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LL.M. Constitutional and Administrative Law Semester 2: Notes and Solved Previous Year Question Papers 2026

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  1. Legal Education and Research Methodology

    Official Notes munotes.in

    Legal Education and Research Methodology

    LL.M. · SEMESTER 2

    Strictly as per the University of Mumbai LL.M. syllabus in force

    For LL.M. students of the University of Mumbai and all its affiliated law colleges

    munotes.in Foundation Course

    Legal Education and Research Methodology

    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 MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

    munotes.in

    Contents

    Module I

    1. What Legal Education Is 1
    2. Why a Country Needs Legal Education: The Lawyer and the Judge 5
    3. The Other Careers a Law Degree Builds 9
    4. Legal Education and the Citizen 13
    5. Legal Education in the Constitution and in the Advocates Act 17
    6. The Rest of the Bar Council and Enrolment Provisions 21
    7. Legal Education in Ancient and Medieval India 26
    8. Legal Education in India Before Independence 30
    9. The Fourteenth Law Commission Report 34
    10. The 184th Report and the Argument About Standards 38
    11. The National Law Universities and the Five Year Course 42
    12. Legal Education and the National Education Policy 2020 46
    13. Two Regulators, One Course 50
    14. What the LL.M. Is For 54
    15. The Rules of Legal Education 2008 57
    16. Who May Teach Law 61
    17. The Two Law Courses, and Who May Join Them 64
    18. What Must Be Taught: Standard of Courses and the Curriculum 68
    19. The Semester System, the Infrastructure and the End Semester Test 71
    munotes.in

    Contents continued

    Module I continued

    1. Inspection, Approval and Revocation 75
    2. Accreditation, and the Machinery Behind the Rules 79
    3. Continuing Legal Education 82
    4. Foreign Degrees and Foreign Universities 86
    5. The Rest of the Rules of Legal Education 89
    6. How Law Is Taught, and Why the Method Matters 93
    7. The Lecture Method 96
    8. The Case Method 100
    9. The Problem Method 104
    10. Discussion, the Socratic Method, the Seminar and the Tutorial 107
    11. The Project and the Assignment 111
    12. Learning by Doing: The Clinical Method, Simulation and Role Play 114
    13. The Moot Court 118
    14. Out of the Classroom: Court Visits, Trial Observation and Internship 122
    15. Technology, E-Learning and the Online Classroom 126
    16. Teaching Legal Research and Legal Writing 129
    17. Choosing a Method, and Combining Methods 133
    18. What an Examination Is For 136
    munotes.in

    Contents continued

    Module I continued

    1. What Is Wrong With the Traditional Examination 139
    2. Continuous Internal Assessment and the Semester Pattern 142
    3. Question Types: Objective, Problem and Open Book 145
    4. Assessment Beyond the Written Paper 149
    5. Examining the Clinical Courses 153
    6. Marks, Grades and Credits 156
    7. Moderation, Revaluation and Transparency 159
    8. The All India Bar Examination 162
    9. Examination Reform in the Law Commission Reports and in NEP 2020 166
    10. Malpractice and Academic Integrity in Examinations 170
    11. What Examination Reform Actually Requires 173

    Module II

    1. What Clinical Legal Education Is 176
    2. Where the Clinic Came From 180
    3. What the Clinic Is For 184
    4. The Kinds of Clinic 187
    5. The Four Compulsory Clinical Papers 191
    6. The Legal Aid Clinic in a Law College 195
    munotes.in

    Contents continued

    Module II continued

    1. Why Clinical Legal Education Has Not Worked in India 199
    2. What Legal Aid Is, and Why a State Provides It 203
    3. Article 39A and the Constitutional Duty 207
    4. Legal Aid Before the 1987 Act 212
    5. The Legal Services Authorities Act: The Machinery 216
    6. Who Is Entitled to Legal Aid 220
    7. Paying for Legal Aid, and the Rest of the Act 224
    8. How a Person Actually Gets Legal Aid 228
    9. The Legal Services Clinic 232
    10. The Lok Adalat 236
    11. The Permanent Lok Adalat 241
    12. The Judgments That Made Legal Aid a Right 246
    13. Legal Aid: What Still Does Not Work 252
    14. What Legal Literacy Is 256
    15. How Legal Literacy Is Delivered 260
    16. The Law Student and Legal Literacy 264
    17. What a Legal Survey Is 268
    18. How a Legal Survey Is Done 272
    19. Surveys That Changed the Law 276
    munotes.in

    Contents continued

    Module II continued

    1. What Law Reform Is, and Who Does It 280
    2. The Law Commission of India 284
    3. From Report to Statute 288
    4. Research as the Engine of Law Reform 292
    5. Law Reform by the Courts, and Its Limits 296

    Module III

    1. What Research Is 300
    2. What Legal Research Is 303
    3. The Objectives of Legal Research 306
    4. What Makes Research Good 309
    5. Pure and Applied Research 312
    6. Descriptive and Analytical Research 315
    7. Quantitative and Qualitative Research 318
    8. Conceptual and Empirical Research 321
    9. Doctrinal Research 324
    10. Doctrinal Research: Merits and Demerits 327
    11. Non Doctrinal Research 331
    12. Non Doctrinal Research: Merits and Demerits 334
    13. Induction and Deduction in Legal Reasoning 337
    munotes.in

    Contents continued

    Module III continued

    1. Comparative Legal Research 341
    2. Historical Legal Research 345
    3. Analytical and Critical Legal Research 349
    4. Interdisciplinary Legal Research 353
    5. The Primary Sources of Legal Research 357
    6. The Secondary Sources of Legal Research 360
    7. Juristic Writings and Legal Periodicals 363
    8. Legal Databases and How to Search Them 367
    9. Computers, ICT and Legal Research 371
    10. The Digest, the Citator and Tracing a Case 375
    11. Observation and the Interview 378
    12. The Questionnaire and the Schedule 382
    13. The Case Study 386
    14. The Survey 389
    15. Sampling: What It Is and Why It Is Used 393
    16. Probability Sampling 396
    17. Non Probability Sampling 400
    18. Scaling and Measurement 404
    19. Processing and Analysing Data 407
    munotes.in

    Contents continued

    Module III continued

    1. What Empirical Work in Law Cannot Do 411
    2. Research and the Judicial Process 415
    3. What a Research Problem Is 419
    4. Where Research Problems Come From 422
    5. Choosing Between Problems 426
    6. Narrowing and Defining the Problem 429
    7. Research Questions, Aims and Objectives 432
    8. What a Hypothesis Is 436
    9. Where a Hypothesis Comes From, and What Makes It Usable 440
    10. The Types of Hypothesis 444
    11. Formulating a Hypothesis 448
    12. Testing a Hypothesis 451
    13. When the Hypothesis Is Disproved 455
    14. Does Doctrinal Research Need a Hypothesis 459

    Module IV

    1. What a Research Design Is 462
    2. What Makes a Research Design Good 466
    3. The Exploratory or Formulative Design 470
    4. Descriptive and Diagnostic Designs 473
    munotes.in

    Contents continued

    Module IV continued

    1. The Experimental Design 476
    2. Historical and Case Study Designs 479
    3. The Parts of a Research Design, and MU's Own List 482
    4. The Introduction 486
    5. Aims and Objectives of the Study 489
    6. Scope of Study, and Its Limitations 493
    7. The Review of Literature 497
    8. Sources of Information 501
    9. The Research Methodology Section 504
    10. Chapterisation 508
    11. The Sampling Design and the Data Collection Design 511
    12. Time, Cost and the Practical Design 514
    13. The Synopsis or Research Proposal 517
    14. Citation: Footnotes, APA and Legal Citation 521
    15. Bibliography and Webliography 525
    16. Plagiarism and the UGC Regulations 528
    17. Artificial Intelligence Tools in Research 533
    18. Research Ethics Beyond Plagiarism 537
    19. Writing the Report 541
    munotes.in

