LL.M. Constitutional and Administrative Law Semester 3: Notes and Solved Previous Year Question Papers 2026

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1. Public Authorities and Power Holders

   Official Notes munotes.in

   Public Authorities and Power Holders

   LL.M. · SEMESTER 3

   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

   Public Authorities and Power Holders

   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.

   Contents

   Module I

   1. What Maladministration Is 1
   2. Where the Ombudsman Begins: Sweden, 1809 6
   3. The Classical Model Spreads: Denmark and New Zealand 10
   4. Britain's Parliamentary Commissioner for Administration 14
   5. What Makes an Ombudsman an Ombudsman 18
   6. India Before the Lokpal: the Santhanam Committee 23
   7. The First Administrative Reforms Commission and the Lokpal Proposal 27
   8. Forty-Five Years of Failed Bills 31
   9. The Agitation of 2011 and the Making of the Act 35
   10. The Lokpal and Lokayuktas Act 2013: the Architecture 39
   11. The Lokpal Established: Composition and Qualifications 45
   12. Tenure, Salary, Removal and Staff 51
   13. The Inquiry Wing and the Prosecution Wing 57
   14. Who the Lokpal May Inquire Into, Including the Prime Minister 62
   15. Benches, Transfer of Cases, and Decision by Majority 68
   16. Complaint, Preliminary Inquiry and the Right to be Heard 72
   17. Sanction for Prosecution, and Action Against a Minister 78
   18. The Lokpal's Powers: Supervision, Search and the Powers of a Civil Court 83
   19. Attachment, Confiscation, and the Rest of the Powers 88

   Contents continued

   Module I continued

   1. Special Courts, and the Letter of Request 94
   2. Complaints Against the Lokpal Itself, and the Money 98
   3. The Declaration of Assets, and the Amendment of 2016 104
   4. Offences, Penalties, and the Reports 109
   5. Protections, Limitation, and the Bar of Jurisdiction 115
   6. The Rest of the Lokpal Act 120
   7. Section 63 and the Duty of Every State to Establish a Lokayukta 126
   8. Why the First Lokpal Took Office Only in 2019 130
   9. The Lokayuktas of the States 135
   10. Maharashtra's Act of 1971: the Office 140
   11. Maharashtra's Act of 1971: What It May Investigate, and How 147
   12. The Maharashtra Lokayukta Act 2023: What Has Changed 154
   13. The Maharashtra Act of 2023: Jurisdiction and Benches 160
   14. The Maharashtra Act of 2023: Inquiry, Investigation and Hearing 166
   15. The Maharashtra Act of 2023: the Rest, and the Repeal 173
   16. Is the Central Vigilance Commission an Ombudsman 179
   17. The Ombudsman's Weakness: Recommendation Without Power 184
   18. Grievance Redress, and the Statute India Never Passed 188

   Contents continued

   Module I continued

   1. A Worked Comparison: Lokpal, Lokayukta and the Ombudsman Abroad 193
   2. What a Commission of Inquiry Is For 197
   3. The Public Servants (Inquiries) Act 1850, and Its Repeal 202
   4. The English Model: the Tribunals of Inquiry (Evidence) Act 1921 207
   5. The Commissions of Inquiry Act 1952: Extent and Definitions 212
   6. Appointing a Commission: Section 3 217
   7. The Commission's Composition, Staff and Assessors 223
   8. The Powers of a Civil Court: Section 5 228
   9. Statements Before a Commission: Sections 6 and 6A 233
   10. Vacancy, Cesser and the Continuity of an Inquiry 238
   11. Sections 8B and 8C: the Right to be Heard and to Cross-Examine 243
   12. Additional Powers, Search and Seizure 248
   13. Offences Before a Commission, and the Rule-Making Power 253
   14. The Commission Is Not a Court 258
   15. The Report Is Recommendatory: Proprio Vigore 263
   16. How Much Natural Justice Is Owed Before a Commission 268
   17. Challenging the Notification 273
   18. What Happens to the Report 279

   Contents continued

   Module I continued

   1. What a Report Cannot Do to the Criminal Process 283
   2. The Great Indian Commissions and What Became of Their Reports 288
   3. Delay, Cost and the Practical Case Against the Present Act 292
   4. The Reforms This Act Needs 297

   Module II

   1. What Vigilance Means in Indian Administration 302
   2. Before 2003: the Resolution of 1964 307
   3. Vineet Narain and the Direction to Give the CVC Statutory Status 312
   4. The Central Vigilance Commission Act 2003: the Architecture 320
   5. The Constitution of the Commission: Section 3 325
   6. Appointment, and the Doctrine of Institutional Integrity 330
   7. Terms of Office, the Oath, and Removal 336
   8. The Functions and Powers of the Commission 343
   9. Sections 8A, 8B and 11A: What the Lokpal Act Put Into This Act 350
   10. Proceedings, and the Powers of a Civil Court 357
   11. Expenses, the Annual Report, and Protection 364
   12. Reports, Information, and Consultation 370

   Contents continued

   Module II continued

   1. Rules, Regulations, and the Tail of the Act 376
   2. The Chief Vigilance Officer 386
   3. First and Second Stage Advice 391
   4. State Vigilance Commissions 396
   5. The Commission and the Lokpal 402
   6. What Corruption Is in Law 408
   7. Criminal Misconduct, and the Sanction to Prosecute 417
   8. The Weaknesses of the Central Vigilance Commission 426
   9. What the Central Bureau of Investigation Actually Is 434
   10. The War-Time Origin 440
   11. The Act of 1946, Read Section by Section 445
   12. Superintendence: Section 4 451
   13. The Director, and the Committee 457
   14. Offences, and the Extension of Powers 464
   15. The Consent of the State 469
   16. The Agency Without Consent 475
   17. Section 6A, Struck Down Twice 481
   18. The Organisation of the Agency 489
   19. How a Case Begins 495

