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

What do you get

• All the notes of all the subjects in Semester 3, as per the latest syllabus 2026.
• Previous year question papers, with full solutions.
• Your own dashboard, where you can track everything you have read, subject by subject.
• Valid for one year, 365 days from the day you pay.
• If the University revises the syllabus while your year is running, the notes are rewritten to match and you read the new version at no extra cost. You are never asked to buy the same semester twice.

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 free 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 44
   12. Tenure, Salary, Removal and Staff 49
   13. The Inquiry Wing and the Prosecution Wing 54
   14. Who the Lokpal May Inquire Into, Including the Prime Minister 59
   15. Benches, Transfer of Cases, and Decision by Majority 65
   16. Complaint, Preliminary Inquiry and the Right to be Heard 69
   17. Sanction for Prosecution, and Action Against a Minister 75
   18. The Lokpal's Powers: Supervision, Search and the Powers of a Civil Court 80
   19. Attachment, Confiscation, and the Rest of the Powers 85

   Contents continued

   Module I continued

   1. Special Courts, and the Letter of Request 91
   2. Complaints Against the Lokpal Itself, and the Money 95
   3. The Declaration of Assets, and the Amendment of 2016 101
   4. Offences, Penalties, and the Reports 106
   5. Protections, Limitation, and the Bar of Jurisdiction 112
   6. The Rest of the Lokpal Act 117
   7. Section 63 and the Duty of Every State to Establish a Lokayukta 123
   8. Why the First Lokpal Took Office Only in 2019 127
   9. The Lokayuktas of the States 132
   10. Maharashtra's Act of 1971: the Office 137
   11. Maharashtra's Act of 1971: What It May Investigate, and How 143
   12. The Maharashtra Lokayukta Act 2023: What Has Changed 149
   13. The Maharashtra Act of 2023: Jurisdiction and Benches 155
   14. The Maharashtra Act of 2023: Inquiry, Investigation and Hearing 161
   15. The Maharashtra Act of 2023: the Rest, and the Repeal 167
   16. Is the Central Vigilance Commission an Ombudsman 172
   17. The Ombudsman's Weakness: Recommendation Without Power 177
   18. Grievance Redress, and the Statute India Never Passed 181

   Contents continued

   Module I continued

   1. A Worked Comparison: Lokpal, Lokayukta and the Ombudsman Abroad 186
   2. What a Commission of Inquiry Is For 190
   3. The Public Servants (Inquiries) Act 1850, and Its Repeal 195
   4. The English Model: the Tribunals of Inquiry (Evidence) Act 1921 200
   5. The Commissions of Inquiry Act 1952: Extent and Definitions 205
   6. Appointing a Commission: Section 3 210
   7. The Commission's Composition, Staff and Assessors 216
   8. The Powers of a Civil Court: Section 5 221
   9. Statements Before a Commission: Sections 6 and 6A 226
   10. Vacancy, Cesser and the Continuity of an Inquiry 231
   11. Sections 8B and 8C: the Right to be Heard and to Cross-Examine 236
   12. Additional Powers, Search and Seizure 241
   13. Offences Before a Commission, and the Rule-Making Power 246
   14. The Commission Is Not a Court 251
   15. The Report Is Recommendatory: Proprio Vigore 256
   16. How Much Natural Justice Is Owed Before a Commission 261
   17. Challenging the Notification 266
   18. What Happens to the Report 272

   Contents continued

   Module I continued

   1. What a Report Cannot Do to the Criminal Process 276
   2. The Great Indian Commissions and What Became of Their Reports 281
   3. Delay, Cost and the Practical Case Against the Present Act 285
   4. The Reforms This Act Needs 290

   Module II

   1. What Vigilance Means in Indian Administration 295
   2. Before 2003: the Resolution of 1964 299
   3. Vineet Narain and the Direction to Give the CVC Statutory Status 303
   4. The Central Vigilance Commission Act 2003: the Architecture 310
   5. The Constitution of the Commission: Section 3 314
   6. Appointment, and the Doctrine of Institutional Integrity 319
   7. Terms of Office, the Oath, and Removal 325
   8. The Functions and Powers of the Commission 332
   9. Sections 8A, 8B and 11A: What the Lokpal Act Put Into This Act 339
   10. Proceedings, and the Powers of a Civil Court 346
   11. Expenses, the Annual Report, and Protection 353
   12. Reports, Information, and Consultation 359