    Contents continued

    Module IV continued

    1. Conclusion and Suggestions 545
    2. The Viva Voce on the Dissertation 549
    3. What Goes Wrong in a Research Design 553
    munotes.in

    Page 1 onwards

    munotes.in

    556 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. 556 pages.
    Papers
    Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2024, 2025, 2026
    Every chapter in the notes: 150 chapters across 4 modules

    Module I 48 chapters

    1. 1 What Legal Education Is pages 1 to 4
    2. 2 Why a Country Needs Legal Education: The Lawyer and the Judge pages 5 to 8
    3. 3 The Other Careers a Law Degree Builds pages 9 to 12
    4. 4 Legal Education and the Citizen pages 13 to 16
    5. 5 Legal Education in the Constitution and in the Advocates Act pages 17 to 20
    6. 6 The Rest of the Bar Council and Enrolment Provisions pages 21 to 25
    7. 7 Legal Education in Ancient and Medieval India pages 26 to 29
    8. 8 Legal Education in India Before Independence pages 30 to 33
    9. 9 The Fourteenth Law Commission Report pages 34 to 37
    10. 10 The 184th Report and the Argument About Standards pages 38 to 41
    11. 11 The National Law Universities and the Five Year Course pages 42 to 45
    12. 12 Legal Education and the National Education Policy 2020 pages 46 to 49
    13. 13 Two Regulators, One Course pages 50 to 53
    14. 14 What the LL.M. Is For pages 54 to 56
    15. 15 The Rules of Legal Education 2008 pages 57 to 60
    16. 16 Who May Teach Law pages 61 to 63
    17. 17 The Two Law Courses, and Who May Join Them pages 64 to 67
    18. 18 What Must Be Taught: Standard of Courses and the Curriculum pages 68 to 70
    19. 19 The Semester System, the Infrastructure and the End Semester Test pages 71 to 74
    20. 20 Inspection, Approval and Revocation pages 75 to 78
    21. 21 Accreditation, and the Machinery Behind the Rules pages 79 to 81
    22. 22 Continuing Legal Education pages 82 to 85
    23. 23 Foreign Degrees and Foreign Universities pages 86 to 88
    24. 24 The Rest of the Rules of Legal Education pages 89 to 92
    25. 25 How Law Is Taught, and Why the Method Matters pages 93 to 95
    26. 26 The Lecture Method pages 96 to 99
    27. 27 The Case Method pages 100 to 103
    28. 28 The Problem Method pages 104 to 106
    29. 29 Discussion, the Socratic Method, the Seminar and the Tutorial pages 107 to 110
    30. 30 The Project and the Assignment pages 111 to 113
    31. 31 Learning by Doing: The Clinical Method, Simulation and Role Play pages 114 to 117
    32. 32 The Moot Court pages 118 to 121
    33. 33 Out of the Classroom: Court Visits, Trial Observation and Internship pages 122 to 125
    34. 34 Technology, E-Learning and the Online Classroom pages 126 to 128
    35. 35 Teaching Legal Research and Legal Writing pages 129 to 132
    36. 36 Choosing a Method, and Combining Methods pages 133 to 135
    37. 37 What an Examination Is For pages 136 to 138
    38. 38 What Is Wrong With the Traditional Examination pages 139 to 141
    39. 39 Continuous Internal Assessment and the Semester Pattern pages 142 to 144
    40. 40 Question Types: Objective, Problem and Open Book pages 145 to 148
    41. 41 Assessment Beyond the Written Paper pages 149 to 152
    42. 42 Examining the Clinical Courses pages 153 to 155
    43. 43 Marks, Grades and Credits pages 156 to 158
    44. 44 Moderation, Revaluation and Transparency pages 159 to 161
    45. 45 The All India Bar Examination pages 162 to 165
    46. 46 Examination Reform in the Law Commission Reports and in NEP 2020 pages 166 to 169
    47. 47 Malpractice and Academic Integrity in Examinations pages 170 to 172
    48. 48 What Examination Reform Actually Requires pages 173 to 175

    Module II 30 chapters

    1. 49 What Clinical Legal Education Is pages 176 to 179
    2. 50 Where the Clinic Came From pages 180 to 183
    3. 51 What the Clinic Is For pages 184 to 186
    4. 52 The Kinds of Clinic pages 187 to 190
    5. 53 The Four Compulsory Clinical Papers pages 191 to 194
    6. 54 The Legal Aid Clinic in a Law College pages 195 to 198
    7. 55 Why Clinical Legal Education Has Not Worked in India pages 199 to 202
    8. 56 What Legal Aid Is, and Why a State Provides It pages 203 to 206
    9. 57 Article 39A and the Constitutional Duty pages 207 to 211
    10. 58 Legal Aid Before the 1987 Act pages 212 to 215
    11. 59 The Legal Services Authorities Act: The Machinery pages 216 to 219
    12. 60 Who Is Entitled to Legal Aid pages 220 to 223
    13. 61 Paying for Legal Aid, and the Rest of the Act pages 224 to 227
    14. 62 How a Person Actually Gets Legal Aid pages 228 to 231
    15. 63 The Legal Services Clinic pages 232 to 235
    16. 64 The Lok Adalat pages 236 to 240
    17. 65 The Permanent Lok Adalat pages 241 to 245
    18. 66 The Judgments That Made Legal Aid a Right pages 246 to 251
    19. 67 Legal Aid: What Still Does Not Work pages 252 to 255
    20. 68 What Legal Literacy Is pages 256 to 259
    21. 69 How Legal Literacy Is Delivered pages 260 to 263
    22. 70 The Law Student and Legal Literacy pages 264 to 267
    23. 71 What a Legal Survey Is pages 268 to 271
    24. 72 How a Legal Survey Is Done pages 272 to 275
    25. 73 Surveys That Changed the Law pages 276 to 279
    26. 74 What Law Reform Is, and Who Does It pages 280 to 283
    27. 75 The Law Commission of India pages 284 to 287
    28. 76 From Report to Statute pages 288 to 291
    29. 77 Research as the Engine of Law Reform pages 292 to 295
    30. 78 Law Reform by the Courts, and Its Limits pages 296 to 299

    Module III 46 chapters

    1. 79 What Research Is pages 300 to 302
    2. 80 What Legal Research Is pages 303 to 305
    3. 81 The Objectives of Legal Research pages 306 to 308
    4. 82 What Makes Research Good pages 309 to 311
    5. 83 Pure and Applied Research pages 312 to 314
    6. 84 Descriptive and Analytical Research pages 315 to 317
    7. 85 Quantitative and Qualitative Research pages 318 to 320
    8. 86 Conceptual and Empirical Research pages 321 to 323
    9. 87 Doctrinal Research pages 324 to 326
    10. 88 Doctrinal Research: Merits and Demerits pages 327 to 330
    11. 89 Non Doctrinal Research pages 331 to 333
    12. 90 Non Doctrinal Research: Merits and Demerits pages 334 to 336
    13. 91 Induction and Deduction in Legal Reasoning pages 337 to 340
    14. 92 Comparative Legal Research pages 341 to 344
    15. 93 Historical Legal Research pages 345 to 348
    16. 94 Analytical and Critical Legal Research pages 349 to 352
    17. 95 Interdisciplinary Legal Research pages 353 to 356
    18. 96 The Primary Sources of Legal Research pages 357 to 359
    19. 97 The Secondary Sources of Legal Research pages 360 to 362
    20. 98 Juristic Writings and Legal Periodicals pages 363 to 366
    21. 99 Legal Databases and How to Search Them pages 367 to 370
    22. 100 Computers, ICT and Legal Research pages 371 to 374
    23. 101 The Digest, the Citator and Tracing a Case pages 375 to 377
    24. 102 Observation and the Interview pages 378 to 381
    25. 103 The Questionnaire and the Schedule pages 382 to 385
    26. 104 The Case Study pages 386 to 388
    27. 105 The Survey pages 389 to 392
    28. 106 Sampling: What It Is and Why It Is Used pages 393 to 395
    29. 107 Probability Sampling pages 396 to 399
    30. 108 Non Probability Sampling pages 400 to 403
    31. 109 Scaling and Measurement pages 404 to 406
    32. 110 Processing and Analysing Data pages 407 to 410
    33. 111 What Empirical Work in Law Cannot Do pages 411 to 414
    34. 112 Research and the Judicial Process pages 415 to 418
    35. 113 What a Research Problem Is pages 419 to 421
    36. 114 Where Research Problems Come From pages 422 to 425
    37. 115 Choosing Between Problems pages 426 to 428
    38. 116 Narrowing and Defining the Problem pages 429 to 431
    39. 117 Research Questions, Aims and Objectives pages 432 to 435
    40. 118 What a Hypothesis Is pages 436 to 439
    41. 119 Where a Hypothesis Comes From, and What Makes It Usable pages 440 to 443
    42. 120 The Types of Hypothesis pages 444 to 447
    43. 121 Formulating a Hypothesis pages 448 to 450
    44. 122 Testing a Hypothesis pages 451 to 454
    45. 123 When the Hypothesis Is Disproved pages 455 to 458
    46. 124 Does Doctrinal Research Need a Hypothesis pages 459 to 461

