Constitution

1. Academic Year 2021-22
Semester-IV
(Batch 2020-25)
Teaching Plan
Constitutional Law II
By
Mr. Ahmed Ali
(Course in-charge)
Ms. Shipra Sinha
(Co-Faculty)
Symbiosis Law School, Noida
Symbiosis International (Deemed University)
February 2022 –June 2022

2. 1. Introduction
The Indian Constitution, for purposes ranging from efficiency of
governance to maintaining democracy, apportions power between the
three principal organs of state: namely, the legislature, judiciary and
executive. This may be referred to as a lateral division of political power.
There is also a vertical devolution of power between the union and the
states. Enmeshed in this two-way power trajectory lies the scheme and
structure of state’s distribution of political power. Constitutional
arrangements demarcate limits inside of which the union and the states
may legitimately exercise sovereign power. However, the said
demarcations are not water-tight and spill overs are not infrequently
institutionalized with a central tilt. Owing to which tendency, the Indian
Constitution has been variously referred to as either federal with a unitary
bent or as “quasi-federal”. The lateral spill overs on the other hand, have
come to be characterized as a necessary system of checks and balances
maintaining equilibrium inter-se. From the given account it should be
apparent to a keen observer that much of our course of study would but
be hinged around controversies and conflicts between the union and the
states, or the legislature, the executive and the judiciary. This course, in
sum, is a study of the above power dynamic in theory and practice.
2. Learning Objective& Outcomes
A. Objective (Knowledge, Skills, & Employability)
The objective of this course is to develop in the students the following set
of skills: general cognitive intellectual skills; general communicative/
employability skills; and subject specific skills. It aims at developing
following set of skills among the students:
 To inculcate the skill of reading the Constitution as the purveyor of
all legitimate political power.
 To identify the fundamental policy choices incorporated in the
Constitution.
 To examine the historical evolution of constitutional doctrines,
standards, and tests.
 To keep students abreast of the latest developments and changes in
the field of constitutional law.
 To generate critical thinking among students about the stated
objectives of constitutional law.
 To enable them to examine the recent developments and changes
that have taken place in the field.
B. Outcomes (Knowledge, Skills, & Employability)
After the completion of the course, student should be able to:
1) To identify different aspects of application of Constitutional Law in daily
lives of an individual and a lawyer. (skill)
2) To acquire knowledge of the existing theories of Centre-State Relation,
Legislature-Executive-Judiciary Relation at Center and State level.
(knowledge)

3. 3) To compare the various types of theories of each concept (skill)
4) To review the concepts. (employability)
5) To apply the knowledge in their daily life. (employability)
C. Subject Specific Activity
Constitutional Law will demand an ability to identify and select key
relevant theories and to apply that knowledge with clarity to difficult
situation of significant legal complexity; to analyses problem and to
produce well-supported conclusions in relation to them.
3. Lectures
A. Times and Attendance
Two/Three lectures per week have been set aside for this course for each
division. Verify it from the Time Table assigned for each division. One
should duly check related notification at ‘Outlook’ as well as ‘Posts’
@Microsoft Teams.
As per Symbiosis International (Deemed University) Regulations, please
note, “Students are expected to attend minimum 75% of all scheduled
sessions and other forms of instruction as defined by the programme of
study.”
The student will not be eligible to appear for the examination if he / she
fail to put in the required attendance. The students can update
themselves of their attendance daily online in ‘Attendance’ on iCloudEMS
Portal at https://siu.icloudems.com/corecampus/index.php
B. Mode of Delivery
This Course will be delivered in Synchronous (80%) and Asynchronous
(20%) mode. Session Plan, Lecture outlines (principally in the form of
PowerPoint slides), Hand-outs, reading material including e-Books, and
Articles as applicable in a given case, will be made available in ‘Class
Material’ @ Microsoft Team. To facilitate understanding of these lectures,
student should always read at least the relevant pages of suggested
readings in advance of each lecture.
C. Notifications
Students are informed that notice/s, if required, with respect Academic-
Administration, will be sent, either by Course in Charge or Officer In
Charge, Academic Coordination, using ‘Posts’ @Microsoft Teams. Students
are required to keep themselves duly informed.

