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Transcript of Constitutional Law
Annexure ‘CD – 01’
FORMAT FOR COURSE CURRICULUM
Session Plan Module Name Description Total Session Topic
Module I: Introduction to Constitution
• Concept, Relevance, Constitutionalism, Sources of Constitution, • Evolution of Constitutional scheme in India: Focus on developments from 1935 to 1950, • Aims/Objectives and Salient features of the Indian Constitution; Principles of Federalism; Nature of the Indian Constitution- Federal, Quasi-federal or Unitary; Co-operative Federalism. • Principle of separation of powers, • Rule of law.
12
S.No Topic Plan Type Session Material
1
Concept and Need for Constitution; Difference between Constitution and Ordinary Legislation
Lecture 0
2
Drafting of Indian Constitution: Historical Perspective –Evolution of constitutional thought down hi
Lecture 0
3
Overview of the Constitutional text with emphasis on concepts of – Sovereignty, democracy, republic,
Lecture 0
4 Concepts of Federalism and Unitary system. Analysis of Indian Constitution
Lecture 0
with respect to its syst
5
Difference between Constitution and Constitutional Law; Concept of Constitutionalism
Lecture 0
6 Principle of separation of powers – genesis - executive- legislative and the judiciary
Lecture 0
7
Principle of separation of powers and its reflection in the Indian Constitution – with relevant case
Lecture 0
8 Concept of Rule of Law Lecture 0
9 Concept of Rule of Law and Indian Constitution
Lecture 0
10
Preamble and Amendment of Preamble Role of Preamble in interpretation of Constitution Whether Pream
Lecture 0
Module II: Distribution of Powers between Centre and States
• Distribution of powers between Centre and States (Art. 245-255, Schedule VII) • Legislative Powers, Administrative Powers, Financial Powers, • Doctrines of Territorial nexus; Principles of Interpretation of lists- Harmonious construction, Pith and substance, plenary power, Ancillary power and colorable exercise of power; Residuary Power, Doctrine of Repugnancy • Overview of Panchayati Raj Provisions • Freedom of Trade and Commerce.
18
S.No Topic Plan Type Session Material
1 Centre-State Relationship: Overview of Lecture 0
Part XI & Part XII of Indian Constitution
2 Article 245 Doctrine of Territorial Nexus CASES:
Lecture 0
3
Article 245 Doctrine of Territorial Nexus CASES: a. Wallace v. Income Tax Commissioner, Bombay AIR
Lecture 0
4
Article 245 Doctrine of Territorial Nexus CASES: a. Wallace v. Income Tas Commissioner, Bombay AIR
Lecture 0
5
Article 246: Distribution of Law Making Powers; VII Schedule –Union List, State List and Concurrent
Lecture 0
6
Principles of Interpretation of Lists • Predominance of the Union List • Doctrine of Harmonious Con
Lecture 0
7
• Doctrine of Pith and Substance CASES: 1. Prafulla Kumar v. Bank of Commerce (AIR 1947 PC 60) 2. St
Lecture 0
8
• Doctrine of Pith and Substance 3. State of Rajasthan v. G. Chawla (AIR 1959 SC 544). 4. D.N. Baner
Lecture 0
9
• Concept of Colourable Legislation i. K.C. Gajapati Narayan Deo v. State of Orissa (AIR 1953 SC 375
Lecture 0
10 Article 254: Doctrine of Repugnancy CASES 1. M. Karunanidhi v. Union of India (AIR
Lecture 0
1979 SC 898.) 2.
11
Parliament’s Power to legislate of State Subjects 1. Article 248 Case: Union of India v. H.S Dhillo
Lecture 0
12
Parliament’s Power to legislate of State Subjects 1. Article 248 Case: Union of India v. H.S Dhillo
Lecture 0
13
Administrative relations between the Centre and State: articles 256, 257, 258, 258 A, 262 and 263
Lecture 0
14
Part XII of the Indian Constitution: Financial Relation a. Centre’s dominant position in relation to
Lecture 0
15
Part XII of the Indian Constitution: Financial Relation a. Centre’s dominant position in relation to
Lecture 0
16
Institution of Panchayat Overview of developments from 1956 till passing of 73rd Constitutional Ame
Lecture 0
17
• Objective of this provision CASE: Atiabari Tea Co. v. State of Assam AIR 1951 SC 232 • Restriction
Lecture 0
18
• Objective of this provision CASE: Atiabari Tea Co. v. State of Assam AIR 1951 SC 232 • Restriction
Lecture 0
S.No.
1
Module III : Union and State Executive and Legislature
• Union Executive, President: Appointment, Election, Removal, conditions of service; Powers of president focus -on ordinance, pardon, emergency; Assessment of relevance of presidential office on governance; Council of ministers and Prime minister: Appointment, Conditions, functioning, collective responsibility, dismissal of cabinet minister; Office of Attorney General: Significance, Appointment, functions, Conditions; State executive; Governor: Appointment, Removal, Powers, State cabinet dismissal; governors role in the context of Centre state relations. (Art 79-122). • Union Legislature: Lok Sabha, Composition, functioning, membership, qualifications and disqualifications, Dissolution of, Effect; Bills: Procedure for the passage; Privileges of legislature; State legislature: functioning, dissolution; Anti defection law and its impact. (Arts. 168-212). • Amendment concept of, formal and informal amendment (judicial interpretation), power and procedure of amendment; Doctrine of basic structure.