    Module IV 26 chapters

    1. 125 What a Research Design Is pages 462 to 465
    2. 126 What Makes a Research Design Good pages 466 to 469
    3. 127 The Exploratory or Formulative Design pages 470 to 472
    4. 128 Descriptive and Diagnostic Designs pages 473 to 475
    5. 129 The Experimental Design pages 476 to 478
    6. 130 Historical and Case Study Designs pages 479 to 481
    7. 131 The Parts of a Research Design, and MU's Own List pages 482 to 485
    8. 132 The Introduction pages 486 to 488
    9. 133 Aims and Objectives of the Study pages 489 to 492
    10. 134 Scope of Study, and Its Limitations pages 493 to 496
    11. 135 The Review of Literature pages 497 to 500
    12. 136 Sources of Information pages 501 to 503
    13. 137 The Research Methodology Section pages 504 to 507
    14. 138 Chapterisation pages 508 to 510
    15. 139 The Sampling Design and the Data Collection Design pages 511 to 513
    16. 140 Time, Cost and the Practical Design pages 514 to 516
    17. 141 The Synopsis or Research Proposal pages 517 to 520
    18. 142 Citation: Footnotes, APA and Legal Citation pages 521 to 524
    19. 143 Bibliography and Webliography pages 525 to 527
    20. 144 Plagiarism and the UGC Regulations pages 528 to 532
    21. 145 Artificial Intelligence Tools in Research pages 533 to 536
    22. 146 Research Ethics Beyond Plagiarism pages 537 to 540
    23. 147 Writing the Report pages 541 to 544
    24. 148 Conclusion and Suggestions pages 545 to 548
    25. 149 The Viva Voce on the Dissertation pages 549 to 552
    26. 150 What Goes Wrong in a Research Design pages 553 to 556
    Every paper that is solved: 8 papers
    • 2025-26
    • 2024-25
    • 2023-24
    • 2022
    • 2019
    • 2018
    • 2016
    • 2015

  2. Comparative Constitutional Law

    Official Notes munotes.in

    Comparative Constitutional Law

    LL.M. · SEMESTER 2

    Strictly as per the University of Mumbai LL.M. syllabus in force

    For LL.M. students of the University of Mumbai and all its affiliated law colleges

    munotes.in Group 1 Constitutional and Administrative Law

    Comparative Constitutional 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 MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

    munotes.in

    Contents

    Module I

    1. How to Read This Book, and How to Read Seven Constitutions 1
    2. What a Constitution Is, and What It Is For 6
    3. Constitutionalism 11
    4. Limited Government and the Devices That Limit It 16
    5. The Rule of Law 20
    6. Separation of Powers 25
    7. A Constitution Without Constitutionalism 29
    8. Written and Unwritten, Codified and Uncodified 34
    9. Rigid and Flexible Constitutions 39
    10. Federal and Unitary Constitutions 44
    11. Republican and Monarchical, Evolved and Enacted 49
    12. Wheare's Classification and Its Critics 54
    13. Where MU's Seven Constitutions Fall 59
    14. Entrenchment, Supremacy and Judicial Review 63
    15. What a Constitutional Convention Is 68
    16. Dicey: the Law and the Conventions of the Constitution 72
    17. Jennings's Three-Part Test 76
    18. Why Conventions Are Obeyed 80
    19. Conventions and Law Distinguished 84
    20. The Conventions of the United Kingdom 88
    munotes.in

    Contents continued

    Module I continued

    1. The Conventions of the Indian Constitution 93
    2. The Conventions of the United States Constitution 98
    3. Canada, and a Court Asked to Find a Convention 102
    4. Writing Conventions Down 106
    5. Enforcing a Convention, and Breaking One 110
    6. Conventions That Have Hardened Into Law 114
    7. The Parliamentary Executive 118
    8. Collective and Individual Responsibility 122
    9. The Presidential Executive 126
    10. Fixed Terms, Impeachment and the Separation of Personnel 131
    11. The Westminster Model 136
    12. The American Model: Checks and Balances 140
    13. The Swiss Collegial Executive 144
    14. The German Chancellor and the Constructive Vote of No Confidence 148
    15. The Semi-Presidential Model 152
    16. Confidence, Dissolution and the Life of a Government 156
    17. How a Bill Passes in Each System 160
    18. Deadlock, and How Each System Breaks It 165
    19. A Presidential System for India? 169
    munotes.in

    Contents continued

    Module I continued

    1. Coalitions, Minority Government and Defection 173

    Module II

    1. Seven Constitutions and Their Dates 177
    2. The Constitution of India in Outline 182
    3. The Constitution of the United States in Outline 189
    4. The Constitution of the United Kingdom in Outline 195
    5. The Federal Constitution of Switzerland in Outline 200
    6. The Constitution of Ireland in Outline 206
    7. The Basic Law of Germany in Outline 212
    8. The Constitution of Canada in Outline 218
    9. Preambles Compared 225
    10. What India Borrowed, and From Where 230
    11. Length and Form 235
    12. Constitutional Supremacy and Parliamentary Sovereignty 239
    13. Bills of Rights Compared 243
    14. Directive Principles: Ireland and India 247
    15. The Head of State Compared 252
    16. Legislatures and Second Chambers 256
    17. Judiciaries and Judicial Review Compared 260
    munotes.in

    Contents continued

    Module II continued

    1. Citizenship: Single and Dual 264
    2. Emergency Powers Compared 268
    3. Language and Religion in a Plural State 273
    4. The Seven on One Table 278
    5. What Federalism Is 282
    6. Coming Together and Holding Together 286
    7. The Distribution of Legislative Power 291
    8. Residuary Power 295
    9. Supremacy, Repugnancy and the Occupied Field 299
    10. Pith and Substance 303
    11. Co-operative Federalism and Federal Comity 307
    12. Fiscal Federalism and Equalisation 311
    13. Second Chambers as Federal Chambers 316
    14. Executive Federalism 320
    15. Emergency, Intervention and the Federal Principle 325
    16. Asymmetric Federalism 330
    17. Secession 334
    18. Ireland: a Unitary State With Local Government Guaranteed 339
    19. Umpiring the Federation 343
    munotes.in

    Contents continued

    Module II continued

    1. Quasi-Federal: the Argument About India 348
    2. Trade and Commerce Across Internal Borders 352
    3. The Third Tier 358