4. D. Lecture Outline: Synchronous Mode
Week 1
February 14, 2022
Lecture 1- Syllabus Preview/Teaching Plan
Week 2
February 21, 2022
Lecture 2-Teaching Plan and Project Assignment
Lecture 3- Federalism and Nature of Indian
Constitution
Week 3
February 28, 2022
Lecture 4- Federalism and Nature of Indian
Constitution
Lecture 5- Territorial division of legislative
powers (Art. 245)
Week 4
March 07, 2022
Lecture 6- Subject wise division of legislative
powers (Art. 246).
Lecture 7- Subject wise division of legislative
powers (Art. 246).
Week 5
March 14, 2022
Lecture 8- Doctrine of Pith and Substance,
Harmonious Construction, Colourable
Legislation and Ancillary Powers
Lecture 9- Doctrine of Pith and Substance,
Harmonious Construction, Colourable
Legislation and Ancillary Powers
Week 6
March 21, 2022
Lecture 10- Non-obstante and subjection clause
in 246
Lecture 11- Center-State
Executive/administrative relations
Week 7
March 28, 2022
Lecture 12- Center-State
Executive/administrative relations
Lecture13-Center-State
Executive/administrative relations.
Week 8
April 04, 2022
Lecture15-Center-State
Executive/administrative relations
Lecture 16- Centre-State Financial relations
Week 9
April 11, 2022
Lecture 17- Inter-state water disputes (Art.
262)
Lecture 18- Inter-state water disputes (Art.
262)
Week 10
April 18, 2022
Lecture19- Inter-state Council, National
Development Council (Art. 263)
Lecture20- National Emergency: Introduction
Week 11
April 25, 2022
Lecture21- Prerequisites for valid proclamation
(Art. 352)
Lecture 22 - Duration and Effects of Emergency
(Art. 352, 353,354, 358, 359)
Week 12
May 02, 2022
Lecture 23- Duration and Effects of Emergency
(352, 353,354, 358, 359)
Lecture 24- Duration and Effects of Emergency

5. (352, 353,354, 358, 359)
Week 13
May 09, 2022
Lecture 25- Judicial Review: Meaning Scope;
Impact of Judicial Review of Emergency
Provisions: 38, 42 and 44 Amendments
Lecture 26- President Rule (Art. 356,357)
Week 14
May 16, 2022
Lecture 27- President Rule (Art. 356,357)
Lecture 28- Sarkaria Commission Report
Lecture 29- Judicial Review of President Rule
Week 15
May 23, 2022
Lecture 30- President and Governor: Election,
Powers, Functions
Lecture 31- President and Governor: Election,
Powers, Functions
Lecture 32 Ordinance making power of the
President and Governor (13(3), 123, 213 and
367(2))
Week 16
May 30, 2022
Lecture 33- Centre and State Legislature:
Composition, Power, Functions
Lecture 34- Judiciary: Nature of judicial power.
Appointment and removal of judges
Lecture 35 - Power and Functions of Supreme
Court
Week 17
June 06, 2022
Lecture 36 - Election Commission: Power and
Function, Election Reforms
Lecture 37 - Revision
E. Lecture Outline: Asynchronous Mode
The following part of the course will be covered via asynchronous mode of
teaching, learning, & evaluation.
Asynchronous Mode
Week Video
No.
Content
Week 3
February 28,
@ 3:30 PM
Video 1 Residuary Legislative Power (Art. 248)
Video 2 Legislative conflict and repugnancy (Art.
254)
Video 3 Legislation by Parliament on State
Subjects (Art. 249)
Week 4
March 07, 2022
@ 3:30 PM
Video 4 Legislation by Parliament on State
Subjects (Art.250, 252 and 253)
Video 5 The President: Functions, Powers and
Privileges
Video 6 The President: Functions, Powers and
Privileges
Doubt Clearing Session (Live)
Week 5 Video 7 Pardoning Power of the President

