Constitutional Law II Notes | LL.B. (Three Years) Semester 2 | SPPU | munotes

Contents

Module 1 Nature of Indian Federalism

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 Amending Power 33
10. The Basic Structure Doctrine 38
11. After Kesavananda 45

Module 2 Distribution of Legislative and Executive Powers

1. The Seventh Schedule, and the Order of Precedence 50
2. The Extent of a Law, and Extra-Territorial Operation 55
3. Territorial Nexus 59
4. The Tax Entries After the Goods and Services Tax 63
5. Residuary Power 68
6. When Parliament May Legislate on the State List 73
7. Two States Asking Parliament to Legislate 79
8. Legislating to Implement a Treaty 83
9. Pith and Substance 88
10. Colourable Legislation 92
11. Repugnancy, and Article 254 96
12. Previous Sanction, and Recommendation 102
13. The Duty of a State, and the Union's Directions 106
14. Entrusting Functions Both Ways 111
15. Jurisdiction Outside India, and Full Faith and Credit 116
16. Inter-State Water Disputes 120
17. The GST Council 125
18. The Services Under the Union and a State 129
19. The Protection of Article 311 134
20. The All-India Services 139
21. The Inter-State Council and the Zonal Councils 144

Module 3 Distribution of Financial Powers

1. The Scheme of Part XII 148
2. Professions Tax, and the Savings 153
3. The Immunities Between Governments 158
4. Who Levies, Who Collects, Who Keeps 164
5. How Tax Is Shared 169
6. The Finance Commission 175
7. Grants From the Union 181
8. Discretionary Grants, and Custody of Public Money 187
9. Borrowing 193

Module 4 Structure, Powers and Functions of Union and State Legislature

1. Unicameral and Bicameral Legislatures 198
2. The Two Houses of Parliament 202
3. The Council of States 207
4. The House of the People 212
5. Readjustment After a Census 217
6. The Duration of the Houses 222
7. Sessions, Prorogation and Dissolution 227
8. The President's Address, and Messages 232
9. The Chairman and Deputy Chairman 237
10. The Speaker and the Deputy Speaker 243
11. Salaries, and the Secretariat 249
12. Oath, Voting and Quorum 254
13. Reservation of Seats in the Legislatures 260
14. The Women's Reservation, and the 106th Amendment 265
15. When Reservation of Seats Ends 271
16. Who May Be a Member of Parliament 276
17. Sitting and Voting Before Taking the Oath 281
18. Vacation of Seats 285
19. Disqualifications of a Member of Parliament 290
20. Who Decides a Disqualification 296
21. The Privileges of Parliament and Its Members 301
22. Bribery, Privilege, and the 2024 Decision 308
23. Salaries and Allowances of Members 313
24. The State Legislatures 317
25. The Legislative Assembly 321
26. The Legislative Council 325
27. Sessions, Address and Dissolution in a State 329
28. The Speaker, the Chairman, and Their Deputies 333
29. Oath, Voting and Quorum in a State House 337
30. Salaries, and the Secretariat of a State Legislature 341
31. Qualification for Membership of a State House 344
32. Vacation of Seats, and Disqualification 347
33. The Privileges of a State Legislature 352
34. The Anti-Defection Law 357
35. The Tenth Schedule in Practice 363
36. How an Ordinary Bill Is Passed 370
37. A Money Bill 375
38. Assent, and What the President May Do With a Bill 380
39. The Budget, and the Charged Expenditure 383
40. Supplementary Grants, and a Vote on Account 388
41. The Four Kinds of Bill Compared 393
42. Rules of Procedure, and Why Courts Stay Out 396
43. How a Bill Becomes Law in a State 402
44. Assent, Withholding, and Reservation for the President 407
45. Financial Procedure in a State 415
46. Procedure, and the Courts, in a State Legislature 420

Module 5 Structure, Powers and Functions of Supreme Court, High Court and Tribunals