   Contents continued

   Module II continued

   1. Rules, Regulations, and the Tail of the Act 365
   2. The Chief Vigilance Officer 374
   3. First and Second Stage Advice 379
   4. State Vigilance Commissions 384
   5. The Commission and the Lokpal 390
   6. What Corruption Is in Law 396
   7. Criminal Misconduct, and the Sanction to Prosecute 404
   8. The Weaknesses of the Central Vigilance Commission 413
   9. What the Central Bureau of Investigation Actually Is 420
   10. The War-Time Origin 426
   11. The Act of 1946, Read Section by Section 431
   12. Superintendence: Section 4 437
   13. The Director, and the Committee 443
   14. Offences, and the Extension of Powers 450
   15. The Consent of the State 455
   16. The Agency Without Consent 460
   17. Section 6A, Struck Down Twice 466
   18. The Organisation of the Agency 473
   19. How a Case Begins 479

   Contents continued

   Module II continued

   1. The Court-Monitored Investigation 485
   2. The Caged Parrot 490
   3. The Agency and the Right to Information 496
   4. The Challenge to the Agency's Existence 500
   5. Further Investigation and Fresh Investigation 506
   6. The Other Central Agencies 511
   7. How an Agency Is Insulated 517
   8. The Case for a Central Bureau of Investigation Act 524

   Module III

   1. Why a Legislature Inquires 530
   2. The Two Sources 535
   3. Articles 105 and 194 540
   4. Privilege and Fundamental Rights 547
   5. Contempt of the House 553
   6. The Financial Committees 560
   7. The Public Accounts Committee and the Comptroller and Auditor General 565
   8. The Standing Committees 570
   9. Select and Joint Committees 575

   Contents continued

   Module III continued

   1. The Committee of Privileges 581
   2. The Committee on Subordinate Legislation 587
   3. The Other Scrutiny Committees 592
   4. The Powers of a Committee 597
   5. The Limits of a Committee Inquiry 602
   6. Judicial Review of Privilege 608
   7. Bribery, and the Immunity That Ended 614
   8. A Committee Report in a Court 621
   9. Where the Committee System Is Written 627
   10. The Weaknesses of the Committee System 633
   11. What Legislative Control Means 639
   12. Responsible Government 644
   13. The Question Hour 650
   14. The Zero Hour and the Notices 655
   15. No-Confidence and Censure 660
   16. The Executive's Duty to Inform 665
   17. Control Through the Purse 670
   18. Why Delegated Legislation 676
   19. The Essential Legislative Function 680

   Contents continued

   Module III continued

   1. The Laying Procedure 686
   2. Is Laying Mandatory? 691
   3. Publication and Previous Publication 697
   4. Legislative Control Through Audit 703
   5. Why Legislative Control Is Weak 708
   6. Legislative Control in a State 714
   7. The Three Controls Compared 720

   Module IV

   1. What Financial Control Is 726
   2. No Tax and No Spending Without Law 731
   3. The Annual Financial Statement 736
   4. Demands, Appropriation and Finance 741
   5. Supplementary and Excess Grants 747
   6. Money Bills 753
   7. The Office of the Comptroller and Auditor General 760
   8. The Safeguards of Independence 766
   9. Duties and Powers: Article 149 772
   10. The Form of Accounts 778
   11. The Audit Reports: Article 151 784

   Contents continued

   Module IV continued

   1. The Act of 1971: The Duties 789
   2. Audit of Receipts and Stores 794
   3. Audit of Companies and Corporations 800
   4. The Powers of Inspection 806
   5. The Three Audits 813
   6. How Far Audit Reaches 819
   7. What Happens to an Audit Report 826
   8. The Auditor and Policy 834
   9. The Fiscal Responsibility Act 841
   10. Review Reports and Rules 849
   11. Financial Control in a State 856
   12. The Finance Commission and Net Proceeds 862
   13. The Weaknesses of Financial Control 868
   14. What a Judicial Inquiry Is 875
   15. Why Judges Are Treated Differently 880
   16. Article 124(4): The Ground and the Procedure 886
   17. Article 124(5) and the Act 892
   18. The Motion and the Committee 897
   19. The Inquiry and the Report 903

