SYMBIOSIS LAW SCHOOL, HYDERABAD

Academic Year-2020-21 (Batch 2019-24)

BA.LL.B (Constitutional Law-II Course Handout) (Semester-III)

Course Constitutional Law-II

Course Code No. of Credits 04
Catalogue Code No. of Hours 60
Faculty Name Mr. Amish Abdullah
Consultation Hours Students can meet at any time during official hours, ( 9 am to 5 pm)
Mobile 8430321420 Email ID amishalig@gmail.com

Program Objective:

Course Objectives:
The course intends to focus on the following issues:
CO (1):To study the working of the Indian Federal System by analyzing the provisions
relating to Centre-State relations and their judicial interpretations
CO (2):To understand the composition, powers and functions of the Parliament& State
Legislature with reference to the constitutional system of checks and balances.
CO (3):To understand the hierarchy, functions, powers and privileges of the Union and State
Executive.
CO (4): To understand the hierarchy of the Courts, their power, functioning, jurisdiction and
administration.
CO (5):To understand and analyze recent developments in this branch by appreciating dynamic
nature of this branch of law.
CO (6): To enable students with the practical aspects of this subject.

Recommended Text Books:

 Durga Das Basu, Shorter Constitution of India, Vol. 1 & 2 14th edition Lexis Nexis
Butterworths Wadhwa, Nagpur, (2009)
 Jain M. P., Indian Constitutional Law, Wadhwa and Company, Nagpur, 8th edition (2018)
 Pandey J. N., Constitutional Law of India, Central Law Agency, 53th edition (2016)

Suggested Books:
 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)
 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)
 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)
  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).

 Bakshi P.M., The Constitution Of India, Universal Law Publishing Co. Pvt. Ltd., 12th edition
(2013).

NOTE: Students are advised to read latest journals, periodicals, reports and articles to keep
abreast with the recent trends and developments in this area of Law.

Additional Learning Resources:

Material/Notes/Links etc will be uploaded regularly on SLSH Buzz on various topics which
are relevant to the subject.

Course Map
The following table shows how the course learning outcomes relate to the overall program learning
Goals and Outcomes, and indicates where these are assessed

Subject & Course Code: Constitutional Law II

Course Description Learning Outcomes Assessments
The Indian Constitution At the end of the course, the students Test/Project/Assignment/
establishes a dual polity with the are expected to: Oral Presentation/Viva-
Union at the Centre and States at LO (1): Acquired knowledge of Indian Voce
the periphery, each endowed with Federalism, centre state relations and
the sovereign powers to be judicial interpretation of the related laws.
exercised by them within the LO (2):Acquired knowledge of Test/Project/Assignment/
assigned fields. It is a federal composition, powers and functions of the Oral Presentation/Viva-
constitution with strong
Parliament& State Legislature with Voce
centralizing tendencies. The
reference to the constitutional system of
Indian Constitution also defines
the organization, functions and checks and balances.
LO (3):Acquired knowledgeofthe Test/Project/Assignment/
powers of the executive,
hierarchy, functions, powers and Oral Presentation/Viva-
legislature and judiciary. These
privileges of the Union and State Voce
organs have the collective Executive.
responsibility to protect the basic
rights of the people and to LO (4):Acquired knowledge of the Test/Project/Assignment/
provide for social, economic and hierarchy of the Courts, their power, Oral Presentation/Viva-
political development of the functioning, jurisdiction and Voce
country. administration.

LO (5):Well acquainted with the recent Test/Project/Assignment/

developments in this branch by appreciating Oral Presentation/Viva-
dynamic nature of this branch of law. Voce
 LO (6): To have necessary tools to deal Practical Test
with the practical aspects of the subject.

