Constitutional Law II – Syllabus

Objectives:

This course gives the students a picture of Constitutional Parameters regarding the organization,
powers and functions of the various organs of the Government. The emphasis is also on the study
of the nature of federal structure and its functioning. A critical analysis of the significant judicial
decisions is offered to highlight judicial restraint, judicial activism and judicial balancing.
Finally, the students should be able to articulate their independent views over contemporary
crucial Constitutional issues.

Course contents:

UNIT-I

Federal system: Organization of State.

Relationship between the Centre and the State: Legislative, Financial and Administrative, Co- operative Federalism and recommendation of Commission.

Freedom of Trade and Commerce, Official Language, Local self-government with special emphasis on 73rd and 74th Amendment.

Constitutional provision of Jammu and Kashmir (Art. 370).

Special provisions relating to specific states (Articles 371-A to 371-J)

UNIT-II

Executive: Centre and State; President and Governor; powers and functions.

Parliament and State Legislature: Bicameralism, Composition, powers and function.

Councils of ministers: collective responsibility, Position of Prime Minister and Chief Minister.

UNIT-III

Speaker: Parliament and State Legislature, Powers and Functions, Privileges Anti-Defection Law.

Judiciary: Union and States, appointment, powers, jurisdiction and Transfer of judges.

UNIT-IV

Subordinate Judiciary, Administrative Tribunals.

Public Service Commission: services under the center and the state, Constitutional protection to
Civil Servants.

Election Commission: Powers and functions.

State liability for Torts and Contract.

UNIT-V

Emergency: Types, Effects and effects on Fundamental Rights.

Constitutional Interpretation

Amendment: Basic structure theory.

Schedules.

Review of working of the Constitution.

Prescribed Book:

1. M. P. Jain – Indian Constitutional Law Vol 1& Il