Constitutional Law -I

Maharashtra National Law University, Aurangabad · LL.B. Semester 4

Unit I — General Introduction, The Union and its Territory & Citizenship

Brief Learning Outcome: the Significance of the Preamble, Salient Features of Indian Constitution, Power of the Parliament with respect to the boundary and the nuances of Citizenship and Challenges, General Introduction, Preamble, Salient features of Indian Constitution, Constitution & Constitutionalism, Federal features of the Indian Constitution, 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), Citizenship (Art. 5- 11).

Unit II — The Union and the State Executive

Brief Learning Outcome: The students by the end of this module will be able to understand the Significance of the Office of President of India and Vice-President of India. They will also be familiarized with the gubernatorial role in Indian Polity. The functions and power of the President vis-à-vis the Governor and Council of ministers will be familiarized. The President and Vice President – Qualifications, Election, Term of Office, Powers, Impeachment (Articles 52- 72), Governor – Appointment and Powers (Articles 153–161), Nature, Scope and Extent of Executive Powers of the Union and States (Article 73, 162), Union Council of Ministers – Powers and Position of the President (Articles 74- 75); State Council of Ministers (Articles 163-164), Relationship of the President/Governor with the Council of Ministers; Scope and Extent of Judicial Review of Executive Actions (Articles 74, 75,77,78,111,102, 103(2), 217(3), 163)

Qualification, Powers, and functions of — President and Vice-president Union Council of Ministers Governor State Council of Ministers

Unit III — Union and State Legislature

Brief Learning Outcome: The students by end of this module will be able to understand the Significance of the institution of Parliament and its composition and powers. Also, a thorough examination will be done with regard to the Ordinance vis-à-vis Judicial Review. Composition of Parliament (Art. 79) and State legislatures (Art. 168), Qualification/ Disqualification of Members, Legislative Procedure, Legislative Privilege (Articles122 & 212), 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 IV — Union and State Judiciary

Brief Learning Outcome: The students by end of this module will be able to understand the Significance of the institution of Judiciary and the other nuances such as appointment, removal of judges, etc. The students will be taught about the Jurisdictional issues. A though coverage of judicial activism and compensation will also be dealt. Part – I Composition, Appointment, Removal and Jurisdiction The Union Judiciary: The Supreme Court of India (Articles 124- 147); Composition, Appointment and Removal of Judges (Articles 124 - 130); Procedure (Article 145); the High Courts in the States (Articles 214 - 231) Part – II Procedural Requirements and Innovations Judicial Activism and overreach/ self-restraint, locus Standi, Laches, Res judicata, Exhaustion of Alternative Remedies and Public Interest Litigation- PIL (Concept of pro bono publico), Mohd. Arif v. The Reg. Supreme Court of India, (2014) 9 SCC 737, Daryao v.State of UP, AIR 1961 SC 1457, Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802, Power to issue appropriate orders and directions; Power to award Compensation, Rudal Sah v.State of Bihar, AIR 1983 SC 1086, M.C. Mehta v. Union of India, AIR 1987 SC 1086, Chairman Railway Board v. Chandrima Das (2000) 2 SCC 465.

Unit V — Relations between Union and the State (Legislative, Administrative & Financial)

Brief Learning Outcome: The students by end of this module will be able to understand the Significance of the Union and State relations in a Federal Polity. Legislative Relations. Administrative Relation, Financial Relations Articles 245 – 255, Schedule VII, Doctrine of Territorial Nexus (Article 245), State of Bihar v. Charusila Dasi, AIR 1959 SC 1002, State of Bombay V.R.M.D.C., AIR 1957 SC 699, Tata Iron & Steel Co. Ltd. v. State of Bihar, AIR 1958 SC 452, Subject-matter of laws made by Parliament/Legislatures of States; Position of Union Territories (Article 246), Interpretation of Legislative lists: Plenary and Ancillary Power of Legislation, Effect of Non Obstante Clause, Doctrine of Harmonious Construction, Gujarat University v. Krishna Ranganath Mudholkar, AIR 1963 SC 703, doctrine of Pith and Substance, Prafulla Kumar v. Bank of Commerce, Khulna, AIR 1947 PC 60, State of Karnataka v. Drive-in Enterprises, AIR 2001 SC 1328, State of Rajasthan v. G. Chawla, AIR 1959 SC 544, Colorable Exercise of Legislative Power, K.C. Gajapati Narayan Deo v. State of Orissa, AIR 1953 SC 375, Residuary Power of Legislation (Article 248), Union of India v. H.S. Dhillon, AIR 1972 SC 1061, Parliament’s Power to · Legislate in List II (State List) - (Articles 246 (4), 247, 249 - 253,352,356), Doctrine of Repugnancy (Article 254), Articles 256 – 263, Control of Union over States, Co-operative Federalism, Inter-state Council, Articles 264-291, Taxation only by authority of law, Finance Commission, Distribution of Revenue between Centre and the States.

Unit VI — Liability of State in Torts & Freedom of Trade, Commerce, and Intercourse

Brief Learning Outcome: The students by end of this module will be able to understand the Significance of the tortious actions of State. Liability of State in Torts Suits by or against the State, Liability in Tort, Sovereign Immunity Freedom of Trade, Commerce & Intercourse Object of such provision in a Federal Constitution, Restrictions on Trade and Commerce, Parliament’s Power to regulate trade and commerce in the public interest, State’s power to regulate

Unit VII — Elections & Emergency Provision

Brief Learning Outcome: The students by the end of this module will be able to understand the Significance of the Elections, Emergency provisions and the Office of CAG. Election Commission, CAG & Miscellaneous Provisions.

Unit VIII — Amendment of the Constitution

Brief Learning Outcome: The students by the end of this module will be able to understand the Significance of the Amendment and the procedure thereto. Power and Procedure to amend the Constitution, Limitations on amending Power –Doctrine of Basic Feature/Structure, Judicial Review of Legislations included in the Ninth Schedule, I.R. Coelho v. State of Tamil Nadu, AIR 2007 SC 861: (2007) 2 SCC 1, Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, Kihoto Hollohon v. Union of India, AIR 1993 SC 4120, L. Chandra Kumar v. Union of India, AIR 1997 SC 1125, Madras Bar Association v. Union of India AIR 2015 SC 1571, Supreme Court Advocates-On-Record Association and another v Union of India WP No 13 of 2015