Constitutional Law II DAVV LLB Sem 2 | Previous year solved questions and important topics

By

Legislative relations b/w center and state

1. Explain legislative relations between the center and the state. Also highlight the interpretation of lists. [Dec 22 DAVV]
2. scheme of distribution of legislative powers bw center and state

  • governed by Articles 245 to 255 of Part XI of the Constitution 'Relations bw Union and the states" Chapter 1 legislative relations discusses the distribution of legislative powers derived from the Indian constitution

  • Elements of distribution of power (key points under legislative relations under which you would explain)

  1. Extent of laws made by Parliament and by the Legislatures of States 
    1. Territorial jurisdiction - art 245 (1)
      1. The parliament may make laws for whole or part of the Indian territory where as the State legislature may make laws for whole or part of the state
      2. No law of the Parliament can be deemed invalid merely on the ground of extra-territorial operation, meaning that constitutionally Parliament may make laws that have extra-territorial implication. Meaning the laws made by Parliament can apply to Indian subjects living abroad outside Indian territories.

        Exceptions / Unique clauses from constitution
      • Art 240 President can make regulations that are equivalent to the laws of Parliament, some territories of the Union, such as the Andaman and Lakshadweep Region, and these regulations may revoke or amend a law adopted by Parliament on the said territories
      • Per Art(5)3 of the 5th Schedule on Admin and control of Scheduled , the Governor may repeal or amend acts by Parliament or state legislature applicable to the area in question
      • Para 12(1)(6) of schedule VI says that, by public notification, the Governor of Assam may, subject to such exceptions or adjustments as may be stated in the notification, direct that any other act of Parliament shall not apply to the autonomous region or district of the state of Assam or apply to that region or section
      • Limitations to the plenary territorial jurisdictions of the Parliament
        • Art 240 legislation with regards to UTs may be made by President

      • Case laws

  2. Subject-matter of laws made by Parliament and by the Legislatures of States / 246
    1. Art 246 addresses the questions which matters should come under the domain of the Parliament and which one under the State Legislature
    2. the subject matter is divided into 3 lists
      1. Art 246 1 Union List / List I in the 7th schedule of the constitution
      2. Art 246 2 Concurrent list / List III in 7th schedule of the constitution
      3. Art 246 3 State list / List II in the 7th schedule of the constitution

  3. Power of Parliament to provide for the establishment of certain additional courts / 247
  4. Residuary powers of legislation.
  5. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
  6. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
  7. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
  8. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
  9. Legislation for giving effect to international agreement
  10. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
  11. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

Administrative relations b/w center and state

1. write a detailed note on administrative relations b/w center and state [Dec 22 DAVV]
2. Administration of union territory and the scheduled area [2019, 2022]

  • governed by Articles 256 to 263 of Part XI of the Constitution Chapter II administrative relations discusses the distribution of legislative powers derived from the Indian constitution



Financial relations bw center and state
1 Critically evaluate the financial relations b/w the center and the state.

Emergency provision 
1 critically analyse the emergency provisions under art 352 and art 356 with illustrations
2 describe emergency provisions in constitution of india [2023]
3 Distinguish between proclamation of emergency under art 352 and 356 [Dec 2022]

Amending procedure 
1 what do you mean by amendment in constitution? explain the procedure for amending the constitution? May parliament amend fundamental rights? Explain [Dec 2019]
2 The indian constitution is a unique blend of flexibility and rigidity. explain amending procedure of the constitution and [Dec 2022]
3 Describe the amendment procedure of the constitution? To what extent is judicial review of constitution justified? Refer to relevant case laws [2023]
 

Freedom of Trade commerce and intercourse 

Panchayati Raj

Municipality

Tribunals constitution and function

UPSC

Election Commission constitution and function

Revision
Legislative functions



  3. Power of Parliament to provide for the establishment of certain additional courts
  4. Residuary powers of legislation.
  5. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
  6. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
  7. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
  8. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
  9. Legislation for giving effect to international agreement
  10. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
  11. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

Sources: