Constitutional Law – II

Goa University · LL.B. Semester 2 · LLB-108

Unit 1 — The Union and State Executive

1. Union Executive · a. President of India – Powers, functions, Election, Terms and conditions of office, Constitutional position of the President of India · b. Vice President, Council of Ministers, Prime Minister · 2. State Executive – Position of Governor, Discretionary Powers of the · Governor

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

Unit 2 — The Union and State Legislature

1. Composition of Houses of Parliament · 2. Composition of State legislatures · 3. Qualification and disqualification of members of Parliament and · Legislatures · 4. Legislative Process – Passing of Bills, Ordinary Bill, Money Bill and · Financial bill · 5. Powers, Privileges and Immunities of Houses of Parliament and · State legislatures

Unit 3 — The Judiciary

1. Supreme Court of India · a. Composition, appointment and removal of judges · b. Jurisdiction of the Supreme court – Original, Appellate, · Special leave, Advisory · c. Powers of the Supreme Court – Power to punish for contempt, power to do complete justice · d. Law declared by the Supreme court – Doctrine of Precedents · 2. High Courts - Composition, Jurisdiction, appointment, transfer and removal of Judges · 3. Independence of Judiciary

Unit 4 — Relations between the Union & the States

1. Federalism – Meaning, Nature, Cooperative Federalism · 2. Legislative relation between the Union and the States · a. Distribution of Legislative Powers between Union and States · b. Territorial distribution of powers and Doctrine of Territorial · Nexus · c. Distribution of legislative Powers – Union List, State List and · Concurrent List and the Principles of Interpretation of the · Lists · d. Power of Parliament to Legislate on State matters · e. Repugnancy between the Union Law and State Law · 3. Administrative relation between the Union and the States · 4. Financial Relation between the Union and the States

Unit 5 — Emergency Provisions under the Constitution and Freedom of trade, commerce & intercourse

1. National Emergency · a. Issuance of Proclamation of Emergency – grounds and procedure, Revocation of Emergency. · b. Effects of Proclamation of Emergency · c. Suspension of Fundamental Rights during Emergency, · 2. State Emergency · a. Breakdown of constitutional machinery in the States · b. Judicial Review over presidential orders under Article 356. · 3. Financial Emergency · 4. Trade, Commerce and intercourse within the territory of India

Unit 6 — Constitutional Safeguards to Civil Servants, Amendment of the

Constitution, and Provisions relating to Government liability, Property and Election · 1. Doctrine of pleasure and Constitutional safeguards to civil servants · 2. Right to Property under the Constitution · 3. Election, Election commission of India, Power, Functions. · 4. Power and procedure to amend the Constitution and the Doctrine of Basic structure