   Contents continued

   Module IV continued

   1. The Procedure on the Report 909
   2. The Investigation Stage and the Political Stage 915
   3. A Motion Does Not Lapse on Dissolution 921
   4. The Judge's Right to the Report, and Review Before the House 927
   5. Bias in the Composition of the Committee 934
   6. The Ramaswami Proceedings, Worked in Full 941
   7. Every Removal Attempt This Book Can Document 949
   8. Misbehaviour Short of Removal: the In-House Procedure 957
   9. The In-House Procedure Restated as Steps 965
   10. The Confidentiality of an In-House Inquiry Report 974
   11. A Judge as a Public Servant: Prosecution for Corruption 982
   12. Contempt as the Last Resort 991
   13. Articles 121 and 211: the Bar on Discussing a Judge 998
   14. Inquiry BY a Judge: the Judicial Commission of Inquiry 1006
   15. Should a Serving Judge Head a Commission of Inquiry 1012
   16. Judicial Inquiry Into a Custodial Death or an Encounter 1019
   17. What Judicial Inquiries Are Worth: the Honest Assessment 1027

   Page 1 onwards

   1,033 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. 1,033 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 1–5
   2. 2 Where the Ombudsman Begins: Sweden, 1809 pages 6–9
   3. 3 The Classical Model Spreads: Denmark and New Zealand pages 10–13
   4. 4 Britain's Parliamentary Commissioner for Administration pages 14–17
   5. 5 What Makes an Ombudsman an Ombudsman pages 18–22
   6. 6 India Before the Lokpal: the Santhanam Committee pages 23–26
   7. 7 The First Administrative Reforms Commission and the Lokpal Proposal pages 27–30
   8. 8 Forty-Five Years of Failed Bills pages 31–34
   9. 9 The Agitation of 2011 and the Making of the Act pages 35–38
   10. 10 The Lokpal and Lokayuktas Act 2013: the Architecture pages 39–43
   11. 11 The Lokpal Established: Composition and Qualifications pages 44–48
   12. 12 Tenure, Salary, Removal and Staff pages 49–53
   13. 13 The Inquiry Wing and the Prosecution Wing pages 54–58
   14. 14 Who the Lokpal May Inquire Into, Including the Prime Minister pages 59–64
   15. 15 Benches, Transfer of Cases, and Decision by Majority pages 65–68
   16. 16 Complaint, Preliminary Inquiry and the Right to be Heard pages 69–74
   17. 17 Sanction for Prosecution, and Action Against a Minister pages 75–79
   18. 18 The Lokpal's Powers: Supervision, Search and the Powers of a Civil Court pages 80–84
   19. 19 Attachment, Confiscation, and the Rest of the Powers pages 85–90
   20. 20 Special Courts, and the Letter of Request pages 91–94
   21. 21 Complaints Against the Lokpal Itself, and the Money pages 95–100
   22. 22 The Declaration of Assets, and the Amendment of 2016 pages 101–105
   23. 23 Offences, Penalties, and the Reports pages 106–111
   24. 24 Protections, Limitation, and the Bar of Jurisdiction pages 112–116
   25. 25 The Rest of the Lokpal Act pages 117–122
   26. 26 Section 63 and the Duty of Every State to Establish a Lokayukta pages 123–126
   27. 27 Why the First Lokpal Took Office Only in 2019 pages 127–131
   28. 28 The Lokayuktas of the States pages 132–136
   29. 29 Maharashtra's Act of 1971: the Office pages 137–142
   30. 30 Maharashtra's Act of 1971: What It May Investigate, and How pages 143–148
   31. 31 The Maharashtra Lokayukta Act 2023: What Has Changed pages 149–154
   32. 32 The Maharashtra Act of 2023: Jurisdiction and Benches pages 155–160
   33. 33 The Maharashtra Act of 2023: Inquiry, Investigation and Hearing pages 161–166
   34. 34 The Maharashtra Act of 2023: the Rest, and the Repeal pages 167–171
   35. 35 Is the Central Vigilance Commission an Ombudsman pages 172–176
   36. 36 The Ombudsman's Weakness: Recommendation Without Power pages 177–180
   37. 37 Grievance Redress, and the Statute India Never Passed pages 181–185
   38. 38 A Worked Comparison: Lokpal, Lokayukta and the Ombudsman Abroad pages 186–189
   39. 39 What a Commission of Inquiry Is For pages 190–194
   40. 40 The Public Servants (Inquiries) Act 1850, and Its Repeal pages 195–199
   41. 41 The English Model: the Tribunals of Inquiry (Evidence) Act 1921 pages 200–204
   42. 42 The Commissions of Inquiry Act 1952: Extent and Definitions pages 205–209
   43. 43 Appointing a Commission: Section 3 pages 210–215
   44. 44 The Commission's Composition, Staff and Assessors pages 216–220
   45. 45 The Powers of a Civil Court: Section 5 pages 221–225
   46. 46 Statements Before a Commission: Sections 6 and 6A pages 226–230
   47. 47 Vacancy, Cesser and the Continuity of an Inquiry pages 231–235
   48. 48 Sections 8B and 8C: the Right to be Heard and to Cross-Examine pages 236–240
   49. 49 Additional Powers, Search and Seizure pages 241–245
   50. 50 Offences Before a Commission, and the Rule-Making Power pages 246–250
   51. 51 The Commission Is Not a Court pages 251–255
   52. 52 The Report Is Recommendatory: Proprio Vigore pages 256–260
   53. 53 How Much Natural Justice Is Owed Before a Commission pages 261–265
   54. 54 Challenging the Notification pages 266–271
   55. 55 What Happens to the Report pages 272–275
   56. 56 What a Report Cannot Do to the Criminal Process pages 276–280
   57. 57 The Great Indian Commissions and What Became of Their Reports pages 281–284
   58. 58 Delay, Cost and the Practical Case Against the Present Act pages 285–289
   59. 59 The Reforms This Act Needs pages 290–294

