KSLU LL.M. (Two Years) Semester 3: Notes and Solved Previous Year Question Papers 2026

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1. Law and Administration

   Official Notes munotes.in

   Law and Administration

   KSLU LL.M. (TWO YEARS) · SEMESTER 3

   Strictly as per the 2019-20 LL.M. (Two Years) syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Second Year

   Law and Administration

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   Written and first published by munotes.in, 2026.

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   Contents

   Module I

   1. Law and Administration: What This Paper Covers, and How to Read This Book 1
   2. Public Policy and Administration: Who Makes Policy and Who Carries It Out 4
   3. Regulation: What a Regulatory State Does 9
   4. The Licence Permit Raj: Regulation in India Before 1991 14
   5. The 1991 Reforms 19
   6. De-regulation and the Retreat of the Licensing State 23
   7. Control to Decontrol 28
   8. Globalization and Liberalization Policy 33
   9. Constitutional Standards for Regulation and De-regulation 38
   10. What the Administrative Process Is 43
   11. Administrative Law and Constitutional Law 49
   12. From the Police State to the Welfare State 53
   13. The Growth of Administrative Law in England 58
   14. The Growth of Administrative Law in the United States 63
   15. The Growth of Administrative Law in India 68
   16. The Sources of Administrative Law in India 73
   17. Classification of Administrative Action 78
   18. A.K. Kraipak and the Fading Line Between Quasi-Judicial and Administrative Action 83
   19. Rule-Making, Adjudication and Administrative Action 86

   Contents continued

   Module I continued

   1. Administrative Agencies: What They Are 90
   2. The Regulatory Agencies of the Indian State 95
   3. Public Corporations and Government Companies 99
   4. The Rule of Law: What It Means 103
   5. Dicey's Three Meanings of the Rule of Law 107
   6. What Is Wrong With Dicey 112
   7. The Rule of Law in the Indian Constitution 117
   8. ADM Jabalpur and the Rule of Law in an Emergency 121
   9. The Rule of Law as Basic Structure 127
   10. Separation of Powers: The Theory 132
   11. From Rigidity to Flexibility 136
   12. Separation of Powers in the United States 141
   13. Separation of Powers in the United Kingdom 146
   14. Separation of Powers in India 150
   15. Separation of Powers and the Basic Structure 155
   16. Where the Three Organs Overlap in India 160
   17. Delegated Legislation: What It Is 164
   18. Why Parliament Delegates 168
   19. Kinds of Delegated Legislation 172

   Contents continued

   Module I continued

   1. Conditional Legislation and the Henry VIII Clause 175
   2. Sub-Delegation 179
   3. In re Delhi Laws Act and the Limits of Delegation 183
   4. Excessive Delegation and the Essential Legislative Function 187
   5. Delegation of the Taxing Power 191
   6. The Problems Delegated Legislation Creates 195
   7. How a Rule Is Made: The Process 199
   8. Publication, and the Rule That an Unpublished Rule Binds Nobody 204
   9. Parliamentary Control of Delegated Legislation 208
   10. The Committee on Subordinate Legislation 212
   11. Judicial Control: Substantive Ultra Vires 216
   12. Judicial Control: Procedural Ultra Vires 221
   13. Judicial Review of Rules for Arbitrariness 225
   14. Mala Fide Subordinate Legislation 229
   15. Retrospective Subordinate Legislation 231
   16. Exclusion of Judicial Review of Delegated Legislation 234
   17. Administrative Discretion: What It Is 240
   18. Why Discretion Is Given, and What It Costs 244
   19. Structuring Discretion 248

   Contents continued

   Module I continued

   1. Confining, Checking and Limiting Discretion 252

   Module II

   1. What Judicial Review Is 256
   2. The Historical Development of Judicial Review 259
   3. Judicial Review in the Constituent Assembly and in the Text of the Constitution 262
   4. The Three Limbs of Judicial Review 265
   5. Judicial Review and the Basic Structure 268
   6. The State under Article 12, and Who Can Be Sued in a Writ 272
   7. State Actions Are Amenable in the Panorama of Judicial Review 276
   8. The Five Writs and Where They Came From 279
   9. The Grounds of Judicial Review, Classified 282
   10. Illegality, Irrationality and Procedural Impropriety 285
   11. The Doctrine of Ultra Vires 288
   12. Substantive and Procedural Ultra Vires 291
   13. Jurisdictional Error and the Collateral Fact Doctrine 294
   14. Error of Law and Error of Jurisdiction as Grounds 298
   15. Anisminic and What Became of Ouster Clauses 301
   16. Failure to Exercise Discretion 304

   Contents continued

   Module II continued

   1. Acting Under Dictation 309
   2. Fettering a Discretion by a Self-Imposed Rule 311
   3. Unlawful Sub-Delegation of a Discretion 314
   4. Non-Application of Mind 317
   5. Abuse of Discretion: Mala Fides and Improper Purpose 320
   6. Abuse of Discretion: Irrelevant Considerations and Non-Application of Mind 325
   7. Unreasonableness: Wednesbury and After 329
   8. Proportionality 333
   9. Absolute and Wide Discretion, Discrimination and Article 14 338
   10. Liversidge v Anderson and Subjective Satisfaction 341
   11. Padfield: A Discretion Must Serve the Policy and Objects of the Act 344
   12. Subjective Satisfaction and the Reach of Review 347
   13. Subjective Satisfaction in India after Barium Chemicals 352
   14. Judicial Review of Administrative Discretion in India 355
   15. Policy, Political Questions and Non-Justiciability 360
   16. Contracts, Tenders and Economic Policy 363
   17. Self-Restraint and the Separation of Powers 366
   18. Procedural Fairness and the Principles of Natural Justice 369

   Contents continued

   Module II continued

   1. Ridge v Baldwin and the Revival of Natural Justice 372
   2. Nemo Judex in Causa Sua: The Rule Against Bias 375
   3. The Kinds of Bias 378
   4. The Test for Bias 381
   5. The Doctrine of Necessity 383
   6. Audi Alteram Partem: The Right to a Fair Hearing 385
   7. What a Fair Hearing Contains 388
   8. Notice, Disclosure and the Materials Relied On 391
   9. Cross-Examination and Legal Representation 394
   10. Institutional Decisions: He Who Decides Must Hear 397
   11. Pre-Decisional and Post-Decisional Hearing 400
   12. Swadeshi Cotton Mills and the Post-Decisional Hearing 403
   13. Exclusion of Natural Justice 406
   14. The Useless Formality Theory 409
   15. Void or Voidable: The Effect of a Breach of Natural Justice 412
   16. Failure to Give Reasons: The Reasoned Decision 415
   17. Maneka Gandhi and the Hearing Requirement in Administrative Action 418
   18. Natural Justice under Articles 14 and 21 421
   19. Due Process in India 424

   Contents continued

   Module II continued

   1. The Doctrine of Legitimate Expectation 427
   2. Legitimate Expectation in India: Procedural and Substantive 430

   Module III

   1. The Civil Services: The Permanent Executive 434
   2. The Constitutional Provisions on the Civil Services 439
   3. Article 311 and the Protection of Civil Servants 444
   4. The Public Service Commissions 449
   5. The Role of the Civil Servant as an Administrator 454
   6. Natural Justice in Service Cases: Article 311 458
   7. Tortious Liability of the State 461
   8. Sovereign and Non-Sovereign Functions 467
   9. Redress Against the State in India 474
   10. Redress Against the State in the United Kingdom and France 479
   11. Suit for Damages and the Tortious Liability of the State 483
   12. Liability for What the Police Do: Arrest, Custody and Force 486
   13. Act of State and Statutory Immunity 492
   14. Contractual Liability of the State 498
   15. Responsibility and Accountability of Administrators 505
   16. The Machinery of Accountability 509

   Contents continued

   Module III continued

   1. The Courts as a Check on Administrative Lawlessness 514
   2. Personal Accountability: Making the Officer Pay 519
   3. Constitutional Tort: Compensation for the Breach of Fundamental Rights 525
   4. Compensation in Public Law 531

   Module IV

   1. Transparency and the Right to Information: a Constitutional Imperative 535
   2. The Supreme Court and the Right to Know 542
   3. The RTI Act 2005: Object, Application, Definitions and Salient Features 546
   4. The Definitions of the RTI Act 553
   5. Obligations of Public Authorities and How a Request Is Made 558
   6. Exemptions from Disclosure 565
   7. Privacy and the Right to Information 572
   8. The Central and State Information Commissions 577
   9. Appeals and Penalties under the RTI Act 584
   10. Hurdles in the Implementation of the RTI Act 591
   11. The Official Secrets Act, 1923 599
   12. The Official Secrets Act and the RTI Act 604

   Contents continued

   Module IV continued

   1. Government Privilege in Legal Proceedings and State Secrets 608
   2. Security of Staff and Control on Information 614
   3. The Public Records Act, 1993 620
   4. The Public Records Rules, 1997 625
   5. Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution 629
   6. Estoppel and Waiver against the Government 638
   7. Promissory Estoppel Against the State After Motilal 645

   Module V

   1. What Maladministration Is 652
   2. Where the Ombudsman Begins: Sweden, 1809 657
   3. The Classical Model Spreads: Denmark and New Zealand 661
   4. Britain's Parliamentary Commissioner for Administration 665
   5. What Makes an Ombudsman an Ombudsman 669
   6. The Ombudsman's Weakness: Recommendation Without Power 674
   7. Grievance Redress, and the Statute India Never Passed 678
   8. A Worked Comparison: Lokpal, Lokayukta and the Ombudsman Abroad 683
   9. India Before the Lokpal: the Santhanam Committee 688

   Contents continued

   Module V continued

   1. The First Administrative Reforms Commission and the Lokpal Proposal 692
   2. Forty-Five Years of Failed Bills 696
   3. The Agitation of 2011 and the Making of the Act 700
   4. The Lokpal and Lokayuktas Act 2013: the Architecture 704
   5. The Lokpal Established: Composition and Qualifications 710
   6. Tenure, Salary, Removal and Staff 716
   7. The Inquiry Wing and the Prosecution Wing 722
   8. Who the Lokpal May Inquire Into, Including the Prime Minister 727
   9. Benches, Transfer of Cases, and Decision by Majority 733
   10. Complaint, Preliminary Inquiry and the Right to be Heard 737
   11. Sanction for Prosecution, and Action Against a Minister 743
   12. The Lokpal's Powers: Supervision, Search and the Powers of a Civil Court 748
   13. Attachment, Confiscation, and the Rest of the Powers 753
   14. Complaints Against the Lokpal Itself, and the Money 759
   15. The Declaration of Assets, and the Amendment of 2016 765
   16. Offences, Penalties, and the Reports 770
   17. Protections, Limitation, and the Bar of Jurisdiction 776
   18. The Rest of the Lokpal Act 781

