Format No. QSP/7.1/01.

F01 (C)
Issue No.05 Rev. No 6 Dated: Jan 2, 2019

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

School of Law
Dehradun

COURSE PLAN

Program : BA.LL.B (Energy Law)

Course : Constitutional Law-II
Semester : IV
Session : JAN-MAY 2019
Batch : 2017-22
Subject Code : CLCC 2005
No. of credits: 4
Prepared by : Anil Kr. Vishwakarma
Email : [email protected]

Approved By

_______________________ _______________________
HOD Dean
UPES Campus Tel : +91-135-2770137
“Knowledge Acres” ,Kandoli Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
 COURSE PLAN
Subject: Constitutional Law-II Course: B.A.LL.B
(Energy Law)

Duration: January- May, 2019 Subject code: CLCC 2005

A. OBJECTIVES:

Students after understanding the Salient features of the constitution, fundamental rights,
Directive Principles of State Policy including the Preamble to the Constitution are now
greared up to have this course on constitutional law –II to enter deep into various aspects of
the Indian Constitution and making them aware about the features and importance of
constitutional bodies ,functionaries and institutions including the working of three organs of
the State, amendment to the Constitution and Emergency provisions making the Indian
constitution from a federal to Quasi-federal.

This course is designed to orient the students towards said understanding and develop an
analytical approach through case law.

1. To create awareness among students in understanding the governance of the country through
the Constitution of India and working of the constitutional bodies.

2. To enable students in exploring the importance of the working of the constitutional institutions
and their interface with each other.

3. To compare the constitutional governance and constitutional functionaries of the country in

comparison with other common law countries.

B. Outcomes:- On completion of this course,

The students will be able to

1. Explain the salient features and importance of constitutional bodies, functionaries and
institutions.
2. Discuss the working of Judiciary, Executive and Legislature.
3. Examine the facts in light of the constitutional provisions discussed above.
Program Course Explain the salient Discuss the working Examine the facts in
Outcomes(POs) Outcomes features and importance of Judiciary, light of the
(COs) of constitutional bodies, Executive and constitutional
functionaries and Legislature. provisions discussed
institutions. above.

School Of Law Jan-May,2019

 Students will
demonstrate 

conceptual
knowledge in core
areas of law.

Students will  
effectively apply
their learnings to
practical legal
issues.

Students will be  
able to exhibit
effective law
professional skills,
employing oral
and written
communication,
legal research,
analysis,
rationalization
and critical-
thinking.

Students will  
demonstrate
ability to evolve
alternative
solutions from
dynamic socio-
economic and
techno-legal
perspectives.

Students will  
demonstrate
desirable qualities
to be employable
School Of Law Jan-May,2019
in the relevant
market.

Students will show  

sensitivity towards
ethical, moral and
social issues
arising in their
professional
career.

Students will  
exhibit
commitment,
teambuilding,
networking,
leadership and
lifelong learning
skills to excel in
legal world.

School Of Law Jan-May,2019

Program Course Explain the salient Discuss the working Examine the facts in
Specific Outcomes features and of Judiciary, light of the
Outcomes(P importance of Executive and constitutional
SOs)for constitutional bodies, Legislature. provisions discussed
functionaries and above.
B.A.LL.B.,
institutions.
LL.B.
(Energy (COs)
Law)

Students will  
be able to
demonstrate
conceptual
knowledge in
core areas of
social
sciences.

Students will  
be able to
demonstrate
integrated
knowledge of
legal
principles and
social
sciences

School Of Law Jan-May,2019

Students will  
be able to
exhibit skills
in practices
and
procedures of
Energy Law.

Course Continuous Continuous Continuous Continuous Continuous

Outcomes evaluation evaluation evaluation evaluation evaluation
(COs) Tools Tool -1 Tool -2 Tool -3 Tool-4
Quiz Project Subject Grand Attendance
Work Viva

Explain the salient features and    

importance of constitutional
bodies, functionaries and
institutions.

Discuss the working of    

Judiciary, Executive and
Legislature.

Examine the facts in light of    

the constitutional provisions
discussed above.

COURSE OUTLINE

It has 4 modules which are as follows:

SESSIO
MODULES
S
01-02 MODULE I
[02hrs] INTRODUCTION

03-12 MODULE II

School Of Law Jan-May,2019

 [08hrs] THE EXECUTIVE AND THE LEGISLATURE

MODULE III
(13-25)
THE JUDICIARY, THE LOCAL SELF GOVERNMENT AND
(13hrs)
CONSTITUTIONAL FUNCTIONARIES AND BODIES
MODULE IV
(26-48)
(23hrs)
ANTI- FEDERAL FEATURES OF THE INDIAN CONSTITUTION

C.PEDAGOGY

Interactive approach shall be followed during the course of study. Students are expected to come
prepared for the topics of discussion in the classroom and questioned will be asked to make them ready
for the Quiz.

Work in small groups for Group Projects shall be followed.

D. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each) for a 4 credit course.
Total hours per week 5: 4 lecture hours per week and additional one hour tutorial classes per
week for week and advance learners and for assessment purposes).

E. EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

2. Mid term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following 4 components):

Description Weight age Schedule:-

School Of Law Jan-May,2019

a) Class participation (at least 10 questions from each student in the entire semester)/ Quiz
((5 Questions before Mid Sem. and 5 after Mid Sem.)) - 20% weightage
b) Group activity- in a specified group of 3 students- Project Work (With Viva or PPT)/ -
40% weightage (only the one which is applied)
c) Subject Grand Viva (At least 6 questions from each student) -20% weightage
d) Attendance ( As per the defined and specified parameters)-20% weightage

The Above four components will be used for internal assessment for this course (Total
100 marks), the details of each component is as follows:

a) Quiz-Two Quizzes will be conducted, as per indicated in the Course Plan. Each quiz
would be of carrying 10% weightage. Therefore, two quizzes would carry 20%
weightage i.e. 20 marks. It may contain Multiple choice questions or short
questions/key terms covering modules as specified in the course plan and Research
paper/ cases covered in the course pack to ascertain that whether the students could
understand the basic concepts or not. Most probably would be online quiz on Black
Board.

b) Projects Work/ Article writing / Courtroom exercise-Weightage 40 %

Faculty has choice to select any one group activity from the following components:
i. Project Topics covering entire syllabus and emerging areas with allotments.
ii. Land Mark current and old Cases covering the entire syllabus with allotments
iii. Moot Problem with allotments in groups

Composition of the group shall comprised of a best student, Mediocre and a weak student so
that a true representation in the group is made and their performance shall be evaluated based
on synopsis, project report and viva. Special classes shall be arranged for weak students.

Students are also required to make a group presentation on the topic on a scheduled date
(would be communicated in the class). The duration of a group presentation will be 15-20
minutes; followed by 5-10 minutes discussion/query session.

c) Subject Grand Viva (At least 6 questions from each student) the questions should be
covered from the entire syllabus as taught in the class.
d) Attendance ( As per the defined and specified parameters)
Formula for attendance marks:
 67-75 % 0 Marks
 76-80% 5 Marks
 81-85% 10 Marks
 86-90% 15 Marks
 91%-100% 20 Marks

Mid- Sem Examination: 20% Weightage

School Of Law Jan-May,2019
 Mid- Sem examination shall be of one hour duration multiple choice question based on course
outcomes conducted on black board.(paper less).

End -Sem Examination: 50% Weightage

End-Sem examination shall be of three hours duration. The examination paper shall match the
respective course outcome shall have 4 Sections
 Section A-Objective type / Short Answer type memory based general questions (2 to 5
questions) -10 marks.
 Section B-Short answer type Conceptual questions (2 to 5 questions) -20 marks.
 Section C-Analytical & Comparative questions (2 to 4 questions) -20 marks.
 Section D-Application based Case study (2 to 5 questions) -50 marks.

Passing Criteria
Since batch size is more than 30, the grading will be done based on absolute Grading System.

• For UG-Students: Scoring less than 35 absolute marks in individual course either in end
semester examination or as composite score shall be awarded as ‘F’

• For UG & PG: Students scoring 85 marks and above as composite score (IA+MS+ES) shall be
awarded as the highest grade as ‘O’ i.e., Outstanding (on 10 point Scale)

Attendance

Students are required to have minimum attendance of 75% in each subject. Students with less than
said percentage shall NOT be allowed to appear in the end semester examination. The student
obtaining 100% attendance would be given 5% bonus marks for internal assessment.

School Of Law Jan-May,2019

Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as iPhone /Laptops) are not permitted in classes during Tests or the
Mid/Final Examination. Such devices MUST be turned off in the class room.

E-Mail, CELCAT &Blackboard: Each student in the class should have an e-mail id and a pass word
to access the blackboard / CELCAT system regularly. Regularly, important information – Date of
conducting class tests, guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/
blackboard. The best way to arrange meetings with us or ask specific questions is by email and prior
appointment. All the assignments preferably should be uploaded on blackboard. Various research
papers/reference material will be mailed/uploaded on blackboard time to time.

F. DETAILED SESSION PLAN

Each lecture will also contain and mentions a particular land mark Indian/foreign case with citation.

SESSI
TOPIC READINGS PEDAGOGY
ON
01-02 MODULE I
[02hrs] INTRODUCTION

School Of Law Jan-May,2019

 FEDERALISM
01
[01hr]  Definition and Characteristics of Fede
ral, Unitary, Quasi – Federal
Constitutions
Advantage & Disadvantage of  Feder
al Constitutions
Backgrounds of Federal Principle und  Jain M. P., Indian
er the Indian Constitution Constitutional Law, 5th
Indian Constitution is Quasi- Federal- edition, Wadhwa, Nagpur,
Anti- federal features of the Indian pp. 477-478
Constitution  V.N. Shukla, Constitution
of India, 11th ed., EBC,
CASES: Lucknow, pp. A 28-A 35
 State of Tamilnadu vs. State of  K.C. Wheare, Modern Lectures
Kerala and Another (2014) 12 SCC Constitutions, 3rd ed., pp.
&
696 1-51
Discussion
 Jagdish Prasad Sharma and others v  Granville Austin, The
State of Bihar and others (2013) 8 Indian Constitution:
SCC 633 Cornerstone of a Nation,
 Kuldip Nayar v. Union of India AIR OUP, Chapter 8-11.
2006 SC 3127  H M Seeravi,
 Pradeep Jain v Union of India AIR Constitutional Law of
1984 SC 1420 India, (2002). pp. 283-
303
 Keshavananda Bharati v State of
Kerala AIR 1973 SC 1461
 State of West Bengal v Union of India
02 AIR 1963 SC 1241
[01hr]
 PARLIAMENTARY FORM OF
GOVERNMENT