   Module II 39 chapters

   1. 60 What Vigilance Means in Indian Administration pages 295–298
   2. 61 Before 2003: the Resolution of 1964 pages 299–302
   3. 62 Vineet Narain and the Direction to Give the CVC Statutory Status pages 303–309
   4. 63 The Central Vigilance Commission Act 2003: the Architecture pages 310–313
   5. 64 The Constitution of the Commission: Section 3 pages 314–318
   6. 65 Appointment, and the Doctrine of Institutional Integrity pages 319–324
   7. 66 Terms of Office, the Oath, and Removal pages 325–331
   8. 67 The Functions and Powers of the Commission pages 332–338
   9. 68 Sections 8A, 8B and 11A: What the Lokpal Act Put Into This Act pages 339–345
   10. 69 Proceedings, and the Powers of a Civil Court pages 346–352
   11. 70 Expenses, the Annual Report, and Protection pages 353–358
   12. 71 Reports, Information, and Consultation pages 359–364
   13. 72 Rules, Regulations, and the Tail of the Act pages 365–373
   14. 73 The Chief Vigilance Officer pages 374–378
   15. 74 First and Second Stage Advice pages 379–383
   16. 75 State Vigilance Commissions pages 384–389
   17. 76 The Commission and the Lokpal pages 390–395
   18. 77 What Corruption Is in Law pages 396–403
   19. 78 Criminal Misconduct, and the Sanction to Prosecute pages 404–412
   20. 79 The Weaknesses of the Central Vigilance Commission pages 413–419
   21. 80 What the Central Bureau of Investigation Actually Is pages 420–425
   22. 81 The War-Time Origin pages 426–430
   23. 82 The Act of 1946, Read Section by Section pages 431–436
   24. 83 Superintendence: Section 4 pages 437–442
   25. 84 The Director, and the Committee pages 443–449
   26. 85 Offences, and the Extension of Powers pages 450–454
   27. 86 The Consent of the State pages 455–459
   28. 87 The Agency Without Consent pages 460–465
   29. 88 Section 6A, Struck Down Twice pages 466–472
   30. 89 The Organisation of the Agency pages 473–478
   31. 90 How a Case Begins pages 479–484
   32. 91 The Court-Monitored Investigation pages 485–489
   33. 92 The Caged Parrot pages 490–495
   34. 93 The Agency and the Right to Information pages 496–499
   35. 94 The Challenge to the Agency's Existence pages 500–505
   36. 95 Further Investigation and Fresh Investigation pages 506–510
   37. 96 The Other Central Agencies pages 511–516
   38. 97 How an Agency Is Insulated pages 517–523
   39. 98 The Case for a Central Bureau of Investigation Act pages 524–529

