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Sathyabama Institute of Science and Technology BBA.LL.B - B.B.A.LL.B. (Honours) SAL1401 Constitutional Law Syllabus Sathyabama Institute of Science and Technology School of Law SAL1401 CONSTITUTIONAL LAW – II L T P Credit Total Marks 4 1 0 4 100 UNIT 1 – INDIAN FEDERALISM AND CENTRE – STATE RELATIONS 15Hrs. Federalism – Definition and characteristics of Federalism – Co-operative Federalism Distribution of Legislative Powers – Doctrine of Territorial Nexus – Subject matter of laws made by Parliament and Legislatures of States – Doctrine of Harmonious Construction – Doctrine of Pith and Substance – Doctrine of Occupied Field – Colourable Legislation – Parliament’s Power to Legislate in State List – Doctrine of Repugnancy – Administrative relations-Financial Relations: Freedom of Trade and Commerce. UNIT 2 – UNION AND STATE EXECUTIVE 18Hrs. Union Executive – The President – Election, Term of Office, Powers and functions, Impeachment – Immunities – Pardoning power -Ordinance making power – Council of Ministers. The State Executive – Governor – Appointment, Powers and functions – Immunities – Pardoning power – Removal of Governor, Doctrine of Pleasure -State Council of Ministers. UNIT 3 – LEGISLATURE AND JUDICIARY 18Hrs. Parliament and State legislatures – Office of the Speaker – Qualification/Disqualification of Members – Legislative Procedures – Privileges – Judicial interpretations – Anti Defection law, X Schedule JUDICIARY: Supreme Court of India: Composition – Appointment and Removal of Judges of Supreme Court – Writ Jurisdiction of Supreme Court under Art 32 – Appellate Jurisdiction – Special Leave to Appeal – Power of Review – Advisory Jurisdiction – Public Interest Litigation – Compensatory Jurisprudence – Independence of Judiciary – Tribunals – State Judiciary -High Courts in the States – Composition, Appointment and Removal of Judges -Writ Jurisdiction of High Courts under Art. 226. UNIT 4 – AMENDMENT AND EMERGENCY PROVISIONS 17Hrs. AMENDMENTS: Procedure – Kinds – Amendment of Fundamental Rights – Limitations. EMERGENCY PROVISIONS: National Emergency – Duty of the Union to protect the States against external aggression and internal disturbance – Power of Union Executive to issue directions and the effect of non-compliance. State Emergency – Imposition of President’s Rule in States – Grounds, Limitations, Parliamentary Control, Judicial Review (Articles 356-357) – Financial Emergency (Article 360) Emergency and suspension of fundamental rights UNIT 5 – -OTHER CONSTITUTIONAL FUNCTIONARIES 17Hrs. Election Commission of India: Organisation, powers and functions, Union Public Service Commission, State Public Service Commission, Comptroller and Auditor General, Attorney General & Advocate General– Constitutional safeguards for Civil Servants Art 311 – Protection against arbitrary dismissal, removal, or reduction in rank – Exceptions to Art 311 – Role of Finance Commission – Interstate Council – National Development Council – Local Self Government (Panchayat Raj) Max. 85 Hours COURSE OUTCOMES: On completion of the course the student will be able to CO1: Helps the students to understand the system of Government and the numerous changes in parliament and state legislature. CO2: Gives them a clear picture of functioning of State Legislature, Election Commission and Other autonomous bodies. CO3: Emergency provisions which opens the wider discussion to student community in debating aspects. CO4: A detailed view of teaching of Amendments to the students will help them understanding the changes in the society. CO5: The concept of Judiciary will open various avenues of practicality to students. CO6: This Course will equip the students with the required Professional Skills. |
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