Contents
Chapters
- Constitution and Constitutionalism
Introduction
Constitutionalism
Making of the Indian Constitution
Objective Resolution/Basic aims & objects of the new State of India
Salient/Essential Features of Constitution
Sources of the Constitution
Schedules of the Constitution
Doctrine of Basic Structure
Leading Case Law
Criticism and Conclusion of the Basic Structure Doctrine
Basic Features Declared so far by Apex Court
Preamble
Importance of the Preamble
Preamble, whether a part of the Constitution or not?
Can Preamble be amended under Article 368?
- Nature of Indian Constitution and Concept of Federalism
Essential Features of Federalism
Distribution of Powers
Indian Constitution whether Federal or Quasi-Federal
Federal Features of the Indian Constitution
Unitary Features or Non-Federal Features of Indian Constitution
Legislative Relations
Administrative Relations
Financial Relations
Other Unitary Features of Constitution
Critical Analysis of the Indian Federal System
Judicial View on Indian Federalism
Hormasji Manekji Seervai’s view on Federalism in India
Commissions on Centre-State Relations
Punchhi Commission on Centre-State Relations
Leading Case Law
Further Questions and Hints
- The Union and its Territories
Name and Territory of the Union (Article 1)
Territory of India
When is a territory ‘acquired’ for the purposes of Article 1(3)(c)
India-Bangaladesh Land Boundary Agreement (LBA)
Admission or establishment of new States (Article 2)
Sikkim Merger with India
Leading Case Law
Formation of new States and alteration … existing States (Article 3)
Cession of a Territory
Leading Case law on Cession of Territory
- Union and State Executive
What the expression Executive Powers of Union mean?
President of India
Qualification for Election as President (Article 58)
Conditions of President’s Office (Article 59)
Electing the President
Election of President [Article 54]
Manner of Election of President [Article 55]
Formula to Determine value of Votes of MLA’s
Formula to Determine value of Votes of MPs
Votes Required to become the President
Election Dispute (Article 71)
Term of Office of President (Article 56)
Procedure for Impeachment of the President (Article 61)
Powers of President
Executive Power
Legislative Powers
Financial Powers
Emergency Powers
Judicial Power (Article 72)
Judicial Review of Pardoning Power
Leading Case Law
Procedure to Grant Clemency
Constitutional position of the President
Leading Case Law
President’s Discretionary Powers
Role of President in the appointment of Prime Minister
President vis-a-vis Prime Minister and Council of Ministers
Vice-President
Qualification for the office of Vice-President [Art. 66(3) & 4]
Election of the Vice-President [Article 66]
Term of Office of the Vice-President, Resignation [Article 67]
Removal of Vice-President [Article 67(b)]
Functions/Powers of Vice-President (Article 65)
Prime Minister
Whether a non-member … Minister/Prime Minister? (Article 75(5)]
Leading Case Law
Whether a non-member be re-appointed without being elected?
Whether a disqualified member … Chief Minister or Prime Minister
Deputy Prime Ministers
Union Council of Ministers (Article 75)
What is the Legal Sanction behind the … on the President?
Composition of Council of Ministers [Article 75(1A)]
Individual Responsibility [Article 75(2)]
Collective Responsibility [Article 75(3)]
Salaries [Articles 75(6)]
Conduct of Government Business [Article 77]
Duties of Prime Minister … to the President, etc. (Article 78)
The Governor
Appointment of the Governor (Article 155)
Term of Governor (Article 156)
Whether the Governor’s post … Pleasure of President?
