Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Credits: 03
Course Objectives:
1. To familiarize the students with the organization, Powers and Functions of the various Organs of
the Government.
2. To critically analyze the significant judicial decisions highlighting judicial restraint on the powers
of legislature and executive
3. Examine the expanding role of judiciary through judicial passivity, judicial activism and judicial
balancing.
Learning Outcomes:
1. Identify the distribution of powers between legislature, executive and judiciary.
2. Analyze the provisions of the constitution with respect to the functions performed by
each organ of the Government.
3. Undertake a case study of critical analysis of the use of power by each organ of the
Government and evaluate the results and doctrines established.
4. Critical analysis of the evolutionary case study relating to power exercised by the
judiciary to keep a check on the laws passed by the legislature.
Scheme: This course is comprised of about 40 lectures of one-hour duration divided into four
Units with 8-10 lectures in each Unit.
Course Contents:
UNIT I: Constitutional Organs in India
Parliament: Composition, Sovereignty; Privileges; Anti Defection Law
1. Jaya Bachchan v. Union of India AIR 2006 SC 2119 (Office of Profit)
2. Raja Ram Pal v. Honble Speaker, Lok Sabha (2007)3 SCC 184 (cash for vote scam)
3. M.S.M. Sharma v. Sinha (I) AIR 1959 SC 359 (Searchlight case)
4. Kihota Hollohan v. Zuchilhu AIR 1993 SC 412 (anti-defection law)
5. Jagjit Singh v. State of Haryana (2006) 11 SCC 1 (defection by a single member party)
State Legislatures: Composition; Privileges
6. Ashok Pandey v. K. Mayawati AIR 2007 SC 2259 (appointment of member of Rajya Sabha as
CM)
7. Rameshwar Prasad v. Union of India AIR 2006 SC 980
Executive: Powers and Position of the President, Privileges of the President; Principle of Collective
Responsibility
8. B. R. Kapur v. State of Tamil Nadu AIR 2001 SC 3435 (convicted person disqualified to be CM)
9. S. P. Anand, Indore v. H. D. Deve Gowda AIR 1997 SC 272 (appointment of non-member as PM
or COM)
10. D. C. Wadhwa v. State of Bihar, AIR 1987 SC 579
Pedagogy:
The application of specific pedagogy is motivated from the fact that strong foundations need to
be developed. Pedagogy for the module has to take care of two things. Firstly, a constant
interaction among students and tutor is required, involving students in active and participative
manner. Secondly, an instructive strategy is required to understand implications emphasising
learning by doing. Thus, in this module following pedagogical approaches are adopted:
Case Study Method: to enable the students understand the gradual development of law
by the judiciary.
Examination Scheme:
Component of Evaluation
CC
MT
CP
EE
Weightage (%)
10
20
10
60
CC: Class Participation and Conduct; MT: Mid Term; CP: Case Presentation; EE: End Term
Examination
Suggested Readings:
Statutes:
Professionals, The Constitution of India: Bare Act with Short Notes, 2015.
Prescribed Books:
M.P.JAIN, INDIAN CONSTITUTIONAL LAW (Lexis Nexis, ed. 2015).
J.N.PANDEY, CONSTITUTIONAL LAW OF INDIA (Central Law Agency, Allahabad, ed. 2015).
Reference Books:
H.M.SEERVAI, CONSTITUTIONAL LAW OF INDIA (in 3 Volumes), (Universal Law Publishing;
Fourth edition).