03-12 MODULE II
[10hrs] THE EXECUTIVE AND THE LEGISLATURE

School Of Law Jan-May,2019

  THE EXECUTIVE  V.N. Shukla, Constitution
03-04 Extent of the Executive Power- The of India, 11th ed., pp. 363-
[02hrs] President 390 EBC, Lucknow.
CASES:  A. G. Noorani,
 Ram Jawaya Kapoor v. State of “Constitutional Questions
Punjab AIR 1955 SC 549 in India- The President,
 N. B. Khare v. Election Parliament and the
Commissioner of India AIR 1958 SC States”, Oxford University
139 Press, 6th Impression 2013,
 Maru Ram v Union of India AIR 1980 17-31, 38-52, 60-116, 117-
SC 2147 228, 229-358
 Re Presidential Elections AIR 1974  Amit Sachdeva, "How
SC 1982 Substantial Is The
 Rameshwar Prasad v Union of India Substantial Question Of
AIR 2006 SC 980 Law For Entertaining
 Epuru Sudhakar v. Govt. of A.P., AIR Under Article 136 Of The
2006 SC 3385 Constitution". AIR Vol 93
 State of Haryana v Jagdish AIR 2010 Part 1114 October 2006 P
05-08
SCW 2178, 2188-89 145
[02hrs]
– The Vice President- Governor- Prime  R Prakash, “Complete
Minister and Council of Ministers- Civil Justice Under Article
Servants-Doctrine of Pleasure (Arts. 142,” AIR Vol 7 Part 2
74,75,77,78,111, 102, 103 (2), 163, 217 October 2001 P J14
(3), 307-311)  V V Upadhyaya, “Judicial
09-10
[02hrs] Activism - Its Origin And
 THE LEGISLATURE Relevance,” AIR Vol 84
Parliament and State Legislatures- Part 1005 September 1997
Composition- P J140
Qualification/Disqualification of
 Vijay Kumar, “The
Members –Powers, Privileges and
Constitutional Status Of
Immunities of Parliament/ State
Panchayats - Old Wine In
Legislative members -Parliamentary
A New Bottle,” AIR Vol 83
Privilege and Fundamental Rights
Part 995 November 1996 P
CASES:
171
 M.S.M. Sharma v Shree Krishna
Sinha AIR 1960 SC 1186  Ruma Pal, “Judicial
Oversight Or Overreach:
 In re Keshav Singh AIR 1965 SC 745
The Role Of The Judiciary
 P.V. Narasimha Rao v State AIR 1998
In Contemporary India,”
SC 2120
SCC Vol 7 Part 2 August
 Raja Ram Pal v Hon’ble Speaker, 2008 P 9
Lok Sabha (2007) 3 SCC 184
 Shibu Soren v Dayanand Sahay
(2001)7 SCC 4251
 Jaya Bachchan v Union of India AIR
2006 SC 2119
 Amar Singh v Union of India AIR
2011 SCW 499, 503-4

11-12
[02hrs] Bills- Types, Procedure, Differences
between bills (Arts.105, 194)

School Of Law Jan-May,2019

 13-25 MODULE III
[13 hrs] THE JUDICIARY, THE LOCAL SELF GOVERNMENT
AND
CONSTITUTIONAL FUNCTIONARIES AND BODIES

Union Judiciary‐ Supreme Court of  Jain M. P., Indian  Lecture

13-18 India (Arts. 124-147)-Composition, Constitutional Law,  Discuss
[06 hrs] Appointment and Removal of judges of 5th edition, Wadhwa, ion
the Supreme Court; State judiciary‐High Nagpur, page no. 736  Case
Court in the States- NJAC-Collegium to 769 Study
System vs. National Judicial  V.N. Shukla,  Chalk
Appointment Commission Constitution of India, &
CASES: 11th ed., pp. 363-390 Board
 S. P. Gupta v. Union of India-Judges EBC, Lucknow.
Transfer Case AIR 1982 SC 149  R Prakash,
 S. C. Advocate on Record Association “Complete Justice
v. Union of India (1993) 4 SCC 441 Under Article 142,”
 Re Presidential Reference AIR 1999 AIR Vol 7 Part 2
SC 1 October 2001 P J14
 Suraz India Trust v Union of India  V V Upadhyaya,
2011 AIR SCW 2680 “Judicial Activism -
 Justice P. D. Dinakaran v Judges Its Origin And
Inquiry Committee AIR 2011 SC 3777 Relevance,” AIR Vol
 Supreme Court Advocates-on-Record 84 Part 1005
Association and Another vs. Union of September 1997 P
India 2015 SCC OnLine SC 376 J140
Ruma Pal, “Judicial
Jurisdiction of Supreme Court & High Oversight Or Overreach:
Court- Original Jurisdiction & Extra The Role Of The Judiciary
ordinary Original Jurisdiction In Contemporary India,”
CASES: SCC Vol 7 Part 2 August
 State of West Bengal v Union of India 2008 P 9
AIR 1963 SC 1241
 State of Bihar v Union of India AIR
1970 SC 1446
 Union of India v State of Rajasthan
AIR 1984 SC 1675
 M/s. Tashi Delek Gaming Solutions
Ltd. v State of Karnataka AIR 2006
SC 661

School Of Law Jan-May,2019

 Appellate jurisdiction, Statutory Appeal
CASES:
 Krishnaswami Pillai v Governor
General in Council AIR 1947 PC 37

