Indian Constitutional Law - II
Swami Ramanand Teerth Marathwada University · LL.B. Semester 3
Unit 1 — Federalism [16 units]
1. Federalism-principles-comparative study of Federations. Why India has a federal Government. · 2. Indian Federalism-President of India-Council of State- Process of Constitutional amendment. Identification of Federal Features · 3. Legislative relations between the Centre and the States. · 4. Administrative relations between Centre & State. · 5. Financial Relation between Centre & State. · 6. Governor's position from the Perspective of federalism: A Critical Study · 7. Centre's Powers over the States-Art. 356 · 8. Critical Problems of Indian Federalism, Sarkaria Commission- Greater autonomy vs Central Control- One party domination, Emergence of political Federalism. Growth of Regional Parties.
Unit 2 — Parliamentary Government [14 units]
Components of Parliament -choice of parliamentary government. · 1. President of India-Election, Qualifications, Impeachment, Salary, Presidents Constitutional position · 2. Council of Ministers · 3. Central Government and State Government-Constitutional relationship. · 4. Legislative process-privileges, freedom of speech, practice of law making, etc. · 5. Legislative privileges vs. fundamental rights Art. 143 of the Constitution of India · 6. Prime Minister-Cabinet system-Collective responsibility-individual responsibility. President- P.M. Relationship. · Party system-Anti-defection Law, Freedom of MP/MLA to dissent
- Legislature and Executive under the Indian Constitution Unicameral and bicameral Legislatures
- Qualification, Disqualification and Privileges of — Members of Parliament Members of Legislative Assembly Anti-Defection Law (Xth Schedule)
- Law making procedure
- Qualification, Powers, and functions of — President and Vice-president Union Council of Ministers Governor State Council of Ministers
Unit 3 — Constitutional Processes of Adoption and Alternation: Article 368 [14 units]
1. Methods of Constitutional Amendment- Written- Unwritten-Rigid-Flexible Constitutions. Types of Amendment: procedure. Review of Constitutional amendments. · 2. Limitations upon Constitutional amendments: Shankari Prasad case , Sajjan Singh case · 3. Golak Nath case -why should Fundamental Rights be immune from the process of constitutional Amendment? · 4. Basic structure doctrine as a limitation -Kesavanand Bharti case · 5. Development of the basic structure Doctrine. Constituent power of the Supreme Court. Wamanrao case, Minerva mills case · 6. Indira Gandhi case: Judicial consensus on basic structure, · 7. Legislative and judicial attempts to bury the basic structure doctrine, special bench to reconsider the basic structure Issue. Forty - second constitutional amendment. Forty - fourth constitutional amendment · 8. Minerva mills and subsequent developments of the basic structure doctrine. · 9. Responsibility of the court: Judicial Activism Vs. Judicial restraints.
Unit 4 — Emergency: Article 352 to 360 [14 units]
1. Emergency, need for such a provision: · 2. Proclamation of Emergency- condition- Art. 352 - Effect of Emergency on Centre State relations · 3. Emergency and suspension of fundamental rights Art. 358, 359 Makhansingh case, Tarasikha case to A.D.M. Jabalpore case · 4. State Emergency Article 356 and related provisions · 4. Financial emergency: Article 360
Unit 5 — Judicial Process under the constitution [14 units]
1. Court System in India: Backlogs, Arrears, ADR, Lokadalats etc. · 2. Nature & Scope of Judicial review · 3. Judicial review U/A 32, 226 · 4. Supreme Court of India: Jurisdictions · 6. High Courts: Jurisdictions · 7. Public Interest Litigation.
Unit 6 — Services under the constitution [12 units]
1. Doctrine of pleasure ( Art. 310) · 2. Protection against arbitrary dismissal. removal or reduction in rank (Art. 311) · 3. Tulsiram patel case - Exceptions to Art. 311 · 4. Union Public Service Commission: Composition and Functions · State Service Commission: Composition and Functions