   Module III 35 chapters

   1. 99 Why a Legislature Inquires pages 530–534
   2. 100 The Two Sources pages 535–539
   3. 101 Articles 105 and 194 pages 540–546
   4. 102 Privilege and Fundamental Rights pages 547–552
   5. 103 Contempt of the House pages 553–559
   6. 104 The Financial Committees pages 560–564
   7. 105 The Public Accounts Committee and the Comptroller and Auditor General pages 565–569
   8. 106 The Standing Committees pages 570–574
   9. 107 Select and Joint Committees pages 575–580
   10. 108 The Committee of Privileges pages 581–586
   11. 109 The Committee on Subordinate Legislation pages 587–591
   12. 110 The Other Scrutiny Committees pages 592–596
   13. 111 The Powers of a Committee pages 597–601
   14. 112 The Limits of a Committee Inquiry pages 602–607
   15. 113 Judicial Review of Privilege pages 608–613
   16. 114 Bribery, and the Immunity That Ended pages 614–620
   17. 115 A Committee Report in a Court pages 621–626
   18. 116 Where the Committee System Is Written pages 627–632
   19. 117 The Weaknesses of the Committee System pages 633–638
   20. 118 What Legislative Control Means pages 639–643
   21. 119 Responsible Government pages 644–649
   22. 120 The Question Hour pages 650–654
   23. 121 The Zero Hour and the Notices pages 655–659
   24. 122 No-Confidence and Censure pages 660–664
   25. 123 The Executive's Duty to Inform pages 665–669
   26. 124 Control Through the Purse pages 670–675
   27. 125 Why Delegated Legislation pages 676–679
   28. 126 The Essential Legislative Function pages 680–685
   29. 127 The Laying Procedure pages 686–690
   30. 128 Is Laying Mandatory? pages 691–696
   31. 129 Publication and Previous Publication pages 697–702
   32. 130 Legislative Control Through Audit pages 703–707
   33. 131 Why Legislative Control Is Weak pages 708–713
   34. 132 Legislative Control in a State pages 714–719
   35. 133 The Three Controls Compared pages 720–725