   Contents continued

   Module II continued

   1. The Court-Monitored Investigation 502
   2. The Caged Parrot 507
   3. The Agency and the Right to Information 513
   4. The Challenge to the Agency's Existence 517
   5. Further Investigation and Fresh Investigation 523
   6. The Other Central Agencies 528
   7. How an Agency Is Insulated 534
   8. The Case for a Central Bureau of Investigation Act 541

   Module III

   1. Why a Legislature Inquires 548
   2. The Two Sources 553
   3. Articles 105 and 194 558
   4. Privilege and Fundamental Rights 565
   5. Contempt of the House 571
   6. The Financial Committees 578
   7. The Public Accounts Committee and the Comptroller and Auditor General 583
   8. The Standing Committees 588
   9. Select and Joint Committees 593

   Contents continued

   Module III continued

   1. The Committee of Privileges 599
   2. The Committee on Subordinate Legislation 605
   3. The Other Scrutiny Committees 610
   4. The Powers of a Committee 615
   5. The Limits of a Committee Inquiry 620
   6. Judicial Review of Privilege 626
   7. Bribery, and the Immunity That Ended 632
   8. A Committee Report in a Court 640
   9. Where the Committee System Is Written 646
   10. The Weaknesses of the Committee System 652
   11. What Legislative Control Means 658
   12. Responsible Government 663
   13. The Question Hour 669
   14. The Zero Hour and the Notices 674
   15. No-Confidence and Censure 679
   16. The Executive's Duty to Inform 684
   17. Control Through the Purse 690
   18. Why Delegated Legislation 696
   19. The Essential Legislative Function 700

   Contents continued

   Module III continued

   1. The Laying Procedure 706
   2. Is Laying Mandatory? 711
   3. Publication and Previous Publication 718
   4. Legislative Control Through Audit 724
   5. Why Legislative Control Is Weak 730
   6. Legislative Control in a State 736
   7. The Three Controls Compared 742

   Module IV

   1. What Financial Control Is 748
   2. No Tax and No Spending Without Law 753
   3. The Annual Financial Statement 759
   4. Demands, Appropriation and Finance 764
   5. Supplementary and Excess Grants 770
   6. Money Bills 776
   7. The Office of the Comptroller and Auditor General 783
   8. The Safeguards of Independence 789
   9. Duties and Powers: Article 149 796
   10. The Form of Accounts 802
   11. The Audit Reports: Article 151 808

   Contents continued

   Module IV continued

   1. The Act of 1971: The Duties 813
   2. Audit of Receipts and Stores 819
   3. Audit of Companies and Corporations 825
   4. The Powers of Inspection 831
   5. The Three Audits 838
   6. How Far Audit Reaches 844
   7. What Happens to an Audit Report 851
   8. The Auditor and Policy 859
   9. The Fiscal Responsibility Act 866
   10. Review Reports and Rules 875
   11. Financial Control in a State 882
   12. The Finance Commission and Net Proceeds 889
   13. The Weaknesses of Financial Control 895
   14. What a Judicial Inquiry Is 902
   15. Why Judges Are Treated Differently 908
   16. Article 124(4): The Ground and the Procedure 914
   17. Article 124(5) and the Act 920
   18. The Motion and the Committee 925
   19. The Inquiry and the Report 931

   Contents continued

   Module IV continued

   1. The Procedure on the Report 937
   2. The Investigation Stage and the Political Stage 943
   3. A Motion Does Not Lapse on Dissolution 949
   4. The Judge's Right to the Report, and Review Before the House 955
   5. Bias in the Composition of the Committee 962
   6. The Ramaswami Proceedings, Worked in Full 970
   7. Every Removal Attempt This Book Can Document 979
   8. Misbehaviour Short of Removal: the In-House Procedure 987
   9. The In-House Procedure Restated as Steps 995
   10. The Confidentiality of an In-House Inquiry Report 1004
   11. A Judge as a Public Servant: Prosecution for Corruption 1012
   12. Contempt as the Last Resort 1021
   13. Articles 121 and 211: the Bar on Discussing a Judge 1028
   14. Inquiry BY a Judge: the Judicial Commission of Inquiry 1037
   15. Should a Serving Judge Head a Commission of Inquiry 1043
   16. Judicial Inquiry Into a Custodial Death or an Encounter 1050
   17. What Judicial Inquiries Are Worth: the Honest Assessment 1059

   Page 1 onwards

   1,066 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. 1,066 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2026