   Contents continued

   Module V continued

   1. Section 63 and the Duty of Every State to Establish a Lokayukta 787
   2. Why the First Lokpal Took Office Only in 2019 791
   3. The Lokayuktas of the States 796
   4. Lokayukta in Karnataka: the Karnataka Lokayukta Act 1984 801
   5. What a Commission of Inquiry Is For 813
   6. The Public Servants (Inquiries) Act 1850, and Its Repeal 818
   7. The English Model: the Tribunals of Inquiry (Evidence) Act 1921 823
   8. The Commissions of Inquiry Act 1952: Extent and Definitions 828
   9. Appointing a Commission: Section 3 833
   10. The Commission's Composition, Staff and Assessors 839
   11. The Powers of a Civil Court: Section 5 844
   12. Statements Before a Commission: Sections 6 and 6A 849
   13. Vacancy, Cesser and the Continuity of an Inquiry 854
   14. Sections 8B and 8C: the Right to be Heard and to Cross-Examine 859
   15. Additional Powers, Search and Seizure 864
   16. Offences Before a Commission, and the Rule-Making Power 869
   17. The Commission Is Not a Court 874
   18. The Report Is Recommendatory: Proprio Vigore 879

   Contents continued

   Module V continued

   1. How Much Natural Justice Is Owed Before a Commission 884
   2. Challenging the Notification 889
   3. What Happens to the Report 895
   4. What a Report Cannot Do to the Criminal Process 899
   5. The Great Indian Commissions and What Became of Their Reports 904
   6. Delay, Cost and the Practical Case Against the Present Act 908
   7. The Reforms This Act Needs 913
   8. What Vigilance Means in Indian Administration 918
   9. Before 2003: the Resolution of 1964 923
   10. Vineet Narain and the Direction to Give the CVC Statutory Status 928
   11. The Central Vigilance Commission Act 2003: the Architecture 936
   12. The Constitution of the Commission: Section 3 941
   13. Appointment, and the Doctrine of Institutional Integrity 946
   14. Terms of Office, the Oath, and Removal 952
   15. The Functions and Powers of the Commission 959
   16. Proceedings, and the Powers of a Civil Court 966
   17. Expenses, the Annual Report, and Protection 973
   18. Reports, Information, and Consultation 980

   Contents continued

   Module V continued

   1. Rules, Regulations, and the Tail of the Act 986
   2. The Chief Vigilance Officer 996
   3. First and Second Stage Advice 1001
   4. State Vigilance Commissions 1006
   5. The Commission and the Lokpal 1012
   6. What Corruption Is in Law 1018
   7. Criminal Misconduct, and the Sanction to Prosecute 1027
   8. Is the Central Vigilance Commission an Ombudsman 1036
   9. The Weaknesses of the Central Vigilance Commission 1041
   10. What the Central Bureau of Investigation Actually Is 1049
   11. The War-Time Origin 1055
   12. The Act of 1946, Read Section by Section 1060
   13. Superintendence: Section 4 1066
   14. The Director, and the Committee 1072
   15. Offences, and the Extension of Powers 1079
   16. The Consent of the State 1084
   17. The Agency Without Consent 1090
   18. Section 6A, Struck Down Twice 1096
   19. The Organisation of the Agency 1104

   Contents continued

   Module V continued

   1. How a Case Begins 1110
   2. The Court-Monitored Investigation 1117
   3. The Caged Parrot 1122
   4. The Agency and the Right to Information 1128
   5. The Challenge to the Agency's Existence 1132
   6. Further Investigation and Fresh Investigation 1138
   7. The Other Central Agencies 1143
   8. How an Agency Is Insulated 1149
   9. The Case for a Central Bureau of Investigation Act 1156
   10. Why a Legislature Inquires 1162
   11. The Two Sources 1167
   12. Articles 105 and 194 1172
   13. Privilege and Fundamental Rights 1179
   14. Contempt of the House 1185
   15. The Financial Committees 1192
   16. The Public Accounts Committee and the Comptroller and Auditor General 1197
   17. The Standing Committees 1202
   18. Select and Joint Committees 1207
   19. The Committee of Privileges 1213

   Contents continued

   Module V continued

   1. The Other Scrutiny Committees 1219
   2. The Powers of a Committee 1224
   3. The Limits of a Committee Inquiry 1229
   4. Judicial Review of Privilege 1235
   5. Bribery, and the Immunity That Ended 1241
   6. A Committee Report in a Court 1249
   7. Where the Committee System Is Written 1255
   8. The Weaknesses of the Committee System 1261
   9. What a Judicial Inquiry Is 1267
   10. Why Judges Are Treated Differently 1272
   11. Article 124(4): The Ground and the Procedure 1278
   12. Article 124(5) and the Act 1284
   13. The Motion and the Committee 1289
   14. The Inquiry and the Report 1295
   15. The Procedure on the Report 1301
   16. The Investigation Stage and the Political Stage 1307
   17. A Motion Does Not Lapse on Dissolution 1313
   18. The Judge's Right to the Report, and Review Before the House 1319
   19. Bias in the Composition of the Committee 1326

   Contents continued

   Module V continued

   1. The Ramaswami Proceedings, Worked in Full 1334
   2. The Removal Attempts That Reached the Courts 1342
   3. Misbehaviour Short of Removal: the In-House Procedure 1350
   4. The In-House Procedure Restated as Steps 1358
   5. The Confidentiality of an In-House Inquiry Report 1367
   6. A Judge as a Public Servant: Prosecution for Corruption 1375
   7. Contempt as the Last Resort 1384
   8. Articles 121 and 211: the Bar on Discussing a Judge 1391
   9. Inquiry BY a Judge: the Judicial Commission of Inquiry 1400
   10. Should a Serving Judge Head a Commission of Inquiry 1406
   11. Judicial Inquiry Into a Custodial Death or an Encounter 1413
   12. What Judicial Inquiries Are Worth: the Honest Assessment 1422
   13. Tribunals: Why They Exist 1430
   14. Articles 323A, 323B and the Administrative Tribunals Act 1985 1434
   15. Tribunals After L. Chandra Kumar 1440
   16. Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 1446

   Page 1 onwards

   1,455 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 1,455 pages.

   Every chapter in the notes: 288 chapters across 5 modules

   Module I 58 chapters

   1. 1 Law and Administration: What This Paper Covers, and How to Read This Book pages 1 to 3
   2. 2 Public Policy and Administration: Who Makes Policy and Who Carries It Out pages 4 to 8
   3. 3 Regulation: What a Regulatory State Does pages 9 to 13
   4. 4 The Licence Permit Raj: Regulation in India Before 1991 pages 14 to 18
   5. 5 The 1991 Reforms pages 19 to 22
   6. 6 De-regulation and the Retreat of the Licensing State pages 23 to 27
   7. 7 Control to Decontrol pages 28 to 32
   8. 8 Globalization and Liberalization Policy pages 33 to 37
   9. 9 Constitutional Standards for Regulation and De-regulation pages 38 to 42
   10. 10 What the Administrative Process Is pages 43 to 48
   11. 11 Administrative Law and Constitutional Law pages 49 to 52
   12. 12 From the Police State to the Welfare State pages 53 to 57
   13. 13 The Growth of Administrative Law in England pages 58 to 62
   14. 14 The Growth of Administrative Law in the United States pages 63 to 67
   15. 15 The Growth of Administrative Law in India pages 68 to 72
   16. 16 The Sources of Administrative Law in India pages 73 to 77
   17. 17 Classification of Administrative Action pages 78 to 82
   18. 18 A.K. Kraipak and the Fading Line Between Quasi-Judicial and Administrative Action pages 83 to 85
   19. 19 Rule-Making, Adjudication and Administrative Action pages 86 to 89
   20. 20 Administrative Agencies: What They Are pages 90 to 94
   21. 21 The Regulatory Agencies of the Indian State pages 95 to 98
   22. 22 Public Corporations and Government Companies pages 99 to 102
   23. 23 The Rule of Law: What It Means pages 103 to 106
   24. 24 Dicey's Three Meanings of the Rule of Law pages 107 to 111
   25. 25 What Is Wrong With Dicey pages 112 to 116
   26. 26 The Rule of Law in the Indian Constitution pages 117 to 120
   27. 27 ADM Jabalpur and the Rule of Law in an Emergency pages 121 to 126
   28. 28 The Rule of Law as Basic Structure pages 127 to 131
   29. 29 Separation of Powers: The Theory pages 132 to 135
   30. 30 From Rigidity to Flexibility pages 136 to 140
   31. 31 Separation of Powers in the United States pages 141 to 145
   32. 32 Separation of Powers in the United Kingdom pages 146 to 149
   33. 33 Separation of Powers in India pages 150 to 154
   34. 34 Separation of Powers and the Basic Structure pages 155 to 159
   35. 35 Where the Three Organs Overlap in India pages 160 to 163
   36. 36 Delegated Legislation: What It Is pages 164 to 167
   37. 37 Why Parliament Delegates pages 168 to 171
   38. 38 Kinds of Delegated Legislation pages 172 to 174
   39. 39 Conditional Legislation and the Henry VIII Clause pages 175 to 178
   40. 40 Sub-Delegation pages 179 to 182
   41. 41 In re Delhi Laws Act and the Limits of Delegation pages 183 to 186
   42. 42 Excessive Delegation and the Essential Legislative Function pages 187 to 190
   43. 43 Delegation of the Taxing Power pages 191 to 194
   44. 44 The Problems Delegated Legislation Creates pages 195 to 198
   45. 45 How a Rule Is Made: The Process pages 199 to 203
   46. 46 Publication, and the Rule That an Unpublished Rule Binds Nobody pages 204 to 207
   47. 47 Parliamentary Control of Delegated Legislation pages 208 to 211
   48. 48 The Committee on Subordinate Legislation pages 212 to 215
   49. 49 Judicial Control: Substantive Ultra Vires pages 216 to 220
   50. 50 Judicial Control: Procedural Ultra Vires pages 221 to 224
   51. 51 Judicial Review of Rules for Arbitrariness pages 225 to 228
   52. 52 Mala Fide Subordinate Legislation pages 229 to 230
   53. 53 Retrospective Subordinate Legislation pages 231 to 233
   54. 54 Exclusion of Judicial Review of Delegated Legislation pages 234 to 239
   55. 55 Administrative Discretion: What It Is pages 240 to 243
   56. 56 Why Discretion Is Given, and What It Costs pages 244 to 247
   57. 57 Structuring Discretion pages 248 to 251
   58. 58 Confining, Checking and Limiting Discretion pages 252 to 255

   Module II 55 chapters

   1. 59 What Judicial Review Is pages 256 to 258
   2. 60 The Historical Development of Judicial Review pages 259 to 261
   3. 61 Judicial Review in the Constituent Assembly and in the Text of the Constitution pages 262 to 264
   4. 62 The Three Limbs of Judicial Review pages 265 to 267
   5. 63 Judicial Review and the Basic Structure pages 268 to 271
   6. 64 The State under Article 12, and Who Can Be Sued in a Writ pages 272 to 275
   7. 65 State Actions Are Amenable in the Panorama of Judicial Review pages 276 to 278
   8. 66 The Five Writs and Where They Came From pages 279 to 281
   9. 67 The Grounds of Judicial Review, Classified pages 282 to 284
   10. 68 Illegality, Irrationality and Procedural Impropriety pages 285 to 287
   11. 69 The Doctrine of Ultra Vires pages 288 to 290
   12. 70 Substantive and Procedural Ultra Vires pages 291 to 293
   13. 71 Jurisdictional Error and the Collateral Fact Doctrine pages 294 to 297
   14. 72 Error of Law and Error of Jurisdiction as Grounds pages 298 to 300
   15. 73 Anisminic and What Became of Ouster Clauses pages 301 to 303
   16. 74 Failure to Exercise Discretion pages 304 to 308
   17. 75 Acting Under Dictation pages 309 to 310
   18. 76 Fettering a Discretion by a Self-Imposed Rule pages 311 to 313
   19. 77 Unlawful Sub-Delegation of a Discretion pages 314 to 316
   20. 78 Non-Application of Mind pages 317 to 319
   21. 79 Abuse of Discretion: Mala Fides and Improper Purpose pages 320 to 324
   22. 80 Abuse of Discretion: Irrelevant Considerations and Non-Application of Mind pages 325 to 328
   23. 81 Unreasonableness: Wednesbury and After pages 329 to 332
   24. 82 Proportionality pages 333 to 337
   25. 83 Absolute and Wide Discretion, Discrimination and Article 14 pages 338 to 340
   26. 84 Liversidge v Anderson and Subjective Satisfaction pages 341 to 343
   27. 85 Padfield: A Discretion Must Serve the Policy and Objects of the Act pages 344 to 346
   28. 86 Subjective Satisfaction and the Reach of Review pages 347 to 351
   29. 87 Subjective Satisfaction in India after Barium Chemicals pages 352 to 354
   30. 88 Judicial Review of Administrative Discretion in India pages 355 to 359
   31. 89 Policy, Political Questions and Non-Justiciability pages 360 to 362
   32. 90 Contracts, Tenders and Economic Policy pages 363 to 365
   33. 91 Self-Restraint and the Separation of Powers pages 366 to 368
   34. 92 Procedural Fairness and the Principles of Natural Justice pages 369 to 371
   35. 93 Ridge v Baldwin and the Revival of Natural Justice pages 372 to 374
   36. 94 Nemo Judex in Causa Sua: The Rule Against Bias pages 375 to 377
   37. 95 The Kinds of Bias pages 378 to 380
   38. 96 The Test for Bias pages 381 to 382
   39. 97 The Doctrine of Necessity pages 383 to 384
   40. 98 Audi Alteram Partem: The Right to a Fair Hearing pages 385 to 387
   41. 99 What a Fair Hearing Contains pages 388 to 390
   42. 100 Notice, Disclosure and the Materials Relied On pages 391 to 393
   43. 101 Cross-Examination and Legal Representation pages 394 to 396
   44. 102 Institutional Decisions: He Who Decides Must Hear pages 397 to 399
   45. 103 Pre-Decisional and Post-Decisional Hearing pages 400 to 402
   46. 104 Swadeshi Cotton Mills and the Post-Decisional Hearing pages 403 to 405
   47. 105 Exclusion of Natural Justice pages 406 to 408
   48. 106 The Useless Formality Theory pages 409 to 411
   49. 107 Void or Voidable: The Effect of a Breach of Natural Justice pages 412 to 414
   50. 108 Failure to Give Reasons: The Reasoned Decision pages 415 to 417
   51. 109 Maneka Gandhi and the Hearing Requirement in Administrative Action pages 418 to 420
   52. 110 Natural Justice under Articles 14 and 21 pages 421 to 423
   53. 111 Due Process in India pages 424 to 426
   54. 112 The Doctrine of Legitimate Expectation pages 427 to 429
   55. 113 Legitimate Expectation in India: Procedural and Substantive pages 430 to 433

   Module III 20 chapters

   1. 114 The Civil Services: The Permanent Executive pages 434 to 438
   2. 115 The Constitutional Provisions on the Civil Services pages 439 to 443
   3. 116 Article 311 and the Protection of Civil Servants pages 444 to 448
   4. 117 The Public Service Commissions pages 449 to 453
   5. 118 The Role of the Civil Servant as an Administrator pages 454 to 457
   6. 119 Natural Justice in Service Cases: Article 311 pages 458 to 460
   7. 120 Tortious Liability of the State pages 461 to 466
   8. 121 Sovereign and Non-Sovereign Functions pages 467 to 473
   9. 122 Redress Against the State in India pages 474 to 478
   10. 123 Redress Against the State in the United Kingdom and France pages 479 to 482
   11. 124 Suit for Damages and the Tortious Liability of the State pages 483 to 485
   12. 125 Liability for What the Police Do: Arrest, Custody and Force pages 486 to 491
   13. 126 Act of State and Statutory Immunity pages 492 to 497
   14. 127 Contractual Liability of the State pages 498 to 504
   15. 128 Responsibility and Accountability of Administrators pages 505 to 508
   16. 129 The Machinery of Accountability pages 509 to 513
   17. 130 The Courts as a Check on Administrative Lawlessness pages 514 to 518
   18. 131 Personal Accountability: Making the Officer Pay pages 519 to 524
   19. 132 Constitutional Tort: Compensation for the Breach of Fundamental Rights pages 525 to 530
   20. 133 Compensation in Public Law pages 531 to 534

   Module IV 19 chapters

   1. 134 Transparency and the Right to Information: a Constitutional Imperative pages 535 to 541
   2. 135 The Supreme Court and the Right to Know pages 542 to 545
   3. 136 The RTI Act 2005: Object, Application, Definitions and Salient Features pages 546 to 552
   4. 137 The Definitions of the RTI Act pages 553 to 557
   5. 138 Obligations of Public Authorities and How a Request Is Made pages 558 to 564
   6. 139 Exemptions from Disclosure pages 565 to 571
   7. 140 Privacy and the Right to Information pages 572 to 576
   8. 141 The Central and State Information Commissions pages 577 to 583
   9. 142 Appeals and Penalties under the RTI Act pages 584 to 590
   10. 143 Hurdles in the Implementation of the RTI Act pages 591 to 598
   11. 144 The Official Secrets Act, 1923 pages 599 to 603
   12. 145 The Official Secrets Act and the RTI Act pages 604 to 607
   13. 146 Government Privilege in Legal Proceedings and State Secrets pages 608 to 613
   14. 147 Security of Staff and Control on Information pages 614 to 619
   15. 148 The Public Records Act, 1993 pages 620 to 624
   16. 149 The Public Records Rules, 1997 pages 625 to 628
   17. 150 Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution pages 629 to 637
   18. 151 Estoppel and Waiver against the Government pages 638 to 644
   19. 152 Promissory Estoppel Against the State After Motilal pages 645 to 651

