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    Yogesh Byadwal
    This document provides the reading guide and discussion questions for a Constitutional Law class session on Article 13. The session will discuss a series of Supreme Court cases - Sankari Prasad, Sajjan Singh, Golakh Nath, and Kesavananda Bharati - that examined whether constitutional amendments fall under the scope of "law" in Article 13. Students are asked to focus on the reasoning and sources cited by each judge in their readings of Sajjan Singh and extracts from Golakh Nath and Kesavananda. The discussion will be led by the professor on the first two cases, while four students will each present one of the KB judgments.

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    Consti

    Uploaded by

    Yogesh Byadwal
    12 views1 page
    This document provides the reading guide and discussion questions for a Constitutional Law class session on Article 13. The session will discuss a series of Supreme Court cases - Sankari Prasad, Sajjan Singh, Golakh Nath, and Kesavananda Bharati - that examined whether constitutional amendments fall under the scope of "law" in Article 13. Students are asked to focus on the reasoning and sources cited by each judge in their readings of Sajjan Singh and extracts from Golakh Nath and Kesavananda. The discussion will be led by the professor on the first two cases, while four students will each present one of the KB judgments.

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    This document provides the reading guide and discussion questions for a Constitutional Law class session on Article 13. The session will discuss a series of Supreme Court cases - Sankari Prasad, Sajjan Singh, Golakh Nath, and Kesavananda Bharati - that examined whether constitutional amendments fall under the scope of "law" in Article 13. Students are asked to focus on the reasoning and sources cited by each judge in their readings of Sajjan Singh and extracts from Golakh Nath and Kesavananda. The discussion will be led by the professor on the first two cases, while four students will each present one of the KB judgments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    12 views1 page

    Consti

    Uploaded by

    Yogesh Byadwal
    This document provides the reading guide and discussion questions for a Constitutional Law class session on Article 13. The session will discuss a series of Supreme Court cases - Sankari Prasad, Sajjan Singh, Golakh Nath, and Kesavananda Bharati - that examined whether constitutional amendments fall under the scope of "law" in Article 13. Students are asked to focus on the reasoning and sources cited by each judge in their readings of Sajjan Singh and extracts from Golakh Nath and Kesavananda. The discussion will be led by the professor on the first two cases, while four students will each present one of the KB judgments.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    NLSIU

    Academic Year 2021-22


    5 year LL.B CORE COURSE: Constitutional Law I
    Session 9: (Fri, Apr 01): Article 13 (3 0f 3)
    Reading Guide and Discussion Questions:
    In this final session on Article 13, we will continue with the discussion of the Sankari
    Prasad case, before moving onto discussing Sajjan Singh, Golakh Nath and the
    Kesavananda cases. The focus throughout will be on the question: do constitutional
    amendments amount to ‘law’ within Article 13? Please read the judgment in Sajjan
    Singh and the extracts from Golakh Nath and Kesavananda on this issue. For those who
    want some additional background on these cases, please see the recommended reading
    that I have added to LMS.
    I will lead the discussion on the first two cases. The KB judgments will be dealt with by
    Tarun, Aparajita, Shristy and Saif (in that order). Each of the presenters will get about
    10 minutes overall (5 mt presentation followed by 5 minutes of Q and A). Please
    practice your initial speech and time yourself for this purpose.

    DISCUSSION QUESTIONS
    1. As you read through each of the several judgments, focus on the reasoning
    provided by the individual judge on the central question we are focusing on:
    whether Article 13 covers constitutional amendments within its ambit. Try and
    identify the substantive reasons advanced by each judge for reaching his
    conclusion.
    2. Next, focus on the sources cited by the judge to justify his reasoning. Recall
    Fallon’s typology and think of what argument is being deployed by the judge in
    his justification.
    3. Think about how and why the judges are departing from the short, unanimous
    conclusion reached by Justice Sastri in Shankari Prasad to the array of arguments
    that are on display by the time we come to KB nearly two decades later. Can we
    explain this change purely through legal lenses? What other factors may help us
    understand this shift?

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