   Every chapter in the notes: 180 chapters across 4 modules

   Module I 59 chapters

   1. 1 What Maladministration Is pages 1 to 5
   2. 2 Where the Ombudsman Begins: Sweden, 1809 pages 6 to 9
   3. 3 The Classical Model Spreads: Denmark and New Zealand pages 10 to 13
   4. 4 Britain's Parliamentary Commissioner for Administration pages 14 to 17
   5. 5 What Makes an Ombudsman an Ombudsman pages 18 to 22
   6. 6 India Before the Lokpal: the Santhanam Committee pages 23 to 26
   7. 7 The First Administrative Reforms Commission and the Lokpal Proposal pages 27 to 30
   8. 8 Forty-Five Years of Failed Bills pages 31 to 34
   9. 9 The Agitation of 2011 and the Making of the Act pages 35 to 38
   10. 10 The Lokpal and Lokayuktas Act 2013: the Architecture pages 39 to 44
   11. 11 The Lokpal Established: Composition and Qualifications pages 45 to 50
   12. 12 Tenure, Salary, Removal and Staff pages 51 to 56
   13. 13 The Inquiry Wing and the Prosecution Wing pages 57 to 61
   14. 14 Who the Lokpal May Inquire Into, Including the Prime Minister pages 62 to 67
   15. 15 Benches, Transfer of Cases, and Decision by Majority pages 68 to 71
   16. 16 Complaint, Preliminary Inquiry and the Right to be Heard pages 72 to 77
   17. 17 Sanction for Prosecution, and Action Against a Minister pages 78 to 82
   18. 18 The Lokpal's Powers: Supervision, Search and the Powers of a Civil Court pages 83 to 87
   19. 19 Attachment, Confiscation, and the Rest of the Powers pages 88 to 93
   20. 20 Special Courts, and the Letter of Request pages 94 to 97
   21. 21 Complaints Against the Lokpal Itself, and the Money pages 98 to 103
   22. 22 The Declaration of Assets, and the Amendment of 2016 pages 104 to 108
   23. 23 Offences, Penalties, and the Reports pages 109 to 114
   24. 24 Protections, Limitation, and the Bar of Jurisdiction pages 115 to 119
   25. 25 The Rest of the Lokpal Act pages 120 to 125
   26. 26 Section 63 and the Duty of Every State to Establish a Lokayukta pages 126 to 129
   27. 27 Why the First Lokpal Took Office Only in 2019 pages 130 to 134
   28. 28 The Lokayuktas of the States pages 135 to 139
   29. 29 Maharashtra's Act of 1971: the Office pages 140 to 146
   30. 30 Maharashtra's Act of 1971: What It May Investigate, and How pages 147 to 153
   31. 31 The Maharashtra Lokayukta Act 2023: What Has Changed pages 154 to 159
   32. 32 The Maharashtra Act of 2023: Jurisdiction and Benches pages 160 to 165
   33. 33 The Maharashtra Act of 2023: Inquiry, Investigation and Hearing pages 166 to 172
   34. 34 The Maharashtra Act of 2023: the Rest, and the Repeal pages 173 to 178
   35. 35 Is the Central Vigilance Commission an Ombudsman pages 179 to 183
   36. 36 The Ombudsman's Weakness: Recommendation Without Power pages 184 to 187
   37. 37 Grievance Redress, and the Statute India Never Passed pages 188 to 192
   38. 38 A Worked Comparison: Lokpal, Lokayukta and the Ombudsman Abroad pages 193 to 196
   39. 39 What a Commission of Inquiry Is For pages 197 to 201
   40. 40 The Public Servants (Inquiries) Act 1850, and Its Repeal pages 202 to 206
   41. 41 The English Model: the Tribunals of Inquiry (Evidence) Act 1921 pages 207 to 211
   42. 42 The Commissions of Inquiry Act 1952: Extent and Definitions pages 212 to 216
   43. 43 Appointing a Commission: Section 3 pages 217 to 222
   44. 44 The Commission's Composition, Staff and Assessors pages 223 to 227
   45. 45 The Powers of a Civil Court: Section 5 pages 228 to 232
   46. 46 Statements Before a Commission: Sections 6 and 6A pages 233 to 237
   47. 47 Vacancy, Cesser and the Continuity of an Inquiry pages 238 to 242
   48. 48 Sections 8B and 8C: the Right to be Heard and to Cross-Examine pages 243 to 247
   49. 49 Additional Powers, Search and Seizure pages 248 to 252
   50. 50 Offences Before a Commission, and the Rule-Making Power pages 253 to 257
   51. 51 The Commission Is Not a Court pages 258 to 262
   52. 52 The Report Is Recommendatory: Proprio Vigore pages 263 to 267
   53. 53 How Much Natural Justice Is Owed Before a Commission pages 268 to 272
   54. 54 Challenging the Notification pages 273 to 278
   55. 55 What Happens to the Report pages 279 to 282
   56. 56 What a Report Cannot Do to the Criminal Process pages 283 to 287
   57. 57 The Great Indian Commissions and What Became of Their Reports pages 288 to 291
   58. 58 Delay, Cost and the Practical Case Against the Present Act pages 292 to 296
   59. 59 The Reforms This Act Needs pages 297 to 301

   Module II 39 chapters

   1. 60 What Vigilance Means in Indian Administration pages 302 to 306
   2. 61 Before 2003: the Resolution of 1964 pages 307 to 311
   3. 62 Vineet Narain and the Direction to Give the CVC Statutory Status pages 312 to 319
   4. 63 The Central Vigilance Commission Act 2003: the Architecture pages 320 to 324
   5. 64 The Constitution of the Commission: Section 3 pages 325 to 329
   6. 65 Appointment, and the Doctrine of Institutional Integrity pages 330 to 335
   7. 66 Terms of Office, the Oath, and Removal pages 336 to 342
   8. 67 The Functions and Powers of the Commission pages 343 to 349
   9. 68 Sections 8A, 8B and 11A: What the Lokpal Act Put Into This Act pages 350 to 356
   10. 69 Proceedings, and the Powers of a Civil Court pages 357 to 363
   11. 70 Expenses, the Annual Report, and Protection pages 364 to 369
   12. 71 Reports, Information, and Consultation pages 370 to 375
   13. 72 Rules, Regulations, and the Tail of the Act pages 376 to 385
   14. 73 The Chief Vigilance Officer pages 386 to 390
   15. 74 First and Second Stage Advice pages 391 to 395
   16. 75 State Vigilance Commissions pages 396 to 401
   17. 76 The Commission and the Lokpal pages 402 to 407
   18. 77 What Corruption Is in Law pages 408 to 416
   19. 78 Criminal Misconduct, and the Sanction to Prosecute pages 417 to 425
   20. 79 The Weaknesses of the Central Vigilance Commission pages 426 to 433
   21. 80 What the Central Bureau of Investigation Actually Is pages 434 to 439
   22. 81 The War-Time Origin pages 440 to 444
   23. 82 The Act of 1946, Read Section by Section pages 445 to 450
   24. 83 Superintendence: Section 4 pages 451 to 456
   25. 84 The Director, and the Committee pages 457 to 463
   26. 85 Offences, and the Extension of Powers pages 464 to 468
   27. 86 The Consent of the State pages 469 to 474
   28. 87 The Agency Without Consent pages 475 to 480
   29. 88 Section 6A, Struck Down Twice pages 481 to 488
   30. 89 The Organisation of the Agency pages 489 to 494
   31. 90 How a Case Begins pages 495 to 501
   32. 91 The Court-Monitored Investigation pages 502 to 506
   33. 92 The Caged Parrot pages 507 to 512
   34. 93 The Agency and the Right to Information pages 513 to 516
   35. 94 The Challenge to the Agency's Existence pages 517 to 522
   36. 95 Further Investigation and Fresh Investigation pages 523 to 527
   37. 96 The Other Central Agencies pages 528 to 533
   38. 97 How an Agency Is Insulated pages 534 to 540
   39. 98 The Case for a Central Bureau of Investigation Act pages 541 to 547

