Constitutional Law of India - II
Dibrugarh University · LL.B. Semester 2 · B.A.,LL.B.: 2.5
Unit 1 — The Union and the State Executive
1.1 The Union and the State Executive 1.1.1 The President of India –qualification –election –term of office –power – impeachment. 1.1.2 The Governor –appointment and powers. 1.1.3 Relationship between the President/Governor with the Council of Ministers. 1.1.4 Nature, scope and extent of executive powers of the Union and the States –Articles 73 & 162. · 1.2 The Union Parliament and State Legislatures 1.2.1 Compositions of the Parliament and State Legislatures. 1.2.2 Qualification/Disqualification of Members of Parliament and State Legislatures –Anti Defection Law. 1.2.3 Prime Minister –Cabinet System –Collective Responsibility 1.2.4 Legislative Process –Legislative Privileges –Immunities of members of the Parliament and state legislature.
Unit 2 — Union and State Judiciary
2.1 Supreme Court of India –Composition –appointment and removal of Judges of the Supreme Court. · 2.2 High Courts in the States · 2.3 Jurisdiction of Supreme Court –original/appellate/advisory jurisdiction – statutory appeal- special leave to appeal –power of review- · 2.4 Writs (32-226) · 2.5 Judicial Review (nature and scope) –independence of the Judiciary – Judicial activism –PIL
Unit 3 — Relationship between the Union and the States
3.1 Distribution of Legislative Powers. · 3.2 Administrative Relation. · 3.3 Financial Relation.
Unit 4 — Amendment of the Constitution and Emergency Provisions
4.1 Amendment of the Constitution 4.1.1 Power of the Parliament to amend the Constitution and procedures (Article 368) 4.1.2 Limitation on the power to amend the Constitution –Doctrine of basic feature/structure · 4.2 Emergency Provisions 4.2.1 National Emergency 4.2.2 State Emergency –Grounds of imposition 4.2.3 Financial Emergency 4.2.4 Effect of declaration of emergency –emergency and fundamental rights - 44th Amendment Act.
Unit 5 — Freedom of Trade, Commerce and Intercourse within the Territory of India, services under the Union and States
5.1 Freedom of trade, Commerce and Intercourse –meaning-power of the Parliament –restrictions. · 5.2 Services under the Union and the States –Doctrine of Pleasure –protection against arbitrary dismissal, removal or reduction in rank –Exception of Article 311. Reffered Cases: 1 Keshbananda Bharati Vs. State of Kerala, AIR 1973 SC 1461 2 Maneka Gandhi Vs. Union of India, AIR 1978 SC 597 3 In Respecial reference No. of 1998 (Judges Appointment Case), AIR 1999 SC 1 4 SR Bomai Vs. Union of India, AIR 1994 SC 1918 5 Kuldeep Nayar Vs. Union of India, AIR 2006 SC 312 6 A.D.M. Jabalpur Vs. Srikanth Shukla, AIR 1976 SC 1207 7 Rameswar Prasad Vs. Union of Inda, AIR 2006 SC 980 8 Keshab Singh in-re, AIR 1965 SC 745 9 Union of India Vs. Tulshi Ram, AIR 1985 SC 1416 10 Atiabari Tea State Co. Vs. State of Assam, AIR 1961 SC 232