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 71
19. The Gram Sabha, and the Three Tiers 75
20. Composition, and Reservation of Seats 79
21. Duration, and Disqualification 84
22. What a Panchayat Is Given To Do 89
23. Panchayat Finance 93
24. Panchayat Elections 98
25. Where Part IX Does Not Reach 102
26. The Municipalities 108
27. Composition, Wards Committees and Reservation 113
28. Duration, Disqualification, and What a Municipality Does 119
29. Municipal Finance 124
30. Municipal Elections, and the Planning Committees 128
31. Existing Laws, and the Bar on Courts 134
32. What the 73rd and 74th Amendments Achieved 139
33. Scheduled Areas, and the Fifth Schedule 145
34. The Sixth Schedule, and the Autonomous District Councils 151
35. An Autonomous State Inside a State 156
36. Temporary, Transitional and Special 160
37. Article 370, and What It Actually Said 165
38. The Abrogation of Article 370 169
39. Maharashtra, Gujarat and Nagaland 174
40. Assam, Manipur and Andhra Pradesh 179
41. Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka 185
42. The Transitional Provisions That Survive 191
43. The Power That Expired 196
44. The Seventh Schedule, and the Order of Precedence 200
45. The Extent of a Law, and Extra-Territorial Operation 205
46. The Tax Entries After the Goods and Services Tax 209
47. Pith and Substance 214
48. Colourable Legislation 218
49. Territorial Nexus 222
50. Repugnancy, and Article 254 226
51. Residuary Power 232
52. When Parliament May Legislate on the State List 237
53. Two States Asking Parliament to Legislate 243
54. Legislating to Implement a Treaty 247
55. Previous Sanction, and Recommendation 252
56. The Duty of a State, and the Union's Directions 256
57. Entrusting Functions Both Ways 261
58. Jurisdiction Outside India, and Full Faith and Credit 266
59. Inter-State Water Disputes 270
60. The Scheme of Part XII 274
61. Who Levies, Who Collects, Who Keeps 279
62. How Tax Is Shared 284
63. Grants From the Union 289
64. Professions Tax, and the Savings 295
65. The Finance Commission 300
66. Discretionary Grants, and Custody of Public Money 306
67. The Immunities Between Governments 312
68. Borrowing 318
69. Property, Contracts and Liabilities 323
70. Suing the State 329
71. The Right to Property After 1978 335
72. Reservation of Seats in the Legislatures 339
73. The Women's Reservation, and the 106th Amendment 344
74. When Reservation of Seats Ends 349
75. Claims to Services, and the Anglo-Indian Community 353
76. The National Commissions for Scheduled Castes, Tribes and Backward Classes 358
77. Who Is a Scheduled Caste, a Scheduled Tribe, a Backward Class 363