Delivery Schedule
Session Plan Evidence of Learning
(Mapping CO with SO)
Session Topic/Intended Resources and References Intended Assessment/Evaluation
No Learning Delivery and Weighting
(S,M,W,NL)
Process
1 Course outline with Teaching plan and news. Lecture, CO(1) (5) (6)
respect to present Class =LO(1) (5) (6)-S
day scenario. Discussion&
Referred
readings
2-3 -Federalism: ADDITIONAL READING- Jain Lecture CO(1) (5) (6) =
Definition and M. P., Indian Constitutiuonal Class LO(1)(5) (6)-S
Essential Law, Wadhva and Company, Discussion&
Characteristics Nagpur, 8th edt., 2018, pg. 529- Referred
530 readings
-Nature of the
Indian Constitution:
ESSENTIAL READING-
Federal or Quasi-
Pandey J. N., Constitutional Law
federal
of India, CLA, 53rd edt., 2016,
pg. 17-21

Bare Act

Cases:
-State Of West Bengal Vs. UOI;
AIR1963 SC1242
-Re. Kerala Education Bill,
AIR1958 SC956
4-7 -Division of Powers ADDITIONAL READING- Jain Lecture & CO(1)(5) (6)
between the M. P., Indian Constitutiuonal Class =
Centre and States Law, Wadhva and Company, Discussion LO(1)(5) (6)-S
And interpretation Nagpur, 8th edt., 2018,
of subject lists. pg. 535-594

-Special status of
ESSENTIAL READING-
J&K
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg. 655-684;
Pg.755-757

Bare Act
 Cases :
-A.H Wadia Vs. Income Tax
Commissioner, Bombay AIR
1949 FC18
-Wallace Vs. Income Tax
Commissioner Bombay AIR
1948 PC118
-State Of Bombay Vs. RMDC
AIR1957 SC452
- Gov. Of A.P Vs. Hindustan
Machine Tools AIR 2011 SC
3470
-St. Of MP Vs Rakesh Kohli
AIR2012 SC2351
-St. Of Haryana V. Karnal Co-
Operative Farmer’s Society AIR
(1993)2 SCC 363
-ST Sadiq V. St. Of Kerala
AIR2015 SC1306
-Ajay Kumar Banerjee V. Uoi
(1984)5 Scc 127
-Harla V. St. Of Rajasthan
Air1951 Sc467
-Profulla Kumar Mukerjee V.
Bank Of Khulna Air1947 Pc 60
-St. Of Bombay V. Fn Balasara
Air1951 Sc318
-Kcg Narayan Dev V. St. Of
Orrisa Air1953 Sc375
-St. Of Bihar V. Kameshwar
Singh
-M Karunanidhi V Uoi Air1979
Sc898
-Deep Chand V. St. Of Up
Air1959 Sc648
-Zaverbhai V. St. Of Bombay
Air1956 Sc 676
-St. Of Kerala V. M/S Mar
Appraem Kuri Co. Ltd. Air 2012
Sc 2375
-Puranlal Lakhanpal V.
President Of India,Air1972
Sc963
Sampat Prakash V. St. Of
J&K,Air1970 Sc1118

8-10 Emergency ADDITIONAL READING- Jain Lecture, CO(1)(5) (6)

Provisions M. P., Indian Constitutiuonal Class =
Law, Wadhva and Company, Discussion& LO(1)(5) (6)-S
Nagpur, 8th edt., 2018 referred
 pg.728-757 readings.

ESSENTIAL READING-
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
Pg. 758-774

Bare Act

Cases:
-Sabrananda Sonoval V. Uoi
Air2005 Sc2920
-Minerva Mills Ltd. V. Uoi
Air1980 Sc1789
-Mm Pathak V. Uoi Air1978
Sc803
-Makhan Singh V. St. Of Punjab
Air1964 Sc381
-Ram Manohar Lohia V. St. Of
Bihar Air1966 Sc740
-Mohd. Yaqub V. St. Of J&K
Air1968 Sc765
Adm Jabalpur V. S.Shukla
Air1976 Sc1207
UNION- LEGISLATURE
11-14 ESSENTIAL READING- Lecture, CO(2)(5) (6)
Pandey J. N., Constitutional Law Class =
-Composition Of
of India, CLA, 53rd edt., 2016, Discussion& LO(2)(5) (6)-S
Parliament
Pg. 494-512 Referred
Readings.
-Role Of Rajya
ADDITIONAL READING- Jain
Sabha
M. P., Indian Constitutiuonal
Law, Wadhva and Company,
Nagpur, 8th edt., 2018
Pg. 25-29

Bare Act

Lecture, CO(2)(5) (6)

15-18 -Qualifications And ADDITIONAL READING- Jain Class =
Disqualifications M. P., Indian Constitutiuonal Discussion& LO(2)(5) (6)-S
For Membership. Law, Wadhva and Company, Referred
Nagpur, 8th edt., 2018 Readings.
-Anti-Defection Law Pg. 30-45;
Pg. 46-50;
- Parliamentary Pg. 89-114
Privileges: Need For
Codification ESSENTIAL READING-
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
 Pg. 497-500

