“CRITICAL ANALYSIS OF SATYAVIR SINGH V.

UNION OF INDIA”

PROPOSAL SUBMITTED IN PARTIAL FULFILMENT OF THE COURSE TITLED

CONSTITUTION LAW - I FOR OBTAINING THE DEGREE B.B.A., LL.B. (HONS.)
DURING THE ACADEMIC YEAR 2020-21.

Submitted by: Submitted to:

Vaibhav Bang Prof. Dr. Anirudh Prasad

Roll No-2052 Professor of Law

5th Semester

September, 2020

Chanakya National Law University,

Mithapur Patna, 80001.

INTRODUCTION
The appellants who were employed in the Research and Analysis Wing, Cabinet Secretariat,
Government of India were dismissed from service in the exercise of the power conferred by
clause (b) of the second proviso to Art. 311(2) of the Constitution of India read with Rule 19
of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, without
serving any charge-sheet upon them and without holding any inquiry. The appellants
thereupon filed in the Delhi High Court a writ petition under Art. 226 of the Constitution
challenging the said orders of dismissal. The said writ petition was dismissed by a Division
Bench of the Delhi High Court by its judgment and order dated September 25, 1981. It was
against the said judgment and order of the Delhi High Court that the present two appeals were
filed by special leave granted by this Court. It was held that the clause (b) of the second
proviso to Art. 311(2) and Rule 19 of the Central Civil Services (Classification, Control and
Appeal) Rules, 1965, were properly applied to the case of each of the appellants and the
impugned orders of dismissal were validly passed against them.

OBJECTIVES OF THE STUDY:

 The researcher’s prime aim is to present a critical analysis of "Satyavir Singh v.
Union of India", through scholarly articles, affirmations and decisions.
 The researcher aims to descriptively provide a critical overview of the topics arising.

 The main goal of this research is to summarize, understand and evaluate the given
topic

RESEARCH METHODOLOGY:
The researcher will use doctrinal type of research in which he will go through all the relevant
text available to him offline as well as online.

HYPOTHESES:
 The pleasure doctrine is based on public policy in India.
 Prompt action can be justified where situation demands.
TENTATIVE CHAPTERIZATION:
1) Introduction
2) Facts of the case
3) History and Tulsiram Patel case
4) Analysis
5) Conclusion
6) Bibliography

SOURCES OF DATA
 PRIMARY SOURCES
O CONSTITUTION OF INDIA, 1950.
O ENACTMENTS OF THE PARLIAMENT
O JUDICIAL PRONOUNCEMENTS
 SECONDARY SOURCES
O BLOGS
O BOOKS
O CASE COMMENTARIES
O JOURNALS

RESEARCH QUESTIONS
1. What is the pleasure doctrine?
2. What is inquiry under Art. 311(2)?
3. What is the second proviso to Art. 311(2)?
4. What is judicial review?

REVIEW OF LITERATURE
 M. P. JAIN, INDIAN CONSTITUTIONAL LAW, (8TH ED. LEXISNEXIS 2019).

This book is an authoritative, evergreen classic on Indian constitutional law. It

presently in its eighth edition, is a thematic presentation of the complex and multi-
dimensional subject of Constitutional law in a lucid, comprehensive and systematic
manner. The book contains in-depth insights that will benefit students, research
 scholars, lawyers, judges, legal academics, policy makers and interested citizens who
look for the latest in constitutional jurisprudence.

 V. N. SHUKLA (REVISED BY M. P. SINGH), V. N. SHUKLA'S CONSTITUTION OF INDIA

(13TH ED. EASTERN BOOK COMPANY 2017).

This has proved to be one of the most authoritative and respected academic books on
the Indian Constitution. Its outstanding reputation has established it in the foremost
rank of classical legal textbook. An ideal study and reference companion for students
and practitioners alike and is frequently cited in the courts often cited by the Supreme
Court of India, it is immensely valuable for law students, professors, judges,
practitioners, government officials, NGOs and anyone interested in learning about the
principles underlying Indian Constitution.

LIMITATIONS OF THE STUDY:

The researcher has territorial limitations (due to Covid-19), monetary limitations and time
limitations in completing the project.

BIBLIOGRAPHY:
The researcher has consulted following sources to complete the rough proposal:

1. Books:
o M. P. Jain, Indian Constitutional Law (8th ed. LexisNexis, 2018).
o V. N. Shukla (revised by M. P. Singh), V. N. Shukla's Constitution of India
(13th ed. Eastern Book Company, 2017).
2. Websites:
o Academike
o Shodhganga e-Resources
o India Law Journal
o SCC