Module II

1. Unicameral and Bicameral Legislatures 370
2. The Two Houses of Parliament 374
3. The Council of States 379
4. The House of the People 384
5. Readjustment After a Census 388
6. The Duration of the Houses 392
7. Who May Be a Member of Parliament 397
8. Sessions, Prorogation and Dissolution 402
9. The President's Address, and Messages 407
10. Ministers and the Attorney-General in the House 412
11. The Chairman and Deputy Chairman 417
12. The Speaker and the Deputy Speaker 423
13. Salaries, and the Secretariat 429
14. Oath, Voting and Quorum 434
15. Vacation of Seats 440
16. Disqualifications of a Member of Parliament 445
17. Who Decides a Disqualification 451
18. Sitting and Voting Before Taking the Oath 456
19. The Privileges of Parliament and Its Members 460
20. Bribery, Privilege, and the 2024 Decision 467
21. Salaries and Allowances of Members 472
22. The Anti-Defection Law 476
23. The Tenth Schedule in Practice 482
24. How an Ordinary Bill Is Passed 489
25. A Money Bill 494
26. Assent, and What the President May Do With a Bill 499
27. The Budget, and the Charged Expenditure 502
28. Supplementary Grants, and a Vote on Account 507
29. The Four Kinds of Bill Compared 512
30. Rules of Procedure, and Why Courts Stay Out 515
31. The President of India 521
32. The Election of the President 525
33. Qualifications, Oath, Term and Re-election 529
34. The Impeachment of the President 534
35. A Vacancy, and the Vice-President 538
36. What Powers the President Actually Has 545
37. The Council of Ministers, and the Aid and Advice 553
38. The Ordinance Power 558
39. The Attorney-General for India 564
40. The Conduct of Government Business 569
41. The Governor 573
42. The Governor's Immunity 580
43. Pardon, and the Executive Power of a State 585
44. The Governor's Discretion 590
45. The State Council of Ministers 597
46. The Advocate-General for the State 601
47. The Conduct of a State Government's Business 605
48. A Hung Assembly, and Who Is Invited to Form a Government 609
49. The State Legislatures 615
50. The Legislative Assembly 619
51. The Legislative Council 623
52. Sessions, Address and Dissolution in a State 627
53. Qualification for Membership of a State House 631
54. The Speaker, the Chairman, and Their Deputies 634
55. Ministers and the Advocate-General in a State House 638
56. Salaries, and the Secretariat of a State Legislature 641
57. Oath, Voting and Quorum in a State House 644
58. Vacation of Seats, and Disqualification 648
59. The Privileges of a State Legislature 653
60. How a Bill Becomes Law in a State 658
61. Assent, Withholding, and Reservation for the President 663
62. Financial Procedure in a State 671
63. Procedure, and the Courts, in a State Legislature 676
64. The Governor's Ordinance Power 681

Module III

1. The Judiciary: What This Module Asks 687
2. The Supreme Court of India 691
3. How Judges Are Actually Appointed 696
4. The National Judicial Appointments Commission 704
5. Why the NJAC Was Struck Down 709
6. Security of Tenure, Salary, and Post-Retirement Practice 714
7. The Removal of a Judge 720
8. A Court of Record, and Contempt 726
9. The Seat of the Court, and Its Original Jurisdiction 730
10. Appellate Jurisdiction 734
11. Special Leave to Appeal 739
12. The Federal Court's Jurisdiction, and Review 743
13. Enlargement of Jurisdiction, and Transfer of Cases 747
14. Binding Precedent, and the Enforcement of Orders 752
15. Complete Justice, and Article 142 756
16. The Court's Own Officers, and Expenses 761
17. Judicial Review 766
18. Judicial Activism 772
19. Public Interest Litigation 777
20. Judicial Overreach, and the Criticism 784
21. Independence of the Judiciary 789
22. Judicial Accountability 794
23. The High Courts 799
24. The Appointment, Tenure and Transfer of a High Court Judge 803
25. The Writ Jurisdiction of a High Court 810
26. Transfer of Cases, Officers, and the Union Territory Courts 815

Module IV

1. The Three Emergencies 820
2. A National Emergency 824
3. What a National Emergency Does 828
4. Emergency, and Fundamental Rights 833
5. The Union's Duty to Protect a State 839
6. President's Rule 843
7. The Judicial Review of a Proclamation 848
8. A Financial Emergency 853
9. The Amending Power 857
10. The Basic Structure Doctrine 862
11. After Kesavananda 869
12. The Services Under the Union and a State 874
13. The Protection of Article 311 879
14. The All-India Services 884
15. The Public Service Commissions 889
16. What a Service Commission Does, and How It Is Protected 895
17. The Election Commission of India 901
18. The Independence of the Election Commission 908
19. One Electoral Roll, One Vote 915
20. Parliament's Power Over Elections 919
21. Election Disputes, and the Bar on Courts 922
22. The Model Code of Conduct 927
23. The Comptroller and Auditor-General of India 931
24. The Freedom of Trade, Commerce and Intercourse 936
25. The Restrictions on the Freedom 940
26. What Article 301 Actually Forbids 946
27. The Co-operative Societies 954
28. Running a Co-operative Society Under Part IXB 959
29. Part IXB, the States, and the 2021 Decision 965
30. The Constitutional Bodies Compared 971