   Module III 35 chapters

   1. 99 Why a Legislature Inquires pages 548 to 552
   2. 100 The Two Sources pages 553 to 557
   3. 101 Articles 105 and 194 pages 558 to 564
   4. 102 Privilege and Fundamental Rights pages 565 to 570
   5. 103 Contempt of the House pages 571 to 577
   6. 104 The Financial Committees pages 578 to 582
   7. 105 The Public Accounts Committee and the Comptroller and Auditor General pages 583 to 587
   8. 106 The Standing Committees pages 588 to 592
   9. 107 Select and Joint Committees pages 593 to 598
   10. 108 The Committee of Privileges pages 599 to 604
   11. 109 The Committee on Subordinate Legislation pages 605 to 609
   12. 110 The Other Scrutiny Committees pages 610 to 614
   13. 111 The Powers of a Committee pages 615 to 619
   14. 112 The Limits of a Committee Inquiry pages 620 to 625
   15. 113 Judicial Review of Privilege pages 626 to 631
   16. 114 Bribery, and the Immunity That Ended pages 632 to 639
   17. 115 A Committee Report in a Court pages 640 to 645
   18. 116 Where the Committee System Is Written pages 646 to 651
   19. 117 The Weaknesses of the Committee System pages 652 to 657
   20. 118 What Legislative Control Means pages 658 to 662
   21. 119 Responsible Government pages 663 to 668
   22. 120 The Question Hour pages 669 to 673
   23. 121 The Zero Hour and the Notices pages 674 to 678
   24. 122 No-Confidence and Censure pages 679 to 683
   25. 123 The Executive's Duty to Inform pages 684 to 689
   26. 124 Control Through the Purse pages 690 to 695
   27. 125 Why Delegated Legislation pages 696 to 699
   28. 126 The Essential Legislative Function pages 700 to 705
   29. 127 The Laying Procedure pages 706 to 710
   30. 128 Is Laying Mandatory? pages 711 to 717
   31. 129 Publication and Previous Publication pages 718 to 723
   32. 130 Legislative Control Through Audit pages 724 to 729
   33. 131 Why Legislative Control Is Weak pages 730 to 735
   34. 132 Legislative Control in a State pages 736 to 741
   35. 133 The Three Controls Compared pages 742 to 747

   Module IV 47 chapters

   1. 134 What Financial Control Is pages 748 to 752
   2. 135 No Tax and No Spending Without Law pages 753 to 758
   3. 136 The Annual Financial Statement pages 759 to 763
   4. 137 Demands, Appropriation and Finance pages 764 to 769
   5. 138 Supplementary and Excess Grants pages 770 to 775
   6. 139 Money Bills pages 776 to 782
   7. 140 The Office of the Comptroller and Auditor General pages 783 to 788
   8. 141 The Safeguards of Independence pages 789 to 795
   9. 142 Duties and Powers: Article 149 pages 796 to 801
   10. 143 The Form of Accounts pages 802 to 807
   11. 144 The Audit Reports: Article 151 pages 808 to 812
   12. 145 The Act of 1971: The Duties pages 813 to 818
   13. 146 Audit of Receipts and Stores pages 819 to 824
   14. 147 Audit of Companies and Corporations pages 825 to 830
   15. 148 The Powers of Inspection pages 831 to 837
   16. 149 The Three Audits pages 838 to 843
   17. 150 How Far Audit Reaches pages 844 to 850
   18. 151 What Happens to an Audit Report pages 851 to 858
   19. 152 The Auditor and Policy pages 859 to 865
   20. 153 The Fiscal Responsibility Act pages 866 to 874
   21. 154 Review Reports and Rules pages 875 to 881
   22. 155 Financial Control in a State pages 882 to 888
   23. 156 The Finance Commission and Net Proceeds pages 889 to 894
   24. 157 The Weaknesses of Financial Control pages 895 to 901
   25. 158 What a Judicial Inquiry Is pages 902 to 907
   26. 159 Why Judges Are Treated Differently pages 908 to 913
   27. 160 Article 124(4): The Ground and the Procedure pages 914 to 919
   28. 161 Article 124(5) and the Act pages 920 to 924
   29. 162 The Motion and the Committee pages 925 to 930
   30. 163 The Inquiry and the Report pages 931 to 936
   31. 164 The Procedure on the Report pages 937 to 942
   32. 165 The Investigation Stage and the Political Stage pages 943 to 948
   33. 166 A Motion Does Not Lapse on Dissolution pages 949 to 954
   34. 167 The Judge's Right to the Report, and Review Before the House pages 955 to 961
   35. 168 Bias in the Composition of the Committee pages 962 to 969
   36. 169 The Ramaswami Proceedings, Worked in Full pages 970 to 978
   37. 170 Every Removal Attempt This Book Can Document pages 979 to 986
   38. 171 Misbehaviour Short of Removal: the In-House Procedure pages 987 to 994
   39. 172 The In-House Procedure Restated as Steps pages 995 to 1,003
   40. 173 The Confidentiality of an In-House Inquiry Report pages 1,004 to 1,011
   41. 174 A Judge as a Public Servant: Prosecution for Corruption pages 1,012 to 1,020
   42. 175 Contempt as the Last Resort pages 1,021 to 1,027
   43. 176 Articles 121 and 211: the Bar on Discussing a Judge pages 1,028 to 1,036
   44. 177 Inquiry BY a Judge: the Judicial Commission of Inquiry pages 1,037 to 1,042
   45. 178 Should a Serving Judge Head a Commission of Inquiry pages 1,043 to 1,049
   46. 179 Judicial Inquiry Into a Custodial Death or an Encounter pages 1,050 to 1,058
   47. 180 What Judicial Inquiries Are Worth: the Honest Assessment pages 1,059 to 1,066
   Every paper that is solved: 5 papers

