AIR 1953 ORI
185
Pedagogy adopted- Case studies and group discussion
Basic Reading- Ch. X, M P Jain, Indian Constitutional Law, 8th edition, 2018
14 Electoral System in India 3 hrs.
Constitutional framework governing elections in India
Role and functions of the Election Commission of India (ECI)
Nature of the Right to Vote
Overview of the Representation of People Act, 1950 and 1951
Election Disputes and Legal Framework
Cases to be referred
People's Union for Civil Liberties v Union of India (2013) 10 SCC 1
People's Union for Civil Liberties v Union of India (2003 (4) SCC 399)
Public Interest Foundation v Union of India 2013 (15) SCALE 482
Rajbala v State of Haryana, decided on 10 December 2015
Common Cause- A Registered society v UOI (1996) 2 SCC 752
Election Commission of India v Subramanian Swamy AIR 1996 SC 1810
TN Seshan v Union of India (1995) 4 SCC 611
Union of India v Association for Democratic Rights (2002) 5 SCC 294
Anoop Baranwal v Union of India W.P.(C) 114/2015
Pedagogy adopted- Case studies and group discussion
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Basic Reading- Ch. XIX M P Jain, Indian Constitutional Law, 8th edition,
2018, RP Act 1951 bare act:
https://www.parlament.cat/document/intrade/181101
15 Services under Union and States 2 hrs.
Doctrine of Pleasure.
Role and functions of Union Public Service Commission (UPSC) and
State Public Service Commissions (SPSCs).
Cases to be referred
Union of India v Tulsiram Patel AIR 1985 SC 1416
Pedagogy adopted- Group discussion
Basic Reading- Ch. XXXVI M P Jain, Indian Constitutional Law, 8th edition,
2018
16 Government Contracts 2 hr.
Eminent Domain (Right to property) Art 300A
Suing the State in contract (Art 299)
Suing the state in Tort (Art 300)
Cases to be referred:
Indore Development Authority v Manoharlal AIR 2020 SC 1496
State of West Bengal v B.K. Mondal AIR 1962 SC 779
N. Nagendra Rao & Co vs State Of A.P1994 SCC (6) 205
Pedagogy adopted- Group discussion
Basic Reading- Ch. XXXIX M P Jain, Indian Constitutional Law, 8th
edition, 2018
Total 45
Text Books:
1. M P Jain, Indian Constitutional Law, 8th edition, 2018
2. V.N Shukla’s Constitution of India, 13th edition, 2017
Reference Books:
1. H.M. Seervai, Constitutional Law of India (in 4 volumes, reprinted, 4th edn, Universal Law
Publishing Co 2012) (Classic)
2. D.D. Basu, Commentary on the Constitution of India (24th Edition, 2019, Lexis Nexis
Butterworths)
SVKM’s Narsee Monjee Institute of Management Studies
Name of School –Kirit P. Mehta School of Law
Tentative Tutorial -
1. 1.Field visit to Constitutional Bodies like Vidhan Sabha, Vidhan Parishad, Supreme Court of
India, High Court of respective state, etc
2. Guest lecture by eminent scholars on topics like Role of Election Commissions in Ensuring Free
and Fair Elections, Limitations on Constitutional Amendments etc.
3. Field visit to Jail and correctional homes to understand the implantation of Rights of the
Accused.
4. Seminar on Judicial Activism vs. Judicial Restraint.
5. Federalism: Linking the States and the Centre
https://youtu.be/CaEIoAql_XU?si=MN7ORXXC8ZSj1Owy
6. Three Pillars: Executive, Legislature, Judiciary
https://youtu.be/aJ2PCdzUtmQ?si=bTqoCe941k_6i_9w
Any other information :
1. The course shall contain 15 hours of in-class tutorials, as per tutorial guidelines.
2. Latest Updated Statutes, Act, Rules and Regulations and Case Law to be taught after discussion
in Multi-Campus Program Coordination (MPC) Meeting.
3. Field visits to Vidhan Sabha, High Court, Admiralty Court, City Civil and Session Court.
Details of Internal Continuous Assessment (ICA): 50 Marks
Description of ICA Marks
Test I 20
Quiz 10
Group Discussion 10
Class Participation 10
Total 50
Signature Signature
(Prepared by Ms. Sukriti Srivastava
& Mr. Shrikant Aithal)
Date- 05 October 2024 (28th BOs) (Approved by Dr. Durgambini Patel, Dean)
