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Semester IV
Teaching Plan
Constitutional Law-II
• To familiarize the students with the key concepts regarding nation building and
constitutional law.
• To inculcate the skill of reading the Constitution as the purveyor of all legitimate
political power.
• To identify the fundamental policy choices incorporated in the Constitution.
• To examine the historical evolution of constitutional doctrines, standards, and tests.
• To keep students abreast of the latest developments and changes in the field of
constitutional law.
B. Skills
The subject has been so designed as to generate critical thinking among students about
the stated objectives of constitutional law and to enable them to examine the recent
developments and changes that have taken place in the field. The overall objective of this
undergraduate course is to inculcate the learner with the following set of skills: general
cognitive intellectual skills, general communicative/employability skills and subject
specific skills.
Cognitive:
Constitutional Law II will demand that students have the capacity to demonstrate insight
in presenting materials drawn from a varied and sometimes wide range of primary and
secondary sources and doctrinal commentaries. The substantive materials continue to
focus on imparting an understanding of those basic principles and doctrines that come
into play across the range of provisions of constitutional law.
Employability:
It is imperative that learners obtain an understanding of the basic principles as reflected in
the detailed case studies of some particular cases. The paper will demand that students
have the capacity to be able to write and use orally fluent and complex prose; using legal
terminology with scrupulous care and accuracy.
Subject Specific:
Constitutional Law II will demand an ability to get accustomed to the peculiar nature of
legal arguments in constitutional controversies based on the constellation of constitutional
values and principles enunciated in Supreme Court majority and minority opinions.
Student should be able to develop critical understanding of the interpretations of
constitutional provisions offered by the apex court in India.
C. Outcomes:
Two key skills will be highlighted by this course (a) case synthesis/problem solving and
(b) independent research. These skills will be central to the learners’ success in
completing this course’s scheme of assessment.
Case Synthesis/Problem solving:
For the preparation of tutorial, the learner would be asked to read, analyze and synthesize
a number of cases. The learner would similarly be asked to use that knowledge to
support his/her answer to a number of hypothetical, factual or problem scenarios. Hence
it is necessary to fetch sufficient aptitude to the encounter of solving some of the most
vexing problems of our times.
Independent research work: In preparing for the course work assignment, particular
emphasis will be placed on independent learning i.e., the ability to take initiative in the
design (individualized approach or plan of action) and research (external legal and non-
legal sources) of the stated project. The course work in question is deliberately broadly
drawn, and is designed to challenge the learner in this regard.
Final Outcome
Assessment is by compulsory coursework examination (40% Internal + 60% External=
100%) under the auspices of the Symbiosis International (Deemed University), Pune.
3. LECTURES
The student will not be eligible to appear for the examination if he / she fail to put in the
required attendance. The Students can update themselves of their attendance daily online
in ‘Attendance’ on ‘Curiosity’ Portal at https://slsnoida.curiositylive.com.
B. Notifications:
Learners are informed that notice/s, if required, with respect to Academic-Administration,
either by Course-in-Charge or Faculty-In-Charge, Academic Coordination will be sent using
‘Owl@Curiosity’. No notifications will be published by Course-in-Charge/Faculty-In-
Charge, Academic Coordination or Learner using ‘Library@Curiosity’. You are required to
keep yourself duly informed.
C. Lecture Outline:
Students are advised to carry their personal copy of the Bare Act.
December Lecture – 2
Introduction to Constitutional Law II
23 , 2019
Lecture – 3
Federalism and Nature of Indian Constitution
Lecture – 4
Week - 02 Territorial division of legislative powers (245)
Lecture – 5
December Subject wise division of legislative powers (246)
30, 2019 Lecture – 6 Doctrine of Pith and Substance, Harmonious Construction,
Colourable Legislation and Ancillary Powers.