Special Leave to Appeal

19-20 CASES:
[2hrs]  Keshav Prasad Sharma v Indian Oil
Corporation, 2011 AIR SCW 999
 Ramakant Rai v Madan Rai AIR 2004
SC 77
 Kunhayammad v State of Kerala AIR
2000 SC 2587
Court of Record, Doctrine of Stare
Decisis,
CASES:
 Swaran Singh Lamba v Union of
India (1995)4 SCC 545
 Ajit Kumar Rath v State of Orissa
AIR 2000 SC 85
 Subhadra Rani Choudhary v S. W.
Nain AIR 2005 SC 3011
 Vinita Saxena v Pankaj Pande AIR
2006 SC 1662
 State of U.P v Punni AIR 2008 SC
930
 Special Deputy Collector v N.
Basudeva Rao AIR 2008 SC 944
 Safia Bee v Mohd. Vajahath Hussain
AIR 2011 SC 421, 426
Rohtas Bhankhar v. Union of India,
Civil Appeal Nos. 6046-6047 of 2004,
15-07-2014

Curative Petition- Advisory

21-22 Jurisdiction- Writs (Arts. 32 & 226),-
[02 hrs] Power of Review, Judicial Review,
Judicial Activism and Judicial
Accountability-
CASES:
 Keshavanand Bharati v. State of
Kerala AIR 1973 SC 1461
 Rupa Ashok Hurra v. Ashok Hurra
(2002) 4 SCC 388 : AIR 2002 SC
1771

Tribunals
CASES:
 S. P. Sampath Kumar v. Union of
India (1987) 1 SCC 124
 L Chandra Kumar v. Union of India

School Of Law Jan-May,2019

 AIR 1997 SC 1125
 LOCAL SELF GOVERNMENT
Panchayats- Municipalities
CASES:
 Saraswati Devi v Shanti Devi AIR
1997 SC 145
 Kishan Singh Tomar v Municipal
Corporation of Ahmadabad AIR 2007
SC 269

 IMPORTANT
CONSTITUTIONAL
23 FUNCTIONARIES & BODIES
[1hrs] Attorney and Advocate General-
Comptroller and Auditor General-
Public Service Commission- Election
Commission- Finance Commission-
Inter- State Council
 The Comptroller and Auditor
General of India (Art. 148-151)
 Hemchandra Sen Gupta v. The
24
Speaker, 1956 cal 378)
[1hrs]
 Chote Lal v. State of U.P 1951
All.258
 M.S.M Sharma v. Sri Krishna
Singh 1966 SC 1186
 Sri Indira Nehru Gandhi v. Raj
Narain 1975 SC 2299
 Association of United Tele
Services Providers Vs Union of
India 2014 SC 1984 at p. 1999

25
Class Test
[01hr]
MODULE IV
26-45
LEGISLATIVE AND ADMINISTRATIVE RELATIONS BETWEEN UNION
[20hrs]
AND STATES
26-27  RELATIONSHIP BETWEEN  Lecture
[02hr] THE UNION AND THE  Jain M. P., Indian  Discuss
STATES Constitutional Law, 5th ion
Legislative Relations (Arts 245‐ 254) - edition, Wadhwa, Nagpur  Case
Different Lists and the allocation of page no. 479 to 567 Study
subjects- Doctrines and principles of  Tony Blackshield,  Chalk
interpretation – “Working The Metaphor : &
Doctrine of territorial nexus [extent of The Contrasting Use Of Board
legislative powers] ‘Pith And Substance’ In
CASES: Indian And Australian
 Wallace Brothers & Co. Ltd. v Law,” Journal Of Indian
Income Tax Commissioner AIR Law Institute Vol. 50 No
1948 PC 118 4 October -December

School Of Law Jan-May,2019

  State of Bombay v. R. M. D. C., AIR 2008 P 2008
1957 SC 699  P.K. Tripathi, Art. 254:
The Text is Explicit, AIR
Delegatus non potest deligare [extent of 1986 J 17
legislative powers] –
CASES:
 Re Delhi Laws Act 1912 AIR 1951
28 SC 332
[01hrs]  Hari Shankar Bagle v State of M.P
AIR 1954 SC 465
 Hamdard Dawakhana v Union of
India AIR 1960 SC 554
 Mahalakshmi Sugar Mills Co. Ltd.
v Union of India AIR 2009 SC 792

Distribution of Legislative powers

[245-253]
29-30
[02hrs] Doctrine of Repugnancy – Conflict
between laws made by Parliament and
State Legislatures- Art. 254

Judicial Interpretations:
Colourable legislation[extent of
legislative powers]
CASES:
 K.T. Moopil Nair v State of Kerala
AIR 1961 SC 552
 S. P. Industries Co. Ltd. v
Electricity Inspector and E.T.I.O
AIR 2007 SC 1984

Ancillary and incidental power

[interpretation of subjects of
legislation]-
CASES:
 Check Post Officer v K. P. Abdulla
& Brothers AIR 1971 SC 792

Doctrine of Pith and Substance

[interpretation of subjects of
legislation] –
CASES:
 Prafulla Kumar v. Bank of
Commerce AIR 1947 PC 60
 State of Bombay v F. N. Balsara
AIR 1951 SC 318
 Zameer Ahmed Latifur Rehman
Sheikh v State of Maharashtra
2010 AIR SCW 3450