   • 2025-26
   • 2019
   • 2018
   • 2016
   • 2015

2. Administrative Process and Judicial Control

   Official Notes munotes.in

   Administrative Process and Judicial Control

   LL.M. · SEMESTER 3

   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 and Judicial Control

   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.

   Contents

   Module I

   1. What Administrative Law Is 1
   2. The Administrative Process: What the Administration Actually Does 5
   3. Why Administrative Law Grew: From the Police State to the Welfare State 8
   4. The Agencies of the Administrative Process 11
   5. The Executive, Statutory Authorities and Public Corporations 14
   6. The State under Article 12, and Who Can Be Sued in a Writ 17
   7. Regulatory Agencies and the Modern Regulatory State 21
   8. Administrative Tribunals: Articles 323A and 323B 24
   9. The Administrative Tribunals Act 1985 in Working Order 27
   10. Classifying Administrative Action: Legislative, Quasi-Judicial and Administrative 30
   11. A.K. Kraipak and the Fading Line Between Quasi-Judicial and Administrative Action 33
   12. Droit Administratif: The French System 36
   13. The Conseil d'Etat and How French Administrative Justice Works 39
   14. Dicey, the Rule of Law and the Quarrel with Droit Administratif 42
   15. Common Law Control Compared with the French System 45
   16. What Judicial Review Is 48
   17. The Historical Development of Judicial Review 51

   Contents continued

   Module I continued

   1. Judicial Review in the Constituent Assembly and in the Text of the Constitution 54
   2. The Three Limbs of Judicial Review 57
   3. Judicial Review of Administrative Action Distinguished from Review of Legislation 60
   4. The Scope and Limits of the Judiciary's Power of Review 63
   5. Judicial Review and the Basic Structure 66
   6. State Actions Are Amenable in the Panorama of Judicial Review 70

   Module II

   1. Jurisdiction: What the Word Means Here 73
   2. Article 32: The Supreme Court's Writ Jurisdiction 76
   3. The Right to Constitutional Remedies as the Heart and Soul of the Constitution 79
   4. When Article 32 Is Available, and When It Is Not 82
   5. Articles 226 and 227: The High Court's Jurisdiction 86
   6. Article 226 Compared with Article 32 89
   7. Article 227: The Power of Superintendence 92
   8. Territorial Jurisdiction: Article 226(2) and Where the Cause of Action Arises 95
   9. Article 136: Special Leave to Appeal 98

   Contents continued

   Module II continued

   1. The Five Writs and Where They Came From 101
   2. The Writ of Habeas Corpus 104
   3. Habeas Corpus in Practice: Preventive Detention and ADM Jabalpur 107
   4. The Writ of Mandamus 110
   5. Mandamus: Who May Ask, Against Whom, and What Bars It 113
   6. The Writ of Certiorari 116
   7. The Writ of Prohibition, and How It Differs from Certiorari 119
   8. The Writ of Quo Warranto 122
   9. Jurisdictional Error and the Collateral Fact Doctrine 125
   10. Error of Law Apparent on the Face of the Record 129
   11. The Law and Fact Distinction 132
   12. Locus Standi: Who May Ask the Court to Review 135
   13. Public Interest Litigation and Judicial Review 138
   14. How Public Interest Litigation Actually Works 141
   15. Tribunals, Article 323A and L. Chandra Kumar 144
   16. The Grounds of Judicial Review, Classified 147
   17. Illegality, Irrationality and Procedural Impropriety 150
   18. The Doctrine of Ultra Vires 153
   19. Substantive and Procedural Ultra Vires 156

   Contents continued

   Module II continued

   1. Administrative Discretion: Why It Exists and Why It Is Controlled 159
   2. The Exercise of Discretionary Powers by State Officials 162
   3. Liversidge v Anderson and Subjective Satisfaction 165
   4. Subjective Satisfaction in India after Barium Chemicals 168
   5. Padfield: A Discretion Must Serve the Policy and Objects of the Act 171
   6. Mala Fides: Malice in Fact and Malice in Law 174
   7. Improper Purpose and Colourable Exercise of Power 177
   8. Irrelevant Considerations, and Ignoring Relevant Ones 180
   9. Non-Application of Mind 183
   10. Acting Under Dictation 186
   11. Fettering a Discretion by a Self-Imposed Rule 188
   12. Unlawful Sub-Delegation of a Discretion 191
   13. Wednesbury Unreasonableness, which MU Prints as an Oppressing Decision 194
   14. The Doctrine of Proportionality 197
   15. Proportionality in India after Om Kumar and Modern Dental College 200
   16. Violation of Fundamental Rights as a Ground of Review 203
   17. Absolute and Wide Discretion, Discrimination and Article 14 206