    Module III

    1. Why a Constitution Provides for Its Own Amendment 363
    2. Rigidity and Flexibility, Measured 367
    3. Article V of the United States Constitution 371
    4. The Convention Route 375
    5. Ratification and Its Deadlines 379
    6. Article 368 and Its Three Routes 383
    7. The Basic Structure Doctrine 387
    8. Amending Fundamental Rights: the Indian Line 392
    9. Swiss Total and Partial Revision 397
    10. The Popular Initiative and the Double Majority 401
    11. Mandatory and Optional Referendums 405
    12. Express Limits on Amendment 409
    13. How Often Each Constitution Has Been Amended 413
    14. Judicial Review of a Constitutional Amendment 417
    15. Where the Judiciary Sits in Each Constitution 421
    munotes.in

    Contents continued

    Module III continued

    1. Integrated, Dual and Cantonal Court Structures 426
    2. Appointment of Judges Compared 430
    3. The Indian Collegium 434
    4. The Judicial Appointments Commission of the United Kingdom 439
    5. Nomination and Senate Confirmation 443
    6. Election of Judges in Switzerland 447
    7. Tenure, Salary and Security 451
    8. Removal of a Judge 455
    9. Judicial Independence 460
    10. Judicial Review of Legislation, and Where It Came From 464
    11. Article 190: the Court That May Not Strike Down 468
    12. The United Kingdom: Incompatibility, Not Invalidity 472
    13. Standing and Public Interest Litigation 476
    14. Advisory Jurisdiction 481
    15. Judicial Activism and the Countermajoritarian Objection 487
    16. Precedent, and Departing From It 492
    17. Contempt, Criticism and Accountability 498

    Module IV

    1. What Civil Liberties Are 504
    munotes.in

    Contents continued

    Module IV continued

    1. Negative and Positive Rights 508
    2. Freedom of Speech in Three Constitutions 513
    3. Reasonable Restrictions and the Categorical Approach 518
    4. Prior Restraint 522
    5. Sedition, Hate Speech and Offensive Speech 527
    6. Religion, Establishment and the Secular State 533
    7. Life and Liberty: Due Process and Procedure Established by Law 539
    8. Privacy 544
    9. Arrest, Detention and Habeas Corpus 549
    10. Preventive Detention 554
    11. The Rights of an Accused 559
    12. Equality as a Civil Liberty 564
    13. Property 569
    14. Emergency, Derogation and Suspension 574
    15. Remedies 580
    16. Horizontal Effect 585
    17. The Press, Broadcasting and the Internet 591
    18. What Affirmative Action Is 596
    19. Formal and Substantive Equality 601
    munotes.in

    Contents continued

    Module IV continued

    1. The Constitutional Basis of Reservation in India 606
    2. Who Is Backward 612
    3. The Creamy Layer 618
    4. The Fifty Per Cent Ceiling 623
    5. Reservation in Promotion 628
    6. Economically Weaker Sections 633
    7. Reservation for Women 638
    8. Reservation in Private and Unaided Institutions 643
    9. The American Story 648
    10. Strict Scrutiny and Compelling Interest 653
    11. Diversity as a Justification 658
    12. Quotas, Set-Asides and Narrow Tailoring 663
    13. The End of Race-Conscious Admissions 668
    14. The Two Systems Compared 673
    munotes.in

    Page 1 onwards

    munotes.in

    678 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. 678 pages.
    Papers
    Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2026
    Every chapter in the notes: 145 chapters across 4 modules

    Module I 40 chapters

    1. 1 How to Read This Book, and How to Read Seven Constitutions pages 1 to 5
    2. 2 What a Constitution Is, and What It Is For pages 6 to 10
    3. 3 Constitutionalism pages 11 to 15
    4. 4 Limited Government and the Devices That Limit It pages 16 to 19
    5. 5 The Rule of Law pages 20 to 24
    6. 6 Separation of Powers pages 25 to 28
    7. 7 A Constitution Without Constitutionalism pages 29 to 33
    8. 8 Written and Unwritten, Codified and Uncodified pages 34 to 38
    9. 9 Rigid and Flexible Constitutions pages 39 to 43
    10. 10 Federal and Unitary Constitutions pages 44 to 48
    11. 11 Republican and Monarchical, Evolved and Enacted pages 49 to 53
    12. 12 Wheare's Classification and Its Critics pages 54 to 58
    13. 13 Where MU's Seven Constitutions Fall pages 59 to 62
    14. 14 Entrenchment, Supremacy and Judicial Review pages 63 to 67
    15. 15 What a Constitutional Convention Is pages 68 to 71
    16. 16 Dicey: the Law and the Conventions of the Constitution pages 72 to 75
    17. 17 Jennings's Three-Part Test pages 76 to 79
    18. 18 Why Conventions Are Obeyed pages 80 to 83
    19. 19 Conventions and Law Distinguished pages 84 to 87
    20. 20 The Conventions of the United Kingdom pages 88 to 92
    21. 21 The Conventions of the Indian Constitution pages 93 to 97
    22. 22 The Conventions of the United States Constitution pages 98 to 101
    23. 23 Canada, and a Court Asked to Find a Convention pages 102 to 105
    24. 24 Writing Conventions Down pages 106 to 109
    25. 25 Enforcing a Convention, and Breaking One pages 110 to 113
    26. 26 Conventions That Have Hardened Into Law pages 114 to 117
    27. 27 The Parliamentary Executive pages 118 to 121
    28. 28 Collective and Individual Responsibility pages 122 to 125
    29. 29 The Presidential Executive pages 126 to 130
    30. 30 Fixed Terms, Impeachment and the Separation of Personnel pages 131 to 135
    31. 31 The Westminster Model pages 136 to 139
    32. 32 The American Model: Checks and Balances pages 140 to 143
    33. 33 The Swiss Collegial Executive pages 144 to 147
    34. 34 The German Chancellor and the Constructive Vote of No Confidence pages 148 to 151
    35. 35 The Semi-Presidential Model pages 152 to 155
    36. 36 Confidence, Dissolution and the Life of a Government pages 156 to 159
    37. 37 How a Bill Passes in Each System pages 160 to 164
    38. 38 Deadlock, and How Each System Breaks It pages 165 to 168
    39. 39 A Presidential System for India? pages 169 to 172
    40. 40 Coalitions, Minority Government and Defection pages 173 to 176

    Module II 39 chapters

    1. 41 Seven Constitutions and Their Dates pages 177 to 181
    2. 42 The Constitution of India in Outline pages 182 to 188
    3. 43 The Constitution of the United States in Outline pages 189 to 194
    4. 44 The Constitution of the United Kingdom in Outline pages 195 to 199
    5. 45 The Federal Constitution of Switzerland in Outline pages 200 to 205
    6. 46 The Constitution of Ireland in Outline pages 206 to 211
    7. 47 The Basic Law of Germany in Outline pages 212 to 217
    8. 48 The Constitution of Canada in Outline pages 218 to 224
    9. 49 Preambles Compared pages 225 to 229
    10. 50 What India Borrowed, and From Where pages 230 to 234
    11. 51 Length and Form pages 235 to 238
    12. 52 Constitutional Supremacy and Parliamentary Sovereignty pages 239 to 242
    13. 53 Bills of Rights Compared pages 243 to 246
    14. 54 Directive Principles: Ireland and India pages 247 to 251
    15. 55 The Head of State Compared pages 252 to 255
    16. 56 Legislatures and Second Chambers pages 256 to 259
    17. 57 Judiciaries and Judicial Review Compared pages 260 to 263
    18. 58 Citizenship: Single and Dual pages 264 to 267
    19. 59 Emergency Powers Compared pages 268 to 272
    20. 60 Language and Religion in a Plural State pages 273 to 277
    21. 61 The Seven on One Table pages 278 to 281
    22. 62 What Federalism Is pages 282 to 285
    23. 63 Coming Together and Holding Together pages 286 to 290
    24. 64 The Distribution of Legislative Power pages 291 to 294
    25. 65 Residuary Power pages 295 to 298
    26. 66 Supremacy, Repugnancy and the Occupied Field pages 299 to 302
    27. 67 Pith and Substance pages 303 to 306
    28. 68 Co-operative Federalism and Federal Comity pages 307 to 310
    29. 69 Fiscal Federalism and Equalisation pages 311 to 315
    30. 70 Second Chambers as Federal Chambers pages 316 to 319
    31. 71 Executive Federalism pages 320 to 324
    32. 72 Emergency, Intervention and the Federal Principle pages 325 to 329
    33. 73 Asymmetric Federalism pages 330 to 333
    34. 74 Secession pages 334 to 338
    35. 75 Ireland: a Unitary State With Local Government Guaranteed pages 339 to 342
    36. 76 Umpiring the Federation pages 343 to 347
    37. 77 Quasi-Federal: the Argument About India pages 348 to 351
    38. 78 Trade and Commerce Across Internal Borders pages 352 to 357
    39. 79 The Third Tier pages 358 to 362

    Module III 32 chapters

    1. 80 Why a Constitution Provides for Its Own Amendment pages 363 to 366
    2. 81 Rigidity and Flexibility, Measured pages 367 to 370
    3. 82 Article V of the United States Constitution pages 371 to 374
    4. 83 The Convention Route pages 375 to 378
    5. 84 Ratification and Its Deadlines pages 379 to 382
    6. 85 Article 368 and Its Three Routes pages 383 to 386
    7. 86 The Basic Structure Doctrine pages 387 to 391
    8. 87 Amending Fundamental Rights: the Indian Line pages 392 to 396
    9. 88 Swiss Total and Partial Revision pages 397 to 400
    10. 89 The Popular Initiative and the Double Majority pages 401 to 404
    11. 90 Mandatory and Optional Referendums pages 405 to 408
    12. 91 Express Limits on Amendment pages 409 to 412
    13. 92 How Often Each Constitution Has Been Amended pages 413 to 416
    14. 93 Judicial Review of a Constitutional Amendment pages 417 to 420
    15. 94 Where the Judiciary Sits in Each Constitution pages 421 to 425
    16. 95 Integrated, Dual and Cantonal Court Structures pages 426 to 429
    17. 96 Appointment of Judges Compared pages 430 to 433
    18. 97 The Indian Collegium pages 434 to 438
    19. 98 The Judicial Appointments Commission of the United Kingdom pages 439 to 442
    20. 99 Nomination and Senate Confirmation pages 443 to 446
    21. 100 Election of Judges in Switzerland pages 447 to 450
    22. 101 Tenure, Salary and Security pages 451 to 454
    23. 102 Removal of a Judge pages 455 to 459
    24. 103 Judicial Independence pages 460 to 463
    25. 104 Judicial Review of Legislation, and Where It Came From pages 464 to 467
    26. 105 Article 190: the Court That May Not Strike Down pages 468 to 471
    27. 106 The United Kingdom: Incompatibility, Not Invalidity pages 472 to 475
    28. 107 Standing and Public Interest Litigation pages 476 to 480
    29. 108 Advisory Jurisdiction pages 481 to 486
    30. 109 Judicial Activism and the Countermajoritarian Objection pages 487 to 491
    31. 110 Precedent, and Departing From It pages 492 to 497
    32. 111 Contempt, Criticism and Accountability pages 498 to 503

    Module IV 34 chapters

    1. 112 What Civil Liberties Are pages 504 to 507
    2. 113 Negative and Positive Rights pages 508 to 512
    3. 114 Freedom of Speech in Three Constitutions pages 513 to 517
    4. 115 Reasonable Restrictions and the Categorical Approach pages 518 to 521
    5. 116 Prior Restraint pages 522 to 526
    6. 117 Sedition, Hate Speech and Offensive Speech pages 527 to 532
    7. 118 Religion, Establishment and the Secular State pages 533 to 538
    8. 119 Life and Liberty: Due Process and Procedure Established by Law pages 539 to 543
    9. 120 Privacy pages 544 to 548
    10. 121 Arrest, Detention and Habeas Corpus pages 549 to 553
    11. 122 Preventive Detention pages 554 to 558
    12. 123 The Rights of an Accused pages 559 to 563
    13. 124 Equality as a Civil Liberty pages 564 to 568
    14. 125 Property pages 569 to 573
    15. 126 Emergency, Derogation and Suspension pages 574 to 579
    16. 127 Remedies pages 580 to 584
    17. 128 Horizontal Effect pages 585 to 590
    18. 129 The Press, Broadcasting and the Internet pages 591 to 595
    19. 130 What Affirmative Action Is pages 596 to 600
    20. 131 Formal and Substantive Equality pages 601 to 605
    21. 132 The Constitutional Basis of Reservation in India pages 606 to 611
    22. 133 Who Is Backward pages 612 to 617
    23. 134 The Creamy Layer pages 618 to 622
    24. 135 The Fifty Per Cent Ceiling pages 623 to 627
    25. 136 Reservation in Promotion pages 628 to 632
    26. 137 Economically Weaker Sections pages 633 to 637
    27. 138 Reservation for Women pages 638 to 642
    28. 139 Reservation in Private and Unaided Institutions pages 643 to 647
    29. 140 The American Story pages 648 to 652
    30. 141 Strict Scrutiny and Compelling Interest pages 653 to 657
    31. 142 Diversity as a Justification pages 658 to 662
    32. 143 Quotas, Set-Asides and Narrow Tailoring pages 663 to 667
    33. 144 The End of Race-Conscious Admissions pages 668 to 672
    34. 145 The Two Systems Compared pages 673 to 678
    Every paper that is solved: 6 papers
    • 2025-26
    • 2025-26 - Set 2
    • 2019
    • 2018
    • 2016
    • 2015

  3. Administrative Process Nature and Scope

    Official Notes munotes.in

    Administrative Process Nature and Scope

    LL.M. · SEMESTER 2

    Strictly as per the University of Mumbai LL.M. syllabus in force

    For LL.M. students of the University of Mumbai and all its affiliated law colleges

    munotes.in Group 1 Constitutional and Administrative Law

    Administrative Process Nature and Scope

    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 MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

    munotes.in

    Contents

    Module I

    1. What the Administrative Process Is 1
    2. Administrative Law and Constitutional Law 7
    3. From the Police State to the Welfare State 11
    4. The Growth of Administrative Law in England 16
    5. The Growth of Administrative Law in the United States 21
    6. The Growth of Administrative Law in India 26
    7. The Sources of Administrative Law in India 31
    8. Classification of Administrative Action 36
    9. Rule-Making, Adjudication and Administrative Action 41
    10. Administrative Agencies: What They Are 45
    11. The Regulatory Agencies of the Indian State 50
    12. Public Corporations and Government Companies 54
    13. The Civil Services: The Permanent Executive 58
    14. The Constitutional Provisions on the Civil Services 63
    15. Article 311 and the Protection of Civil Servants 68
    16. The Public Service Commissions 73
    17. The Role of the Civil Servant as an Administrator 78
    18. Tribunals: Why They Exist 82
    19. Articles 323A, 323B and the Administrative Tribunals Act 1985 86
    20. Tribunals After L. Chandra Kumar 92
    munotes.in

