Course Module of Federalism

Semester IX-Honours-II Paper

Module - I: Constitutionalism

6+5 CHS

1.1. What is Constitution?

1.2. What is Constitutionalism?
1.3. Modern Constitutionalism: A Shifting and Evolving Paradigm
.
Module -II: Federalism

6+5 CHS

2.1 What is a Federal Government?

2.2 Difference between Confederation and Federation
2.3 Condition requisite for Federalism
2.4 Patterns of Federal Government USA, Australia, Canada and India
Module -III: Legislative Relations

6+5 CHS

4.1 Territorial Jurisdictions

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 Centre- State relations

3.2 Factors responsible for sub-ordination of States
3.3 Distribution of Fiscal Power
- Scheme of Allocation of taxing
- Extent of Union Power of Taxation
- Residuary Power- inclusion of fiscal power
3.4 Restriction of fiscal power
- Fundamental Rights
- Inter-Government tax immunities
- Difference between tax and Fee
3.5 Distribution of Tax Revenue
3.6 Borrowing power of the State
3.7 Planning and Financial Relations
Module VI: Commerce Clause

6+5 CHS

6.1 Freedom of Trade and Commerce

6.2 Regulatory and Compensatory Tax
6.3 Exceptions to Freedom of Trade and Commerce
Module VII: Local Government Administration

6+5 CHS

7.1 Concept of Local Government - Aims 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.

References:
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8.

Dicey, A V, An Introduction to the study of the Law of the Constitution, Ch III

Federalism: A Foreword, 86 Yale Law Journal 1019 (1977)
Friedrich, Carl J, Constitutional Government and Democracy, Ch XI
Jain, M.P., Indian Constitutional Law, Ch XIV
73rd and 74th Constitutional Amendment and Eleventh Schedule
Bates, Crispin, The Development of Panchayati Raj in India.
Friedrich, Carl J, Constitutional Government and Democracy, Ch XII
Colin Turpin, British Government and the Constitution, Ch. 1.

9. Weingast and Wittman, The Oxford Handbook of Political Economy, Ch. 16, 18
and 20.
10. K C Wheare, Modern Constitutions
11. Sarkaria Commission, Ch III, 1983
12. Seervai, H.M. Constitutional Law of India
13. Blackshield, T and Williams, G, Australian Constitutional Law and Theory, Ch.
23 , 24 and 25.
14. Jain, M.P., Indian Constitutional Law

*** Students are advised to visit legal database on Westlaw for scholarly writings
and judgments on various topics.