1. The Supreme Court of India 425
2. Independence of the Judiciary 430
3. Judicial Review 435
4. Judicial Activism 441
5. Public Interest Litigation 446
6. Judicial Overreach, and the Criticism 453
7. How Judges Are Actually Appointed 458
8. Security of Tenure, Salary, and Post-Retirement Practice 466
9. The Removal of a Judge 472
10. A Court of Record, and Contempt 478
11. Appellate Jurisdiction 482
12. Special Leave to Appeal 487
13. The Federal Court's Jurisdiction, and Review 491
14. Enlargement of Jurisdiction, and Transfer of Cases 495
15. Binding Precedent, and the Enforcement of Orders 500
16. Complete Justice, and Article 142 504
17. The Court's Own Officers, and Expenses 509
18. The High Courts 514
19. The Appointment, Tenure and Transfer of a High Court Judge 519
20. The Writ Jurisdiction of a High Court 526
21. Transfer of Cases, Officers, and the Union Territory Courts 531
22. Administrative Tribunals: Articles 323A and 323B 536
23. Tribunals, Article 323A and L. Chandra Kumar 539
24. Judicial Accountability 542
25. The National Judicial Appointments Commission 547
26. Why the NJAC Was Struck Down 552

Module 6 Structure Powers and Functions of Union and State Executive

1. The President of India 557
2. The Election of the President 562
3. Qualifications, Oath, Term and Re-election 566
4. The Impeachment of the President 571
5. A Vacancy, and the Vice-President 575
6. What Powers the President Actually Has 582
7. The Council of Ministers, and the Aid and Advice 590
8. The Ordinance Power 595
9. Ministers and the Attorney-General in the House 601
10. The Governor 606
11. The Governor's Immunity 613
12. Pardon, and the Executive Power of a State 618
13. The Governor's Discretion 623
14. The State Council of Ministers 629
15. A Hung Assembly, and Who Is Invited to Form a Government 633
16. The Governor's Ordinance Power 639
17. Ministers and the Advocate-General in a State House 645
18. The Conduct of Government Business 648
19. The Conduct of a State Government's Business 652

Module 7 Other Constitutional Institutions / Authorities

1. The Constitutional Bodies Compared 656
2. The Public Service Commissions 661
3. What a Service Commission Does, and How It Is Protected 667
4. The Attorney-General for India 673
5. The Advocate-General for the State 678
6. The Election Commission of India 682
7. The Independence of the Election Commission 689
8. One Electoral Roll, One Vote 696
9. Parliament's Power Over Elections 700
10. Election Disputes, and the Bar on Courts 704
11. The Model Code of Conduct 709
12. The Comptroller and Auditor-General of India 713
13. Why the Constitution Has a Part on Panchayats 718
14. The Gram Sabha, and the Three Tiers 722
15. Composition, and Reservation of Seats 726
16. Duration, and Disqualification 731
17. What a Panchayat Is Given To Do 736
18. Panchayat Finance 740
19. Panchayat Elections 745
20. Where Part IX Does Not Reach 749
21. The Municipalities 755
22. Composition, Wards Committees and Reservation 760
23. Duration, Disqualification, and What a Municipality Does 766
24. Municipal Elections, and the Planning Committees 771
25. What the 73rd and 74th Amendments Achieved 777
26. The Co-operative Societies 783
27. Running a Co-operative Society Under Part IXB 788
28. Part IXB, the States, and the 2021 Decision 794
29. The National Commissions for Scheduled Castes, Tribes and Backward Classes 800
30. Who Is a Scheduled Caste, a Scheduled Tribe, a Backward Class 805
31. Claims to Services, and the Anglo-Indian Community 812

Module 8 Emergency Provisions

1. The Three Emergencies 817
2. A National Emergency 821
3. What a National Emergency Does 825
4. Emergency, and Fundamental Rights 830
5. The Union's Duty to Protect a State 836
6. President's Rule 840
7. The Judicial Review of a Proclamation 845
8. A Financial Emergency 850