   Module V 136 chapters

   1. 153 What Maladministration Is pages 652 to 656
   2. 154 Where the Ombudsman Begins: Sweden, 1809 pages 657 to 660
   3. 155 The Classical Model Spreads: Denmark and New Zealand pages 661 to 664
   4. 156 Britain's Parliamentary Commissioner for Administration pages 665 to 668
   5. 157 What Makes an Ombudsman an Ombudsman pages 669 to 673
   6. 158 The Ombudsman's Weakness: Recommendation Without Power pages 674 to 677
   7. 159 Grievance Redress, and the Statute India Never Passed pages 678 to 682
   8. 160 A Worked Comparison: Lokpal, Lokayukta and the Ombudsman Abroad pages 683 to 687
   9. 161 India Before the Lokpal: the Santhanam Committee pages 688 to 691
   10. 162 The First Administrative Reforms Commission and the Lokpal Proposal pages 692 to 695
   11. 163 Forty-Five Years of Failed Bills pages 696 to 699
   12. 164 The Agitation of 2011 and the Making of the Act pages 700 to 703
   13. 165 The Lokpal and Lokayuktas Act 2013: the Architecture pages 704 to 709
   14. 166 The Lokpal Established: Composition and Qualifications pages 710 to 715
   15. 167 Tenure, Salary, Removal and Staff pages 716 to 721
   16. 168 The Inquiry Wing and the Prosecution Wing pages 722 to 726
   17. 169 Who the Lokpal May Inquire Into, Including the Prime Minister pages 727 to 732
   18. 170 Benches, Transfer of Cases, and Decision by Majority pages 733 to 736
   19. 171 Complaint, Preliminary Inquiry and the Right to be Heard pages 737 to 742
   20. 172 Sanction for Prosecution, and Action Against a Minister pages 743 to 747
   21. 173 The Lokpal's Powers: Supervision, Search and the Powers of a Civil Court pages 748 to 752
   22. 174 Attachment, Confiscation, and the Rest of the Powers pages 753 to 758
   23. 175 Complaints Against the Lokpal Itself, and the Money pages 759 to 764
   24. 176 The Declaration of Assets, and the Amendment of 2016 pages 765 to 769
   25. 177 Offences, Penalties, and the Reports pages 770 to 775
   26. 178 Protections, Limitation, and the Bar of Jurisdiction pages 776 to 780
   27. 179 The Rest of the Lokpal Act pages 781 to 786
   28. 180 Section 63 and the Duty of Every State to Establish a Lokayukta pages 787 to 790
   29. 181 Why the First Lokpal Took Office Only in 2019 pages 791 to 795
   30. 182 The Lokayuktas of the States pages 796 to 800
   31. 183 Lokayukta in Karnataka: the Karnataka Lokayukta Act 1984 pages 801 to 812
   32. 184 What a Commission of Inquiry Is For pages 813 to 817
   33. 185 The Public Servants (Inquiries) Act 1850, and Its Repeal pages 818 to 822
   34. 186 The English Model: the Tribunals of Inquiry (Evidence) Act 1921 pages 823 to 827
   35. 187 The Commissions of Inquiry Act 1952: Extent and Definitions pages 828 to 832
   36. 188 Appointing a Commission: Section 3 pages 833 to 838
   37. 189 The Commission's Composition, Staff and Assessors pages 839 to 843
   38. 190 The Powers of a Civil Court: Section 5 pages 844 to 848
   39. 191 Statements Before a Commission: Sections 6 and 6A pages 849 to 853
   40. 192 Vacancy, Cesser and the Continuity of an Inquiry pages 854 to 858
   41. 193 Sections 8B and 8C: the Right to be Heard and to Cross-Examine pages 859 to 863
   42. 194 Additional Powers, Search and Seizure pages 864 to 868
   43. 195 Offences Before a Commission, and the Rule-Making Power pages 869 to 873
   44. 196 The Commission Is Not a Court pages 874 to 878
   45. 197 The Report Is Recommendatory: Proprio Vigore pages 879 to 883
   46. 198 How Much Natural Justice Is Owed Before a Commission pages 884 to 888
   47. 199 Challenging the Notification pages 889 to 894
   48. 200 What Happens to the Report pages 895 to 898
   49. 201 What a Report Cannot Do to the Criminal Process pages 899 to 903
   50. 202 The Great Indian Commissions and What Became of Their Reports pages 904 to 907
   51. 203 Delay, Cost and the Practical Case Against the Present Act pages 908 to 912
   52. 204 The Reforms This Act Needs pages 913 to 917
   53. 205 What Vigilance Means in Indian Administration pages 918 to 922
   54. 206 Before 2003: the Resolution of 1964 pages 923 to 927
   55. 207 Vineet Narain and the Direction to Give the CVC Statutory Status pages 928 to 935
   56. 208 The Central Vigilance Commission Act 2003: the Architecture pages 936 to 940
   57. 209 The Constitution of the Commission: Section 3 pages 941 to 945
   58. 210 Appointment, and the Doctrine of Institutional Integrity pages 946 to 951
   59. 211 Terms of Office, the Oath, and Removal pages 952 to 958
   60. 212 The Functions and Powers of the Commission pages 959 to 965
   61. 213 Proceedings, and the Powers of a Civil Court pages 966 to 972
   62. 214 Expenses, the Annual Report, and Protection pages 973 to 979
   63. 215 Reports, Information, and Consultation pages 980 to 985
   64. 216 Rules, Regulations, and the Tail of the Act pages 986 to 995
   65. 217 The Chief Vigilance Officer pages 996 to 1,000
   66. 218 First and Second Stage Advice pages 1,001 to 1,005
   67. 219 State Vigilance Commissions pages 1,006 to 1,011
   68. 220 The Commission and the Lokpal pages 1,012 to 1,017
   69. 221 What Corruption Is in Law pages 1,018 to 1,026
   70. 222 Criminal Misconduct, and the Sanction to Prosecute pages 1,027 to 1,035
   71. 223 Is the Central Vigilance Commission an Ombudsman pages 1,036 to 1,040
   72. 224 The Weaknesses of the Central Vigilance Commission pages 1,041 to 1,048
   73. 225 What the Central Bureau of Investigation Actually Is pages 1,049 to 1,054
   74. 226 The War-Time Origin pages 1,055 to 1,059
   75. 227 The Act of 1946, Read Section by Section pages 1,060 to 1,065
   76. 228 Superintendence: Section 4 pages 1,066 to 1,071
   77. 229 The Director, and the Committee pages 1,072 to 1,078
   78. 230 Offences, and the Extension of Powers pages 1,079 to 1,083
   79. 231 The Consent of the State pages 1,084 to 1,089
   80. 232 The Agency Without Consent pages 1,090 to 1,095
   81. 233 Section 6A, Struck Down Twice pages 1,096 to 1,103
   82. 234 The Organisation of the Agency pages 1,104 to 1,109
   83. 235 How a Case Begins pages 1,110 to 1,116
   84. 236 The Court-Monitored Investigation pages 1,117 to 1,121
   85. 237 The Caged Parrot pages 1,122 to 1,127
   86. 238 The Agency and the Right to Information pages 1,128 to 1,131
   87. 239 The Challenge to the Agency's Existence pages 1,132 to 1,137
   88. 240 Further Investigation and Fresh Investigation pages 1,138 to 1,142
   89. 241 The Other Central Agencies pages 1,143 to 1,148
   90. 242 How an Agency Is Insulated pages 1,149 to 1,155
   91. 243 The Case for a Central Bureau of Investigation Act pages 1,156 to 1,161
   92. 244 Why a Legislature Inquires pages 1,162 to 1,166
   93. 245 The Two Sources pages 1,167 to 1,171
   94. 246 Articles 105 and 194 pages 1,172 to 1,178
   95. 247 Privilege and Fundamental Rights pages 1,179 to 1,184
   96. 248 Contempt of the House pages 1,185 to 1,191
   97. 249 The Financial Committees pages 1,192 to 1,196
   98. 250 The Public Accounts Committee and the Comptroller and Auditor General pages 1,197 to 1,201
   99. 251 The Standing Committees pages 1,202 to 1,206
   100. 252 Select and Joint Committees pages 1,207 to 1,212
   101. 253 The Committee of Privileges pages 1,213 to 1,218
   102. 254 The Other Scrutiny Committees pages 1,219 to 1,223
   103. 255 The Powers of a Committee pages 1,224 to 1,228
   104. 256 The Limits of a Committee Inquiry pages 1,229 to 1,234
   105. 257 Judicial Review of Privilege pages 1,235 to 1,240
   106. 258 Bribery, and the Immunity That Ended pages 1,241 to 1,248
   107. 259 A Committee Report in a Court pages 1,249 to 1,254
   108. 260 Where the Committee System Is Written pages 1,255 to 1,260
   109. 261 The Weaknesses of the Committee System pages 1,261 to 1,266
   110. 262 What a Judicial Inquiry Is pages 1,267 to 1,271
   111. 263 Why Judges Are Treated Differently pages 1,272 to 1,277
   112. 264 Article 124(4): The Ground and the Procedure pages 1,278 to 1,283
   113. 265 Article 124(5) and the Act pages 1,284 to 1,288
   114. 266 The Motion and the Committee pages 1,289 to 1,294
   115. 267 The Inquiry and the Report pages 1,295 to 1,300
   116. 268 The Procedure on the Report pages 1,301 to 1,306
   117. 269 The Investigation Stage and the Political Stage pages 1,307 to 1,312
   118. 270 A Motion Does Not Lapse on Dissolution pages 1,313 to 1,318
   119. 271 The Judge's Right to the Report, and Review Before the House pages 1,319 to 1,325
   120. 272 Bias in the Composition of the Committee pages 1,326 to 1,333
   121. 273 The Ramaswami Proceedings, Worked in Full pages 1,334 to 1,341
   122. 274 The Removal Attempts That Reached the Courts pages 1,342 to 1,349
   123. 275 Misbehaviour Short of Removal: the In-House Procedure pages 1,350 to 1,357
   124. 276 The In-House Procedure Restated as Steps pages 1,358 to 1,366
   125. 277 The Confidentiality of an In-House Inquiry Report pages 1,367 to 1,374
   126. 278 A Judge as a Public Servant: Prosecution for Corruption pages 1,375 to 1,383
   127. 279 Contempt as the Last Resort pages 1,384 to 1,390
   128. 280 Articles 121 and 211: the Bar on Discussing a Judge pages 1,391 to 1,399
   129. 281 Inquiry BY a Judge: the Judicial Commission of Inquiry pages 1,400 to 1,405
   130. 282 Should a Serving Judge Head a Commission of Inquiry pages 1,406 to 1,412
   131. 283 Judicial Inquiry Into a Custodial Death or an Encounter pages 1,413 to 1,421
   132. 284 What Judicial Inquiries Are Worth: the Honest Assessment pages 1,422 to 1,429
   133. 285 Tribunals: Why They Exist pages 1,430 to 1,433
   134. 286 Articles 323A, 323B and the Administrative Tribunals Act 1985 pages 1,434 to 1,439
   135. 287 Tribunals After L. Chandra Kumar pages 1,440 to 1,445
   136. 288 Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 pages 1,446 to 1,455

2. Constitutionalism, Pluralism and Federalism

   Official Notes munotes.in

   Constitutionalism, Pluralism and Federalism

   KSLU LL.M. (TWO YEARS) · SEMESTER 3

   Strictly as per the 2019-20 LL.M. (Two Years) syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Second Year

   Constitutionalism, Pluralism and Federalism

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   Written and first published by munotes.in, 2026.

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   Contents

   Module I

   1. Constitutionalism, Pluralism and Federalism: What This Paper Covers, and How to Read This Book 1
   2. What Constitutionalism Means, and Why a Constitution Is Not Enough 5
   3. The Elements of Constitutionalism, Listed and Explained 11
   4. Dictatorship and the Totalitarian State: Fascism, Nazism and Soviet Communism 17
   5. Democracy: Meaning, Nature, Kinds, Merits and Defects 23
   6. Communism: The Basic Principles 28
   7. Marxism: Historical Background, Features, and Modern Communism Compared 34
   8. Limited Government: Every Power Is a Conferred Power 40
   9. What a Constitution Is, and What It Is For 45
   10. The British Constitution: A Brief History, Its Nature, Sources and Features 50
   11. Constitutional Supremacy and Parliamentary Sovereignty 56
   12. Conventions and Law Distinguished 61
   13. Dicey: the Law and the Conventions of the Constitution 65
   14. The Conventions of the United Kingdom 69
   15. The Constitution of the United States in Outline 74
   16. The Written Constitutions of Canada and Australia 80
   17. The Written Constitutions of Sweden and South Africa 86
   18. The Preamble, and What a Court May Do With It 92

   Contents continued

   Module I continued

   1. Socialism, and the Integrity of the Nation 97
   2. Separation of Powers in the Indian Constitution 102
   3. Judicial Independence and How the Constitution Protects It 107
   4. The Rule of Law: Dicey, and What Survives of Him 113
   5. The Rule of Law Inside the Indian Constitution 119
   6. The Marxist Concept of Constitutionalism, and the Dictatorship of the Proletariat 125
   7. The Communist State from Stalin to Gorbachev 131
   8. Fundamental Rights as a Limit on Government 138
   9. Procedure Established by Law, and Due Process 145
   10. Directive Principles, and the Constitutionalism of Positive Duty 150
   11. Fundamental Duties 156
   12. Judicial Review: Where It Comes From and How Far It Goes 160
   13. The Amending Power, and the Road to Kesavananda 166
   14. The Basic Structure Doctrine 171
   15. Basic Structure After Kesavananda 176
   16. Constitutional Morality 182
   17. The Institutions That Hold a Government to Account 187
   18. Emergency, and the Constitutionalism the Forty-fourth Amendment Put Back 193

   Contents continued

   Module I continued

   1. Where Indian Constitutionalism Is Under Strain 198
   2. The European Convention and the European Court of Human Rights 203
   3. The Other Regional Systems 211
   4. The Two Covenants of 1966 218
   5. Race, Women and Children: Three More Conventions 225
   6. The Doctrine of Domestic Jurisdiction 232

   Module II

   1. What a Federation Is 238
   2. Federal, Unitary and Confederal Government Compared 243
   3. Conditions Requisite for Federalism 247
   4. India and the United States Compared 253
   5. Australia, Canada, and How a Federation Umpires Itself 257
   6. Is India a Federation? The Quasi-Federal Argument 262
   7. The Federal Features of the Indian Constitution 267
   8. The Union and Its Territory: Articles 1 to 4 272
   9. States Reorganisation, and the Language Question 277
   10. The Division of Legislative Power and the Three Lists 282
   11. Pith and Substance, Colourable Legislation and Incidental Encroachment 288

   Contents continued

   Module II continued

   1. Repugnancy: Article 254 294
   2. Residuary Power, and Parliament's Power Over the State List 299
   3. Territorial Nexus and Extra-territorial Operation 304
   4. Administrative Relations Between the Union and the States 308
   5. Financial Relations and the Finance Commission 313
   6. Goods and Services Tax: Article 246A and the GST Council 319
   7. Freedom of Trade, Commerce and Intercourse: Articles 301 to 307 324
   8. Inter-State Rivers: Article 262 330
   9. The All India Services 335
   10. The Governor: Appointment, Discretion and Assent 340
   11. President's Rule: Article 356 and S.R. Bommai 347
   12. National Emergency, and What It Does to the Federal Balance 353
   13. Judicial Review in the Federal Framework: The Court as Umpire 358
   14. Disputes Between the Union and a State: Article 131 364
   15. Co-operative Federalism and Federal Comity 369
   16. The Inter-State Council, and Cooperative Federalism 373
   17. Central Control Against State Autonomy 378
   18. The Commissions on Centre-State Relations 383