   Module IV 47 chapters

   1. 134 What Financial Control Is pages 726–730
   2. 135 No Tax and No Spending Without Law pages 731–735
   3. 136 The Annual Financial Statement pages 736–740
   4. 137 Demands, Appropriation and Finance pages 741–746
   5. 138 Supplementary and Excess Grants pages 747–752
   6. 139 Money Bills pages 753–759
   7. 140 The Office of the Comptroller and Auditor General pages 760–765
   8. 141 The Safeguards of Independence pages 766–771
   9. 142 Duties and Powers: Article 149 pages 772–777
   10. 143 The Form of Accounts pages 778–783
   11. 144 The Audit Reports: Article 151 pages 784–788
   12. 145 The Act of 1971: The Duties pages 789–793
   13. 146 Audit of Receipts and Stores pages 794–799
   14. 147 Audit of Companies and Corporations pages 800–805
   15. 148 The Powers of Inspection pages 806–812
   16. 149 The Three Audits pages 813–818
   17. 150 How Far Audit Reaches pages 819–825
   18. 151 What Happens to an Audit Report pages 826–833
   19. 152 The Auditor and Policy pages 834–840
   20. 153 The Fiscal Responsibility Act pages 841–848
   21. 154 Review Reports and Rules pages 849–855
   22. 155 Financial Control in a State pages 856–861
   23. 156 The Finance Commission and Net Proceeds pages 862–867
   24. 157 The Weaknesses of Financial Control pages 868–874
   25. 158 What a Judicial Inquiry Is pages 875–879
   26. 159 Why Judges Are Treated Differently pages 880–885
   27. 160 Article 124(4): The Ground and the Procedure pages 886–891
   28. 161 Article 124(5) and the Act pages 892–896
   29. 162 The Motion and the Committee pages 897–902
   30. 163 The Inquiry and the Report pages 903–908
   31. 164 The Procedure on the Report pages 909–914
   32. 165 The Investigation Stage and the Political Stage pages 915–920
   33. 166 A Motion Does Not Lapse on Dissolution pages 921–926
   34. 167 The Judge's Right to the Report, and Review Before the House pages 927–933
   35. 168 Bias in the Composition of the Committee pages 934–940
   36. 169 The Ramaswami Proceedings, Worked in Full pages 941–948
   37. 170 Every Removal Attempt This Book Can Document pages 949–956
   38. 171 Misbehaviour Short of Removal: the In-House Procedure pages 957–964
   39. 172 The In-House Procedure Restated as Steps pages 965–973
   40. 173 The Confidentiality of an In-House Inquiry Report pages 974–981
   41. 174 A Judge as a Public Servant: Prosecution for Corruption pages 982–990
   42. 175 Contempt as the Last Resort pages 991–997
   43. 176 Articles 121 and 211: the Bar on Discussing a Judge pages 998–1,005
   44. 177 Inquiry BY a Judge: the Judicial Commission of Inquiry pages 1,006–1,011
   45. 178 Should a Serving Judge Head a Commission of Inquiry pages 1,012–1,018
   46. 179 Judicial Inquiry Into a Custodial Death or an Encounter pages 1,019–1,026
   47. 180 What Judicial Inquiries Are Worth: the Honest Assessment pages 1,027–1,033
   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 free 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 85
   6. Article 226 Compared with Article 32 88
   7. Article 227: The Power of Superintendence 91
   8. Territorial Jurisdiction: Article 226(2) and Where the Cause of Action Arises 94
   9. Article 136: Special Leave to Appeal 97

   Contents continued

   Module II continued

   1. The Five Writs and Where They Came From 100
   2. The Writ of Habeas Corpus 103
   3. Habeas Corpus in Practice: Preventive Detention and ADM Jabalpur 106
   4. The Writ of Mandamus 109
   5. Mandamus: Who May Ask, Against Whom, and What Bars It 112
   6. The Writ of Certiorari 115
   7. The Writ of Prohibition, and How It Differs from Certiorari 118
   8. The Writ of Quo Warranto 121
   9. Jurisdictional Error and the Collateral Fact Doctrine 124
   10. Error of Law Apparent on the Face of the Record 128
   11. The Law and Fact Distinction 131
   12. Locus Standi: Who May Ask the Court to Review 134
   13. Public Interest Litigation and Judicial Review 137
   14. How Public Interest Litigation Actually Works 140
   15. Tribunals, Article 323A and L. Chandra Kumar 143
   16. The Grounds of Judicial Review, Classified 146
   17. Illegality, Irrationality and Procedural Impropriety 149
   18. The Doctrine of Ultra Vires 152
   19. Substantive and Procedural Ultra Vires 155

   Contents continued

   Module II continued

   1. Administrative Discretion: Why It Exists and Why It Is Controlled 158
   2. The Exercise of Discretionary Powers by State Officials 161
   3. Liversidge v Anderson and Subjective Satisfaction 164
   4. Subjective Satisfaction in India after Barium Chemicals 167
   5. Padfield: A Discretion Must Serve the Policy and Objects of the Act 170
   6. Mala Fides: Malice in Fact and Malice in Law 173
   7. Improper Purpose and Colourable Exercise of Power 176
   8. Irrelevant Considerations, and Ignoring Relevant Ones 179
   9. Non-Application of Mind 182
   10. Acting Under Dictation 185
   11. Fettering a Discretion by a Self-Imposed Rule 187
   12. Unlawful Sub-Delegation of a Discretion 190
   13. Wednesbury Unreasonableness, which MU Prints as an Oppressing Decision 193
   14. The Doctrine of Proportionality 196
   15. Proportionality in India after Om Kumar and Modern Dental College 199
   16. Violation of Fundamental Rights as a Ground of Review 202
   17. Absolute and Wide Discretion, Discrimination and Article 14 205

