Constitutional Law II Notes | B.A. LL.B. (Five Year Course) Semester 8 | Mumbai University | munotes

Contents

Module I

1. What a Federal Constitution Is 1
2. A Union of States, and Why Not a Federation 6
3. The Federal Features of This Constitution 9
4. The Unitary Features, and Quasi-Federal 13
5. Indian Federalism Compared With the United States 17
6. Forms of Government 21
7. Cooperative Federalism 25
8. Competitive Federalism 29
9. The Inter-State Council and the Zonal Councils 33
10. The GST Council 37
11. Admission and Establishment of New States 41
12. Forming a New State, and Altering a Boundary 44
13. Consequential Amendments, and Why They Are Not Amendments 49
14. How India Was Actually Reorganised 53
15. The Union Territories 57
16. Delhi, and Article 239AA 62
17. High Courts for Union Territories 68
18. Why the Constitution Has a Part on Panchayats 72
19. The Gram Sabha, and the Three Tiers 76
20. Composition, and Reservation of Seats 80
21. Duration, and Disqualification 85
22. What a Panchayat Is Given To Do 90
23. Panchayat Finance 94
24. Panchayat Elections 99
25. Where Part IX Does Not Reach 103
26. The Municipalities 109
27. Composition, Wards Committees and Reservation 114
28. Duration, Disqualification, and What a Municipality Does 120
29. Municipal Finance 125
30. Municipal Elections, and the Planning Committees 129
31. Existing Laws, and the Bar on Courts 135
32. What the 73rd and 74th Amendments Achieved 140
33. Scheduled Areas, and the Fifth Schedule 146
34. The Sixth Schedule, and the Autonomous District Councils 152
35. An Autonomous State Inside a State 157
36. Temporary, Transitional and Special 161
37. Article 370, and What It Actually Said 166
38. The Abrogation of Article 370 170
39. Maharashtra, Gujarat and Nagaland 175
40. Assam, Manipur and Andhra Pradesh 180
41. Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka 186
42. The Transitional Provisions That Survive 192
43. The Power That Expired 197
44. The Seventh Schedule, and the Order of Precedence 201
45. The Extent of a Law, and Extra-Territorial Operation 206
46. The Tax Entries After the Goods and Services Tax 210
47. Pith and Substance 215
48. Colourable Legislation 219
49. Territorial Nexus 223
50. Repugnancy, and Article 254 227
51. Residuary Power 233
52. When Parliament May Legislate on the State List 238
53. Two States Asking Parliament to Legislate 244
54. Legislating to Implement a Treaty 248
55. Previous Sanction, and Recommendation 253
56. The Duty of a State, and the Union's Directions 257
57. Entrusting Functions Both Ways 262
58. Jurisdiction Outside India, and Full Faith and Credit 267
59. Inter-State Water Disputes 271
60. The Scheme of Part XII 276
61. Who Levies, Who Collects, Who Keeps 281
62. How Tax Is Shared 286
63. Grants From the Union 292
64. Professions Tax, and the Savings 298
65. The Finance Commission 303
66. Discretionary Grants, and Custody of Public Money 309
67. The Immunities Between Governments 315
68. Borrowing 321
69. Property, Contracts and Liabilities 326
70. Suing the State 332
71. The Right to Property After 1978 338
72. Reservation of Seats in the Legislatures 342
73. The Women's Reservation, and the 106th Amendment 347
74. When Reservation of Seats Ends 353
75. Claims to Services, and the Anglo-Indian Community 358
76. The National Commissions for Scheduled Castes, Tribes and Backward Classes 363
77. Who Is a Scheduled Caste, a Scheduled Tribe, a Backward Class 368