   Contents continued

   Module II continued

   1. Error of Law and Error of Jurisdiction as Grounds 209
   2. Failure to Give Reasons: The Reasoned Decision 212
   3. Bias as a Ground of Review 215

   Module III

   1. Procedural Fairness and the Principles of Natural Justice 218
   2. Nemo Judex in Causa Sua: The Rule Against Bias 221
   3. The Kinds of Bias 224
   4. The Test for Bias 227
   5. The Doctrine of Necessity 229
   6. Audi Alteram Partem: The Right to a Fair Hearing 231
   7. What a Fair Hearing Contains 234
   8. Notice, Disclosure and the Materials Relied On 237
   9. Cross-Examination and Legal Representation 240
   10. Pre-Decisional and Post-Decisional Hearing 243
   11. Swadeshi Cotton Mills and the Post-Decisional Hearing 246
   12. Ridge v Baldwin and the Revival of Natural Justice 249
   13. Maneka Gandhi and the Hearing Requirement in Administrative Action 252
   14. Natural Justice under Articles 14 and 21 255

   Contents continued

   Module III continued

   1. Due Process in India 258
   2. Substantive and Procedural Fairness 261
   3. Natural Justice in Service Cases: Article 311 264
   4. The Doctrine of Legitimate Expectation 267
   5. Legitimate Expectation in India: Procedural and Substantive 270
   6. Exclusion of Natural Justice 274
   7. The Useless Formality Theory 277
   8. Void or Voidable: The Effect of a Breach of Natural Justice 280
   9. Institutional Decisions: He Who Decides Must Hear 283
   10. The Map of Remedies 286
   11. The Writ Remedy in Practice: How a Petition Is Actually Brought 289
   12. The Writ Remedy Is Discretionary, Not a Matter of Right 292
   13. Injunction as a Remedy Against the Administration 294
   14. Declaration as a Remedy Against the Administration 297
   15. Section 41 of the Specific Relief Act: The Injunctions a Court Cannot Grant 300
   16. Suit for Damages and the Tortious Liability of the State 303
   17. Compensation in Public Law 306
   18. Statutory Remedies: Appeal, Revision and Departmental Review 310

   Contents continued

   Module III continued

   1. Tribunals as the First Remedy 313
   2. Enforcing the Order: Contempt of Court 316
   3. Articles 141 and 142: The Reach of the Court's Own Order 319

   Module IV

   1. The Limits of Judicial Review 322
   2. Alternative Remedies 325
   3. Laches and Delay, which MU Prints as Latches 328
   4. Res Judicata in Writ Jurisdiction 331
   5. Constructive Res Judicata and Successive Petitions 334
   6. The Finality Clause 337
   7. The Exclusionary or Ouster Clause 340
   8. Anisminic and What Became of Ouster Clauses 342
   9. Ouster Clauses in India: Article 323A(2)(d), Kihoto and L. Chandra Kumar 345
   10. The Conclusive Evidence Clause 348
   11. Policy, Political Questions and Non-Justiciability 351
   12. Disputed Questions of Fact 354
   13. Academic Questions, Mootness and Infructuous Petitions 357
   14. The Petitioner's Own Conduct 359

   Contents continued

   Module IV continued

   1. Contracts, Tenders and Economic Policy 362
   2. Self-Restraint and the Separation of Powers 365
   3. The Abuse of Public Interest Litigation 368
   4. Immunities and Emergency: Articles 359 and 361 371
   5. The Limit Parliament Cannot Impose 374
   6. Delegated Legislation: What It Is 377
   7. Rules, Regulations, Bye-Laws, Notifications and Orders 380
   8. Why Delegated Legislation Is Inevitable 383
   9. The Need for, and the Growth of, Delegated Legislation in India 385
   10. Conditional Legislation 388
   11. The Essential Legislative Function: In re Delhi Laws Act 391
   12. Excessive Delegation after the Delhi Laws Act 394
   13. The Grounds on Which Delegated Legislation Is Void 397
   14. A Rule Ultra Vires Its Parent Act 400
   15. A Rule Contrary to the Constitution 403
   16. Unreasonableness and Manifest Arbitrariness in Subordinate Legislation 406
   17. Mala Fide Subordinate Legislation 409
   18. Retrospective Subordinate Legislation 412

   Contents continued

   Module IV continued

   1. Publication as a Condition of Validity 415
   2. Sub-Delegation of Rule-Making Power 418
   3. Consultation and the Procedural Control of Rule-Making 420
   4. Legislative Control: Laying and the Scrutiny Committees 423
   5. The Henry VIII Clause 426
   6. Judicial Review and Legislative Supremacy in Delegated Legislation 429

   Page 1 onwards

   431 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. 431 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2026

