National Law University Odisha

COURSE OUTLINE

CONSTITUTIONAL GOVERNANCE

SEMESTER – II

COURSE: B.A.LL.B./ B.B.A.LL.B.

January 2022 to May 2022

Course Credit: 4

Course Instructors:

Rangin Pallav Tripathy

Professor of Law
(rangintripathy@nluo.ac.in)

Rishika Khare
Assistant Professor of Law
(rishika.khare@nluo.ac.in)

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COURSE DESCRIPTION:

Constitutional Law is taught through two core papers - Constitutional Law I –

Constitutional Governance offered in Semester II and Constitutional Law II – Civil Liberties

offered in Semester III. This course is the first of the two core papers. The course seeks to

introduce students to the constitutional framework on constitutional governance and a

critical appraisal of how this framework has been in operation for the last 70 years. The

course will trace through various judgements by the constitutional courts in India to assess

the difference between the constitutional mandate and the actual practice. The

jurisprudential development around limitations on state power will be particularly in focus

throughout the course. Discussions on the listed topics will also be shaped by the political,

economic and social developments that have or are taking place in the country.

The teaching methodology in this course is premised upon a participatory involvement of

the students. Readings have been assigned for all the classes. The reading list is dynamic

and is subject to change during the semester. Students are expected to be complete the

readings in advance and have a reasonable sense of the main points discussed in each of the

readings.

EXPECTED LEARNING OUTCOMES

At the end of the course the students will be able to:

1. Assess the significance of the division of powers amongst the different State

organs and at different levels of political authorities

2. Deconstruct the social and political context in relation to which the powers and

related procedures of the organs have been conceptualized

3. Determine the scope and nature of the governance mechanism laid down in the

Constitution

4. Identify possible violations of limitations provided in the constitution during the

exercise of legal and political powers by state organs in various factual contexts.

5. Identify possible misuse of constitutional powers to satisfy the political agendas.

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COURSE STRUCTURE

Module No. Module title Hours

Module I Introduction to Constitution and Constitutional Law 4
Module II Union and State Executive 10

Module III Union and State Legislature 12

Module IV Union and State Judiciary 14
Module V Centre-State Legislative Relations 6
Module VI Centre-State Administrative and Financial Relations 8
Module VII Trade, Commerce and Intercourse 6
Module VIII Election Commission of India 6
Total Hours 64

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 TEACHING PLAN

Module I – Introduction to Constitution and Constitutional Law

LECTURE No. 1 – Constitution, Constitutional Law, Constitutionalism and Transformative

Constitutionalism, Basic Constitutional Principles - Federalism, Rule of Law, Separation of
Powers, Checks and Balances and Preamble
Readings
• Gautam Bhatia, Transformative Constitutionalism (Harper Collings, 2019) Prologue.
(Refer to Reading Material)
• Akash Singh Rathore, ‘Who wrote the Indian Preamble to the Indian Constitution?
This is one of the secrets that this book probes’, The Scroll (December 23, 2019)
(Download)

LECTURE no. 2 – Indian Constitutional History – Contributions of the Government of India

Act, 1919 and Government of India Act, 1935 in shaping of the Indian Constitution;
Constituent Assembly and Framing of the Indian Constitution
Readings
• Yale University, ‘Rohit De: Law and Life in India’ (Download)
• D.D. Basu, Introduction to the Indian Constitution (Lexis Nexis, 2011) Chapter 1 &
Chapter 2 (Refer to Reading Material)

Module II – Union and State Executive

LECTURE on. 3 - Structure of the Union and State Executive, Presidential and
Parliamentary Forms of Government, Appointment and Removal Process
Reading
• Gonzalo Villalta Puiz, ‘Parliamentary versus Presidential Government’ (2002) 74(5)
Australian Quarterly 9 (Download)

LECTURE no. 4 - Domain of Executive Power, Relationship between President and Council
of Ministers, Judicial Review of Ministerial Advice
Readings
• Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549 (Download)
• Shamsher Singh v. State of Punjab, AIR 1974 SC 2192 (Download)
• UNR Rao v. Indira Nehru Gandhi, (1971) 2 SCC118 (Download)

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LECTURE no. 5 - Legislative and Pardoning Powers of the Executive
Readings
• K.M. Nanavati v. State of Bombay, 1961 AIR 112 (Download)
• State of Orissa v Bhupendra Kumar Bose, 1962 AIR 945 (Download)

LECTURE no. 6 – Role of Governor in Indian Polity

Readings
• Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative
Assembly and Ors, 2016 SCC OnLine SC 694 (Download)
• Shivraj Singh Chauhan v MP Assembly Speaker, B.P. Singhal v Union of India,
(2016) 6 SCC 635 (Download)

LECTURE no. 7 – Rethinking the Executive

Reading
• Madan Murari Verma v Chaudhary Charan Singh AIR1980 Cal. 95 (Download)

Module III – Union and State Legislature

LECTURE no. 8 - Legislative Function, Composition of the Houses, Electoral Process

LECTURE no. 9 – Overall Scheme of Qualifications and Disqualifications: Constitutional

and Statutory
Readings
• Chief Election Commissioner v. Jan Chaukidar, 2013(8) SCALE487 (Download)

LECTURE no. 10 – Anti-Defection Law

Reading
• Shri Kihota Hollohon v. Mr. Zachilhu and Ors, 1992 SCR (1) 686 (Download)