Bare Act

Cases:
-Satrucharla Chandrashekhar
Raju V. Vyricherla Pradeep
Kumar Dev AIR1992 SC1959
-Deoravo V. Keshav Laxman
Borkar AIR 1968 BOM 314
-Kihota Holohon V. Zachilu
(1992) 1 SCC 1305
-Rajendra Singh Rana V. Swami
Prasad Maurya AIR2007
SC1305
-Markandey Katju V. Lok Sabha
(2017)2 SCC 384
-Jagdish Gandhi V. Leg Council
Lko AIR1966 ALL291
-Surendra V. Nabakrishna
AIR1958 ORI 168
-PV Narsimha Rao V. State
AIR1998 SC2120
Bijoy Lakshami Cotton Mills
Case AIR1967 SC1145
-Anil Kumar Jha V. UOI (2005)
3 SCC 150
-Mahabir Prasad V. Profulla
Chandra AIR1969 CAL189
-M.P. Special Police Estb. V. St.
Of MP (2004) 8 SCC 788
18-22 The Union ESSENTIAL READING- Lecture, CO(3)(5) (6)
Executive Pandey J. N., Constitutional Law Class =LO(3)(5) (6)
of India, CLA, 53rd edt., 2016, Discussion& -S
Pg.469-490 Referred
Readings.
ADDITIONAL READING- Jain
M. P., Indian Constitutiuonal
Law, Wadhva and Company,
Nagpur, 8th edt., 2018
Pg.126-182

Bare Act

Cases:
Ram Jawaya Kapoor V. St. Of
Punjab AIR1995 SC594
-Shmasher Singh V. St. Of
Punjab AIR1974 SC2192
-RK Garg V. UOI AIR1981
 SC2138
-DC Wadhva V. St. Of Bihar
AIR1987 SC579
-Kuljeet Singh V. Lt. Governor
Of Delhi AIR1982 SC653
-Kehar Singh V. UOI AIR1989
SC653
-Epuru Sudhakar V. Govt. Of
Andhara Pradesh AIR2006
SC3385

23-26 SUPREME COURT ADDITIONAL READING- Jain Lecture, CO(4)(5) (6)

-Independence of M. P., Indian Constitutiuonal Class =LO(4)(5) (6)
Judiciary Law, Wadhva and Company, Discussion& -S
Nagpur, 8th edt., 2018 Referred
-Appointment of pg.194-202; Readings.
Judges. pg, 301-309

ESSENTIAL READING-
-Removal of Judges
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
- Judicial pg.513-525;
Accountability Pg. 555

Bare Act

Cases:
-AK Gopalan V. St. Of Madras
AIR1950 SC27
-Keshavnanda Bharti Case
AIR1973 SC1461
-SP Gupta V. UOI AIR1984
SC802
-Fertiliser Co. Kamnagar
(Union) V. UOI AIR1981 SC434
-MC Mehta V. UOI AIR1987
SC1087
-Chairman Railway Board V.
Chandrima Das AIR2000 SC988
-Karnataka V. All India
Manufacturers Org. (2006) 4
SCC 683
-Supreme Court AOR
Association V. UOI AIR1994
SC268
- Ashok Reddy V. Govt. Of India
JT (1994) 1 SC 40
27-30 -Advisory ADDITIONAL READING- Jain Lecture, CO(4)(5) (6)
Jurisdiction of the M. P., Indian Constitutiuonal Class =LO(4)(5) (6)
Supreme Court Law, Wadhva and Company, Discussion& -S
under Article 143 Nagpur, 8th edt., 2018 Referred
pg.207-293; Readings.
-Appellate
ESSENTIAL READING-
Jurisdiction under Pandey J. N., Constitutional Law
Article 136 of India, CLA, 53rd edt., 2016,
pg.526-539
-Article 141
Doctrine of Bare Act
Precedent
Cases :
-Daphtary V. Gupta Air1971
Sc1132
-St. Of West Bengal V. UOI
Air1963 Sc1241
-Uoi V. St. Of Rajasthan (1984)
4 Scc 238
-Ram Kumar V. St. Of MP
Air1975 Sc1026
-Harippa Dey V. St. Of West
Bengal Air1965 Sc757
-Ramakant Rai V. Madan Rai
Air2004 Sc77
-Re Delhi Law Case (1951)
Scr747
-Re Kerala Education Bill Case
AIR1958 Sc956
-L Chandra Kumar V. UOI
-Sunil Batra Ii V. Delhi Admn.
AIR1980 Sc1579
-Jatinder Kumar V. St. Of
Punjab Air1984 Sc1850
-Praga Tools Co. V CV Imanual
AIR1969 SC306
-Syed Yaqoob V. Radhakrishnan
AIR1964 SC477
-AK Kripak V. UOI AIR1970
SC150
-Rupa Ashok Hurra V. Ashok
Hurra AIR2002 SC1771

