Constitutional Law is a basic or foundation law, on which other laws exist. Constitutional law is the body of rules, doctrines, and practices that govern the operation of political communities.
The Constitution of a country is a document that has its own legal sanctity. In modern times the most important political community has been the state.
At present constitutional law is the offspring of nationalism as well as of the idea that the state must protect some fundamental rights of the individual. As the number of states has multiplied, so have constitutions and with them the body of constitutional law, though sometimes such law originates from sources outside the state.
Constitutional law is the legal system of the country which grants collective rights and allows people to enjoy their freedom.
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.
UNIT-I
- Federal system: Organization of State.
- Relationship between the Centre and the State: Legislative, Financial and Administrative, Cooperative Federalism and recommendation of Commission.
- Freedom of Trade and Commerce, Official Language, Local self-government with special emphasis on 73’d and 74′h Amendment.
- The 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
- M. P. Jain – Indian Constitutional Law Vol I& II
Reference Books
- H. M. Seetvai – Constitutional Law of India
- V. N. Shuble – Constitution of India
- T. K Tope – Constitutional Law
- S. Shiva Rao – Framing of Indian Constitution
- Subash .C. Kashyap -Parliamentary Procedure
- Subash .C. Kashyap – Constitution of India
- D.J. De -the Constitution of India, Vol 1 and 2
- I.N. Pandey -Constitution Law of India
- D.D. Basu – Constitutional Law of India
LL.B 2nd Semester Constitutional Law — II Syllabus PDF Download