School Of Law Jan-May,2019

 Doctrine of Harmonious
Construction [interpretation of
subjects of legislation]-
CASES:
 Sanjeev Lal v. Income Tax, Civil
Appeal Nos. 5899-5900 of 2014,
01-07-2014
 O. N. Mohindroo v Bar Council
AIR 1968 SC 888
Administrative Relation (Arts 256‐262)  Jain M. P., Indian
CASES: Constitutional Law, 5th
 Jayantilal Amritlal Shodhan v. F. N. edition, Wadhwa,
Rana & Others AIR 1964 SC 648 Nagpur , page no.653 to
31  State of Bihar v. Union of India AIR 672
1970 SC 1446  R Vasudev Pillai:
[01hrs]
 State of Karnataka v. Union of India Regulation And
AIR 1978 SC 68 Development Of Water
Resources Under The
Constitution Of India ,
AIR Vol 86 Part 1029
September 1999 P J 181
Financial Relation (Arts. 264‐267)  Jain M. P., Indian
CASES: Constitutional Law, 5th
32  K. T. Moopil v. State of Kerala AIR edition, Wadhwa, Nagpur,
[01hrs] 1961 SC 552 page no. 568 to 652
 Builders Association of India v.
Union of India AIR 1989 SC 1371
 EMERGENCY:  Jain M. P., Indian  Lecture
33-36 Meaning and Scope- Different forms of Constitutional Law, 5th  Discuss
[4hr] Emergency- National, State and edition, Wadhwa, Nagpur, ion
Financial - Proclamation of emergency – page no. 673 to 704  Case
Conditions  Nilay Vipinchandra Study
CASES: Anjaria, “Article 356 :  Chalk
 Bijayanand Patnaik & others v Viewing In Right &
President of India and others AIR Perspective,” AIR Vol 86 Board
1974 Ori 52 Part 1032 December 1999
 State of Rajasthan v. Union of India P J241
AIR 1977 SC 1361  Anil K Dubey,
 S. R. Bommai v. Union of India “Constitutional Machinery
(1994) 3 SCC 1 : Failure Of Farce,” AIR
 Rameshwar Prasad v. Union of Vol 88 Part 1046 February
India (2006) 2 SCC 1 2001 P J46
Effects of Emergency on Centre- State
Relations- Isn’t it against the concept of
Federalism?
Emergency and Suspension of
Fundamental Rights
CASES:
 Makhan Singh v. State of Punjab
AIR 1964 SC 381
 A. D. M. Jabalpur v. Shivkant
School Of Law Jan-May,2019
 Shukla AIR 1976 SC 1207
 Attorney General v Amrit Lal
Pranjivandas AIR 1994 SC 2179
 FREEDOM OF TRADE,
COMMERCE AND INTER‐
COURSE:
Meaning- Trade, Commerce, Intercourse
CASES:
 M/s B. R. Enterprises v State of U.
P., AIR 1999 SC 1867
 Bimalendu De v. union of India AIR  Jain M. P., Indian
2001 Cal. 30 Constitutional Law, 5th
edition, Wadhwa, Nagpur,
Relation between Part III & Part XIII – page no. 736 to 769
Arts. 19 and 14  S K Verma,
37-40 CASES: “Globalisation
[04hrs]  State of Bombay v R. M. D. C AIR Marketisation And
1957 SC 699 Constitutional Mandate,”
Arts. 301‐307- Freedom of Trade- Not Journal Of Indian Law
Absolute Institute Vol 42 No 2-4
CASES: April -December 2000 P
 Atiabari Tea CO. Ltd. V. State of 395
Assam AIR 1961 SC 232
 Automobile Transport v. State of
Rajasthan AIR 1962 SC 1406
 Khyerbari Tea Company v State of
Assam AIR 1964
 Jindal Stainless Ltd. v. State of
Haryana, AIR 2006 SC 2550
41-44  AMENDMENT  Sudhir Krishnaswamy,  Lecture
[04hrs] Power of Parliament and its Restrictions- Democracy and  Discuss
Methods of Constitutional Amendment Constitutionalism in India- ion
A Study of the Basic  Case
Limitations upon Constituent Power- Structure Doctrine, Oxford Study
Development of the Basic Structure University Press, 3rd  Chalk
Doctrine- Important Constitutional Impression, 2012, 1-229 &
Amendments Board
CASES:
 Shankari Prasad v. Union of India
AIR 1951 SC 455
 Sajjan Singh v. State of Rajasthan
AIR 1965 SC 845
 C. Golak Nath v. State of Punjab AIR
1967 SC 1643
 Keshavanand Bharati v. State of
Kerala AIR 1973 SC 1461
 Indira Nehru Gandhi v. Raj Narain
AIR 1975 SC 2299
 Minerva Mills v. Union of India AIR
1980 SC 1789
 Waman Rao v. Union of India AIR
School Of Law Jan-May,2019
 1981 SC 271
Judicial Activism and Restraint- Judicial
Review of Legislations included in the
Ninth Schedule-
CASES:
I. R. Coelho v. State of Tamil Nadu AIR
2007 SC 8617
45
Class Test
[01hr]
46-48
 RESERVED DAYS FOR PRESETATION/VIVA
[03hrs]