Qualifications for appointment as Governor (Article 157)
Conditions of Governor’s Office (Article 158)
Powers of the Governor
Leading Case Law
Discretionary Power of the Governor
Appointment of Chief Minister [Article 164(1)]
Exceptional circumstances under … the Council of Ministers
Seeking Information (Article 167)
Recommending President Rule (Article 356)
Leading Case Law
Discretion where Ministerial Advice is not binding
Leading Case Law
Recommendations of the Administrative Reforms Commission
Recommendations of the … Appointment of Governor
Should the Institution of Governor be Abolished
- Legislative Power of the Executive (Ordinances)
Ordinance-making Power of President
Re-Promulgation of Ordinance
The Wadhwa Exception
Ordinance and Article 13
Leading Case Law
Ordinance making Power of Governor (Article 213)
Control over the Ordinance making power of the Governor
Leading Case Law
A Comparative Study of Ordinance Marking Power of
President and Governor
- Parliament and State Legislatures
Composition of the Rajya Sabha (Article 80)
Composition of the Lok Sabha (Article 81)
Qualifications for Membership of Parliament (Article 84)
Disqualification for Membership (Article 102)
Leading Case Law
Legislative Procedure
Ordinary Bill (Article 107)
Money Bill (Article 110)
Special Procedure in respect of Money Bills (Article 109)
Financial Bill
A Bill Involving Expenditure … Fund in India [Article 117(3)]
Deadlock in the Houses of Parliament on a Bill (Article 108)
Procedure to Resolve the Deadlock … on a Bill (Article 108)
Assent to Bills (Article 111)
Procedure in Financial Matters
Annual Financial Statement (Article 112)
Expenditure Charged … Fund of India [Article 112(3)]
Legislative Assembly
Composition of the Legislative Assemblies (Article 170)
Composition of the Legislative Councils (Article 171)
Sessions of the State Legislature … Dissolution (Article 174)
Leading Case Laws
Qualification for Membership of the State Legislature (Art. 173)
Disqualification for Membership … State Legislature (Article 191)
Decision on Question … of Members (Article 192)
Leading Case Laws on Disqualification
Legislative Procedure
Ordinary Bill (Article 196)
Money Bill (Articles 199 & 198)
Special Procedure for Passing a Money Bill (Article 198)
Financial Bill [Article 207(1)]
Bill Involving Expenditure From Consolidated Fund of the State
Assent to Bills (Articles 200 and 201)
Bill reserved for Consideration of the President (Article 201)
Restrictions on Powers … Deadlock in the Houses (Article 197)
Procedure in Financial Matters
Privileges of the Legislature (Articles 105 and 194)
Leading Case Law
- The Union and State Judiciary
(Articles 124 to 147 & 214-237)
Constitution of the Supreme Court [Article 124(1)]
Appointment of Judges [Article 124(2)]
Procedure followed in the Appointment of Judges
The Collegium System
Has Collegium System of Judges’ Appointment Outlived its Utility?
The Constitution (Ninety-Ninth Amendment) Act, 2014
National Judicial Appointment Commission [Article 124A]
Composition of National Judicial Appointment Commission (NJAC)
Functions of National … Commission (NJAC) (Art. 124B)
Power of Parliament to Make Law [Article 124C]
National Judicial Appointments Commission Act, 2014
Procedure for Appointment of Judges of the SC and HC [Sec. 5 & 6]
Shortcomings of National Judicial Appointments Commission Act
Landmark Judgment on National Judicial Appointment Commission
Memorandum of Procedure (MoP) for appointment of the Chief
Justice of Indian and Judges of Supreme Court of India
Oath or Affirmation [Article 124(6)]
Restriction on Practice [Article 124(7)]
Ad-hoc Appointments
Appointment of Acting Justice (Article 126)
Appointment of Ad-hoc Judges (Article 127)
Retired Judge (Article 128)
Removal of Judges [Article 124(4)]
Procedure Relating to Removal of Judge … Inquiry Act, 1968
Jurisdiction of the Supreme Court
Court of Record [Article 129]
Writ Jurisdiction (Article 32)
Original Jurisdiction (Article 131)
Exclusion of Original Jurisdiction of the Supreme Court
Appellate Jurisdiction
Appellate jurisdiction in Constitutional Matters (Article 132)
Appellate Jurisdiction in Civil Matters (Article 133)
