Constitutional Law – II

Savitribai Phule Pune University · LL.B. Semester 2 · LCC 0601

Unit 1 — Nature of Indian Federalism:

1. Essential characteristics of Indian Federalism. · 2. Indian Federalism distinguished from American Federalism. · 3. Federalism and Basic Structure Doctrine.

Unit 2 — Distribution of Legislative and Executive Powers:

1. The Scheme of Distribution of Legislative powers. · 2. Territorial extent of Union and State Legislature. · 3. Limitations to the territorial jurisdiction of the Parliament. · 4. Distribution of Legislative subjects. · 5. Residuary powers. · 6. Expansion of Legislative powers of the Union under different circumstances. · 7. Interpretation of Legislative lists. · 8. Distribution of Executive powers. · 9. Centre – State Co-ordination. · 10. Inter-Governmental Delegation of Powers. · 11. Delegation by the Centre. · 12. Entrustment of State’s Power to the Centre. · 13. Centre’s direction to the State. · 14. All India Services. · 15. Inter-State Council.

Unit 3 — Distribution of Financial Powers:

1. Allocation of Taxing Powers. · 2. Restriction of State’s Power to levy Taxes. · 3. Distribution of Revenue between the Union & the States. · 4. Assignment of Union Revenue to the State. · 5. Compulsory Tax Sharing. · 6. Permissive Sharing of Taxes. · 7. Grant-in Aid.

Unit 4 — Structure, Powers and Functions of Union and State Legislature:

1. Bicameral Legislature. · 2. Composition, Powers, and Functions of Union Legislature · 3. Composition, Powers, and Functions of State Legislature · 4. Qualification, Disqualification and Privileges of Members of Parliament Members of · 5. Legislative Assembly Anti-Defection Law · 6. Law making procedure - Types of Bills - Ordinary, Financial, Money and Appropriation Private Member Bills and Government / Public Bills

Unit 5 — Structure, Powers and Functions of Supreme Court, High Court and Tribunals:

1. Independence of Judiciary and Judicial Activism · 2. Appointment of Judges, Structure, Jurisdiction, Power and Functions of Supreme Court · 3. Appointment of Judges, Structure, Jurisdiction, Power and Functions of High Court and Subordinate Courts · 4. Tribunals - Administrative tribunals, Tribunals for other matters · 5. Judicial accountability and demand of National Judicial Appointments Commission

Unit 6 — Structure Powers and Functions of Union and State Executive:

1. Union Executive – Appointment, Qualification, Powers, and functions of President and Vice-president Union Council of Ministers · 2. State Executive - Appointment, Qualification, Powers, and functions of Governor of the State, State Council of Ministers · 3. Interaction between the Executives and the Legislature. · 4. Conduct of Governments Business.

Unit 7 — Other Constitutional Institutions / Authorities:

1. UPSC and State Public Service Commission · 2. Attorney General, Advocate Generals · 3. Election Commission of India · 4. Comptroller and Auditor General of India · 5. Local Self-governing Bodies: Panchayats and Municipalities, Co-operative Societies · 6. National Commissions for SC, ST and Backward Classes

Unit 8 — Emergency Provisions:

1. National Emergency. · 2. Failure of Constitutional Machinery in a State. · 3. Financial Emergency.