   Contents continued

   Module II continued

   1. Political Factors Influencing Federalism 387
   2. Asymmetric Federalism 392
   3. Article 370 and the Status of Jammu and Kashmir 397
   4. The 2019 Change, and In Re Article 370 402
   5. Punjab and Assam: Plural Pressures on Indian Federalism 407
   6. The North East: Articles 371A to 371J and the Sixth Schedule 413
   7. Delhi: Article 239AA and the Dispute Over Services 418
   8. Union Territories 424
   9. The Third Tier: Panchayats and Municipalities 428
   10. Federalism as a Dynamic Process 434

   Module III

   1. What Pluralism Means 438
   2. India as a Plural Society 442
   3. Ethnic Pluralism 446
   4. Linguistic Pluralism, and Part XVII 451
   5. Cultural Pluralism 458
   6. Political Pluralism 462
   7. Multiculturalism, and the Indian Version of It 467
   8. The Right to Dissent 471

   Contents continued

   Module III continued

   1. Freedom of Speech and Expression 478
   2. The Press in a Plural Society 485
   3. Hate Speech, and the Limits of Toleration 492
   4. Freedom of Association 499
   5. Rights to Separateness 504
   6. Religious Pluralism 510
   7. Freedom of Religion: Articles 25 to 28 515
   8. Essential Religious Practices 521
   9. Who Is a Minority 526
   10. The Rights of Minorities: Articles 29 and 30 532
   11. Minority Educational Institutions 538
   12. The National Commission for Minorities 544
   13. Compensatory Discrimination as a Doctrine 549
   14. Article 15(4) and 15(5): Special Provision for Backward Classes 555
   15. Article 16: Equality of Opportunity in Public Employment 561
   16. Indra Sawhney: The Mandal Judgment 568
   17. Creamy Layer, the Fifty Per Cent Ceiling, and What Has Happened to Both 574
   18. Reservation in Promotion 580

   Contents continued

   Module III continued

   1. Sub-classification Inside a Reserved Class 585
   2. Who Decides Which Classes Are Backward 591
   3. Article 15(6): The Economically Weaker Sections 597
   4. The Protections Given to Women 603
   5. The Protections Given to the Scheduled Castes and the Scheduled Tribes 610
   6. The Fifth Schedule and the Scheduled Areas 617
   7. Scheduled Tribes: Distinct Identity, Customary Law and the Exclusion from Hindu Law 622
   8. What Pluralism Is Up Against 628

   Module IV

   1. Article 44, and Exactly What It Says 636
   2. The Constituent Assembly Debate on Article 44 642
   3. The Personal Law Systems of India 650
   4. Legal Pluralism, and Personal Law 656
   5. Non-State Law Systems and State Law Systems, and Personal Law as Vertical Federalism 661
   6. Is Personal Law 'Law' Under Article 13 667
   7. Shah Bano, and the Statute That Followed It 673
   8. Sarla Mudgal and Lily Thomas 680

   Contents continued

   Module IV continued

   1. John Vallamattom, Ahmedabad Women Action Group and Pannalal Bansilal 686
   2. Shayara Bano, and the Act of 2019 691
   3. Goa, and Jose Paulo Coutinho 697
   4. The Special Marriage Act as an Optional Code 702
   5. The Case For a Uniform Civil Code 709
   6. The Case Against It, and the Middle Way 715
   7. What the Law Commission Has Said, Twice 722
   8. Uttarakhand 2024: The First State Code 728
   9. Article 14: Equality Before Law and Equal Protection of the Laws 736
   10. The Doctrine of Reasonable Classification 742
   11. Arbitrariness: The Newer Doctrine 749
   12. Equating Equals With Unequals 755
   13. Article 15: No Discrimination on the Prohibited Grounds 761
   14. Equality and Transgender Persons 768
   15. Equality and Disability 776
   16. Article 18: Titles 783
   17. Caste, and the Abolition of Untouchability 788
   18. Article 17 and the Untouchability Statutes 797

   Contents continued

   Module IV continued

   1. Secularism in the Preamble, and the Forty-second Amendment 803
   2. Secularism as India Practises It 809
   3. Tribal Pluralism 815

   Module V

   1. Why a Constitutional Paper Ends in International Law 823
   2. The Universal Declaration of Human Rights, 1948 829
   3. How the Constitution Mirrors the Universal Declaration 836
   4. The Convention Against Genocide 842
   5. Genocide in Practice: What the Courts Have Made of the Convention 848
   6. Minorities in International Law 855
   7. The 1992 Declaration on the Rights of Persons Belonging to Minorities 862
   8. Indigenous and Tribal Peoples in International Law 868
   9. State Intervention for the Protection of Human Rights 874
   10. How International Law Enters Indian Law 879
   11. The Protection of Human Rights Act 1993 and the Commission 886
   12. Refugees and Statelessness, and Where India Stands 895
   13. The Right of Self-determination 907
   14. Self-determination in Practice 915

   Page 1 onwards

   921 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 921 pages.

   Papers

   Previous year question paper solutions. 2015

   Every chapter in the notes: 158 chapters across 5 modules

   Module I 42 chapters

   1. 1 Constitutionalism, Pluralism and Federalism: What This Paper Covers, and How to Read This Book pages 1 to 4
   2. 2 What Constitutionalism Means, and Why a Constitution Is Not Enough pages 5 to 10
   3. 3 The Elements of Constitutionalism, Listed and Explained pages 11 to 16
   4. 4 Dictatorship and the Totalitarian State: Fascism, Nazism and Soviet Communism pages 17 to 22
   5. 5 Democracy: Meaning, Nature, Kinds, Merits and Defects pages 23 to 27
   6. 6 Communism: The Basic Principles pages 28 to 33
   7. 7 Marxism: Historical Background, Features, and Modern Communism Compared pages 34 to 39
   8. 8 Limited Government: Every Power Is a Conferred Power pages 40 to 44
   9. 9 What a Constitution Is, and What It Is For pages 45 to 49
   10. 10 The British Constitution: A Brief History, Its Nature, Sources and Features pages 50 to 55
   11. 11 Constitutional Supremacy and Parliamentary Sovereignty pages 56 to 60
   12. 12 Conventions and Law Distinguished pages 61 to 64
   13. 13 Dicey: the Law and the Conventions of the Constitution pages 65 to 68
   14. 14 The Conventions of the United Kingdom pages 69 to 73
   15. 15 The Constitution of the United States in Outline pages 74 to 79
   16. 16 The Written Constitutions of Canada and Australia pages 80 to 85
   17. 17 The Written Constitutions of Sweden and South Africa pages 86 to 91
   18. 18 The Preamble, and What a Court May Do With It pages 92 to 96
   19. 19 Socialism, and the Integrity of the Nation pages 97 to 101
   20. 20 Separation of Powers in the Indian Constitution pages 102 to 106
   21. 21 Judicial Independence and How the Constitution Protects It pages 107 to 112
   22. 22 The Rule of Law: Dicey, and What Survives of Him pages 113 to 118
   23. 23 The Rule of Law Inside the Indian Constitution pages 119 to 124
   24. 24 The Marxist Concept of Constitutionalism, and the Dictatorship of the Proletariat pages 125 to 130
   25. 25 The Communist State from Stalin to Gorbachev pages 131 to 137
   26. 26 Fundamental Rights as a Limit on Government pages 138 to 144
   27. 27 Procedure Established by Law, and Due Process pages 145 to 149
   28. 28 Directive Principles, and the Constitutionalism of Positive Duty pages 150 to 155
   29. 29 Fundamental Duties pages 156 to 159
   30. 30 Judicial Review: Where It Comes From and How Far It Goes pages 160 to 165
   31. 31 The Amending Power, and the Road to Kesavananda pages 166 to 170
   32. 32 The Basic Structure Doctrine pages 171 to 175
   33. 33 Basic Structure After Kesavananda pages 176 to 181
   34. 34 Constitutional Morality pages 182 to 186
   35. 35 The Institutions That Hold a Government to Account pages 187 to 192
   36. 36 Emergency, and the Constitutionalism the Forty-fourth Amendment Put Back pages 193 to 197
   37. 37 Where Indian Constitutionalism Is Under Strain pages 198 to 202
   38. 38 The European Convention and the European Court of Human Rights pages 203 to 210
   39. 39 The Other Regional Systems pages 211 to 217
   40. 40 The Two Covenants of 1966 pages 218 to 224
   41. 41 Race, Women and Children: Three More Conventions pages 225 to 231
   42. 42 The Doctrine of Domestic Jurisdiction pages 232 to 237

   Module II 39 chapters

   1. 43 What a Federation Is pages 238 to 242
   2. 44 Federal, Unitary and Confederal Government Compared pages 243 to 246
   3. 45 Conditions Requisite for Federalism pages 247 to 252
   4. 46 India and the United States Compared pages 253 to 256
   5. 47 Australia, Canada, and How a Federation Umpires Itself pages 257 to 261
   6. 48 Is India a Federation? The Quasi-Federal Argument pages 262 to 266
   7. 49 The Federal Features of the Indian Constitution pages 267 to 271
   8. 50 The Union and Its Territory: Articles 1 to 4 pages 272 to 276
   9. 51 States Reorganisation, and the Language Question pages 277 to 281
   10. 52 The Division of Legislative Power and the Three Lists pages 282 to 287
   11. 53 Pith and Substance, Colourable Legislation and Incidental Encroachment pages 288 to 293
   12. 54 Repugnancy: Article 254 pages 294 to 298
   13. 55 Residuary Power, and Parliament's Power Over the State List pages 299 to 303
   14. 56 Territorial Nexus and Extra-territorial Operation pages 304 to 307
   15. 57 Administrative Relations Between the Union and the States pages 308 to 312
   16. 58 Financial Relations and the Finance Commission pages 313 to 318
   17. 59 Goods and Services Tax: Article 246A and the GST Council pages 319 to 323
   18. 60 Freedom of Trade, Commerce and Intercourse: Articles 301 to 307 pages 324 to 329
   19. 61 Inter-State Rivers: Article 262 pages 330 to 334
   20. 62 The All India Services pages 335 to 339
   21. 63 The Governor: Appointment, Discretion and Assent pages 340 to 346
   22. 64 President's Rule: Article 356 and S.R. Bommai pages 347 to 352
   23. 65 National Emergency, and What It Does to the Federal Balance pages 353 to 357
   24. 66 Judicial Review in the Federal Framework: The Court as Umpire pages 358 to 363
   25. 67 Disputes Between the Union and a State: Article 131 pages 364 to 368
   26. 68 Co-operative Federalism and Federal Comity pages 369 to 372
   27. 69 The Inter-State Council, and Cooperative Federalism pages 373 to 377
   28. 70 Central Control Against State Autonomy pages 378 to 382
   29. 71 The Commissions on Centre-State Relations pages 383 to 386
   30. 72 Political Factors Influencing Federalism pages 387 to 391
   31. 73 Asymmetric Federalism pages 392 to 396
   32. 74 Article 370 and the Status of Jammu and Kashmir pages 397 to 401
   33. 75 The 2019 Change, and In Re Article 370 pages 402 to 406
   34. 76 Punjab and Assam: Plural Pressures on Indian Federalism pages 407 to 412
   35. 77 The North East: Articles 371A to 371J and the Sixth Schedule pages 413 to 417
   36. 78 Delhi: Article 239AA and the Dispute Over Services pages 418 to 423
   37. 79 Union Territories pages 424 to 427
   38. 80 The Third Tier: Panchayats and Municipalities pages 428 to 433
   39. 81 Federalism as a Dynamic Process pages 434 to 437

