Constitutional Law - II
Shivaji University, Kolhapur · LL.B. Semester 2 · DSC-202
Unit I — PARLIAMENT
1. Composition, Election, qualifications, disqualifications and tenure of members. · 2. Functions of Parliament. · 3. Privileges of Members, Parliamentary Privileges and fundamental rights · 4. Relationship between LokSabha and RajyaSabha · 5. Officers of the parliament – Speaker, Chairperson, powers and functions
Unit II — PARLIAMENTARY GOVERNMENT AND UNION EXECUTIVE
1. Westminster Model- Choice of Parliamentary Form-Council of Minister and Prime Minister, Cabinet system, collective responsibility- individual responsibility. · 2. Co-alition Government · 3. President of India- Election, qualification and Impeachment · 4. powers (specially the ordinance making power) privileges and constitutional position · 5. Governor of the State- Appointment, tenure etc., position and status of Governor.
Unit III — RELATIONSHIP BETWEEN UNION AND STATES – I- LEGISLATIVE
RELATIONS · 1. Legislative powers of the union- extent and width- seventh schedule · 2. Provision as to introduction and passing of ordinary bills · 3. Joint sitting of both the houses · 4. Parliament’s power to legislate on State subjects · 5. Principles of interpretation of Lists
Unit IV — RELATIONSHIP BETWEEN UNION AND STATES – II- ADMINISTRATIVE AND
FINANCIAL · 1. Administrative relationship · a) Co-extensive powers of administrative organ- Art 73 · b) Obligation of states- assistance and coordination · c) Inter state council · d) All India Services · e) Grants in aid. · 2. Financial Relations--- · a) Distribution of Revenue between Centre and State. · b) Money Bill- finance bills · c) Finance Commission
Unit V — FREEDOM TRADE-COMMERCE AND SERVICES UNDER THE STATE
1. Freedom Trade-extent and relationship with fundamental rights · 2. Restrictions on Trade and Commerce · 3. Doctrine of Pleasure · 4. Constitutional safeguards to Civil Servants · 5. Public Service Commission
Unit VI — EMERGENCY PROVISIONS
1. National emergency- imposition and implications · 2. Constitutional amendments relating to national emergency · 3. Failure of constitutional emergency in the state- grounds · 4. Misuse of state emergency -safeguards by judicial pronouncements · 5. Financial emergency – grounds and implications
Unit VII — JUDICIARY UNDER CONSTITUTION
1. Supreme Court- composition, Appointment procedure- collegium system- removal · 2. Jurisdiction of supreme court- original, appellate, advisory and curative · 3. High Court-Composition, Appointment, jurisdiction etc. · 4. Independence of Judiciary · 5. Doctrine of Judicial Review- Nature and scope
Unit VIII — CONSTITUTIONAL PROCESS OF ADAPTATION AND ALTERATION
1. Amendment- meaning and Methods of Constitutional amendment · 2. constitutional Limitations upon constituent power · 3. Doctrine of Basic Structure- emergence and expansion · 4. Amendment of fundamental rights · 5. Content and controversy of basic structure theory