G. SUGGESTED READINGS:

Prescribed Books:
 The Constitution of India- Bare Act
 M.P. Jain, Indian Constitutional Law (5th ed., 2003)
 Mahendra P. Singh, V. N. Shukla’s Constitution of India (11th ed., 2008)
Reference Books:
 H.M. Seervai, Constitutional Law of India (4th ed., Vol 1 (1991), Vol. 2 (1993), Vol.3
(1996)
 D.D. Basu, Shorter Constitution of India (14th ed., 2009)
 V.D. Sebastian, Indian Federalism the Legislative Conflicts (1985).
 R.K. Chaubey, Federalism, Autonomy and Centre-State Relations, Satyam Books, Delhi,
2007.
 Shiva Rao, The Framing of India’s Constitution – Select Documents (1967)
 Granville Austin, Indian Constitution: Corner stone of the nation (1966)
 Granville Austin, Working a Democratic Constitution - A History of the Indian
Experience (1999)
 G. Noorani, “Constitutional Questions in India- The President, Parliament and the
States”, 6th Impression 2013.
 Sudhir Krishnaswamy, Democracy and Constitutionalism in India- A Study of the Basic
Structure Doctrine, 3rd Impression, 2012, 1-229
Report:
 Report of the Commission on Centre – State Relation’s (Sarkaria Commission) (1987)
 M. M. Punchi Commission recommendation on Centre State Relation
 Report of the National Commission to Review the Working of the Constitution(2002)
Journals
 Journal of Indian Law Institute
 Indian Bar Review
 Journal of Constitutional Law & Parliamentary Affairs
 The Indian Journal of Constitutional Law
Web Sources:
 SCC Online
 Westlaw

H. INSTRUCTIONS
a) All students will be divided in groups comprising of 3 students in each.

School Of Law Jan-May,2019

 b) Students are expected to read the concerned session’s contents in advance before coming to
the class.
c) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their views
and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared
to appear for the viva and strictly appear on given time, otherwise, he/she will loose the
marks.
g) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

-----------------------------------------------------

------------------------------------------------------------
Annexure-I
School Of Law Jan-May,2019
 UNIVERSITY OF PETROLEUM & ENERGY STUDIES
STUDIES
SCHOOL OF LAW

*B. A. LL. B (ENERGY LAW)

SEMESTER
ACADEMIC YEAR: 2018-19 SESSION: JAN-
MAY
ASSIGNMENT – *NUMBER
FOR
*Subject Name
*(Subject Code)
*Under the Supervision of: Faculty name
(*= TO BE FILLED BY THE STUDENT)

*NAME: _______________________
*SAP NO: _______________________
*ROLL NO: --------------------------------------

Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)

General Question- subject matter

School Of Law Jan-May,2019

Write short notes on any four of the following:

1. Entrenched provisions
2. Private Members Bill
3. Impeachment of the President
4. Doctrine of Repugnancy
5. Appellate Jurisdiction of the Supreme Court
Section B (20 marks)- Conceptual Question
(Attempt all questions. Each questions carry equal marks)

6. Explain the Doctrine of Pith and Substance

7. Explain the concept of Executive Clemency
Section C (20 marks)- Analytical question
(Attempt all questions. Each questions carry equal marks)

8. Explain the scope of the Articles in the Part III and Article 226 during the National and State
Emergency.
9. Explain the procedures under Article 368 of the Constitution of India.

Section D (50 marks)

(Attempt all questions. All questions carry equal marks)
- Application Based Question

Read the case “Case / problem” and answer the following questions:

In Water Gate Conspiracy Case, a number of persons occupying high offices in political
positions were involved. Their names were found in what is known as the Maruti Diaries and the
CBI was asked to investigate the matter. The investigating agencies for obvious reasons were
found lukewarm in investigations.

Questions: Based on the Case Study/Case Details/Problem Details

10. With the above facts in place, explain the type of writ that could be issued by the Judiciary.
[06 marks]
11. What is a Continuing Mandamus? [04 marks]
12. Explain the different conditions for issuing Mandamus, Habeas Corpus, Quo Warranto, and
Prohibition. [15 marks]
[04 marks + 15marks +06 marks = 25 marks]

A member of the Nava State Legislative Assembly made a speech on the floor of the House. The
speaker ordered certain portion of the speech to the expunged. The editor of the Flashlight
newspaper published the entire speech of this member including the expunged portion. The
matter was referred to the Privilege Committee of the House and the editor was summoned by
the Committee to answer the charge of breach of privilege. The editor moved the Supreme Court
under Article 32 of the Constitution claiming that the actions of the Committee infringe his
Fundamental Rights.

School Of Law Jan-May,2019

Questions: Based on the Case Study/Case Details/Problem Details

13. Explain the relevance of Parliamentary Privileges. [04 marks]

14. Discuss with the help of cases the powers, privileges and immunities of the members of the
Parliament and its Committees. [15 marks]
15. Explain the conflict between fundamental rights and privileges using the above-illustrated
facts. [06 marks]
[04 marks + 15marks +06 marks = 25 marks]

INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information sources like
a. Your own prior experience
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates
3. Please remember that due to the dynamic and rapidly changing global legal environment and
the continuously realigning geopolitical situation, your answers should capture and depict the
current contemporary information.
4. As a student of Law, we encourage to have a contrary point of view. But do ensure that you
can provide a logical justification to this view supported by verifiable facts, figures, statues
and decided cases by various higher courts.