   Module III 34 chapters

   1. 82 What Pluralism Means pages 438 to 441
   2. 83 India as a Plural Society pages 442 to 445
   3. 84 Ethnic Pluralism pages 446 to 450
   4. 85 Linguistic Pluralism, and Part XVII pages 451 to 457
   5. 86 Cultural Pluralism pages 458 to 461
   6. 87 Political Pluralism pages 462 to 466
   7. 88 Multiculturalism, and the Indian Version of It pages 467 to 470
   8. 89 The Right to Dissent pages 471 to 477
   9. 90 Freedom of Speech and Expression pages 478 to 484
   10. 91 The Press in a Plural Society pages 485 to 491
   11. 92 Hate Speech, and the Limits of Toleration pages 492 to 498
   12. 93 Freedom of Association pages 499 to 503
   13. 94 Rights to Separateness pages 504 to 509
   14. 95 Religious Pluralism pages 510 to 514
   15. 96 Freedom of Religion: Articles 25 to 28 pages 515 to 520
   16. 97 Essential Religious Practices pages 521 to 525
   17. 98 Who Is a Minority pages 526 to 531
   18. 99 The Rights of Minorities: Articles 29 and 30 pages 532 to 537
   19. 100 Minority Educational Institutions pages 538 to 543
   20. 101 The National Commission for Minorities pages 544 to 548
   21. 102 Compensatory Discrimination as a Doctrine pages 549 to 554
   22. 103 Article 15(4) and 15(5): Special Provision for Backward Classes pages 555 to 560
   23. 104 Article 16: Equality of Opportunity in Public Employment pages 561 to 567
   24. 105 Indra Sawhney: The Mandal Judgment pages 568 to 573
   25. 106 Creamy Layer, the Fifty Per Cent Ceiling, and What Has Happened to Both pages 574 to 579
   26. 107 Reservation in Promotion pages 580 to 584
   27. 108 Sub-classification Inside a Reserved Class pages 585 to 590
   28. 109 Who Decides Which Classes Are Backward pages 591 to 596
   29. 110 Article 15(6): The Economically Weaker Sections pages 597 to 602
   30. 111 The Protections Given to Women pages 603 to 609
   31. 112 The Protections Given to the Scheduled Castes and the Scheduled Tribes pages 610 to 616
   32. 113 The Fifth Schedule and the Scheduled Areas pages 617 to 621
   33. 114 Scheduled Tribes: Distinct Identity, Customary Law and the Exclusion from Hindu Law pages 622 to 627
   34. 115 What Pluralism Is Up Against pages 628 to 635

   Module IV 29 chapters

   1. 116 Article 44, and Exactly What It Says pages 636 to 641
   2. 117 The Constituent Assembly Debate on Article 44 pages 642 to 649
   3. 118 The Personal Law Systems of India pages 650 to 655
   4. 119 Legal Pluralism, and Personal Law pages 656 to 660
   5. 120 Non-State Law Systems and State Law Systems, and Personal Law as Vertical Federalism pages 661 to 666
   6. 121 Is Personal Law 'Law' Under Article 13 pages 667 to 672
   7. 122 Shah Bano, and the Statute That Followed It pages 673 to 679
   8. 123 Sarla Mudgal and Lily Thomas pages 680 to 685
   9. 124 John Vallamattom, Ahmedabad Women Action Group and Pannalal Bansilal pages 686 to 690
   10. 125 Shayara Bano, and the Act of 2019 pages 691 to 696
   11. 126 Goa, and Jose Paulo Coutinho pages 697 to 701
   12. 127 The Special Marriage Act as an Optional Code pages 702 to 708
   13. 128 The Case For a Uniform Civil Code pages 709 to 714
   14. 129 The Case Against It, and the Middle Way pages 715 to 721
   15. 130 What the Law Commission Has Said, Twice pages 722 to 727
   16. 131 Uttarakhand 2024: The First State Code pages 728 to 735
   17. 132 Article 14: Equality Before Law and Equal Protection of the Laws pages 736 to 741
   18. 133 The Doctrine of Reasonable Classification pages 742 to 748
   19. 134 Arbitrariness: The Newer Doctrine pages 749 to 754
   20. 135 Equating Equals With Unequals pages 755 to 760
   21. 136 Article 15: No Discrimination on the Prohibited Grounds pages 761 to 767
   22. 137 Equality and Transgender Persons pages 768 to 775
   23. 138 Equality and Disability pages 776 to 782
   24. 139 Article 18: Titles pages 783 to 787
   25. 140 Caste, and the Abolition of Untouchability pages 788 to 796
   26. 141 Article 17 and the Untouchability Statutes pages 797 to 802
   27. 142 Secularism in the Preamble, and the Forty-second Amendment pages 803 to 808
   28. 143 Secularism as India Practises It pages 809 to 814
   29. 144 Tribal Pluralism pages 815 to 822

   Module V 14 chapters

   1. 145 Why a Constitutional Paper Ends in International Law pages 823 to 828
   2. 146 The Universal Declaration of Human Rights, 1948 pages 829 to 835
   3. 147 How the Constitution Mirrors the Universal Declaration pages 836 to 841
   4. 148 The Convention Against Genocide pages 842 to 847
   5. 149 Genocide in Practice: What the Courts Have Made of the Convention pages 848 to 854
   6. 150 Minorities in International Law pages 855 to 861
   7. 151 The 1992 Declaration on the Rights of Persons Belonging to Minorities pages 862 to 867
   8. 152 Indigenous and Tribal Peoples in International Law pages 868 to 873
   9. 153 State Intervention for the Protection of Human Rights pages 874 to 878
   10. 154 How International Law Enters Indian Law pages 879 to 885
   11. 155 The Protection of Human Rights Act 1993 and the Commission pages 886 to 894
   12. 156 Refugees and Statelessness, and Where India Stands pages 895 to 906
   13. 157 The Right of Self-determination pages 907 to 914
   14. 158 Self-determination in Practice pages 915 to 921
   Every paper that is solved: 1 paper

   • 2015 Dec

3. National Security, Public Order and Rule of Law

   Official Notes munotes.in

   National Security, Public Order and Rule of Law

   KSLU LL.M. (TWO YEARS) · SEMESTER 3

   Strictly as per the 2019-20 LL.M. (Two Years) syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Second Year

   National Security, Public Order and Rule of Law

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. National Security, Public Order and Rule of Law: What This Paper Covers, and How to Read This Book 1
   2. The Three Ideas in the Title, and How They Pull Against Each Other 5
   3. National Security: What the Phrase Means in Law 10
   4. Who May Legislate: Public Order and Security in the Seventh Schedule 16
   5. Keeping Public Order: The Executive's Ordinary Powers 21
   6. Offences Against Public Tranquillity Under the Bharatiya Nyaya Sanhita 29
   7. Offences Against the State, and What Replaced Sedition 35
   8. Rule of Law: Dicey's Three Meanings 42
   9. Rule of Law: The Modern Formulations 48
   10. Rule of Law in the Indian Constitution 53
   11. Rule by Law, and Why the Difference Decides This Paper 58
   12. Civil Liberties: The Idea 62
   13. Civil Liberties in England 67
   14. Habeas Corpus in England, and the Wartime Detention Cases 72
   15. Emergency Detention in England After 1945 78
   16. Subjective Satisfaction, and How Far a Court May Examine It 85
   17. Civil Liberties Under Pre-Independence Law in India 91
   18. The Rowlatt Act 1919 and What Followed 97

   Contents continued

   Module I continued

   1. The Position of Pre-Independence Laws Under the Constitution 101
   2. Article 13, and the Doctrine of Eclipse 106

   Module II

   1. What Preventive Detention Is 111
   2. Punitive Detention and Preventive Detention Distinguished 115
   3. Where the Power Comes From: Entry 9 of List I and Entry 3 of List III 119
   4. Article 22 Read Whole 123
   5. Article 22(1) and 22(2): The Rights of an Arrested Person 128
   6. Article 22(3): Who Loses Those Rights 132
   7. Article 22(4): The Three Month Rule and the Advisory Board 136
   8. Article 22(5): The Grounds and the Right of Representation 141
   9. Article 22(6): The Privilege Against Disclosure 145
   10. Article 22(7): What Parliament May Prescribe 149
   11. The Article 22 the 44th Amendment Wrote, and Which Was Never Brought Into Force 153
   12. A.K. Gopalan and the Compartment Theory 158
   13. Maneka Gandhi, and What It Did to Preventive Detention 162
   14. The Grounds of Detention: Vague, Irrelevant and Stale 166
   15. The Live Link, and Delay in Passing the Order 170

   Contents continued

   Module II continued

   1. Non-Application of Mind, and the Mechanical Order 173
   2. Communicating the Grounds, and the Language the Detenu Understands 176
   3. The Documents Relied On, and the Right to an Effective Representation 180
   4. Delay in Deciding the Representation 184
   5. The Advisory Board in Practice, and A.K. Roy 188
   6. Detention of a Person Already in Custody 193
   7. Revocation, and a Second Detention on the Same Facts 197
   8. The National Security Act 1980 201
   9. The National Security Act: From Order to Release 207
   10. The State Detention Laws, and Karnataka's Act of 1985 211
   11. The Safeguards Gathered, and the Safeguards Against Misuse 217
   12. The Scope and the Limits of the Power 221
   13. The Recent Judicial Trend on Preventive Detention 225
   14. Preventive Detention: A Worked Problem 230
   15. The Emergency Provisions in Outline 235
   16. Article 352: The Proclamation 240
   17. The Grounds, and the Safeguards the 44th Amendment Added 245
   18. What a Proclamation Switches On 250

   Contents continued

   Module II continued

   1. President's Rule and Financial Emergency, in Outline 255
   2. The Three Proclamations: 1962, 1971 and 1975 262
   3. The 1975 Emergency and Its Effects 267
   4. The Need, the Declaration, the Effect and the Consequences 273

