Constitutional Law – II

Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 2 · LAW-CC-213

Unit I — Federalism

Federalism- principles: comparative study · Indian federation: identification of federal features · Legislative relations · Administrative relations · Financial relations · Governor’s role · Centre’s powers over the states-emergency · Challenges to Indian federation

Unit II — Parliamentary Government

West Minister model- choice of parliamentary government at the centre and States. · President of India. · Election, qualifications, salary and impeachment · Powers: Legislative, executive and discretionary powers. · Council of Ministers · Prime Minister- Cabinet system- collective responsibility- individual responsibility. · Coalition government: Anti-defection Law. · Governor and State Government- constitutional relationship.

Unit III — Parliament

Meaning and Composition of Parliament · Legislative process. · Practice of law-making · Legislative privileges and Fundamental Rights

Unit IV — Judiciary under the Constitution

Judicial process · Court System · The Supreme Court · High Courts. · Subordinate judiciary · Judges: appointment, removal, transfer and conditions of service: Judicial independence · Judicial services: nature and people.

Unit V — Emergency

Emergency- meaning and scope · Proclamation of emergency- conditions- effect of emergency on centre- state relations. · Emergency and suspension of Fundamental Rights. · 2. Constitutional processes of adaptation and alteration · Methods of constitutional amendment. · Limitations upon constituent power · Development of basic structure: Doctrine of judicial activism and restraint.