    Contents continued

    Module I continued

    1. Responsibility and Accountability of Administrators 98
    2. The Machinery of Accountability 102
    3. The Courts as a Check on Administrative Lawlessness 107
    4. Regulation: What a Regulatory State Does 112
    5. The Licence Permit Raj: Regulation in India Before 1991 117
    6. The 1991 Reforms 122
    7. De-regulation and the Retreat of the Licensing State 126
    8. Control to Decontrol 131
    9. Globalization and Liberalization Policy 136
    10. Constitutional Standards for Regulation and De-regulation 141
    11. SEBI and the Securities Market 146
    12. TRAI and Telecommunications 150
    13. The Electricity Regulators and the Competition Commission 154
    14. E-Governance: Administration by Electronic Means 158
    15. Innovation in Legislation and Governance After Liberalization 163

    Module II

    1. The Rule of Law: What It Means 168
    2. Dicey's Three Meanings of the Rule of Law 172
    munotes.in

    Contents continued

    Module II continued

    1. What Is Wrong With Dicey 177
    2. The Rule of Law in the Indian Constitution 182
    3. The Rule of Law in the Leading Decisions 186
    4. ADM Jabalpur and the Rule of Law in an Emergency 191
    5. The Rule of Law as Basic Structure 197
    6. The Changing Dimensions of the Rule of Law 202
    7. The Rule of Law in the Current Scenario 207
    8. Separation of Powers: The Theory 212
    9. From Rigidity to Flexibility 216
    10. Separation of Powers in the United States 221
    11. Separation of Powers in the United Kingdom 226
    12. Separation of Powers in India 230
    13. Separation of Powers and the Basic Structure 235
    14. Where the Three Organs Overlap in India 240

    Module III

    1. Delegated Legislation: What It Is 244
    2. Why Parliament Delegates 248
    3. Kinds of Delegated Legislation 252
    4. Conditional Legislation and the Henry VIII Clause 255
    munotes.in

    Contents continued

    Module III continued

    1. Sub-Delegation 259
    2. In re Delhi Laws Act and the Limits of Delegation 263
    3. Excessive Delegation and the Essential Legislative Function 267
    4. Delegation of the Taxing Power 271
    5. The Problems Delegated Legislation Creates 275
    6. How a Rule Is Made: The Process 279
    7. Publication, and the Rule That an Unpublished Rule Binds Nobody 284
    8. Parliamentary Control of Delegated Legislation 288
    9. The Committee on Subordinate Legislation 292
    10. Judicial Control: Substantive Ultra Vires 296
    11. Judicial Control: Procedural Ultra Vires 301
    12. Judicial Review of Rules for Arbitrariness 305
    13. Power and Duty 309
    14. Where Administrative Power Comes From, and Where It Stops 313
    15. Duty and the Writ of Mandamus 317
    16. The Doctrine of Eminent Power 321
    17. Article 300A and the Right to Property 326
    18. The Doctrine of Police Power 330
    19. The Constitutional Provisions Behind the Police Power 335
    munotes.in

    Contents continued

    Module III continued

    1. Judicial Review of the Police Power 339
    2. The Doctrine of Taxing Power 343
    3. Article 265 and the Limits of the Taxing Power 348
    4. Redress Against the State in India 352
    5. Redress Against the State in the United Kingdom and France 357

    Module IV

    1. Administrative Discretion: What It Is 361
    2. Why Discretion Is Given, and What It Costs 365
    3. Structuring Discretion 369
    4. Confining, Checking and Limiting Discretion 373
    5. Failure to Exercise Discretion 377
    6. Abuse of Discretion: Mala Fides and Improper Purpose 382
    7. Abuse of Discretion: Irrelevant Considerations and Non-Application of Mind 387
    8. Unreasonableness: Wednesbury and After 391
    9. Proportionality 395
    10. Judicial Review of Administrative Discretion in India 400
    11. Subjective Satisfaction and the Reach of Review 405
    12. Technology and Discretion 410
    munotes.in

    Contents continued

    Module IV continued

    1. Comparative Administrative Law: Why Compare 417
    2. Administrative Law in India 421
    3. Administrative Law in the United States 425
    4. Administrative Law in the United Kingdom 430
    5. Administrative Law in France 435
    6. Administrative Law in Germany 440
    7. The Five Systems Side by Side 445
    munotes.in

    Page 1 onwards

    munotes.in

    450 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. 450 pages.
    Papers
    Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2026
    Every chapter in the notes: 98 chapters across 4 modules

    Module I 35 chapters

    1. 1 What the Administrative Process Is pages 1 to 6
    2. 2 Administrative Law and Constitutional Law pages 7 to 10
    3. 3 From the Police State to the Welfare State pages 11 to 15
    4. 4 The Growth of Administrative Law in England pages 16 to 20
    5. 5 The Growth of Administrative Law in the United States pages 21 to 25
    6. 6 The Growth of Administrative Law in India pages 26 to 30
    7. 7 The Sources of Administrative Law in India pages 31 to 35
    8. 8 Classification of Administrative Action pages 36 to 40
    9. 9 Rule-Making, Adjudication and Administrative Action pages 41 to 44
    10. 10 Administrative Agencies: What They Are pages 45 to 49
    11. 11 The Regulatory Agencies of the Indian State pages 50 to 53
    12. 12 Public Corporations and Government Companies pages 54 to 57
    13. 13 The Civil Services: The Permanent Executive pages 58 to 62
    14. 14 The Constitutional Provisions on the Civil Services pages 63 to 67
    15. 15 Article 311 and the Protection of Civil Servants pages 68 to 72
    16. 16 The Public Service Commissions pages 73 to 77
    17. 17 The Role of the Civil Servant as an Administrator pages 78 to 81
    18. 18 Tribunals: Why They Exist pages 82 to 85
    19. 19 Articles 323A, 323B and the Administrative Tribunals Act 1985 pages 86 to 91
    20. 20 Tribunals After L. Chandra Kumar pages 92 to 97
    21. 21 Responsibility and Accountability of Administrators pages 98 to 101
    22. 22 The Machinery of Accountability pages 102 to 106
    23. 23 The Courts as a Check on Administrative Lawlessness pages 107 to 111
    24. 24 Regulation: What a Regulatory State Does pages 112 to 116
    25. 25 The Licence Permit Raj: Regulation in India Before 1991 pages 117 to 121
    26. 26 The 1991 Reforms pages 122 to 125
    27. 27 De-regulation and the Retreat of the Licensing State pages 126 to 130
    28. 28 Control to Decontrol pages 131 to 135
    29. 29 Globalization and Liberalization Policy pages 136 to 140
    30. 30 Constitutional Standards for Regulation and De-regulation pages 141 to 145
    31. 31 SEBI and the Securities Market pages 146 to 149
    32. 32 TRAI and Telecommunications pages 150 to 153
    33. 33 The Electricity Regulators and the Competition Commission pages 154 to 157
    34. 34 E-Governance: Administration by Electronic Means pages 158 to 162
    35. 35 Innovation in Legislation and Governance After Liberalization pages 163 to 167

    Module II 16 chapters

    1. 36 The Rule of Law: What It Means pages 168 to 171
    2. 37 Dicey's Three Meanings of the Rule of Law pages 172 to 176
    3. 38 What Is Wrong With Dicey pages 177 to 181
    4. 39 The Rule of Law in the Indian Constitution pages 182 to 185
    5. 40 The Rule of Law in the Leading Decisions pages 186 to 190
    6. 41 ADM Jabalpur and the Rule of Law in an Emergency pages 191 to 196
    7. 42 The Rule of Law as Basic Structure pages 197 to 201
    8. 43 The Changing Dimensions of the Rule of Law pages 202 to 206
    9. 44 The Rule of Law in the Current Scenario pages 207 to 211
    10. 45 Separation of Powers: The Theory pages 212 to 215
    11. 46 From Rigidity to Flexibility pages 216 to 220
    12. 47 Separation of Powers in the United States pages 221 to 225
    13. 48 Separation of Powers in the United Kingdom pages 226 to 229
    14. 49 Separation of Powers in India pages 230 to 234
    15. 50 Separation of Powers and the Basic Structure pages 235 to 239
    16. 51 Where the Three Organs Overlap in India pages 240 to 243

