CONSTITUTIONAL

LAW II

Arijeet Ghosh
• Continue the study of Constitutional Law moving on
from Parts II, III & IV of Indian Constitution
• Learn more about the governance dimension of the
Course aims
Constitutional Scheme
• Introduce students to the key theoretical concepts of
federalism, separation of powers, executive authority
and accountability, emergency powers and
constitutional amendment.
• Explore the historical and political dimensions of the
constitutional debates.
• Will this course give you answers? NO
 Teaching • Method
• Importance of reading – “Fears” &
methodology and “where to find them?”
• Caution On Online Readings

expectations • Attendance
• Plagiarism
• Accommodation
• Safe space, democratic space
• Mode of Communication
• Office hours
We will wait for ten minutes before we commence the class. Please
make sure you are already logged in by then.

Cameras, Mics
Post discussion with the class, we will also plan to keep a small and other
fixed window for a break in between.
housekeeping
Please keep your microphones on mute. Use the raise hand feature to rules
interrupt or use the message window (including the gifs and
emoticons!) to make interventions and drive away the monotony
attached with our voices.

No disruption will be tolerated. The same may even be escalated in

situations where serious concerns arise.

The class lectures will be recorded.

 Course structure

Week 1
• Introduction to the Course

Weeks 1 & 2
• Constitutional Amendments: The Basic Structure Doctrine
 Course structure- Contd.
Weeks 3 & 4
• Union & State Judiciary: Judicial Independence &
Appointments
Week 5
• Federalism: History & Typologies

Week 6
• Territory & Reorganisation
 Course structure- Contd.
Weeks 7 & 8
• Constitutional Emergencies

Week 9 & 10
• Union & State Executive

Week 11
• Legislative Competence: Territoriality Clause
 Course structure- Contd.
Week 12
• Legislative Competence: Doctrines (Pith & Substance &
Harmonious Construction)
Week 13
• Legislative Competence: Clauses (Residuality & Repugnancy)

Week 14
• Trade & Commerce Clauses
ASSESSMENTS!
 Forms of Internals Externals
Assessments Individual Based Individual Based

Group Based
 Assessment Weightage Remarks Tentative Timeline & Plan

25 Marks (escalated to 50) The teaching methodology is premised on 1. Will Start from Week 2
INTERNALS active, and inclusive student participation, onwards.
and engagement with both the reading
materials, and contemporary events of
relevance. In light of the same, effective
Seminar (Individual OR participation in class will be a parameter for
Group Based) assessment. This will be, inter alia,
assessed on the following parameters:

COMPULSORY Seminar: Second hour of class (on

COMPONENT Thursday’s/Friday’s) will be reserved to
discuss a list of questions released by the
instructor which will tie into the modules
under study. A group of students/or
individual students are expected to prepare
on the said questions and steer the
discussion.

The materials in the course manual will be

sufficient for the same. However, extra
research will definitely be valued for
assessment purposes.
 Assessment Weightage Remarks Tentative Timeline & Plan

25 Marks 1. Word Limit- 1500 Words, inclusive of

INTERNALS footnotes- minor word limit breaches
will not be penalized.
OR
2. Readings/Cases to be taken from any
Response Papers/Case Addition of both week in the Course Manual- no
Commentaries Seminar/Response limitations
paper/case commentary
marks. 3. Distribution of Marks-
OPTIONAL/
IMPROVEMENT 8 Marks- for summarizing the
COMPONENT article/case

12 Marks- for understanding and

engaging with the article/case

5 Marks- for a palpable conclusion

 Assessment Weightage Remarks Tentative Timeline & Plan

25 Marks (escalated to 50) 1. The context: The need to represent

INTERNALS the topic, summarily and succinctly
(not more than 400-450 words)-
OR This is your introduction paragraph
generally.
Response Papers/Case Addition of both
Commentaries Seminar/Response 2. The need: The paragraph following
paper/case commentary the introduction paragraph will
marks. consist of the need for you to write
OPTIONAL/ your response paper/case
IMPROVEMENT commentary. This is generally your
COMPONENT thesis statement; what aspect of the
paper/case are you responding to
and what is the need of the
response. (700-800 words)
3. Personal opinion on the analyzed
subject is required. Additionally,
you need to support your arguments
and a thesis statement with up-to-
date relevant evidence. You must
persuade the audience and let them
share your point of view
The marks for Seminar will
be released within one week
of the seminar being
concluded.
The student can then take the
decision whether he/she/they
want to go for an
improvement assessment and
inform the instructor.
The student, when they
approach the instructor,
should approach with the
paper/case they want to
respond to/comment on.
The instructor will then on
discussion with the student
decide the tentative deadline.

4. The Conclusion (300-350 words)

 Other things
T E N TAT I V E
ASSESSMENT W E I G H TA G E REMARKS TIMELINE &
PLAN • Deadlines

Externals 50 Marks TBD. TBD. • Flexibilities

Possibility of having an
End Term Examination
consisting of Problem-
Solving Questions and
Theoretical Questions.
Thank you