Federalism

Honours-I Paper (Semester VII and IX)

Rajput Shraddha Bhausingh
Module - I: Constitutionalism

6+5 CHS

1.1. Constitution
Concept and Meaning
Distinctive Features of Constitution
Types of Constitution
Features of the Constitution
Objectives of the Constitution
Functions of the Constitution
Constitution and Constitutional Law
1.2. Constitutionalism
Concept and Meaning
Types of Constitutionalism
Important principle of Constitutionalism
Historical background of Constitutionalism
Constitutionalism as usage
Difference between Constitution and Constitutionalism
Modern Constitutionalism

Module -II: Federalism

6+5 CHS

2.1 Concept and Meaning

Types of Federalism
Origin of Federalism
Importance of Federalism
Essential requisite for Federalism
Patterns of Federal Government USA, Australia, Canada and India

Module -III: Legislative Relations

4.1 Territorial Jurisdictions

6+5 CHS

4.2 Distribution of Legislature powers

4.3 Principles of Interpretations
4.4 Repugnancy
4.5 Residuary Power
4.6 Parliamentary Legislation in the State field
.
Module - IV: Administrative Relations

6+5 CHS

5.1 Distribution of Executive Power

5.2 Central- State Administrative Co-ordination
5.3 States not to impede the Centre
5.4 Centers Directives to the States

Module -V: Union State Financial Relations

6+5 CHS

3.1 Factors responsible for sub-ordination of States

3.2 Distribution of Fiscal Power
- Scheme of Allocation of taxing
- Extent of Union Power of Taxation
- Residuary Power- inclusion of fiscal power
3.3 Restriction of fiscal power
- Fundamental Rights
- Inter-Government tax immunities
- Difference between tax and Fee
3.4 Distribution of Tax Revenue
3.5 Borrowing power of the State
3.6 Niti Ayog
Module VI: Local Self-Government

6+5 CHS

7.1 Concept of Local Government Aims, Nature, Importance and objectives

of Local government
7.2 Local government in Historical Perspective
7.3 Powers of Local Government - taxing, prosecuting, advising, legislative,
judicial and summary.
7.4

Urban and Rural Local-governing bodies

References:

1. Jain, M.P., Indian Constitutional Law

2. Seervai, H.M. Constitutional Law of India
3. Dicey, A V, An Introduction to the study of the Law of the Constitution, Ch III
4. Federalism: A Foreword, 86 Yale Law Journal 1019 (1977)
5. Friedrich, Carl J, Constitutional Government and Democracy, Ch XI
6. 73rd and 74th Constitutional Amendment and Eleventh Schedule
7. Bates, Crispin, The Development of Panchayati Raj in India.
8. Friedrich, Carl J, Constitutional Government and Democracy, Ch XII
9. Colin Turpin, British Government and the Constitution, Ch. 1.
10. Weingast and Wittman, The Oxford Handbook of Political Economy, Ch. 16, 18
and 20.
11. K. C. Wheare, Modern Constitutions
12. Sarkaria Commission, Ch III, 1983
13. Blackshield, T and Williams, G, Australian Constitutional Law and Theory, Ch.
23, 24 and 25.
*** Students are advised to visit legal database on Westlaw for scholarly writings
and judgments on various topics.