31-33 STATE-LEGISLATURE ADDITIONAL READING- Jain Lecture, CO(2)(5) (6)

-Composition and M. P., Indian Constitutiuonal Class =LO(2)(5) (6)
 Functions Law, Wadhva and Company, Discussion& -S
Nagpur, 8th edt., 2018 Referred
-Creation and pg.320-322; Readings.
abolition of pg.327-334;
Legislative Council pg.337-343

ESSENTIAL READING-
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg.574-575;
pg.576-578;
pg. 578-581

Bare Act

Cases:
-Satpal Dang V. St. Of Punjab
AIR1969 SC903
-A.K.Molhialgan V. The
Governor AIR1973 MAD.198

34-37 STATE-LEGISLATURE ADDITIONAL READING- Jain Lecture, CO(2)(5) (6)

-Membership and M. P., Indian Constitutiuonal Class =LO(2)(5) (6)
Disqualifications Law, Wadhva and Company, Discussion& -S
Nagpur, 8th edt., 2018 Referred
-Legislative pg.323-327; Readings.
Privileges Pg. 344-348

ESSENTIAL READING-
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg.575-576

Bare Act

Cases:
-Yogendra Kumar Jaiswal Etc.
V. St. Of Bihar AIR2016 SC1474
-Mohd. Saeed Siddiqui V. St. Of
UP AIR2014 SC2051
-Raja Ram Pal V. Hon’ble
Speaker AIR2007 SC1448
-Kihoto Holohan Case AIR 1993
SC 590
-Jagjit Singh V. St. Of Haryana
AIR2007 SC590

38-41 STATE-EXECUTIVE ADDITIONAL READING- Jain Lecture, CO(3)(5) (6)

-Governor: M. P., Indian Constitutiuonal Class =LO(3)(5) (6)
Appointment, Law, Wadhva and Company, Discussion& -S
 removal, functions Nagpur, 8th edt., 2018 Referred
and powers pg.355-357; Readings.
pg.371-384;
pg.384-394
-Role of the ESSENTIAL READING-
Governor: Some Pandey J. N., Constitutional Law
Controversies of India, CLA, 53rd edt., 2016,
pg.558-564;
Pg 570-572

Bare Act

Cases:
-Shamsher Singh v. St. of Punjab
AIR1974 SC2192
-Lakshami Cotton Mills case
AIR1967 SC1145

42-44 STATE-EXECUTIVE ADDITIONAL READING- Jain Lecture, CO(3)(5) (6)

- State Council of M. P., Indian Constitutiuonal Class =LO(3)(5) (6)
Ministers Law, Wadhva and Company, Discussion& -S
Nagpur, 8th edt., 2018 Referred
- Appointment of pg.360-364 Readings.
Chief Ministers and
Other Ministers ESSENTIAL READING-
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg.566-569

Bare Act

Cases:
Anil Kumar Jha v. UOI
AIR(2005) 3 SCC150
-M.P special Police estb. v. St.
of MP AIR(2004) 8 SCC 788
-Rameshwar Prasad v. UOI
AIR2006 SC980
-RC Cooper v. UOI AIR1970
SC564
-RK Garg v. UOI AIR1981
SC2138

-DC Wadhava v. St. of Bihar

AIR1987 SC579
-Kuljeet Sigh v. Lt. general of
Delhi AIR1982 SC774
-Kehar Singh v. UOI AIR1989
 SC653
-Epuru Sudhakar v. govt. of
Andhara AIR2006 SC3385