    Module III 28 chapters

    1. 52 Delegated Legislation: What It Is pages 244 to 247
    2. 53 Why Parliament Delegates pages 248 to 251
    3. 54 Kinds of Delegated Legislation pages 252 to 254
    4. 55 Conditional Legislation and the Henry VIII Clause pages 255 to 258
    5. 56 Sub-Delegation pages 259 to 262
    6. 57 In re Delhi Laws Act and the Limits of Delegation pages 263 to 266
    7. 58 Excessive Delegation and the Essential Legislative Function pages 267 to 270
    8. 59 Delegation of the Taxing Power pages 271 to 274
    9. 60 The Problems Delegated Legislation Creates pages 275 to 278
    10. 61 How a Rule Is Made: The Process pages 279 to 283
    11. 62 Publication, and the Rule That an Unpublished Rule Binds Nobody pages 284 to 287
    12. 63 Parliamentary Control of Delegated Legislation pages 288 to 291
    13. 64 The Committee on Subordinate Legislation pages 292 to 295
    14. 65 Judicial Control: Substantive Ultra Vires pages 296 to 300
    15. 66 Judicial Control: Procedural Ultra Vires pages 301 to 304
    16. 67 Judicial Review of Rules for Arbitrariness pages 305 to 308
    17. 68 Power and Duty pages 309 to 312
    18. 69 Where Administrative Power Comes From, and Where It Stops pages 313 to 316
    19. 70 Duty and the Writ of Mandamus pages 317 to 320
    20. 71 The Doctrine of Eminent Power pages 321 to 325
    21. 72 Article 300A and the Right to Property pages 326 to 329
    22. 73 The Doctrine of Police Power pages 330 to 334
    23. 74 The Constitutional Provisions Behind the Police Power pages 335 to 338
    24. 75 Judicial Review of the Police Power pages 339 to 342
    25. 76 The Doctrine of Taxing Power pages 343 to 347
    26. 77 Article 265 and the Limits of the Taxing Power pages 348 to 351
    27. 78 Redress Against the State in India pages 352 to 356
    28. 79 Redress Against the State in the United Kingdom and France pages 357 to 360

    Module IV 19 chapters

    1. 80 Administrative Discretion: What It Is pages 361 to 364
    2. 81 Why Discretion Is Given, and What It Costs pages 365 to 368
    3. 82 Structuring Discretion pages 369 to 372
    4. 83 Confining, Checking and Limiting Discretion pages 373 to 376
    5. 84 Failure to Exercise Discretion pages 377 to 381
    6. 85 Abuse of Discretion: Mala Fides and Improper Purpose pages 382 to 386
    7. 86 Abuse of Discretion: Irrelevant Considerations and Non-Application of Mind pages 387 to 390
    8. 87 Unreasonableness: Wednesbury and After pages 391 to 394
    9. 88 Proportionality pages 395 to 399
    10. 89 Judicial Review of Administrative Discretion in India pages 400 to 404
    11. 90 Subjective Satisfaction and the Reach of Review pages 405 to 409
    12. 91 Technology and Discretion pages 410 to 416
    13. 92 Comparative Administrative Law: Why Compare pages 417 to 420
    14. 93 Administrative Law in India pages 421 to 424
    15. 94 Administrative Law in the United States pages 425 to 429
    16. 95 Administrative Law in the United Kingdom pages 430 to 434
    17. 96 Administrative Law in France pages 435 to 439
    18. 97 Administrative Law in Germany pages 440 to 444
    19. 98 The Five Systems Side by Side pages 445 to 450
    Every paper that is solved: 5 papers
    • 2025-26
    • 2019
    • 2018
    • 2016
    • 2015

  4. Judicial Process

    Official Notes munotes.in

    Judicial Process

    LL.M. · SEMESTER 2

    Strictly as per the University of Mumbai LL.M. syllabus in force

    For LL.M. students of the University of Mumbai and all its affiliated law colleges

    munotes.in Foundation Course

    Judicial Process

    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 MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

    munotes.in

    Contents

    Module I

    1. What the Judicial Process Is 1
    2. The Judicial Process as an Instrument of Social Ordering 6
    3. Cardozo and the Nature of the Judicial Process 11
    4. The Declaratory Theory and the Living Oracle 15
    5. Judicial Reasoning, not Calculation 19
    6. The Final Cause of Law Is the Welfare of Society 23
    7. The Gap in the Law 27
    8. Creation, not Discovery 31
    9. The Method of Philosophy: The Rule of Logic 36
    10. The Method of History 40
    11. The Method of Tradition and Custom 44
    12. The Method of Sociology 48
    13. Judicial Creativity and the Growth of Law 53
    14. The Tools and Techniques of Judicial Creativity 57
    15. The Limits of Judicial Creativity 62
    16. The Doctrine of Precedent 67
    17. Ratio Decidendi and Obiter Dicta 71
    18. When a Precedent Binds, and When It Does Not 75
    19. The Merits and the Demerits of Precedent 79
    20. Distinguishing and Overruling: Precedent as Creativity 83
    munotes.in

    Contents continued

    Module I continued

    1. Article 141 and Stare Decisis in India 87
    2. When the Supreme Court Departs from Itself 91
    3. Legal Development through Codification 95

    Module II

    1. The Special Dimensions of the Judicial Process 99
    2. What Judicial Review Is 103
    3. The Constitutional Basis of Judicial Review in India 107
    4. The Grounds of Judicial Review 111
    5. Judicial Review as a Basic Feature of the Constitution 115
    6. The Philosophy of Judicial Review and Limited Government 120
    7. The Role of the Courts in Constitutional Adjudication 124
    8. Judicial Review as a Check on Power 128
    9. What Judicial Activism Is 132
    10. The Varieties of Judicial Activism 136
    11. The Scope and the Necessity of Judicial Activism 140
    12. The Limits of Judicial Activism and the Charge of Overreach 144
    13. Judicial Activism and Judicial Restraint 149
    14. Judicial Accountability 153
    15. The Institutional Liability of the Courts: Scope and Limits 157
    munotes.in

    Contents continued

    Module II continued

    1. The Accountability of the Executive 161
    2. The Judicial Process in India 165
    3. The Independence of the Judiciary 169
    4. The Constitutional Guarantees of Independence 173
    5. The Appointment of Judges 177
    6. The First Judges Case 181
    7. The Second Judges Case 184
    8. The Third Judges Case 187
    9. The National Judicial Appointments Commission 191
    10. The Political Nature of the Judicial Process 195
    11. Structural Vulnerability and the Political Executive 199
    12. The Judicial Creativity of the Supreme Court of India 203
    13. The Judicial Process in Pursuit of Constitutional Goals and Values 207
    14. New Dimensions of Judicial Activism, and the Structural Challenges 211
    15. Constitutional Jurisprudence Built through Judicial Activism 215
    16. What Public Interest Litigation Is 219
    17. Locus Standi and Epistolary Jurisdiction 223
    18. PIL as a Judicial Arm Creating New Dimensions for Achieving Justice 227
    munotes.in

    Contents continued

    Module II continued

    1. The Misuse of PIL, and the Remedies 231
    2. The Constitution as a Living Document 235
    3. Creative Law-Making and the New Socio-Economic Rights 239
    4. Substance over Technicality: Articles 14 and 21 243
    5. Individual Freedom and Collective Welfare 247
    6. Judicial Activism for the Marginalised 251
    7. The Prison Cases and the Dignity of the Individual 255