LECTURE no. 11 – Anti-Defection Law

Readings
• Keisham Meghachandra Singh v. Speaker Manipur Assembly, (2020) SCC OnLine
SC 55 (Download)
• Shrimanth Balasaheb v. Speaker Karnataka Assembly, 2019 SCC OnLine SC 1454
(Download)

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LECTURE no. 12 - Legislative Privileges and their relationship with Fundamental Rights
Readings
• Gunupati Keshavaram Reddy v. Nafisul Hasan & the State of UP, AIR 1952 SC 636
(Download)
• MSM Sharma v. Shri Krishna Sinha, AIR 1959 SC 395 (Download)
• Raja Ram Pal v The Hon’ble Speaker, (2007) 3 SCC 184 (Download)
• P.V. Narsimha Rao v State, (1998) 4 SCC 626 (Download)

LECTURE no. 13 – Legislative Procedure, Money Bill

Readings
• Shivam Shankar Singh, ‘Is Parliament’s Question System Broken? - Here’s How to
fix it! (Download)

Module IV – Union and State Judiciary

LECTURE no. 14 – Appointment of Judges – Part I

Readings
• Rangin Tripathy & Soumendra Dhanee, ‘An Empirical Assessment of the Collegium's
Impact on the Composition of the Indian Supreme Court’ (2020) 32 NLS. Rev. 118
(Download)

LECTURE no. 15 – Appointment of Judges – Part II

Reading
• Rangin Pallav Tripathy, ‘Supreme Court Collegium and Transparency: An Empirical
Inquiry’ (2021) 56(22) Economic and Political Weekly (Download)
• Recommended – P.L. Lakhanpal v. A.N. Ray and Ors., AIR 1975 Del 66 (Download)

LECTURE no. 16 – Removal of Judges – Part I

Reading
• Recommended – Sub-Committee on Judicial Accountability v. Union of India, AIR
1992 SC 320 (Download)

LECTURE no. 17 – Removal of Judges – Part II

Readings
• Dr. Rangin Pallav Tripathy, ‘Standard of Proof Against Judges: A Case for a Lower
Threshold’ (2018) 5(2) NLUJ Law Rev. 85. (Download)

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LECTURE no. 18 – Transfer of Judges and Judicial Independence
Reading
• Rangin Pallav Tripathy, ‘Tahilramani’s resignation: Mysterious ‘public interest’’
Deccan Herald (September 11, 2019) (Download)

LECTURE no. 19 - Original Jurisdiction, Appellate Jurisdiction, Special Jurisdiction

LECTURE no. 20 – Advisory Jurisdiction and Subordinate Judiciary

Readings
• Rangin Pallav Tripathy, ‘All India Judicial Service won’t solve pendency. And no, the
IAS, IPS parallel doesn’t work’ The Print (November 16, 2021) (Download)

Module V – Centre-State Legislative Relations

LECTURE no. 21 – Distribution of Legislative Powers

Reading
• Moushumi Das Gupta, ‘How rising Centre-state friction is chipping away at Modi’s
‘cooperative federalism’ mantra’ The Print (November 19, 2020) (Download)

LECTURE no. 22 – Ancillary and incidental powers, Doctrine of Pith and substance;
legislative conflict and repugnancy
Readings
• Vijay Kumar Sharma v. State of Karnataka, 1990 AIR 2072 (Download)

LECTURE no. 23 – Doctrine of harmonious construction, doctrine of colourable legislation,

Revocation of Special Status of J&K
Readings
• Biswajit Bhattacharyya ‘How Parliament Overstepped itself in Bringing the Three
Farm Laws, The Print (January 21, 2021) (Download)

Module VI – Centre State Administrative & Financial Relations

LECTURE no. 24 - Centre's Control over states, Intergovernmental delegation and

cooperation

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 Reading
• ‘Covid -19 Crisis and the Centre-State Relations’ (2021) 56(17) Economic and
Political Weekly (Download)
• Recommended – Pankhuri Agarwal, ‘Covid-19 and Dwindling Indian Federalism’
55(26-27) Eco. & Pol. Wkly (Download)

LECTURE no. 25 – National Emergency

Readings
• ADM Jabalpur v. Shivkant Shukla, (1976) 2 SCC 521 (Download)

LECTURE no. 26 – President’s Rule in States

Reading
• S.R. Bommai v. Union of India, AIR 1994 SC 1918 (Download)

LECTURE no. 27 - Financial Relations between the Centre and the States – Classification of
Taxes, Scheme of Distribution, Finance Commission
Reading
• PRS India, ‘Report on the 15th Finance Commission for 2021-26’ (Download)

Module VII – Inter-State Trade, Commerce and Intercourse

LECTURE no. 28 - Meaning of Trade, Commerce and Intercourse; Issues of freedom of

trade and commerce and its Fiscal measures
Readings
• EPG Pathshala – Module 28: Interstate Trade and Commerce (Download)

LECTURE no. 29 - Direct and Immediate Restrictions; Regulatory Measures, Compensatory

Taxes; Restrictions on trade, commerce and intercourse among states, Powers of Parliament
and State Legislatures; State Monopoly
Readings
• Jindal Steel v. State of Haryana, 2016 SCC OnLine 1260 (Download)
• Mekhla Anand, ‘Entry Tax – The Quandary Continues …’ Mondaq (August 30, 2017)
(Download)

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 Module VIII – Election Commission of India

LECTURE no. 30 – Composition, Powers, Functions and Independence

Readings
• T.N. Seshan, Chief CEC v. Union of India, 1995 (4) SCC 611 (Download)

LECTURE 31 – Review of the Course

LECTURE 32 – Review of the Course