45-49 HIGH COURT ADDITIONAL READING- Jain Lecture, CO(4)(5) (6)

- Appointment and M. P., Indian Constitutiuonal Class =LO(4)(5) (6)
removal of Judges Law, Wadhva and Company, Discussion& -S
Nagpur, 8th edt., 2018 Referred
-Jurisdiction under pg.398-414; Readings.
Articles 226 and pg. 416-474
227
ESSENTIAL READING-
Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg.582-584;
Pg. 587-591;
Pg. 595-615

Bare Act

Cases:
AK Gopalan V. St. Of Madras
AIR1950 SC27
-Keshavnanda Bharti Case
AIR1973 SC1461
-SP Gupta V. UOI AIR1984
SC802
-Fertiliser Co. Kamnagar
(Union) V. UOI AIR1981 SC434
-MC Mehta V. UOI AIR1987
SC1087
-Chairman Railway Board V.
Chandrima Das AIR2000 SC988
-Karnataka V. All India
Manufacturers Org. (2006) 4
SCC 683
-Supreme Court AOR
Association V. UOI AIR1994
SC268
- Ashok Reddy V. Govt. Of India
JT (1994) 1 SC 40

50-53 -L. Chandra Kumar ADDITIONAL READING- Jain Lecture,

v. Union of India M. P., Indian Constitutiuonal Class CO(4)(5) (6)
Law, Wadhva and Company, Discussion& =LO(4)(5) (6)
- Contempt of Nagpur, 8th edt., 2018 Referred -S
Court pg.423,426,428; Readings.
ESSENTIAL READING-
 Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg.526-529
Pg. 207-215;
Pg. 504

Bare Act

Cases:
-Delhi Judicial service Assn. v.
st. of Gujrat (1991) 4SCC 406

-Rajeshwar Singh v. Subrata

Roy sahara AIR2014 SC476
-Mohd. Aslam v. UOI
(1994) 6 SCC 442
-Vinay Chandra Mishra v. UOI
AIR (1995) 2 SCC 584
-Subrata Roy v. UOI AIR 2014
SC 3241

54-60 - Election ADDITIONAL READING- Jain Lecture, CO(5)=LO(5)-S

Commission: M. P., Indian Constitutiuonal Class
Composition, Law, Wadhva and Company, Discussion&
functions and Nagpur, 8th edt., 2018 Referred
powers pg. 851-871 Readings.

- Electoral Reforms ESSENTIAL READING-

Pandey J. N., Constitutional Law
of India, CLA, 53rd edt., 2016,
pg.736-741

Bare Act

Cases:
-Election Commission of India
V. Mohd. Abdul Ghani 1995
SCC (6) 721
-Meghraj Kothari vs
Delimitation Commission & Ors
AIR 669, 1967 SCR (1) 400
***Proper implementation of above mentioned teaching plan, expecting the two way process of
communication and keen participation CO(6) = LO(6)

Expectations from Students:

 To participate in the classes exercises and activities
 To be present in the class on time specified by all means
 To be sincere in doing the assignments and class preparations
 To maintain the dignity of a classroom and cooperate for the class and restrain from using
mobile phones
 To actively participate in case analysis and incorporate the theories into practical
phenomena
 To undertake the tests very seriously and perform better
 To be consistent in preparation for the class and tests which enables continuous learning
 To have a parallel awareness on the current trends in business and Law and events
associated with the theories learnt.
 To read the relevant articles in the newspapers and keep updated with the recent changes.

Evaluations Timelines:
Keeping in line with continuous evaluation at SLSH, the following schedules have been
drawn, students are expected to go through the dates/sessions mentioned and prepare
accordingly.

Component Component Expected Marks Marks

Name number slot/Due Date declaration by
Synopsis Tutorial-I 31/07/2020 10/07/2020 10
submission
Video Tutorial-II 9/09/2020 19/09/2020 15
presentation
Research paper Tutorial-III 25/09/2020 06/10/2020 15
Term End Exam Term End Exam 60
Total 100

Brief profile of the Faculty Member:

Mr. Amish Abdullah is currently working as a Guest Faculty on the post of Assistant
professor at Symbiosis Law School, Hyderabad. He is an advocate member in Bar Council of
Delhi who practiced law in Supreme Court of India. He is presently heading the Centre for
Judicial Services SLSH and STAIRS slsh.