24
S.No Topic Plan Type Session Material
1
President: Election & Removal; Conditions of Service Ram Jawaya Kapur v. State of Punjab, AIR 1955
Lecture 0
2
President: Election & Removal; Conditions of Service Ram Jawaya Kapur v. State of Punjab, AIR 1955
Lecture 0
3
Powers of President –Executive Powers, Military Powers, Diplomatic Powers, Legislative Power (emphas
Lecture 0
4
Power of President –Pardoning Power Maru Ram v. Union of India (1981) 1 SCC 107 Kehar Singh v. Unio
Lecture 0
5
Power of President: Emergency Power State of Rajasthan v. Union of India, AIR 1977 SC 1361 S. R. Bom
Lecture 0
6
Prime minister & Council of Minister: Appointment & Functioning: Collective responsibility and Indi
Lecture 0
7
Concept of Presidential & Parliamentary forms of Government Position of President vis-à-vis the Co
Lecture 0
8
Concept of Presidential & Parliamentary forms of Government Position of President vis-à-vis the Co
Lecture 0
9 Office of Attorney General: Significance, Appointment, functions.
Lecture 0
10
Office of governor; appointment, removal, tenure etc. B.P Singhal v. Union of India (2010) 6 SCC 331
Lecture 0
11
Powers of Governor: Executive, Financial, Legislative (Ordinance making), Pardoning, State of Guja
Lecture 0
12
Union Legislature: Lok Sabha & Rajya Sabha Composition, Membership, Qualification and Disqualificati
Lecture 0
13
Articles 105 and 194 Cases: P.V Narsimha Rao v. State AIR 1998 SC 2120 K.A. Nambiar v. Chief Sec. G
Lecture 0
14
Articles 105 and 194 Cases: P.V Narsimha Rao v. State AIR 1998 SC 2120 K.A. Nambiar v. Chief Sec. G
Lecture 0
15
Procedure of Legislation • Different Kinds of Bills • Three Stage Reading for Passing of Bill • D
Lecture 0
16
Procedure of Legislation • Different Kinds of Bills • Three Stage Reading for Passing of Bill • D
Lecture 0
17
Anti defection law- Schedule X Doctrine of Severability CASE: Kihoto Hollohon v. Zachillhu, AIR 1993
Lecture 0
18
Anti defection law- Schedule X Doctrine of Severability CASE: Kihoto Hollohon v. Zachillhu, AIR 1993
Lecture 0
19
Meaning and Need of Amendment Types of Amendment- formal & informal (Judicial interpretation)
Lecture 0
20 Article 368: Power and procedure of amendment
Lecture 0
21
Amendment of Part III of the Constitution a. Shankari Prasad v. Union of India AIR 1951 SC 455 b. S
Lecture 0
22
Amendment of Part III of the Constitution a. Shankari Prasad v. Union of India AIR 1951 SC 455 b. S
Lecture 0
23
Doctrine of Basic Structure a. Keshavnanada Bharti v. State of Kerala (1973) b. M.Nagraj v. Union of
Lecture 0
24
Doctrine of Basic Structure a. Keshavnanada Bharti v. State of Kerala (1973) b. M.Nagraj v. Union of
Lecture 0
Module IV: Union and State Judiciary
Union Judiciary: Supreme Court Judges: Appointment, removal, impeachment; jurisdiction of Supreme Court: Original, appellate, advisory, Court of Record; Assessment of independence of judiciary; State judiciary: High Court Judges: Appointment, transfer, removal, promotion; High Court jurisdiction, Art. 226, writs; Subordinate judiciary: (Arts. 124 -147) (Arts. 214 to 237).
15
S.No Topic Plan Type Session Material
1
Union Judiciary: Appointment and Transfer of Judges in higher Judiciary (Supreme Court and High Cour
Lecture 0
2 Union Judiciary: Appointment and Transfer of Judges in higher Judiciary (Supreme Court
Lecture 0
and High Cour
3
Removal of Judges/Impeachment (Process under Indian Constitution and Judges Inquiry Act, 1968) K. Ve
Lecture 0
4
Removal of Judges/Impeachment (Process under Indian Constitution and Judges Inquiry Act, 1968) K. Ve
Lecture 0
5
Jurisdiction of the Supreme Court – Court of Record, Original, Appellate, Special Leave Petition, A
Lecture 0
6
Jurisdiction of the Supreme Court – Court of Record, Original, Appellate, Special Leave Petition, A
Lecture 0
7
Jurisdiction of the Supreme Court – Court of Record, Original, Appellate, Special Leave Petition, A
Lecture 0