Constitutional Law-II
Overview of Constitutional Law-II
Introduction to Constitutional Law-II
Constitutional Law-II focuses on the detailed study of various provisions, principles, and institutions established by the Constitution of India. It provides an understanding of the functioning of the government, the distribution of powers between different organs, and the protection of fundamental rights.
Key Concepts in Constitutional Law-II
- Union and State Executive:
- President of India: Powers, functions, election, and impeachment.
- Vice-President of India: Powers, functions, and election.
- Governor: Role, powers, functions, and removal.
- Council of Ministers: Structure, functions, and role of the Prime Minister and Chief Ministers.
- Attorney General and Advocate General: Roles and functions.
- Union and State Legislature:
- Parliament: Structure, functions, powers of the Lok Sabha and Rajya Sabha, legislative procedures, and privileges of members.
- State Legislatures: Structure, functions, and powers.
- Legislative Process: Procedure for passing bills, including Money Bills and Ordinary Bills.
- Parliamentary Committees: Types and functions.
- Judiciary:
- Supreme Court: Composition, jurisdiction, powers, and functions.
- High Courts: Composition, jurisdiction, and powers.
- Subordinate Courts: Structure and jurisdiction.
- Judicial Review: Concept, significance, and landmark cases.
- Public Interest Litigation (PIL): Concept and importance.
- Fundamental Rights:
- Articles 12-35: Detailed study of Fundamental Rights, including Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
- Amendments and Restrictions: Conditions under which Fundamental Rights can be restricted or amended.
- Directive Principles of State Policy (DPSPs):
- Articles 36-51: Concept, classification, and importance.
- Relationship with Fundamental Rights: Conflicts and harmonization.
- Implementation and Judicial Interpretation: Landmark cases.
- Fundamental Duties:
- Article 51A: List of Fundamental Duties and their significance.
- Emergency Provisions:
- Articles 352-360: Types of emergencies (National, State, and Financial), their proclamation, effects, and revocation.
- Impact on Fundamental Rights and Federal Structure: Analysis of past emergencies.
- Centre-State Relations:
- Legislative Relations: Distribution of legislative powers between the Centre and States (Union, State, and Concurrent Lists).
- Administrative Relations: Role and functions of the Inter-State Council, and the role of the Governor.
- Financial Relations: Division of financial resources, Finance Commission, and grants-in-aid.
- Constitutional Amendments:
- Procedure for Amendment: Article 368, types of amendments, and landmark amendments.
- Basic Structure Doctrine: Concept and important judgments (e.g., Kesavananda Bharati case).
- Local Self-Government:
- Panchayati Raj Institutions: Structure, functions, and significance.
- Urban Local Bodies: Municipalities, Municipal Corporations, and their roles.
Challenging and Important Topics
- Constitutional Amendments: Analyzing the procedures and challenges associated with constitutional amendments, including the need for constitutional reforms in response to modern challenges.
- Fundamental Rights and Liberties: Examining the constitutional basis and implications of fundamental rights and liberties, such as freedom of speech, freedom of religion, and the right to privacy.
- Separation of Powers: Understanding the doctrine of separation of powers and its evolution and application in different jurisdictions, including the role of judicial review and the impact on national legislation and judicial decisions.
- Federalism: Examining the division of powers between central and regional governments, including the challenges and implications of federalism in modern societies.
- Judicial Review: Analyzing the role of the judiciary in constitutional interpretation, including the power of judicial review and its impact on national legislation and judicial decisions.
- Constitutional Philosophy: Understanding the philosophical foundations of the Constitution, including the principles of popular sovereignty, republicanism, and limited government.
- Emerging Issues and Challenges: Examining the impact of emerging technologies, such as data privacy, surveillance, and artificial intelligence, on constitutional law and the need for constitutional reforms in response to these challenges.
- Global Constitutionalism and International Law: Analyzing the impact of international law on domestic constitutions and the role of international courts in shaping constitutional jurisprudence.
- Constitutional Supremacy vs Parliamentary Sovereignty: Understanding the relationship between constitutional supremacy and parliamentary sovereignty, including the challenges and implications of this relationship in modern societies.
- Judicial Activism: Examining the role of the judiciary in constitutional interpretation and the need for judicial activism in response to emerging issues and challenges.
Conclusion
These topics are challenging because they require a deep understanding of constitutional law and its implications on various aspects of society. Students must analyze complex legal issues, evaluate the impact of constitutional provisions on modern challenges, and develop well-supported arguments to address these challenges.
Related Questions for Constitutional Law-II
Multiple Choice Questions (MCQs)
1. The President of India can be impeached for:
- A) Violating the Constitution
- B) Financial mismanagement
- C) Political reasons
- D) Personal misconduct
2. The Chief Minister of a state is appointed by:
- A) President
- B) Governor
- C) Prime Minister
- D) State Legislature
3. Which article deals with the impeachment of the President?
- A) Article 61
- B) Article 72
- C) Article 74
- D) Article 76
4. The Right to Constitutional Remedies is guaranteed under which article?
- A) Article 19
- B) Article 21
- C) Article 32
- D) Article 44
5. The Directive Principles of State Policy are:
- A) Justiciable
- B) Non-justiciable
- C) Fundamental Rights
- D) Amendments
6. The concept of Public Interest Litigation (PIL) was introduced by:
- A) Supreme Court of India
- B) Parliament
- C) Law Commission
- D) President
7. Financial emergency can be proclaimed under which article?
- A) Article 352
- B) Article 356
- C) Article 360
- D) Article 368
8. The composition and jurisdiction of the Supreme Court are defined under:
- A) Article 124-147
- B) Article 148-151
- C) Article 226-231
- D) Article 239-243
9. The doctrine of basic structure was propounded in which case?
- A) Golaknath case
- B) Kesavananda Bharati case
- C) Minerva Mills case
- D) Indira Nehru Gandhi case
10. Which amendment introduced the Panchayati Raj system in India?
- A) 42nd Amendment
- B) 44th Amendment
- C) 73rd Amendment
- D) 74th Amendment
Long Answer Questions
1. Discuss the powers and functions of the President of India under the Constitution.
2. Analyze the structure and functions of the Indian Parliament.
3. Examine the role of the judiciary in protecting Fundamental Rights.
4. Explain the relationship between Fundamental Rights and Directive Principles of State Policy.
5. Describe the emergency provisions under the Constitution of India.
Fill-in-the-Blank Questions
1. The President of India is elected by an __________.
2. The __________ has the power to dissolve the Lok Sabha.
3. The Right to Freedom is guaranteed under Articles __________ to __________.
4. The __________ advises the President on legal matters.
5. The Finance Commission is constituted by the __________.