   Every chapter in the notes: 144 chapters across 4 modules

   Module I 23 chapters

   1. 1 What Administrative Law Is pages 1 to 4
   2. 2 The Administrative Process: What the Administration Actually Does pages 5 to 7
   3. 3 Why Administrative Law Grew: From the Police State to the Welfare State pages 8 to 10
   4. 4 The Agencies of the Administrative Process pages 11 to 13
   5. 5 The Executive, Statutory Authorities and Public Corporations pages 14 to 16
   6. 6 The State under Article 12, and Who Can Be Sued in a Writ pages 17 to 20
   7. 7 Regulatory Agencies and the Modern Regulatory State pages 21 to 23
   8. 8 Administrative Tribunals: Articles 323A and 323B pages 24 to 26
   9. 9 The Administrative Tribunals Act 1985 in Working Order pages 27 to 29
   10. 10 Classifying Administrative Action: Legislative, Quasi-Judicial and Administrative pages 30 to 32
   11. 11 A.K. Kraipak and the Fading Line Between Quasi-Judicial and Administrative Action pages 33 to 35
   12. 12 Droit Administratif: The French System pages 36 to 38
   13. 13 The Conseil d'Etat and How French Administrative Justice Works pages 39 to 41
   14. 14 Dicey, the Rule of Law and the Quarrel with Droit Administratif pages 42 to 44
   15. 15 Common Law Control Compared with the French System pages 45 to 47
   16. 16 What Judicial Review Is pages 48 to 50
   17. 17 The Historical Development of Judicial Review pages 51 to 53
   18. 18 Judicial Review in the Constituent Assembly and in the Text of the Constitution pages 54 to 56
   19. 19 The Three Limbs of Judicial Review pages 57 to 59
   20. 20 Judicial Review of Administrative Action Distinguished from Review of Legislation pages 60 to 62
   21. 21 The Scope and Limits of the Judiciary's Power of Review pages 63 to 65
   22. 22 Judicial Review and the Basic Structure pages 66 to 69
   23. 23 State Actions Are Amenable in the Panorama of Judicial Review pages 70 to 72

   Module II 48 chapters

   1. 24 Jurisdiction: What the Word Means Here pages 73 to 75
   2. 25 Article 32: The Supreme Court's Writ Jurisdiction pages 76 to 78
   3. 26 The Right to Constitutional Remedies as the Heart and Soul of the Constitution pages 79 to 81
   4. 27 When Article 32 Is Available, and When It Is Not pages 82 to 85
   5. 28 Articles 226 and 227: The High Court's Jurisdiction pages 86 to 88
   6. 29 Article 226 Compared with Article 32 pages 89 to 91
   7. 30 Article 227: The Power of Superintendence pages 92 to 94
   8. 31 Territorial Jurisdiction: Article 226(2) and Where the Cause of Action Arises pages 95 to 97
   9. 32 Article 136: Special Leave to Appeal pages 98 to 100
   10. 33 The Five Writs and Where They Came From pages 101 to 103
   11. 34 The Writ of Habeas Corpus pages 104 to 106
   12. 35 Habeas Corpus in Practice: Preventive Detention and ADM Jabalpur pages 107 to 109
   13. 36 The Writ of Mandamus pages 110 to 112
   14. 37 Mandamus: Who May Ask, Against Whom, and What Bars It pages 113 to 115
   15. 38 The Writ of Certiorari pages 116 to 118
   16. 39 The Writ of Prohibition, and How It Differs from Certiorari pages 119 to 121
   17. 40 The Writ of Quo Warranto pages 122 to 124
   18. 41 Jurisdictional Error and the Collateral Fact Doctrine pages 125 to 128
   19. 42 Error of Law Apparent on the Face of the Record pages 129 to 131
   20. 43 The Law and Fact Distinction pages 132 to 134
   21. 44 Locus Standi: Who May Ask the Court to Review pages 135 to 137
   22. 45 Public Interest Litigation and Judicial Review pages 138 to 140
   23. 46 How Public Interest Litigation Actually Works pages 141 to 143
   24. 47 Tribunals, Article 323A and L. Chandra Kumar pages 144 to 146
   25. 48 The Grounds of Judicial Review, Classified pages 147 to 149
   26. 49 Illegality, Irrationality and Procedural Impropriety pages 150 to 152
   27. 50 The Doctrine of Ultra Vires pages 153 to 155
   28. 51 Substantive and Procedural Ultra Vires pages 156 to 158
   29. 52 Administrative Discretion: Why It Exists and Why It Is Controlled pages 159 to 161
   30. 53 The Exercise of Discretionary Powers by State Officials pages 162 to 164
   31. 54 Liversidge v Anderson and Subjective Satisfaction pages 165 to 167
   32. 55 Subjective Satisfaction in India after Barium Chemicals pages 168 to 170
   33. 56 Padfield: A Discretion Must Serve the Policy and Objects of the Act pages 171 to 173
   34. 57 Mala Fides: Malice in Fact and Malice in Law pages 174 to 176
   35. 58 Improper Purpose and Colourable Exercise of Power pages 177 to 179
   36. 59 Irrelevant Considerations, and Ignoring Relevant Ones pages 180 to 182
   37. 60 Non-Application of Mind pages 183 to 185
   38. 61 Acting Under Dictation pages 186 to 187
   39. 62 Fettering a Discretion by a Self-Imposed Rule pages 188 to 190
   40. 63 Unlawful Sub-Delegation of a Discretion pages 191 to 193
   41. 64 Wednesbury Unreasonableness, which MU Prints as an Oppressing Decision pages 194 to 196
   42. 65 The Doctrine of Proportionality pages 197 to 199
   43. 66 Proportionality in India after Om Kumar and Modern Dental College pages 200 to 202
   44. 67 Violation of Fundamental Rights as a Ground of Review pages 203 to 205
   45. 68 Absolute and Wide Discretion, Discrimination and Article 14 pages 206 to 208
   46. 69 Error of Law and Error of Jurisdiction as Grounds pages 209 to 211
   47. 70 Failure to Give Reasons: The Reasoned Decision pages 212 to 214
   48. 71 Bias as a Ground of Review pages 215 to 217