    Module III

    1. What Justice Is 259
    2. Dharma: What the Word Means 263
    3. The Sources of Dharma 267
    4. Dharma as the Foundation of Legal Ordering 271
    5. Dharma as the Foundation of Justice in India 275
    6. The Aspects of Dharma 279
    7. Raja Dharma: The Duty of the Ruler 283
    8. Dharma in the Indian Legal System Today 287
    9. The Purpose of Dharma 291
    10. Dharma Is Not Religion 295
    11. Dharma, Natural Justice and the Rule of Law 299
    munotes.in

    Contents continued

    Module III continued

    1. Justice in Greek Thought: Plato and Aristotle 303
    2. The Liberal Contractual Tradition 307
    3. Rawls and Justice as Fairness 311
    4. The Liberal Moral Tradition: Kant 315
    5. The Liberal Utilitarian Tradition: Bentham and Mill 319
    6. The Critics of Liberal Justice 324

    Module IV

    1. The Relation between Law and Justice 328
    2. Equivalence Theories of Justice 332
    3. Dependency Theories of Justice 336
    4. The Independence of Justice from Law 340
    5. The Interrelationship, Read through the Theories of Justice 344
    6. Law and Justice in the Indian Constitutional Order 348
    7. Supreme Court Cases Read through the Theories of Justice 352
    munotes.in

    Page 1 onwards

    munotes.in

    356 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. 356 pages.
    Papers
    Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2024, 2025, 2026
    Every chapter in the notes: 87 chapters across 4 modules

    Module I 23 chapters

    1. 1 What the Judicial Process Is pages 1 to 5
    2. 2 The Judicial Process as an Instrument of Social Ordering pages 6 to 10
    3. 3 Cardozo and the Nature of the Judicial Process pages 11 to 14
    4. 4 The Declaratory Theory and the Living Oracle pages 15 to 18
    5. 5 Judicial Reasoning, not Calculation pages 19 to 22
    6. 6 The Final Cause of Law Is the Welfare of Society pages 23 to 26
    7. 7 The Gap in the Law pages 27 to 30
    8. 8 Creation, not Discovery pages 31 to 35
    9. 9 The Method of Philosophy: The Rule of Logic pages 36 to 39
    10. 10 The Method of History pages 40 to 43
    11. 11 The Method of Tradition and Custom pages 44 to 47
    12. 12 The Method of Sociology pages 48 to 52
    13. 13 Judicial Creativity and the Growth of Law pages 53 to 56
    14. 14 The Tools and Techniques of Judicial Creativity pages 57 to 61
    15. 15 The Limits of Judicial Creativity pages 62 to 66
    16. 16 The Doctrine of Precedent pages 67 to 70
    17. 17 Ratio Decidendi and Obiter Dicta pages 71 to 74
    18. 18 When a Precedent Binds, and When It Does Not pages 75 to 78
    19. 19 The Merits and the Demerits of Precedent pages 79 to 82
    20. 20 Distinguishing and Overruling: Precedent as Creativity pages 83 to 86
    21. 21 Article 141 and Stare Decisis in India pages 87 to 90
    22. 22 When the Supreme Court Departs from Itself pages 91 to 94
    23. 23 Legal Development through Codification pages 95 to 98

    Module II 40 chapters

    1. 24 The Special Dimensions of the Judicial Process pages 99 to 102
    2. 25 What Judicial Review Is pages 103 to 106
    3. 26 The Constitutional Basis of Judicial Review in India pages 107 to 110
    4. 27 The Grounds of Judicial Review pages 111 to 114
    5. 28 Judicial Review as a Basic Feature of the Constitution pages 115 to 119
    6. 29 The Philosophy of Judicial Review and Limited Government pages 120 to 123
    7. 30 The Role of the Courts in Constitutional Adjudication pages 124 to 127
    8. 31 Judicial Review as a Check on Power pages 128 to 131
    9. 32 What Judicial Activism Is pages 132 to 135
    10. 33 The Varieties of Judicial Activism pages 136 to 139
    11. 34 The Scope and the Necessity of Judicial Activism pages 140 to 143
    12. 35 The Limits of Judicial Activism and the Charge of Overreach pages 144 to 148
    13. 36 Judicial Activism and Judicial Restraint pages 149 to 152
    14. 37 Judicial Accountability pages 153 to 156
    15. 38 The Institutional Liability of the Courts: Scope and Limits pages 157 to 160
    16. 39 The Accountability of the Executive pages 161 to 164
    17. 40 The Judicial Process in India pages 165 to 168
    18. 41 The Independence of the Judiciary pages 169 to 172
    19. 42 The Constitutional Guarantees of Independence pages 173 to 176
    20. 43 The Appointment of Judges pages 177 to 180
    21. 44 The First Judges Case pages 181 to 183
    22. 45 The Second Judges Case pages 184 to 186
    23. 46 The Third Judges Case pages 187 to 190
    24. 47 The National Judicial Appointments Commission pages 191 to 194
    25. 48 The Political Nature of the Judicial Process pages 195 to 198
    26. 49 Structural Vulnerability and the Political Executive pages 199 to 202
    27. 50 The Judicial Creativity of the Supreme Court of India pages 203 to 206
    28. 51 The Judicial Process in Pursuit of Constitutional Goals and Values pages 207 to 210
    29. 52 New Dimensions of Judicial Activism, and the Structural Challenges pages 211 to 214
    30. 53 Constitutional Jurisprudence Built through Judicial Activism pages 215 to 218
    31. 54 What Public Interest Litigation Is pages 219 to 222
    32. 55 Locus Standi and Epistolary Jurisdiction pages 223 to 226
    33. 56 PIL as a Judicial Arm Creating New Dimensions for Achieving Justice pages 227 to 230
    34. 57 The Misuse of PIL, and the Remedies pages 231 to 234
    35. 58 The Constitution as a Living Document pages 235 to 238
    36. 59 Creative Law-Making and the New Socio-Economic Rights pages 239 to 242
    37. 60 Substance over Technicality: Articles 14 and 21 pages 243 to 246
    38. 61 Individual Freedom and Collective Welfare pages 247 to 250
    39. 62 Judicial Activism for the Marginalised pages 251 to 254
    40. 63 The Prison Cases and the Dignity of the Individual pages 255 to 258

    Module III 17 chapters

    1. 64 What Justice Is pages 259 to 262
    2. 65 Dharma: What the Word Means pages 263 to 266
    3. 66 The Sources of Dharma pages 267 to 270
    4. 67 Dharma as the Foundation of Legal Ordering pages 271 to 274
    5. 68 Dharma as the Foundation of Justice in India pages 275 to 278
    6. 69 The Aspects of Dharma pages 279 to 282
    7. 70 Raja Dharma: The Duty of the Ruler pages 283 to 286
    8. 71 Dharma in the Indian Legal System Today pages 287 to 290
    9. 72 The Purpose of Dharma pages 291 to 294
    10. 73 Dharma Is Not Religion pages 295 to 298
    11. 74 Dharma, Natural Justice and the Rule of Law pages 299 to 302
    12. 75 Justice in Greek Thought: Plato and Aristotle pages 303 to 306
    13. 76 The Liberal Contractual Tradition pages 307 to 310
    14. 77 Rawls and Justice as Fairness pages 311 to 314
    15. 78 The Liberal Moral Tradition: Kant pages 315 to 318
    16. 79 The Liberal Utilitarian Tradition: Bentham and Mill pages 319 to 323
    17. 80 The Critics of Liberal Justice pages 324 to 327

    Module IV 7 chapters

    1. 81 The Relation between Law and Justice pages 328 to 331
    2. 82 Equivalence Theories of Justice pages 332 to 335
    3. 83 Dependency Theories of Justice pages 336 to 339
    4. 84 The Independence of Justice from Law pages 340 to 343
    5. 85 The Interrelationship, Read through the Theories of Justice pages 344 to 347
    6. 86 Law and Justice in the Indian Constitutional Order pages 348 to 351
    7. 87 Supreme Court Cases Read through the Theories of Justice pages 352 to 356
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