Appellate Jurisdiction in Criminal Matters (Article 134)
Appeal without a Certificate [Article 134(1)(a)&(b)]
Enlargement of Criminal Appellate Jurisdiction [Article 134(2)]
Appeal with a Certificate [Article 134(1)(c)]
Certificate for Appeal to the Supreme Court (Article 134-A)
Federal Court’s Jurisdiction (Article 135)
Review Jurisdiction (Article 137)
Scope of Article 137
Advisory Jurisdiction (Article 143)
Supreme Court Judgment on 2 G
Reference Under Article 143(2)
Curative Petitions
State Judiciary
Appointment [Article 217(1)]
Qualifications for Appointment as a Judge [Article 217(2)]
Terms of Office [Article 217(1)]
Removal of a Judge of High Court [Article 217(1)]
Acting Chief Justice of a High Court (Article 223)
Additional Judge [Article 224(1)]
Acting Judges [Article 224(2)]
Ad-hoc Judges (Article 224-A)
Transfer of a Judge from one High Court to another (Article 222)
Jurisdiction and Powers of the High Court
Court of Record [Article 215]
Writ Jurisdiction [Article 226]
Supervisory Jurisdiction
Power of Superintendence of High Court [Article 227]
Transfer of Certain Cases of High Court (Article 228)
Control over Subordinate Courts [Article 235]
Writ Jurisdiction (Article 32/226)
Writ of Habeas Corpus
Writ of Mandamus
Writ of Prohibition
Writ of Certiorari
Writ of Quo Warranto
Directions or Orders
Leading Case Laws on Appropriate Orders and Directions
Inter-relationship of Articles 32 and 226
Judicial Restraint on Remedies under Article 32/226
Res Judicata
Power to Award Compensation
Further Questions and Hints
- Distribution of Powers between Centre and States (Articles 245-254)
Legislative Relations
Territorial Legislative Jurisdiction
Doctrine of Territorial Nexus (Article 245)
Leading Case Law
Extra Territorial Jurisdiction
Subject-matter of Laws … Legislatures of States (Article 246)
Analysis of Section 246
Interpretation of Legislative List
Leading Case Law
Doctrine of Harmonious Construction
Leading Case Law
Distinction between Doctrines of Harmonious … and Substance
Doctrine of Colourable Legislation
Residuary Power of Legislation (Article 248)
Leading Case Law
Parliament’s Power to Legislate in List II
[Articles 246(4), 247, 249-253, 353, 356]
Doctrine of Repugnancy (Article 254)
Leading Case Law
Exception to the General Rule of Repugnancy [Article 254(2)]
Prof. P.K. Tripathi on Article 254
Administrative Relations
Financial Relations
- Freedom of Trade, Commerce and Intercourse (Articles 301-307)
Freedom of Trade, Commerce and Intercourse [Article 301]
Meaning of Freedom of Trade, Commerce and Intercourse
Object behind Article 301
Doctrine of “Res Extra Commercium”
Scope of Article 301—Freedom of Trade, Commerce & Intercourse
Direct and Immediate Restrictions
Leading Case Law
Regulatory Measures or Compensatory Taxes
Regulation-Restriction Distinguished
Registrations on Freedom … Parliamentary law (Article 302)
Limitation upon Power of Parliament under Article 302-303
Parliamentary Legislation … Scarcity of Goods [Article 303(2)]
Restriction on Freedom of Trade and … State Law (Article 304)
State’s Power to Impose Tax … Goods [Article 301(1) & 304 (a)]
State’s Power to Impose Restrictions … Commerce [Art. 304 (b)]
Leading Case Law
Saving of Existing Laws (Article 305)
Further Questions and Hints
- Emergency Provisions
National Emergency (Article 352)
Grounds for Proclamation of Emergency
Duration of Proclamation of Emergency [Article 352(4)]
Duration of proclamation of Emergency [Article 352(5)]
Revocation of Proclamation of Emergency [Art. 352(2) and (7)]
Effect on Fundamental Rights Guaranteed by Article 19 (Art. 358)
Suspension of the Enforcement … During Emergency (Art. 359)
Power of Union Executive to Issue Directions (Art. 256 & 257)
Effect of Failure to comply … by the Union (Article 365)
Duty of the Union … and Internal Disturbance (Article 355)
Failure of Constitutional Machinery in a State
Revocation of Proclamation
When is Article 356 Invoked?
Justifiability of the Proclamation under Article 356
Satisfaction of the President
Leading Case Law
Legislation for the State
Difference between Article 352 and 356
Financial Emergency (Article 360)
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