Constitutional Law-I

Unit 1 — General (6 Classes)

Constitution - Fundamental Law of the Land: Making of the Indian Constitution; Aims and Objectives; Essential Features of Constitution; Theory of Basic Structure; Principles of Federalism; Nature of the Indian Constitution - Federal, Unitary, Quasi-federal; Cooperative and Competitive Federalism; Scheduled and Tribal Areas

• Philosophy of Constitution
• Historical background and framing of the Indian Constitution
• Salient Features of the Indian Constitution

Unit 2 — The Union and its Territory (4 Classes)

Power to cede Indian territory to a Foreign Nation; Power to create/extinguish a state; Alteration of name, area and boundary of existing states - Procedure (Articles 1-4)

Unit 3 — The Union and the State Executives (5 Classes)

The President and Vice President - Qualifications, Election, Term of Office, Powers · Nature, Scope and Extent of Executive Powers of the Union and States (Article 73) · Union Council of Ministers - Powers and Position of the President (Articles 74-75)

• Qualification, Powers, and functions of — President and Vice-president Union Council of Ministers Governor State Council of Ministers
• Legislature and Executive under the Indian Constitution Unicameral and bicameral Legislatures

Unit 4 — Parliament and State Legislatures (5 Classes)

Composition of Parliament and State legislatures; Qualification/Disqualification of Members; Legislative Procedure, Legislative Privilege (Articles 79-122, 168-212)

• Legislature and Executive under the Indian Constitution Unicameral and bicameral Legislatures
• Qualification, Disqualification and Privileges of — Members of Parliament Members of Legislative Assembly Anti-Defection Law (Xth Schedule)
• Law making procedure

Unit 5 — Legislative Power of the Executive (Ordinances) (3 Classes)

Essential conditions for promulgation of an Ordinance; Ordinance under Article 13; Judicial Review; Validity of successive promulgation of the same Ordinance (Articles 123, 213)

Unit 6 — Union and State Judiciary (7 Classes)

Part-I Composition, Appointment, Removal and Jurisdiction: Supreme Court of India (Articles 124-147); Jurisdiction of Supreme Court - Original Exclusive (Articles 71, 131), Original Concurrent; Appellate Jurisdiction - Civil, Criminal and other matters; Special Leave to Appeal (Article 136); Power of Review (Article 137); Advisory Jurisdiction (Article 143); Curative Petition; Writs - habeas corpus, mandamus, prohibition, quo warranto and certiorari · Part-II Procedural requirements and innovations: Judicial Activism and overreach/self-restraint, Locus Standi, Laches, Res Judicata; Power to issue appropriate orders and directions; Power to award Compensation

• Judicial Activism
• Independence of Judiciary
• Judicial accountability
• National Judicial Appointments Commission
• Article 32- Right to Constitutional Remedies and Public Interest Litigation

Unit 7 — Distribution of Legislative Powers (14 Classes)

Doctrine of Territorial Nexus (Article 245) · Subject-matter of laws made by Parliament/Legislatures of States; Position of Union · Interpretation of legislative lists: Plenary and Ancillary Power of Legislation; Effect of Non Obstante Clause; Doctrine of Harmonious Construction; Doctrine of Pith and Substance; Colourable Exercise of Legislative Power · Residuary Power of Legislation (Article 248) · Parliament's Power to Legislate in List II (State List) (Articles 246(4), 247, 249-253) · Doctrine of Repugnancy (Article 254)

• Centre-State Relations (Part-XI) Legislative Relations Administrative Relations

Unit 8 — Freedom of Trade, Commerce and Intercourse (7 Classes)

Concept of trade and commerce; scope of freedom of trade, commerce and intercourse; fiscal measures; direct and immediate restrictions; regulatory measures; compensatory taxes; restrictions on trade, commerce and intercourse among states, power of Parliament and state legislatures; state monopoly (Articles 301-307)

• Inter-state Trade and Commerce (Part-XIII)

Unit 9 — Emergency Provisions (6 Classes)

Proclamation of Emergency on grounds of war, external aggression and armed rebellion (Articles 352, 358, 359) · Power of Union Executive to issue directions (Articles 256, 257) and effect of non-compliance (Article 365); Duty of the Union to protect the States (Article 355) · Imposition of President's Rule in States - Grounds, Limitations, Parliamentary Control, Judicial Review (Articles 356-357) · Financial Emergency (Article 360)

• Emergency (Part XVIII) Types of Emergencies Grounds for proclamation Consequences of Proclamation