[PROJECT TOPIC SHEET]

JAN TO MAY 2019
TOPIC
Independence of Judiciary versus National
Judicial Appointment Commission
Tussle between Executive and Judiciary:
Present and Past
Local Self Governance in India: A
Constitutional Background
“Chief Justice of India” and “Chief
Justice of Supreme Court of India”:
Recent Emerging Issue with Reference to
National Judicial Appointment
Commission Act, 2014
School Of Law Jan-May,2019
A Critical analysis of the
recommendations of Constitution Review
Commission: A study
A critique of the 73rd and 74th
Amendments (Local Self Government)
Accountability of the Comptroller and
Auditor General: A contemporary
analysis
Administrative Tribunal under Act 323-
A: A Study in the light of decided cases
Advisory Jurisdiction of S.C.- Re the
Special Court Bill 1978AIR 1979 478
Advisory Jurisdiction of the Supreme
Court: Theory and Practice
Amendment of the Constitution and
Fundamental Rights
An analysis of disqualification of
Members of the Parliament
Appellate Jurisdiction :SC
Appellate Jurisdiction of the Supreme
Court of India : An analysis of Judicial
pronouncements
Appellate jurisdiction of the Supreme
Court of India: Scope and Content
Appointment and functions of the
Governor: A Critique
Appointment and transfer of High Court
Judges: A Critique
Appointment of Governor- Not election?
Appointment of Judges and Judicial
supremacy
Appointment of Judges of S.C. and
Collegium
Attorney General of India
Balancing legislative privileges and
freedom of press: An Analysis
Central Control over State Legislation
Central Government as Amphibian- A
Study
Central Government- Weak or Strong
Centre's Direction to State: Consequential
Analysis
Codification of Legislative Privileges in
India: Problems and Perspectives
Collective Responsibility-A Constitutional
Respective
Concept of ‘Hung Parliament’ and its
relevance to India: A study
Concept of judicial Activism under the
Indian Constitution: Theory and Practice
Concept of separation of powers under the

School Of Law Jan-May,2019

Indian Constitution
Conflict between Executive and
Legislature under the Indian
Constitution: Constitutional plans and
practice
Conflict between Legislature and
Judiciary : A study
Constitutionality of Delegated Legislation
Constitutionality of Government contract
Contempt of Court and Constitution of
India
Contempt of the Court and the
contemporary scenario: Need for change
Contempt of the House and contempt of
Court: Constitutional Policy and Judicial
Interpretations
Contempt of the House: An analysis of
judicial interpretations
Co-operative Federalism
D.C. Wadhwa V. Union of India: A
critical comment
Discretionary powers of the Governor: An
Analysis of Judicial interpretations
Discretionary powers of the President
under the Constitution: A critique
Distribution of Legislative Powers
Doctrine of Basic Structure with reference
to 42nd Constitutional Amendment Act
Doctrine of Basic structure: Genesis and
Gamut
Doctrine of Colourable Legislation
Effect of National Emergency
Election Commission of India
Election Commission of India: The
watchdog of free & fair elections
Emergency: Suspension of Fundamental
Rights
Euthanasia & Courts
Executive Power of Union
Failure of Constitutional Machinery in
State
Federalism
Finance Commission: Taxation
Forms of Government: A comparative
analysis of Indian and British
Constitutions
Freedom of Trade and Commerce v.
Art.19(1)(d)
Functioning of Administrative Tribunals
in India: A study

School Of Law Jan-May,2019

General Amendment Vs. Constitutional
Amendment
Governor: Appointment of Chief Minister
Governor: Judicial Power
Governor: Legislative Power
Governor : Ordinance Making Power
Governor’s powers to Constitute Council
of Ministers: Theory and Practice
Governor-Agent of Central Government
H.C.: Power of Superintendance and Sub-
Ordinate Judiciary
High Court- Inherent Power
In re Keshav Singh- AIR 1965 SC745
In Re Ram Janamabhoomi- (1993) 1 SCC
642
Independence of Judiciary& RTI Act
India- Quasi Federal
India Vs. Presidential form of
Government
Indian Constitution Vs. Jammu and
Kashmir episode
Inter-Relationship of Article 32 and 226
Joint sitting of the Houses of Parliament:
Theory & Practice
Judges (Inquiry) Act 1969: An analytical
study
Judicial activism versus judicial self-
restraint: A reflection on the Supreme
Court of India
Judicial Review as the basic structure of
the Constitution – A study in the light of
decided cases
Judicial self-restraint: An analytical study
Judiciary: Legislative Power
Judiciary has misinterpreted the
discretionary powers of the Governor: A
critical comment
Kihoto Hollohan V. Zachillu AIR 1993 SC
412 : A Critical Review
L. Chandra Kumar v. Union of India AIR
1997 SC 1125: A Critical Review
Legislative Control of Delegated
Legislation
Limits of Judicial Activism: A critique
Misuse of Article 356
Ordinance making powers under the
Indian Constitution: A Critical Study
Original Jurisdiction : SC.
Original Jurisdiction of the Supreme

