Objective of the Course:

The Course is designed with an objective to acquaint the students with the
Federal principles of Indian Constitution and the powers, functions & structures of various
Constitutional bodies. The course is to be studied in the social, economic and political context in which
the constitution operates
Module 01 Introduction to Federalism:
Essential characteristics of Indian Federalism
Indian Federalism distinguishes from American Federalism
Federalism and Basic Structure Doctrine
Module 02 Distribution of Legislative and Executive Powers:
The Scheme of Distribution of Legislative powers
Territorial extent of Union and State Legislature
Limitations to the territorial jurisdiction of the Parliament
Distribution of Legislative subjects
Residuary powers
Expansion of Legislative powers of the Union under different circumstances
Interpretation of Legislative lists
Distribution of Executive powers:
Union – State Co-ordination
Inter-Governmental Delegation of Powers
Delegation by the Union
Entrustment of State’s Power to the Union
Union’s direction to the State
All India Services
Inter-State Council
Important commissions and committees on Union-State relations:
objectives and recommendations:-
Administrative Reforms Commission (1966)
Rajmannar Committee (1969)
Sarkaria Commission (1983)
Punchhi Commission (2007)
Module 03 Distribution of Financial Powers:
Part A Pre-G.S.T. Position
Allocation of Taxing Powers
Restriction of State’s Power to levy Taxes
Distribution of Revenue between the Union & the States:-
Assignment of Union Revenue to the State
Compulsory Tax Sharing
Permissive Sharing of Taxes
Grant-in Aid
165 SPP University • Law Faculty Revised Curriculum • B.A. LL.B., B.B.A. LL.B. and LL.B.
Part B Post- G.S.T. Position
Historical background of the Goods and Services Tax Act, 2016
The Goods and Services Tax Act, 2016:
Overview of important provisions:
The Goods and Services Tax Council
Composition of council
Powers and functions of council
Implications of G.S.T. on Financial autonomy of states
Module 04 Structure, Powers and Functions of Union Legislature (Parliament):
Bicameral Legislature
Constitution of Houses of Parliament
Qualification and Disqualification for Membership of Parliament
Officers of Parliament
Secretariats of Parliament
Meeting of Parliament
Termination of Parliament
Functions of Parliament:-
Control of Public Finance
Deliberation and Discussion
Parliamentary Committees
Anti-Defection Law
Parliamentary Privileges
Module 05 Structure Powers and functions Union Executive:
The President of India:-
Election of the President
Powers of the President
Position of the President
The Vice-President of India:-
Qualifications for the Office of Vice- President
Election of the Vice-President
Term of Office of Vice-President, Resignation
Removal of Vice-President
Oath of Office and Conditions of Office
Council of Ministers:-
Appointment of Prime Minister
Appointment of Ministers
Non-Justiciability of Cabinet Advice
Module 7 Structure Powers Functions of State Executive:
Appointment of Governor
Term of Office
Removal of Governor
Powers of Governor
The Council of Ministers:-
Appointment of Chief Minster and Other Ministers.
166 SPP University • Law Faculty Revised Curriculum • B.A. LL.B., B.B.A. LL.B. and LL.B.
Interaction between the Executives and the Legislature.
Conduct of Governments Business.
Module 8 The High Courts:
Composition of High Court
Jurisdiction and Powers of High Court:-
Court of Record
Writ Jurisdiction
Supervisory Jurisdiction
Independence of High Courts
Module 9 Freedom of Trade, Commerce and Intercourse:
Object and Scope of Article 301.
Restriction on Freedom of Trade under the Parliamentary Law.
Restriction on Freedom of Trade and Commerce under a State Law.
Saving of Existing Law.
Saving of Laws Providing for State Monopoly.
Authority for carrying out the Purposes of Articles 301-304.
Module 10 Emergency Provisions:
National Emergency.
Failure of Constitutional Machinery in a State.
Financial Emergency.
Module 11 Constitutional Position of Jammu and Kashmir:
Article 370 of the Constitution.
The Constitutional (Application to Jammu & Kashmir) Order 1954.
Status of Article 370.
Recommended Readings:
1) M. P. Jain, Indian Constitutional Law, Lexis Nexis (2015).
2) D.D. Basu, Constitutional Law of India, Lexis Nexis (2013).
3) Narendra Kumar, Constitutional Law of India, Allahabad Law Agency (2015).
4) H. M. Seervi, Constitutional Law of India, N.M. Tripathi.
5) Arvind Datar, Commentary on Constitution of India (3 Vols), Lexis Nexis (2010).
6) Sathya Narayan (Ed), Selected Work of S.P. Sathe (3 Vols), Oxford University Press (2015).
7) M.P.Singh, V.N. Shukla’s Constitution of India, Eastern Book Company, (2013).
8) Sujit Chaudhry, MadhavKhosala&PratapBhanu Mehta, The Oxford Handbook of the Indian
Constitution, Oxford University Press.
9) Granville Austin, Working of a Democratic Constitution- The Indian Experience, Oxford
University Press.
10) Granville Austin, The Indian Constitution – Cornerstone of a Nation, Oxford University Press.

Leave a Reply

Your email address will not be published. Required fields are marked *