   Module III

   1. What Exceptional Legislation Is 278
   2. Exceptional Legislation to Curb Economic Offences 282
   3. COFEPOSA: Nature, Scope and Salient Features 286
   4. COFEPOSA 1974 as a Detention Law 290
   5. SAFEMA and the Forfeiture Arm 296
   6. The Other Legislations Against Economic Offenders 301
   7. TADA 1987: The Scheme 307
   8. Kartar Singh v. State of Punjab 315
   9. TADA in Practice, and the NHRC's Comments 321
   10. The Protection of Human Rights Act 1993 and the NHRC 328
   11. Why Such Laws Are Called Draconian 336
   12. POTA 2002, and PUCL v. Union of India 341
   13. The UAPA 1967: Unlawful Associations 351
   14. The UAPA: The Terrorist Act and the Terrorist Organisation 358

   Contents continued

   Module III continued

   1. The UAPA: Section 43D(5) and Bail 366
   2. MCOCA and Organised Crime 372
   3. The Armed Forces (Special Powers) Act 1958 380
   4. Naga People's Movement of Human Rights v. Union of India 386
   5. Special Courts 393
   6. Tribunals: Articles 323A and 323B 398
   7. Tribunals After L. Chandra Kumar 402
   8. Due Process: The Term, and Where It Comes From 406
   9. Why Article 21 Says 'Procedure Established by Law' 410
   10. Due Process After Maneka 414
   11. Due Process and Special Legislation 418
   12. The Reverse Burden and the Presumption of Innocence 422
   13. Confessions to Police Officers Under Special Statutes 426
   14. Bail Under Special Statutes: The Twin Conditions 430
   15. The Challenges and Concerns, Stated Fairly 435
   16. Exceptional Legislation and the Rule of Law: An Assessment 439

   Module IV

   1. Article 19: The Freedoms and Their Limits 445
   2. National Security and the Freedom of Speech 450

   Contents continued

   Module IV continued

   1. Security of the State 456
   2. Public Order 461
   3. Law and Order, Public Order and Security of the State: The Three Concentric Circles 466
   4. Article 358 Worked Out 470
   5. The Justiciability of the Suspension of Article 19 475
   6. Article 359: The Text and the Mechanism 480
   7. The Non-Suspendability of Articles 20 and 21 485
   8. The 44th Amendment and Suspendability 489

   Module V

   1. Access to Courts: Where the Right Comes From 494
   2. Article 32 499
   3. Article 226 503
   4. Habeas Corpus in India 507
   5. What a Presidential Order Can Never Bar: Makhan Singh 511
   6. ADM Jabalpur v. Shivkant Shukla 516
   7. The Formal End of ADM Jabalpur 522
   8. The Constitution (Forty-fourth Amendment) Act 1978 525
   9. The Constitution (Fifty-ninth Amendment) Act 1988: Article 359A and Punjab 530

   Contents continued

   Module V continued

   1. Access to Courts and the Armed Forces: Articles 33 and 34 535
   2. Access to Courts in Practice: Legal Aid and Public Interest Litigation 539
   3. Martial Law: The Concept 545
   4. Martial Law in England 550
   5. Martial Law in India: Article 34 and the Indemnity Act 555
   6. Martial Law Compared With Emergency and With AFSPA 559
   7. The Indian Instance: Punjab, 1919 564
   8. National Security and Human Rights: An Assessment 569

   Page 1 onwards

   574 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 574 pages.

   Every chapter in the notes: 114 chapters across 5 modules

   Module I 20 chapters

   1. 1 National Security, Public Order and Rule of Law: What This Paper Covers, and How to Read This Book pages 1 to 4
   2. 2 The Three Ideas in the Title, and How They Pull Against Each Other pages 5 to 9
   3. 3 National Security: What the Phrase Means in Law pages 10 to 15
   4. 4 Who May Legislate: Public Order and Security in the Seventh Schedule pages 16 to 20
   5. 5 Keeping Public Order: The Executive's Ordinary Powers pages 21 to 28
   6. 6 Offences Against Public Tranquillity Under the Bharatiya Nyaya Sanhita pages 29 to 34
   7. 7 Offences Against the State, and What Replaced Sedition pages 35 to 41
   8. 8 Rule of Law: Dicey's Three Meanings pages 42 to 47
   9. 9 Rule of Law: The Modern Formulations pages 48 to 52
   10. 10 Rule of Law in the Indian Constitution pages 53 to 57
   11. 11 Rule by Law, and Why the Difference Decides This Paper pages 58 to 61
   12. 12 Civil Liberties: The Idea pages 62 to 66
   13. 13 Civil Liberties in England pages 67 to 71
   14. 14 Habeas Corpus in England, and the Wartime Detention Cases pages 72 to 77
   15. 15 Emergency Detention in England After 1945 pages 78 to 84
   16. 16 Subjective Satisfaction, and How Far a Court May Examine It pages 85 to 90
   17. 17 Civil Liberties Under Pre-Independence Law in India pages 91 to 96
   18. 18 The Rowlatt Act 1919 and What Followed pages 97 to 100
   19. 19 The Position of Pre-Independence Laws Under the Constitution pages 101 to 105
   20. 20 Article 13, and the Doctrine of Eclipse pages 106 to 110

   Module II 37 chapters

   1. 21 What Preventive Detention Is pages 111 to 114
   2. 22 Punitive Detention and Preventive Detention Distinguished pages 115 to 118
   3. 23 Where the Power Comes From: Entry 9 of List I and Entry 3 of List III pages 119 to 122
   4. 24 Article 22 Read Whole pages 123 to 127
   5. 25 Article 22(1) and 22(2): The Rights of an Arrested Person pages 128 to 131
   6. 26 Article 22(3): Who Loses Those Rights pages 132 to 135
   7. 27 Article 22(4): The Three Month Rule and the Advisory Board pages 136 to 140
   8. 28 Article 22(5): The Grounds and the Right of Representation pages 141 to 144
   9. 29 Article 22(6): The Privilege Against Disclosure pages 145 to 148
   10. 30 Article 22(7): What Parliament May Prescribe pages 149 to 152
   11. 31 The Article 22 the 44th Amendment Wrote, and Which Was Never Brought Into Force pages 153 to 157
   12. 32 A.K. Gopalan and the Compartment Theory pages 158 to 161
   13. 33 Maneka Gandhi, and What It Did to Preventive Detention pages 162 to 165
   14. 34 The Grounds of Detention: Vague, Irrelevant and Stale pages 166 to 169
   15. 35 The Live Link, and Delay in Passing the Order pages 170 to 172
   16. 36 Non-Application of Mind, and the Mechanical Order pages 173 to 175
   17. 37 Communicating the Grounds, and the Language the Detenu Understands pages 176 to 179
   18. 38 The Documents Relied On, and the Right to an Effective Representation pages 180 to 183
   19. 39 Delay in Deciding the Representation pages 184 to 187
   20. 40 The Advisory Board in Practice, and A.K. Roy pages 188 to 192
   21. 41 Detention of a Person Already in Custody pages 193 to 196
   22. 42 Revocation, and a Second Detention on the Same Facts pages 197 to 200
   23. 43 The National Security Act 1980 pages 201 to 206
   24. 44 The National Security Act: From Order to Release pages 207 to 210
   25. 45 The State Detention Laws, and Karnataka's Act of 1985 pages 211 to 216
   26. 46 The Safeguards Gathered, and the Safeguards Against Misuse pages 217 to 220
   27. 47 The Scope and the Limits of the Power pages 221 to 224
   28. 48 The Recent Judicial Trend on Preventive Detention pages 225 to 229
   29. 49 Preventive Detention: A Worked Problem pages 230 to 234
   30. 50 The Emergency Provisions in Outline pages 235 to 239
   31. 51 Article 352: The Proclamation pages 240 to 244
   32. 52 The Grounds, and the Safeguards the 44th Amendment Added pages 245 to 249
   33. 53 What a Proclamation Switches On pages 250 to 254
   34. 54 President's Rule and Financial Emergency, in Outline pages 255 to 261
   35. 55 The Three Proclamations: 1962, 1971 and 1975 pages 262 to 266
   36. 56 The 1975 Emergency and Its Effects pages 267 to 272
   37. 57 The Need, the Declaration, the Effect and the Consequences pages 273 to 277

   Module III 30 chapters

   1. 58 What Exceptional Legislation Is pages 278 to 281
   2. 59 Exceptional Legislation to Curb Economic Offences pages 282 to 285
   3. 60 COFEPOSA: Nature, Scope and Salient Features pages 286 to 289
   4. 61 COFEPOSA 1974 as a Detention Law pages 290 to 295
   5. 62 SAFEMA and the Forfeiture Arm pages 296 to 300
   6. 63 The Other Legislations Against Economic Offenders pages 301 to 306
   7. 64 TADA 1987: The Scheme pages 307 to 314
   8. 65 Kartar Singh v. State of Punjab pages 315 to 320
   9. 66 TADA in Practice, and the NHRC's Comments pages 321 to 327
   10. 67 The Protection of Human Rights Act 1993 and the NHRC pages 328 to 335
   11. 68 Why Such Laws Are Called Draconian pages 336 to 340
   12. 69 POTA 2002, and PUCL v. Union of India pages 341 to 350
   13. 70 The UAPA 1967: Unlawful Associations pages 351 to 357
   14. 71 The UAPA: The Terrorist Act and the Terrorist Organisation pages 358 to 365
   15. 72 The UAPA: Section 43D(5) and Bail pages 366 to 371
   16. 73 MCOCA and Organised Crime pages 372 to 379
   17. 74 The Armed Forces (Special Powers) Act 1958 pages 380 to 385
   18. 75 Naga People's Movement of Human Rights v. Union of India pages 386 to 392
   19. 76 Special Courts pages 393 to 397
   20. 77 Tribunals: Articles 323A and 323B pages 398 to 401
   21. 78 Tribunals After L. Chandra Kumar pages 402 to 405
   22. 79 Due Process: The Term, and Where It Comes From pages 406 to 409
   23. 80 Why Article 21 Says 'Procedure Established by Law' pages 410 to 413
   24. 81 Due Process After Maneka pages 414 to 417
   25. 82 Due Process and Special Legislation pages 418 to 421
   26. 83 The Reverse Burden and the Presumption of Innocence pages 422 to 425
   27. 84 Confessions to Police Officers Under Special Statutes pages 426 to 429
   28. 85 Bail Under Special Statutes: The Twin Conditions pages 430 to 434
   29. 86 The Challenges and Concerns, Stated Fairly pages 435 to 438
   30. 87 Exceptional Legislation and the Rule of Law: An Assessment pages 439 to 444

   Module IV 10 chapters

   1. 88 Article 19: The Freedoms and Their Limits pages 445 to 449
   2. 89 National Security and the Freedom of Speech pages 450 to 455
   3. 90 Security of the State pages 456 to 460
   4. 91 Public Order pages 461 to 465
   5. 92 Law and Order, Public Order and Security of the State: The Three Concentric Circles pages 466 to 469
   6. 93 Article 358 Worked Out pages 470 to 474
   7. 94 The Justiciability of the Suspension of Article 19 pages 475 to 479
   8. 95 Article 359: The Text and the Mechanism pages 480 to 484
   9. 96 The Non-Suspendability of Articles 20 and 21 pages 485 to 488
   10. 97 The 44th Amendment and Suspendability pages 489 to 493

