Constitutional Law II

Guru Ghasidas Vishwavidyalaya · LL.B. Semester 5 · LAIETT2N

Unit I — Union and State Executive

President and Vice-President: Election, Qualifications, Powers, and Functions · Governor: Appointment, Powers, and Constitutional Position · Council of Ministers at the Union and State Levels: Structure and Responsibility · Conduct of Government Business (Articles 74–75, 163–164) · Attorney General and Advocate General: Roles and Duties

Unit II — Union and State Legislature

Parliament and State Legislatures: Composition and Functions · Legislative Procedures: Ordinary, Money, and Financial Bills · Roles of Presiding Officers and Committees · Qualifications, Disqualifications, and Privileges of Legislators

Unit III — Judiciary: Supreme Court, High Courts and Subordinate Judiciary

Structure, Composition, and Appointment of Judges · Jurisdiction of the Supreme Court and High Courts: Original, Appellate, Advisory, and Writ · Special Leave Petition (Article 136) and Judicial Review · Judicial Independence and Judicial Accountability · Subordinate Courts and Judicial Administration · Tribunals and Quasi-Judicial Bodies

Unit IV — Legislative Relations between Centre and State

Constitutional Framework (Article 245, 246, 246A), Seventh Schedule · Special Provisions for Parliament’s Legislation on State Subject (Article 248, 249, 250, 252, and 253) · Inconsistency and Repugnancy (Article 254 and 251) · Doctrines Developed by Judiciary: Pith and Substances, Territorial Nexus, Colorable Legislation, Repugnancy, and Harmonious Construction)

Unit V — Administrative Relations between Centre and State

Obligation of the State and the Union (Article 256) · Directives of Union over state (Article 257) · Delegation of Union’s Function to the States (Articles 258, 258 A) · Co-operative Federalism

Unit VI — Financial Relations between Centre and State

Division of Taxing Power (Article 265, 268-270) · Finance Commission: Role and Recommendation (Article 280-81) · Grant-in-Aid (Article 275) · Borrowing Power (Article 292-293) · Public Fund & Withdrawals: Consolidate Fund of India and State, Contingency Fund and Public Account (Article 266 & 267)

Unit VII — Elections, Emergency and Amendment

Election commission: Composition, Powers and Functions; Role of EC in the Superintendence of Elections; Anti-defection Law; Representation of Peoples Act, 1951. · Emergency: National, state and financial, Suspension of Fundamental rights · Amendment: Power and necessary procedure; Doctrine of Basic Structure.

Unit VIII — Contract and Services

Contractual and Tortious Liability of State · Recruitment and conditions of service · Doctrine of pleasure