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LLB 2nd Sem Const Law 2 Set 1

The document outlines key concepts of Constitutional Law II, focusing on types of emergencies in India, the Union-State relationship, qualifications and removal of MPs, and the appointment and impeachment of Supreme Court judges. It details the judicial review of state emergencies, the distinction between Money Bills and Ordinary Bills, and the original jurisdiction of the Supreme Court. Additionally, it includes short notes on various legal concepts such as the Consolidated Fund of India, writs, and the Council of Ministers.

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Rohit Sinha
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0 views5 pages

LLB 2nd Sem Const Law 2 Set 1

The document outlines key concepts of Constitutional Law II, focusing on types of emergencies in India, the Union-State relationship, qualifications and removal of MPs, and the appointment and impeachment of Supreme Court judges. It details the judicial review of state emergencies, the distinction between Money Bills and Ordinary Bills, and the original jurisdiction of the Supreme Court. Additionally, it includes short notes on various legal concepts such as the Consolidated Fund of India, writs, and the Council of Ministers.

Uploaded by

Rohit Sinha
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Model Answer

Subject:- Constitutional Law II


LL.B 2nd sem
Batch:- 2024-2026
Set A

1. Types of Emergencies & Judicial Review of State Emergency

Types of Emergencies in the Indian Constitution:

1. National Emergency – Art. 352


o Proclaimed on grounds of war, external aggression or armed rebellion.
2. State Emergency (President’s Rule) – Art. 356
o Failure of constitutional machinery in a state.
3. Financial Emergency – Art. 360
o Threat to financial stability or credit of India.

Judicial Review of State Emergency (Art. 356):


Initially, the validity of emergency was not justiciable (Rameshwar Prasad v. Union of
India, 2006). But this changed.

Landmark Case – S.R. Bommai v. Union of India, AIR 1994 SC 1918:

 Supreme Court held Art. 356 subject to judicial review.


 The breakdown of constitutional machinery must be actual, not political.
 President’s satisfaction can be challenged if mala fide or based on irrelevant
grounds.
 The court can restore a dissolved assembly if the proclamation is invalid.

2. Union-State Relationship & Parliament’s Power Over State List

Basic Structure of Union-State Relationship:

 Federal structure with unitary bias.


 Three Lists in Seventh Schedule:
o Union List (List I): Parliament has exclusive power.
o State List (List II): State legislatures have exclusive power.
o Concurrent List (List III): Both can legislate.

When Parliament Can Make Law on State Subjects (Art. 249–252):


1. Rajya Sabha Resolution (Art. 249) – 2/3 majority declares it's in national interest.
2. During National Emergency (Art. 250)
3. When two or more states consent (Art. 252)
4. For implementing international treaties (Art. 253)

3. Qualifications and Removal of MPs & Appointment of Prime Minister

Qualifications of MPs (Art. 84):

 Citizen of India.
 Minimum 30 years (Rajya Sabha) / 25 years (Lok Sabha).
 Other qualifications as per law (Representation of People Act, 1951).

Grounds for Disqualification (Art. 102):

 Unsound mind, insolvent, office of profit, defection.


 Conviction for certain offences under RPA.

Appointment & Duties of Prime Minister (Art. 75):

 Appointed by President – must have majority support in Lok Sabha.


 Head of Council of Ministers.
 Real executive authority – formulates policies, leads Cabinet.
 Advises President and coordinates between ministries.

4. Money Bill vs Ordinary Bill & Role of Rajya Sabha

Money Bill (Art. 110):

 Deals exclusively with taxation, borrowing, Consolidated Fund etc.


 Only Lok Sabha can introduce it.
 Speaker certifies it as Money Bill.

Ordinary Bill:

 Can be introduced in either house.


 Both houses have equal powers.

Can Rajya Sabha Amend Money Bill?

 No. It can only recommend changes within 14 days.


 Lok Sabha may accept or reject recommendations.

If Rajya Sabha Does Not Act in 14 Days:

 The bill is deemed passed by both houses.


5. Appointment & Impeachment of Supreme Court Judges

Composition (Art. 124):

 Chief Justice + other judges as prescribed by Parliament.


 Currently: 34 judges including CJI.

Appointment:

 Appointed by President after consultation with judges (Collegium System).

Impeachment (Art. 124(4)):

 On grounds of proved misbehaviour or incapacity.


 Requires:
o Motion in Parliament (signed by 100 LS / 50 RS members).
o Inquiry Committee report.
o Passed by 2/3rd majority in both Houses.
o Addressed to President.

No judge has been impeached yet.

6. Original Jurisdiction of SC & Binding Nature of Law Declared

Original Jurisdiction (Art. 131):

 Disputes between:
o Government of India and one or more states.
o States inter se.
 Not for private disputes or those under treaties.

Law Declared Binding (Art. 141):

 SC’s law is binding on all courts.


 Ensures uniformity, certainty, and rule of law.

Case: Union of India v. Raghubir Singh, AIR 1989 SC 1933

 Reaffirmed Art. 141’s supremacy of SC interpretations.

7. Freedom of Trade, Commerce, and Intercourse (Art. 301)

Art. 301:
 Trade, commerce, and intercourse shall be free throughout India.

Reasonable Restrictions:

 Parliament can impose restrictions in public interest (Art. 302).


 States may regulate trade with President’s assent (Art. 304).

Case: Atiabari Tea Co. v. State of Assam, AIR 1961 SC 232

 Taxes impeding free trade violate Art. 301 unless protected under Art. 304(b).

Case: State of Kerala v. Abdul Kadir, AIR 1976 SC 182

 Entry tax was struck down as discriminatory.

Art. 301 seeks economic unity and national integration.

8. Short Notes (Any Seven)

a) Consolidated Fund of India:

 All government revenues, loans, and repayments flow into this fund (Art. 266).
 No money can be withdrawn without Parliament’s authorization.

b) Writ of Certiorari:

 Issued to quash a lower court/tribunal’s order.


 Grounds: Lack of jurisdiction, error of law, or violation of natural justice.

c) Concurrent List:

 List III of Seventh Schedule.


 Both Parliament and state can legislate.
 In conflict, central law prevails (Art. 254).

d) Writ of Mandamus:

 Commands public officials to perform a legal duty.


 Not applicable to private individuals.

e) Transfer of High Court Judges:

 Done by President after consultation with CJI (Art. 222).


 Purpose: Judicial efficiency or public interest.

f) Council of Ministers:

 Headed by Prime Minister (Art. 74).


 Aids and advises the President.
 Collectively responsible to Lok Sabha.

g) Writ of Habeas Corpus:

 "To have the body".


 Safeguards personal liberty against illegal detention.
 Can be filed by the detainee or on their behalf.

h) Advisory Jurisdiction of High Court:

 Unlike SC (Art. 143), High Courts do not have constitutional advisory jurisdiction,
but may give opinions to Governor in specific matters under state laws.

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