Module II

1. Unicameral and Bicameral Legislatures 375
2. The Two Houses of Parliament 379
3. The Council of States 384
4. The House of the People 389
5. Readjustment After a Census 394
6. The Duration of the Houses 399
7. Who May Be a Member of Parliament 404
8. Sessions, Prorogation and Dissolution 409
9. The President's Address, and Messages 414
10. Ministers and the Attorney-General in the House 419
11. The Chairman and Deputy Chairman 424
12. The Speaker and the Deputy Speaker 430
13. Salaries, and the Secretariat 436
14. Oath, Voting and Quorum 441
15. Vacation of Seats 447
16. Disqualifications of a Member of Parliament 452
17. Who Decides a Disqualification 458
18. Sitting and Voting Before Taking the Oath 463
19. The Privileges of Parliament and Its Members 467
20. Bribery, Privilege, and the 2024 Decision 474
21. Salaries and Allowances of Members 479
22. The Anti-Defection Law 483
23. The Tenth Schedule in Practice 489
24. How an Ordinary Bill Is Passed 496
25. A Money Bill 501
26. Assent, and What the President May Do With a Bill 506
27. The Budget, and the Charged Expenditure 509
28. Supplementary Grants, and a Vote on Account 514
29. The Four Kinds of Bill Compared 519
30. Rules of Procedure, and Why Courts Stay Out 522
31. The President of India 528
32. The Election of the President 533
33. Qualifications, Oath, Term and Re-election 537
34. The Impeachment of the President 542
35. A Vacancy, and the Vice-President 546
36. What Powers the President Actually Has 553
37. The Council of Ministers, and the Aid and Advice 561
38. The Ordinance Power 566
39. The Attorney-General for India 572
40. The Conduct of Government Business 577
41. The Governor 581
42. The Governor's Immunity 588
43. Pardon, and the Executive Power of a State 593
44. The Governor's Discretion 598
45. The State Council of Ministers 605
46. The Advocate-General for the State 609
47. The Conduct of a State Government's Business 613
48. A Hung Assembly, and Who Is Invited to Form a Government 617
49. The State Legislatures 623
50. The Legislative Assembly 627
51. The Legislative Council 631
52. Sessions, Address and Dissolution in a State 635
53. Qualification for Membership of a State House 639
54. The Speaker, the Chairman, and Their Deputies 642
55. Ministers and the Advocate-General in a State House 646
56. Salaries, and the Secretariat of a State Legislature 649
57. Oath, Voting and Quorum in a State House 652
58. Vacation of Seats, and Disqualification 656
59. The Privileges of a State Legislature 661
60. How a Bill Becomes Law in a State 666
61. Assent, Withholding, and Reservation for the President 671
62. Financial Procedure in a State 679
63. Procedure, and the Courts, in a State Legislature 684
64. The Governor's Ordinance Power 689

Module III

1. The Judiciary: What This Module Asks 695
2. The Supreme Court of India 699
3. How Judges Are Actually Appointed 704
4. The National Judicial Appointments Commission 712
5. Why the NJAC Was Struck Down 717
6. Security of Tenure, Salary, and Post-Retirement Practice 722
7. The Removal of a Judge 728
8. A Court of Record, and Contempt 734
9. The Seat of the Court, and Its Original Jurisdiction 738
10. Appellate Jurisdiction 742
11. Special Leave to Appeal 747
12. The Federal Court's Jurisdiction, and Review 751
13. Enlargement of Jurisdiction, and Transfer of Cases 755
14. Binding Precedent, and the Enforcement of Orders 760
15. Complete Justice, and Article 142 764
16. The Court's Own Officers, and Expenses 769
17. Judicial Review 774
18. Judicial Activism 780
19. Public Interest Litigation 785
20. Judicial Overreach, and the Criticism 792
21. Independence of the Judiciary 797
22. Judicial Accountability 802
23. The High Courts 807
24. The Appointment, Tenure and Transfer of a High Court Judge 812
25. The Writ Jurisdiction of a High Court 819
26. Transfer of Cases, Officers, and the Union Territory Courts 824

Module IV

1. The Three Emergencies 829
2. A National Emergency 833
3. What a National Emergency Does 837
4. Emergency, and Fundamental Rights 842
5. The Union's Duty to Protect a State 848
6. President's Rule 852
7. The Judicial Review of a Proclamation 857
8. A Financial Emergency 862
9. The Amending Power 866
10. The Basic Structure Doctrine 871
11. After Kesavananda 878
12. The Services Under the Union and a State 883
13. The Protection of Article 311 888
14. The All-India Services 893
15. The Public Service Commissions 898
16. What a Service Commission Does, and How It Is Protected 904
17. The Election Commission of India 910
18. The Independence of the Election Commission 917
19. One Electoral Roll, One Vote 924
20. Parliament's Power Over Elections 928
21. Election Disputes, and the Bar on Courts 932
22. The Model Code of Conduct 937
23. The Comptroller and Auditor-General of India 941
24. The Freedom of Trade, Commerce and Intercourse 946
25. The Restrictions on the Freedom 950
26. What Article 301 Actually Forbids 956
27. The Co-operative Societies 964
28. Running a Co-operative Society Under Part IXB 969
29. Part IXB, the States, and the 2021 Decision 975
30. The Constitutional Bodies Compared 981