2nd Semester LLB Unitary - Constitutional Law II - Notes, Question Papers and Syllabus
Constitutional Law II
The subject shall be taught by incorporating the recent developments.
Unit I
Union and State Executive – Presidential vs. Parliamentary form of Government – Term of Office, Qualification and Impeachment of President – Powers of President, Extent of Power – Vice President – Qualification, Functions and Powers – Governor of a State, Qualification, Appointment and Tenure – Powers – Relevant Case Laws.
Unit II
Union and State Legislature – Parliament – House of States and House of People, Members Qualification and Disqualification – Privileges – Office of Profit – State Legislature – Unicameral and Bicameral Legislative System – Special Procedure on Money Bill and Finance Matters (Union and State) – Union Cabinet – Council of Ministers – Collective Responsibility – Prime Minister’s Appointment – Powers, Duties and Functions – Shamsher v. State of Punjab, S.P. Gupta v. Union of India, and other relevant case laws.
Unit III
Indian Judiciary – Nature of Indian Judicial System with its distinctive features – Supreme Court of India – Judges Appointments, Qualification and Removal – Chief Justice of India – Qualification, Appointment and Removal – The Original, Appellate, and Advisory Jurisdiction of Supreme Court – Binding Nature of Law Declared by the Supreme Court – Independence of Judiciary and Judicial Accountability – The State Judiciary – High Court – Appointments, Qualifications, Conditions of Service and Removal of Judges – Ordinary Jurisdiction – Writ Jurisdiction – Powers including Supervisory Power – Subordinate Courts – Appointment and Control over Subordinate Courts.
Unit IV
Comptroller and Auditor General of India – Appointment, Duties, Powers and Functions – Macro Economic Management under the Constitution of India – Fiscal Responsibility, Taxation Planning and Management – Financial Accountability – State’s Role in Business – Trade, Contractual Obligation and Responsibilities, Revenue Distribution – Official Language – Service under the Union and States – Recruitment, Conditions of Service, Tenure, Dismissal – All India Service – Doctrine of Pleasure – Public Service Commission – Appointment, Powers, Functions, Duties, Removal of Chairman and Members.
Unit V
Emergency Provisions – Kinds – Failure of Constitutional Mechanisms – Amendment of the Constitution – Principles – Comparison between U.S.A., France, and India – Miscellaneous Provisions – Temporary and Transitional Provisions – Schedules.
Suggested Readings
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Shukla, V.N., Constitution of India
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J.N. Pandey, Constitution of India
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Austin Granville, The Indian Constitution: Cornerstone of a Nation
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Durga Das Basu, Constitutional Law of India
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M.P. Jain, Indian Constitutional Law
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H.M. Seervai, Constitutional Law of India
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Subhash Kashyap, Indian Constitution