   Contents continued

   Module II continued

   1. Error of Law and Error of Jurisdiction as Grounds 208
   2. Failure to Give Reasons: The Reasoned Decision 211
   3. Bias as a Ground of Review 214

   Module III

   1. Procedural Fairness and the Principles of Natural Justice 217
   2. Nemo Judex in Causa Sua: The Rule Against Bias 220
   3. The Kinds of Bias 223
   4. The Test for Bias 226
   5. The Doctrine of Necessity 228
   6. Audi Alteram Partem: The Right to a Fair Hearing 230
   7. What a Fair Hearing Contains 233
   8. Notice, Disclosure and the Materials Relied On 236
   9. Cross-Examination and Legal Representation 239
   10. Pre-Decisional and Post-Decisional Hearing 242
   11. Swadeshi Cotton Mills and the Post-Decisional Hearing 245
   12. Ridge v Baldwin and the Revival of Natural Justice 248
   13. Maneka Gandhi and the Hearing Requirement in Administrative Action 251
   14. Natural Justice under Articles 14 and 21 254

   Contents continued

   Module III continued

   1. Due Process in India 257
   2. Substantive and Procedural Fairness 260
   3. Natural Justice in Service Cases: Article 311 263
   4. The Doctrine of Legitimate Expectation 266
   5. Legitimate Expectation in India: Procedural and Substantive 269
   6. Exclusion of Natural Justice 273
   7. The Useless Formality Theory 276
   8. Void or Voidable: The Effect of a Breach of Natural Justice 279
   9. Institutional Decisions: He Who Decides Must Hear 282
   10. The Map of Remedies 285
   11. The Writ Remedy in Practice: How a Petition Is Actually Brought 288
   12. The Writ Remedy Is Discretionary, Not a Matter of Right 291
   13. Injunction as a Remedy Against the Administration 293
   14. Declaration as a Remedy Against the Administration 296
   15. Section 41 of the Specific Relief Act: The Injunctions a Court Cannot Grant 299
   16. Suit for Damages and the Tortious Liability of the State 302
   17. Compensation in Public Law 305
   18. Statutory Remedies: Appeal, Revision and Departmental Review 309

   Contents continued

   Module III continued

   1. Tribunals as the First Remedy 312
   2. Enforcing the Order: Contempt of Court 315
   3. Articles 141 and 142: The Reach of the Court's Own Order 318

   Module IV

   1. The Limits of Judicial Review 321
   2. Alternative Remedies 324
   3. Laches and Delay, which MU Prints as Latches 327
   4. Res Judicata in Writ Jurisdiction 330
   5. Constructive Res Judicata and Successive Petitions 333
   6. The Finality Clause 336
   7. The Exclusionary or Ouster Clause 339
   8. Anisminic and What Became of Ouster Clauses 341
   9. Ouster Clauses in India: Article 323A(2)(d), Kihoto and L. Chandra Kumar 344
   10. The Conclusive Evidence Clause 347
   11. Policy, Political Questions and Non-Justiciability 350
   12. Disputed Questions of Fact 353
   13. Academic Questions, Mootness and Infructuous Petitions 356
   14. The Petitioner's Own Conduct 358