   Module III 35 chapters

   1. 72 Procedural Fairness and the Principles of Natural Justice pages 218 to 220
   2. 73 Nemo Judex in Causa Sua: The Rule Against Bias pages 221 to 223
   3. 74 The Kinds of Bias pages 224 to 226
   4. 75 The Test for Bias pages 227 to 228
   5. 76 The Doctrine of Necessity pages 229 to 230
   6. 77 Audi Alteram Partem: The Right to a Fair Hearing pages 231 to 233
   7. 78 What a Fair Hearing Contains pages 234 to 236
   8. 79 Notice, Disclosure and the Materials Relied On pages 237 to 239
   9. 80 Cross-Examination and Legal Representation pages 240 to 242
   10. 81 Pre-Decisional and Post-Decisional Hearing pages 243 to 245
   11. 82 Swadeshi Cotton Mills and the Post-Decisional Hearing pages 246 to 248
   12. 83 Ridge v Baldwin and the Revival of Natural Justice pages 249 to 251
   13. 84 Maneka Gandhi and the Hearing Requirement in Administrative Action pages 252 to 254
   14. 85 Natural Justice under Articles 14 and 21 pages 255 to 257
   15. 86 Due Process in India pages 258 to 260
   16. 87 Substantive and Procedural Fairness pages 261 to 263
   17. 88 Natural Justice in Service Cases: Article 311 pages 264 to 266
   18. 89 The Doctrine of Legitimate Expectation pages 267 to 269
   19. 90 Legitimate Expectation in India: Procedural and Substantive pages 270 to 273
   20. 91 Exclusion of Natural Justice pages 274 to 276
   21. 92 The Useless Formality Theory pages 277 to 279
   22. 93 Void or Voidable: The Effect of a Breach of Natural Justice pages 280 to 282
   23. 94 Institutional Decisions: He Who Decides Must Hear pages 283 to 285
   24. 95 The Map of Remedies pages 286 to 288
   25. 96 The Writ Remedy in Practice: How a Petition Is Actually Brought pages 289 to 291
   26. 97 The Writ Remedy Is Discretionary, Not a Matter of Right pages 292 to 293
   27. 98 Injunction as a Remedy Against the Administration pages 294 to 296
   28. 99 Declaration as a Remedy Against the Administration pages 297 to 299
   29. 100 Section 41 of the Specific Relief Act: The Injunctions a Court Cannot Grant pages 300 to 302
   30. 101 Suit for Damages and the Tortious Liability of the State pages 303 to 305
   31. 102 Compensation in Public Law pages 306 to 309
   32. 103 Statutory Remedies: Appeal, Revision and Departmental Review pages 310 to 312
   33. 104 Tribunals as the First Remedy pages 313 to 315
   34. 105 Enforcing the Order: Contempt of Court pages 316 to 318
   35. 106 Articles 141 and 142: The Reach of the Court's Own Order pages 319 to 321

   Module IV 38 chapters

   1. 107 The Limits of Judicial Review pages 322 to 324
   2. 108 Alternative Remedies pages 325 to 327
   3. 109 Laches and Delay, which MU Prints as Latches pages 328 to 330
   4. 110 Res Judicata in Writ Jurisdiction pages 331 to 333
   5. 111 Constructive Res Judicata and Successive Petitions pages 334 to 336
   6. 112 The Finality Clause pages 337 to 339
   7. 113 The Exclusionary or Ouster Clause pages 340 to 341
   8. 114 Anisminic and What Became of Ouster Clauses pages 342 to 344
   9. 115 Ouster Clauses in India: Article 323A(2)(d), Kihoto and L. Chandra Kumar pages 345 to 347
   10. 116 The Conclusive Evidence Clause pages 348 to 350
   11. 117 Policy, Political Questions and Non-Justiciability pages 351 to 353
   12. 118 Disputed Questions of Fact pages 354 to 356
   13. 119 Academic Questions, Mootness and Infructuous Petitions pages 357 to 358
   14. 120 The Petitioner's Own Conduct pages 359 to 361
   15. 121 Contracts, Tenders and Economic Policy pages 362 to 364
   16. 122 Self-Restraint and the Separation of Powers pages 365 to 367
   17. 123 The Abuse of Public Interest Litigation pages 368 to 370
   18. 124 Immunities and Emergency: Articles 359 and 361 pages 371 to 373
   19. 125 The Limit Parliament Cannot Impose pages 374 to 376
   20. 126 Delegated Legislation: What It Is pages 377 to 379
   21. 127 Rules, Regulations, Bye-Laws, Notifications and Orders pages 380 to 382
   22. 128 Why Delegated Legislation Is Inevitable pages 383 to 384
   23. 129 The Need for, and the Growth of, Delegated Legislation in India pages 385 to 387
   24. 130 Conditional Legislation pages 388 to 390
   25. 131 The Essential Legislative Function: In re Delhi Laws Act pages 391 to 393
   26. 132 Excessive Delegation after the Delhi Laws Act pages 394 to 396
   27. 133 The Grounds on Which Delegated Legislation Is Void pages 397 to 399
   28. 134 A Rule Ultra Vires Its Parent Act pages 400 to 402
   29. 135 A Rule Contrary to the Constitution pages 403 to 405
   30. 136 Unreasonableness and Manifest Arbitrariness in Subordinate Legislation pages 406 to 408
   31. 137 Mala Fide Subordinate Legislation pages 409 to 411
   32. 138 Retrospective Subordinate Legislation pages 412 to 414
   33. 139 Publication as a Condition of Validity pages 415 to 417
   34. 140 Sub-Delegation of Rule-Making Power pages 418 to 419
   35. 141 Consultation and the Procedural Control of Rule-Making pages 420 to 422
   36. 142 Legislative Control: Laying and the Scrutiny Committees pages 423 to 425
   37. 143 The Henry VIII Clause pages 426 to 428
   38. 144 Judicial Review and Legislative Supremacy in Delegated Legislation pages 429 to 431
   Every paper that is solved: 5 papers

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