Constitutional Governance II

Hidayatullah National Law University · LL.B. Semester 4 · LLB-C-401

Unit I — CONCEPT OF GOVERNMENT AND GOVERNANCE

Understanding the concept of Government and Governance · Forms and Dimensions of Governance · Governance in the Digital Era · Challenges to Effective Governance

Unit II — THE UNION AND STATE: LEGISLATURE AND EXECUTIVE

The Union and State Legislature: Composition, Functions, and Powers of the Houses, Electoral Process- Anti-Defection · Scheme of Qualifications and Disqualifications · Legislative Privileges and their relationship with Fundamental Rights · The Union and State Executive: Structure of the Union and State Executive, Appointment and Impeachment/Removal Process · Domain of Executive Power, Legislative and Pardoning Powers of the Executive, Relationship between President and Council of Ministers, Judicial Review of Ministerial Advice

Unit III — THE UNION AND STATE JUDICIARY

Supreme Court of India: Composition, Appointment and Removal of Judges (Collegium System) · Jurisdiction and Powers of Supreme Court and High Courts · State Judiciary: Composition, Appointment, Removal and Transfer of Judges

Unit IV — DISTRIBUTION OF LEGISLATIVE POWERS

Division of Legislative Powers between Centre and State- Doctrine of Territorial Nexus, Pith and substance and Colorable Legislation · Residuary Powers and the Role of the Judiciary in Resolving Legislative Conflicts · Doctrine of Repugnancy and its application

Unit V — CENTRE AND STATE ADMINISTRATIVE AND FINANCIAL RELATIONS

Division of Administrative Powers between Centre and State · Centre's Control over states, Intergovernmental Delegation and Cooperation · Financial Relations between the Centre and the States – Classification of Taxes, Scheme of Distribution, Finance Commission, Development of Goods and Services Tax (GST)

Unit VI — EMERGENCY PROVISIONS

National Emergency, Suspension of Fundamental Rights and the impact on Governance · Imposition of President’s Rule in States, Judicial Review in the times of Emergency · Financial Emergency and its effects on Governance

Unit VII — AMENDMENT PROVISIONS

Power and Process of Amendments in Constitution and their impact on the structure of Governance · Limitation on Amendment making Power · Emerging Challenges in Amendments