Lecture – 7
Week – 03 Non-obstante and subjection clause in 246
Lecture – 8
January 6, Residuary Legislative Power
2020 Lecture – 9 Legislative conflict and repugnancy (254)
Week – 05 Lecture – 13
Obligation of state and union (256)
January Lecture – 14
Union control over states (257)
20, 2020 Lecture – 15 Intergovernmental delegation of functions ( 258, 258A)
Week – 06 Lecture – 16
Inter-state water disputes (262)
January Lecture – 17
Inter-state Council, National Development Council (263)
27, 2020 Lecture – 18 Emergency provisions: Introduction
Lecture – 22
Week – 08 President Rule (356,357)
February Lecture – 23
10, 2020 Financial emergency (360)
Lecture – 24 Executive: Introduction
February Lecture – 29 Pardoning powers of President and Governor (72 and 161)
24, 2020
Lecture – 30 Centre and State Legislature: Composition, Power, Functions
*Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a
number of the above texts might also be available and can be consulted once account is taken
of their datedness, particularly as to applicable case law. These texts were selected because
they provide in one volume a combination of text, cases and materials i.e., a “one-stop shop”.
Nevertheless, the text provides the basic reading for the course only. There is much more to
the Tort law than this, and you will undoubtedly benefit from undertaking some reading and
study of your own. It is creditable if you, in respect of the proper use of independent research
and study, follow up in the Law Library some of the case references, periodical articles or
other material referred to in the prime textbook or in class – or even to do some research of
your own. For supplementary reading, you could, for instance, begin by consulting the
relevant sections of the “alternative” texts placed on loan in the law library. Thereafter you
could engage in your own research, with particular reference to journals on online databases
including SCC Online, LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR,
ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer
Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline database including
AIR.
5. ASSESSMENT
The Constitutional Law II is a four credit course so you will be examined in this course for
100 marks.
Internal Assessment: Internal examination will be conducted for 40 marks which will
include three modes.
A. First Mode of Internal Assessment – Project (10 marks)
B. Second Mode of Internal Assessment - Tutorial (Open Book Examination) (20
marks)
C. Third Mode of Internal Assessment- Presentation (10 marks)
External Assessment: The Symbiosis International (Deemed University) will conduct
external written examination for 60 marks. It consists of ten objective-type (2 marks each =
20 marks) and 4 subjective-type questions with an alternative (10 marks each = 40 marks).
Tutorial – Schedule
Date
Topics
Tutorial Test Result
February 25, 2020 March 7, 2020 Unit I, II, III
The student will not be eligible to appear for the examination if he / she fail to put in the
required attendance. The Students can update themselves of their attendance daily online in
‘Attendance’ on ‘Curiosity’ Portal at http://slsnoida.curiositylive.com
All questions, comments, and feedback are welcome. While the lessons will be seminar-style
and all learners are encouraged to participate, those who do struggle to speak in class are
welcome to continue the conversation in person after class as well. The aim is to give learners
the greatest flexibility and autonomy over their learning and thought process, especially when
it comes to their distinct analyses of the provided readings.
Annexure A
The final copy of the project Assignment should be submitted in accordance with the
following specifications:
1) The paper used for printing shall be of A4 size. Printing shall be in a standardized
form, on both the sides of the paper
o Font: Times New Roman
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Submitted by
Name of the candidate
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Division... Roll No… Batch…
Symbiosis Law School, NOIDA
Symbiosis International (Deemed University), Pune.
In
Month, year
Under the guidance of
Name of the Guide
--------------------------------
Designation of research guide
Appendix ‘C’- Certificate
CERTIFICATE
The material borrowed from other sources and incorporated in the research paper has been
duly acknowledged.
I understand that I myself would be held responsible and accountable for plagiarism, if any,
detected later on.
Date:
Appendix ‘D’- first few pages
Page 2- Certificate (Appendix ‘B’) signed by candidate and counter signed by research guide
Page 4- Index
Indian Federalism
Emergency Provisions
Union Executive
Parliamentary Privileges
Judiciary