6. March 14, 2022
@ 3:30 PM
Video 8 Parliamentary Privileges Part I
Video 9 Parliamentary Privileges Part II
Week 6
March 21, 2022
@ 3:30 PM
Video 10 Anti-Defection Law
Video 11 Election Commission
Doubt Clearing Session (Live)
The following part of the course will be covered via asynchronous mode of
teaching, learning, & evaluation. This part of course will be covered
through following three steps:
1) Asynchronous Teaching (15 Minute);
2) followed by Learning Resources (Video, further reading) (45 minute);
3) followed by, Student Involvement Practices (15 minute)
*Learners must watch these videos, compulsorily refer the related
reading material and participate in engagement activity, as per
applicable schedule. On competition of all three steps mentioned
above, the attendance will be granted for the said session.
*The schedule will be followed subject to changes due to
unforeseen and unavoidable situations.
4. READING AND MATERIALS:
A. Textbooks
 V N Shukla, Constitution of India, (12th edn.), EBC, Lucknow.
 M P Jain, Indian Constitutional Law, (8thedn), Lexis Nexis, New Delhi.
 Chemerinsky, Constitutional Law, (4thedn.), Wolters Kluwer.
 A.V. Dicey, An Introduction to the Study of the Law of the
Constitution(6thedn), Universal Law Publishing Co.
 Durga Das Basu, Constitutional Law of India. Butterworth LexisNexis
2009
B. Reference Books
 Ellis Sandoz: The Roots of Liberty, Liberty Fund Indianapolis. 2008John
Macdonald QC,
 Ross Crail and Clive H. Jones: The Law of Freedom of Information,
Oxford Press.
 P. Ishwara Bhat: Fundamental Rights: A Study of Their Relationship.
Eastern Law House
 Michael J. Richard A. Epstein: Economics of Constitutional Law (2
Vols.) An Elgar Reference Collection

7.  T. M. Cooley: A Treatise on the Constitutional Limitations, Hindustan
Law Book Company, Calcutta, 2005
 Thomas M. Cooley, The General Principles of Constitutional Law in the
United States of America, Hindustan Law Book Company
 Granville Austin, The Indian Constitution: Cornerstone of a Nation,
Oxford India
 Granville Austin, Working in a Democratic Constitution: A History of
the Indian Experience, Oxford India
Nevertheless, the text provides the basic reading for the course only.
There is much more to the Family Law II than this, and you will
undoubtedly benefit from undertaking some reading and study of your
own. It is creditable if you, in respect of the proper use of independent
research and study, follow up in the Law Library some of the case
references, periodical articles or other material referred to in the prime
textbook or in class – or even to do some research of your own. For
supplementary reading, you could, for instance, begin by consulting the
relevant sections of the “alternative” texts placed on loan in the law
library. Thereafter you could engage in your own research, with particular
reference to eBooks, eJournals, Case Comments, Case Notes, Research
Material on online databases including Hein Online, Ebrary, EBC Reader,
Westlaw India, LexisNexis, SCC Online, AIR, Manupatra, CLA Online,
Kluwer Competition Law, Kluwer Arbitration; Kluwer Patent Law, JSTOR;
Emerald, EBSCO’S, Legit Quest, Sage Journals, International Taxation,
Oxford Handbooks; Sage Research Methods, Nature Journal, McGraw Hill
Education India E-Books, SCOPUS, Web of Science, Pearson E-Books etc
5. ASSESSMENT
Constitutional Law II is a 04 Credit course, so you will be examined in
this course for 100 marks. In totality, you will be examined in this course
by Internal (40%) and External Assessment (60%) format.
Internal Continuous Evaluation:
Internal Continuous Evaluation will be conducted for 40 Marks. It will
include the following:
i. First Mode of Internal Continuous Evaluation – Project (10
Marks) Examiner- Mr. Ahmed Ali
ii. Second Mode of Internal Continuous Evaluation – Case
Analysis (10 Marks) Examiner- Ms. Shipra Sinha
iii. Third Mode of Internal Continuous Evaluation – Quiz I (5
Marks) Examiner- Ms. Shipra Sinha
iv. Fourth Mode of Internal Continuous Evaluation – Tutorial (10
Marks) Examiner- Mr. Ahmed Ali
v. Fifth Mode of Internal Continuous Evaluation – Quiz II (5
Marks) Examiner- Mr. Ahmed Ali

