Constitutional Law

12
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: Lecture 0

description

consti syll. for beginer

Transcript of Constitutional Law

Page 1: 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

Page 2: Constitutional Law

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

Page 3: Constitutional Law

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

Page 4: Constitutional Law

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

Page 5: Constitutional Law

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

Page 6: Constitutional Law

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

Page 7: Constitutional Law

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

Page 8: Constitutional Law

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

Page 9: Constitutional Law

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