   Module V 17 chapters

   1. 98 Access to Courts: Where the Right Comes From pages 494 to 498
   2. 99 Article 32 pages 499 to 502
   3. 100 Article 226 pages 503 to 506
   4. 101 Habeas Corpus in India pages 507 to 510
   5. 102 What a Presidential Order Can Never Bar: Makhan Singh pages 511 to 515
   6. 103 ADM Jabalpur v. Shivkant Shukla pages 516 to 521
   7. 104 The Formal End of ADM Jabalpur pages 522 to 524
   8. 105 The Constitution (Forty-fourth Amendment) Act 1978 pages 525 to 529
   9. 106 The Constitution (Fifty-ninth Amendment) Act 1988: Article 359A and Punjab pages 530 to 534
   10. 107 Access to Courts and the Armed Forces: Articles 33 and 34 pages 535 to 538
   11. 108 Access to Courts in Practice: Legal Aid and Public Interest Litigation pages 539 to 544
   12. 109 Martial Law: The Concept pages 545 to 549
   13. 110 Martial Law in England pages 550 to 554
   14. 111 Martial Law in India: Article 34 and the Indemnity Act pages 555 to 558
   15. 112 Martial Law Compared With Emergency and With AFSPA pages 559 to 563
   16. 113 The Indian Instance: Punjab, 1919 pages 564 to 568
   17. 114 National Security and Human Rights: An Assessment pages 569 to 574

4. Union-State Financial Relations

   Official Notes munotes.in

   Union-State Financial Relations

   KSLU LL.M. (TWO YEARS) · SEMESTER 3

   Strictly as per the 2019-20 LL.M. (Two Years) syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Second Year

   Union-State Financial Relations

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. Union-State Financial Relations: What This Paper Covers, and How to Read This Book 1
   2. What a Federation Is 4
   3. Federal, Unitary and Confederal Government Compared 9
   4. India and the United States Compared 13
   5. Australia, Canada, and How a Federation Umpires Itself 17
   6. How Federal Government Grew in India 22
   7. Is India a Federation? The Quasi-Federal Argument 27
   8. The Federal Features of the Indian Constitution 32
   9. The Division of Legislative Power and the Three Lists 37
   10. Pith and Substance, Colourable Legislation and Incidental Encroachment 43
   11. Repugnancy: Article 254 49
   12. Territorial Nexus and Extra-territorial Operation 54
   13. The Executive Power of the Union and the States 58
   14. Administrative Relations Between the Union and the States 63
   15. The All India Services 68
   16. Central Control Against State Autonomy 73
   17. Why the States Became Subordinate 78
   18. The Governor: Appointment, Discretion and Assent 84
   19. President's Rule: Article 356 and S.R. Bommai 91

   Contents continued

   Module I continued

   1. National Emergency, and What It Does to the Federal Balance 97
   2. A Financial Emergency 102

   Module II

   1. The Scheme of Part XII 106
   2. Who May Tax What: The Taxing Entries 111
   3. Who Levies, Who Collects, Who Keeps 116
   4. Goods and Services Tax: Article 246A and the GST Council 121
   5. The Tax Entries After the Goods and Services Tax 126
   6. The GST Council 131
   7. What a Tax Is: Tax, Fee, Cess and Surcharge 135
   8. The Extent of the Union's Power of Taxation 140
   9. Residuary Power, and Parliament's Power Over the State List 145
   10. The Residuary Power and Taxation 150
   11. No Tax Without Authority of Law 155
   12. Limits on the Power to Tax 161
   13. Delegation of Taxing Power to the States and Local Bodies 166
   14. Retrospective Taxation 171
   15. Professions Tax, and the Savings 176
   16. Minerals, Royalty and the Taxing Power 181

   Contents continued

   Module II continued

   1. Tax Laws, Fundamental Rights and the Money Bill 186
   2. The Immunities Between Governments 192
   3. Immunity of State Agencies and Instrumentalities from Tax 198
   4. The Difference Between a Tax and a Fee 203

   Module III

   1. Financial Relations and the Finance Commission 209
   2. How Tax Is Shared 215
   3. Sharing the Revenue Between the Union and the States 221
   4. The Finance Commission 225
   5. The Finance Commissions at Work 231
   6. Grants From the Union 237
   7. Discretionary Grants, and Custody of Public Money 243
   8. Specific Purpose Grants Under Article 282 249
   9. Borrowing 254
   10. The Borrowing Power in Practice 259

   Module IV

   1. The Freedom of Trade, Commerce and Intercourse 265
   2. What Article 301 Actually Forbids 269

   Contents continued

   Module IV continued

   1. The Restrictions on the Freedom 277
   2. Planning, the Planning Commission and Plan Grants 283
   3. The National Development Council 288
   4. NITI Aayog 292

   Module V

   1. Cooperative Federalism 296
   2. Competitive Federalism 300
   3. Jurisdiction Outside India, and Full Faith and Credit 304
   4. The Inter-State Council, and Cooperative Federalism 309
   5. The Zonal Councils 314
   6. Inter-State Rivers: Article 262 319
   7. Disputes Between the Union and a State: Article 131 324
   8. Federalism as a Dynamic Process 329
   9. Asymmetric Federalism 333
   10. Article 370 and the Status of Jammu and Kashmir 338
   11. The 2019 Change, and In Re Article 370 343
   12. The Commissions on Centre-State Relations 348
   13. The Sarkaria and Punchhi Commissions 352
   14. What Reforms Are Necessary? 357

   Page 1 onwards

   361 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 361 pages.

   Every chapter in the notes: 71 chapters across 5 modules

   Module I 21 chapters

   1. 1 Union-State Financial Relations: What This Paper Covers, and How to Read This Book pages 1 to 3
   2. 2 What a Federation Is pages 4 to 8
   3. 3 Federal, Unitary and Confederal Government Compared pages 9 to 12
   4. 4 India and the United States Compared pages 13 to 16
   5. 5 Australia, Canada, and How a Federation Umpires Itself pages 17 to 21
   6. 6 How Federal Government Grew in India pages 22 to 26
   7. 7 Is India a Federation? The Quasi-Federal Argument pages 27 to 31
   8. 8 The Federal Features of the Indian Constitution pages 32 to 36
   9. 9 The Division of Legislative Power and the Three Lists pages 37 to 42
   10. 10 Pith and Substance, Colourable Legislation and Incidental Encroachment pages 43 to 48
   11. 11 Repugnancy: Article 254 pages 49 to 53
   12. 12 Territorial Nexus and Extra-territorial Operation pages 54 to 57
   13. 13 The Executive Power of the Union and the States pages 58 to 62
   14. 14 Administrative Relations Between the Union and the States pages 63 to 67
   15. 15 The All India Services pages 68 to 72
   16. 16 Central Control Against State Autonomy pages 73 to 77
   17. 17 Why the States Became Subordinate pages 78 to 83
   18. 18 The Governor: Appointment, Discretion and Assent pages 84 to 90
   19. 19 President's Rule: Article 356 and S.R. Bommai pages 91 to 96
   20. 20 National Emergency, and What It Does to the Federal Balance pages 97 to 101
   21. 21 A Financial Emergency pages 102 to 105

   Module II 20 chapters

   1. 22 The Scheme of Part XII pages 106 to 110
   2. 23 Who May Tax What: The Taxing Entries pages 111 to 115
   3. 24 Who Levies, Who Collects, Who Keeps pages 116 to 120
   4. 25 Goods and Services Tax: Article 246A and the GST Council pages 121 to 125
   5. 26 The Tax Entries After the Goods and Services Tax pages 126 to 130
   6. 27 The GST Council pages 131 to 134
   7. 28 What a Tax Is: Tax, Fee, Cess and Surcharge pages 135 to 139
   8. 29 The Extent of the Union's Power of Taxation pages 140 to 144
   9. 30 Residuary Power, and Parliament's Power Over the State List pages 145 to 149
   10. 31 The Residuary Power and Taxation pages 150 to 154
   11. 32 No Tax Without Authority of Law pages 155 to 160
   12. 33 Limits on the Power to Tax pages 161 to 165
   13. 34 Delegation of Taxing Power to the States and Local Bodies pages 166 to 170
   14. 35 Retrospective Taxation pages 171 to 175
   15. 36 Professions Tax, and the Savings pages 176 to 180
   16. 37 Minerals, Royalty and the Taxing Power pages 181 to 185
   17. 38 Tax Laws, Fundamental Rights and the Money Bill pages 186 to 191
   18. 39 The Immunities Between Governments pages 192 to 197
   19. 40 Immunity of State Agencies and Instrumentalities from Tax pages 198 to 202
   20. 41 The Difference Between a Tax and a Fee pages 203 to 208

   Module III 10 chapters

   1. 42 Financial Relations and the Finance Commission pages 209 to 214
   2. 43 How Tax Is Shared pages 215 to 220
   3. 44 Sharing the Revenue Between the Union and the States pages 221 to 224
   4. 45 The Finance Commission pages 225 to 230
   5. 46 The Finance Commissions at Work pages 231 to 236
   6. 47 Grants From the Union pages 237 to 242
   7. 48 Discretionary Grants, and Custody of Public Money pages 243 to 248
   8. 49 Specific Purpose Grants Under Article 282 pages 249 to 253
   9. 50 Borrowing pages 254 to 258
   10. 51 The Borrowing Power in Practice pages 259 to 264

   Module IV 6 chapters

   1. 52 The Freedom of Trade, Commerce and Intercourse pages 265 to 268
   2. 53 What Article 301 Actually Forbids pages 269 to 276
   3. 54 The Restrictions on the Freedom pages 277 to 282
   4. 55 Planning, the Planning Commission and Plan Grants pages 283 to 287
   5. 56 The National Development Council pages 288 to 291
   6. 57 NITI Aayog pages 292 to 295

   Module V 14 chapters

   1. 58 Cooperative Federalism pages 296 to 299
   2. 59 Competitive Federalism pages 300 to 303
   3. 60 Jurisdiction Outside India, and Full Faith and Credit pages 304 to 308
   4. 61 The Inter-State Council, and Cooperative Federalism pages 309 to 313
   5. 62 The Zonal Councils pages 314 to 318
   6. 63 Inter-State Rivers: Article 262 pages 319 to 323
   7. 64 Disputes Between the Union and a State: Article 131 pages 324 to 328
   8. 65 Federalism as a Dynamic Process pages 329 to 332
   9. 66 Asymmetric Federalism pages 333 to 337
   10. 67 Article 370 and the Status of Jammu and Kashmir pages 338 to 342
   11. 68 The 2019 Change, and In Re Article 370 pages 343 to 347
   12. 69 The Commissions on Centre-State Relations pages 348 to 351
   13. 70 The Sarkaria and Punchhi Commissions pages 352 to 356
   14. 71 What Reforms Are Necessary? pages 357 to 361

Questions