8. Term End Examination:
The Symbiosis International (Deemed University) will conduct Term End
Examination for 60 marks at the end of the semester. It will consist 6
Subjective- type/ cases and open problems/ questions (10 marks each)
with an alternative.
6. INTERNAL CONTINUOUS EVALUATION: MODE AND SCHDULE
A. Project Mode and Schedule:
First Component is Research Project –where each learner will be required
to review the allotted project to be evaluated out of 10 marks. The
Project Topic will be allotted by Course In charge. The Research project is
aimed at improving research and analytical skills to make students
learning academically more challenging and rigorous than standard
lecture and test format courses Project –Submission Guidelines: Please
note that you are required to submit it to on or before the date of
submission. It should comprise of Details of the Learner (Name, PRN,
Division and Programme). The project should be accompanied with
Turnitin generated plagiarism report. No submission will be accepted
without plagiarism report. As per the anti-plagiarism, the projects with
more than 10% plagiarized content shall be marked ‘zero’. Following are
the guidelines for the project:
 Project will be allotted by Course In charge
 Word Limit (Not more than 1200 words)
 Complete Plagiarism report generated via Turn-it-in shall be submitted
 Turnitin report highlighting content similarity of Index should be of
≤10%. Similarity index more than 10 % shall invite strict actions and
the learner shall be awarded “zero” marks for the project.
 Despite the report’s content similarity being lower, if the Course-in-
charge identifies any form of plagiarism, undetected by Turnitin, the
learner will have to face a penalty of negative marking (Negative
marking of up to five marks).
Pertinent details respect to generation of Turnitin Report and its
upload on ‘Assignment@Microsoft Teams' are as follows:
 Classes – course wise for Batch 2020-25 at Turnitin will be created
 Upload complete assignment in your respective Class @Turnitin
 Once the Turnitin report is generated, download it and then upload the
same report as is generated on ‘Assignment @Microsoft Teams', as
applicable in a given case, for evaluation. Late submission will invite
the deduction of two marks per day. Deduction of the marks to be

9. calculated from the last date of submission. The timetable of the
Project, Tutorial and Viva Voce is as follows:
Following are the parameters of assessment:
Parameters Weightage of Marks
Introduction 2 Marks
Content 5 Marks
Research Methodology, Analysis
& Conclusion
3 Marks
B. Case Analysis: Mode and Schedule
Second Component of internal continuous evaluation is a Case Analysis.
Wherein each learner shall be allotted one landmark case study of the
International Banking Institutions / International Financial Institutions
from the different topics of thecourse. The list of the topics allotted will be
uploaded on Microsoft Teams.
Case Analysis Submission Guidelines:
Please note that you are required to submit the Case Analysis on or
before the date of submission. It should comprise of Details of the
Learner (Name, PRN, Division and Programme). The case
analysis/case study should be accompanied with Turnitin generated
plagiarism report. No submission will be accepted without plagiarism
report. As per the anti-plagiarism, the submission with more than 10%
plagiarized content shall be marked ‘zero’. Following are the guidelines for
the case analysis/case study:
 Topics for the case analysis will be allotted by Co-faculty
 Word Limit (Not more than 700 words)
 Complete Plagiarism report generated via Turn-it-in shall be submitted
 Turnitin report highlighting content similarity of Index should be of
≤10%. Similarity index more than 10 % shall invite strict actions and
Schedule – Project
Allotment of Topics
Submission Results
Allotment of
Topic
Date of
Allotment of
Topic
List of topics will be
uploaded @ Teams
February 14,
2022
March 08,
2022
March 21,
2022