School Of Law Jan-May,2019

Court of India: Judicial Interpretations
P Samba Murthy v. State of A.P AIR 1987
SC 6633: A Critical Review
Parliament Vs. Election Commission and
Judiciary
Parliamentary and Presidential forms of
Government: A comparative study
Parliamentary Legislation in State field
Parliamentary Privileges Vs. Judiciary
Planning commission
Power to Pardon: Constitutional Scheme
and Practice
Powers and Privileges of the House of
Parliament & their Committees: Theory
& Practice
President : National Emergency
President : Power of Pardon
President - A titular Head?
President and council of Minister
President: Ordinance Making Power
President’s Role in Assenting to Bills: A
critical comment
Presidential assent to Bills : Theory and
Practice
Presidential Elections: An Analysis
Privilege doctrine/The Institution of
Lokayukta
Procedure of Amendment of the
Constitution- Indian Vs. U.S.A.
Prorogations and Dissolution of the Lok
Sabha: An analytical study
Public Interest Litigation: Issues and
Trends
Public Service Commissions & Civil
Service: Constitutional scheme & Practice
R.C. Poudyal V. Union of India : A
Critical Review
Re Appointment of judge- AIR 1999 SC 1
Reconciliation between fundamental
rights and legislative privileges: A study
Relation: President and Prime Minister
Removal of Judges and Independence of
Judiciary
Re-promulgation of Ordinance: Problems
and Perspectives
Re-promulgation of Ordinances: Issues
and Trends
Repugnancy- Central Vs. State
Residuary Power
River water- Dispute: State and Judiciary
School Of Law Jan-May,2019
Role of Inter-State Council
Rule-making power of the Supreme
Court: A Critique
Rule of Law and Supremacy of
Parliament
S.C. Advocates-on-record Association Vs.
U.O.I. AIR 1994 SC 268
S.P. Sampath Kumar V. Union of India
AIR 1986 SC 386: A Critical Review
S.P. Gupta v. Union of India [AIR 1982
SC 149]- and after
S.S Dhanoa V. Union of India AIR 1991
SC 1745 : A critical review
SC : Power to Review
Sixty year of the working of the
Constitution: Lessons for the future
Special Leave Petition : Criminal Justice
Special Leave Petitions: Nature and Scope
Special original jurisdiction of the
Supreme Court of India (Art. 71)
Special Provisions relating to Tribal
Areas: A Study
Status of Administrative Tribunals under
the Constitution: Judicial & Legal
Perspectives
Supreme Court: Court of Record
Supreme Court : Examination for Witness
Supreme Court : India- U.K.
Supreme Court : India- U.S.A
Supreme Court : Power for doing
Complete Justice
Supreme Court's Jurisdiction over
Tribunals under Article 136
Territorial Jurisdiction: Legislation
The balancing of legislative privileges and
fundamental rights: A contemporary
analysis of India
The Concept of collective responsibility in
India: Theory and Practice
The Constitutional procedure involved in
passing a bill: An analysis of the Indian
practice
The emergency powers under the Indian
Constitution
The Executive, legislative and judicial
powers of the President: A comparative
study
The Legislature – Executive conflict in
India – An analysis
The nature and scope of special leave

School Of Law Jan-May,2019

 petitions
The X schedule is illusory: A critical
comment
Tortious and Contractual Liabilities of
Government
Transfer of Judges: Politics
Tribunals under Act 323-B: A study in the
light of decided cases
Tribunals Vs. High Court
Unstable political scenario in India and
Anti defection law: A critique
Vice- President of India
Vohra Committee Report: Issues and
Trends
Writ and Res Judicata
Writ Jurisdiction of the Supreme Court of
India

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of Synopsis:
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterization

3. Submission of Final Project report after approval of synopsis:

a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11.
b. Printed both sides.
c. Project must have- Cover page stating Subject name, Title of the Project, Course
Supervisor name, Student details etc.
d. Students have to follow a uniform method of citation (the suggested method is Blue Book
19th Edition) and must mention the same in the research methodology).
e. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.

School Of Law Jan-May,2019

 4. The project work shall:
a. Be focused on the problem;
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and;
e. Be satisfactory in presentation so far as language, style and form are concerned.

5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with
others.

6. A certificate to the effect that the project work carried out by the student independently or in
collaboration with other student(s) endorsed by the student shall form the part of the
submission for evaluation.

7. All projects submitted by the students will go through the process of plagiarism check through
the anti-plagiarism software (Turnitin). The report produced by the software will necessarily
be as per the standards prescribed by the university. If the report is below standards, the course
supervisor will reject the project and award zero marks.

Important Dates:
Sl. Particulars/Events/Projects Date of Submission
No. /Assignments/Exams BA.LL.B (Energy Law)
(Section A and B)
th
01 Submission of Abstract and 30 Jan, 2019
Synopsis for Research
Project
02 Quiz Test- I February second Week

03 Mid-Semester Examination As per University Calendar,

2019-2020
04 Submission of Research 24th March, 2019
Project
05 Quiz Test- II March Second Week

06 Research Project 1st April, 2019

Presentation and Subject
Viva-Voce (Grand Viva-
Voce)
07 Grand Viva for the Entire 2nd April, 2019
Course
08 End Semester Examination As per University Calendar,
2019-2020

School Of Law Jan-May,2019

Important Instruction:
For the purpose of consultation, discussion about subject or any query, students can meet
teacher from 3 to 4 pm, on all working days.

Annexure-II
CONTINOUS ASSESSMENT SHEET-January-May, 2019
Programme Name     Semester      
Faculty Name            
Subject          
Subject Code            
Quiz Test Research Project Work Subject Grand Attendance Total
(With Viva or PPT)/ Viva 100
Marks

Enrl. No. Name

20% weightage 40% weightage 20% 20%

weightage weightage

             
             
             
             
             
             
             
             
             
             
             
             
             
             
             

*For the purpose of consultation, discussion on subject or any query students can meet teacher from 3
to 4 pm, on all working days.

School Of Law Jan-May,2019

School Of Law Jan-May,2019