10. the learner shall be awarded “zero” marks for the project.
 Despite the report’s content similarity being lower, if the Course-in-
charge identifies any form of plagiarism, undetected by Turnitin, the
learner will have to face a penalty of negative marking (Negative
marking of up to five marks).Pertinent details respect to generation of
Turnitin Report and its upload on ‘Assignment @ Microsoft Teams' are
as follows:
 Classes – course wise for Batch 2020-25 at Turnitin will be created
 Upload complete assignment in your respective Class @Turnitin
 Once the Turnitin report is generated, download it and then upload the
same report as is generated on ‘Assignment @Microsoft Teams', as
applicable in a given case, for the purpose of evaluation.
 Late submission will invite the deduction of two marks per day.
Deduction of the marks to be calculated from the last date of
submission.
The timetable of the Case Analysis is as follows:
Parameters Weightage of Marks
Introduction 2 Marks
Content 4 Marks
Analysis & Conclusion 4 Marks
C. Quiz I- Mode and Schedule
The third mode of internal assessment will be Quiz-I and shall be
conducted via online mode from the part of the course delivered via
online mode and shall have 5 multiple choice questions of 1 mark each
There is no negative marking. The duration of the quiz shall be 15
minutes. The Quiz shall be prepared in the form of the fill in the
blanks, true/false, Statement/Code, Paragraph based, Data Based,
Logical Sequence, matching questions relating to the subject. The goal
of the tutorial is to prepare, motivate and help the students
recall/remember what they learned. It aims at judging the knowledge
and Understanding of a student.
Schedule – Case Analysis
Allotment of Topics
Submission Results
Allotment of Topic
Date of
Allotment of
Topic
List of topics will be
uploaded @ Teams March 14, 2022
March 30,
2022
April 11,
2022

11. Schedule – Quiz I
Topic
(Lecture Plan – Asynchronous s
Mode)
Date Time
Residuary Legislative Power(Art. 248)
•Legislative conflict and repugnancy
(Art. 254)
•Legislation by Parliament on State
Subjects (Art. 249)
•Legislation by Parliament on State
Subjects (Art.250, 252 and 253)
•The President: Functions, Powers
and Privileges
April
07,2022
03:00 PM
-
03:15 PM
@Video 1-6
D. Tutorial: Mode and Schedule
The fourth mode of internal Assessment is Tutorial. There will be one
tutorial of 10 marks, having minimum two questions. The tutorial will be
“Open Book Test”. It is designed to ensure that the students practice
their ability to reflect and relate theories and improve their expression
style in writing. It is aimed at improving the writing, research,
communication, and presentation skills. It is Open Book Examination
i.e. examinees are allowed to bring and use any material including
Books, Articles, Hand Written Notes, Hand Outs and alike printed
material.
Tutorial
Date
Topic
Test Result
April
19,2022
May
02,2022
Indian Federalism,
Parliament, Union
Executive
E. Quiz II- Mode and Schedule
The fifth mode of internal assessment will be Quiz-II and shall be
conducted via online mode from the part of the course delivered via
online mode and shall have 5 multiple choice questions of 1 mark each.
There is no negative marking. The duration of the quiz shall be 15
minutes. The Quiz shall be prepared in the form of the fill in the blanks,
true/false, Statement/Code, Paragraph based, Data Based, Logical
Sequence, matching questions relating to the subject. The goal of the
tutorial is to prepare, motivate and help the students recall/remember
what they learned. It aims at judging the knowledge and Understanding
of a student.

12. Schedule – Quiz II
Topic
(Lecture Plan – Asynchronous s
Mode)
Date Time
Appointment of Prime Minister and
Council of Minsters
•Pardoning Power of the President
•Parliamentary Privileges Part I
•Parliamentary Privileges Part II
•Anti-Defection Law
•Writ Jurisdiction
April
28,2022
03:00PM
-
03:15 PM
@Video 7-11
7. Administrative Arrangements
The Course in-charge of this course is Mr. Ahmed Ali and co-faculty is
Ms. Shipra Sinha. In case you face any problem in dealing with the
subject you may write at ahmed@symlaw.edu.in and
shipra@symlaw.edu.in

13. Annexure A
Appendix ‘A’ – Front Page and Cover
Title of the project
----------------------------------------------------------------------------------
---------------------------------------------------------------
----------------------------------------------------
Submitted by
Name of the candidate
-----------------------------------------
Division.... PRN...
Symbiosis Law School, NOIDA
Symbiosis International (Deemed University)
In
Month, year
Under the guidance of
Name of Course In charge
-----------------------------------
Designation and official address of course In charge
------------------------------------------------------------
--------------------------------------

14. Guidelines for Project
Contents of Submission I Introduction
II Research Methodology
Hypothesis
Research Questions
Scope and Limitation
III Chapters
IV Conclusion and Suggestions
Bibliography should be as per Harvard APA Referencing System.