   Contents continued

   Module IV continued

   1. Contracts, Tenders and Economic Policy 361
   2. Self-Restraint and the Separation of Powers 364
   3. The Abuse of Public Interest Litigation 367
   4. Immunities and Emergency: Articles 359 and 361 370
   5. The Limit Parliament Cannot Impose 373
   6. Delegated Legislation: What It Is 376
   7. Rules, Regulations, Bye-Laws, Notifications and Orders 379
   8. Why Delegated Legislation Is Inevitable 382
   9. The Need for, and the Growth of, Delegated Legislation in India 384
   10. Conditional Legislation 387
   11. The Essential Legislative Function: In re Delhi Laws Act 390
   12. Excessive Delegation after the Delhi Laws Act 393
   13. The Grounds on Which Delegated Legislation Is Void 396
   14. A Rule Ultra Vires Its Parent Act 399
   15. A Rule Contrary to the Constitution 402
   16. Unreasonableness and Manifest Arbitrariness in Subordinate Legislation 405
   17. Mala Fide Subordinate Legislation 408
   18. Retrospective Subordinate Legislation 411

   Contents continued

   Module IV continued

   1. Publication as a Condition of Validity 414
   2. Sub-Delegation of Rule-Making Power 417
   3. Consultation and the Procedural Control of Rule-Making 419
   4. Legislative Control: Laying and the Scrutiny Committees 422
   5. The Henry VIII Clause 425
   6. Judicial Review and Legislative Supremacy in Delegated Legislation 428

   Page 1 onwards

   430 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. 430 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 1–4
   2. 2 The Administrative Process: What the Administration Actually Does pages 5–7
   3. 3 Why Administrative Law Grew: From the Police State to the Welfare State pages 8–10
   4. 4 The Agencies of the Administrative Process pages 11–13
   5. 5 The Executive, Statutory Authorities and Public Corporations pages 14–16
   6. 6 The State under Article 12, and Who Can Be Sued in a Writ pages 17–20
   7. 7 Regulatory Agencies and the Modern Regulatory State pages 21–23
   8. 8 Administrative Tribunals: Articles 323A and 323B pages 24–26
   9. 9 The Administrative Tribunals Act 1985 in Working Order pages 27–29
   10. 10 Classifying Administrative Action: Legislative, Quasi-Judicial and Administrative pages 30–32
   11. 11 A.K. Kraipak and the Fading Line Between Quasi-Judicial and Administrative Action pages 33–35
   12. 12 Droit Administratif: The French System pages 36–38
   13. 13 The Conseil d'Etat and How French Administrative Justice Works pages 39–41
   14. 14 Dicey, the Rule of Law and the Quarrel with Droit Administratif pages 42–44
   15. 15 Common Law Control Compared with the French System pages 45–47
   16. 16 What Judicial Review Is pages 48–50
   17. 17 The Historical Development of Judicial Review pages 51–53
   18. 18 Judicial Review in the Constituent Assembly and in the Text of the Constitution pages 54–56
   19. 19 The Three Limbs of Judicial Review pages 57–59
   20. 20 Judicial Review of Administrative Action Distinguished from Review of Legislation pages 60–62
   21. 21 The Scope and Limits of the Judiciary's Power of Review pages 63–65
   22. 22 Judicial Review and the Basic Structure pages 66–69
   23. 23 State Actions Are Amenable in the Panorama of Judicial Review pages 70–72

   Module II 48 chapters

   1. 24 Jurisdiction: What the Word Means Here pages 73–75
   2. 25 Article 32: The Supreme Court's Writ Jurisdiction pages 76–78
   3. 26 The Right to Constitutional Remedies as the Heart and Soul of the Constitution pages 79–81
   4. 27 When Article 32 Is Available, and When It Is Not pages 82–84
   5. 28 Articles 226 and 227: The High Court's Jurisdiction pages 85–87
   6. 29 Article 226 Compared with Article 32 pages 88–90
   7. 30 Article 227: The Power of Superintendence pages 91–93
   8. 31 Territorial Jurisdiction: Article 226(2) and Where the Cause of Action Arises pages 94–96
   9. 32 Article 136: Special Leave to Appeal pages 97–99
   10. 33 The Five Writs and Where They Came From pages 100–102
   11. 34 The Writ of Habeas Corpus pages 103–105
   12. 35 Habeas Corpus in Practice: Preventive Detention and ADM Jabalpur pages 106–108
   13. 36 The Writ of Mandamus pages 109–111
   14. 37 Mandamus: Who May Ask, Against Whom, and What Bars It pages 112–114
   15. 38 The Writ of Certiorari pages 115–117
   16. 39 The Writ of Prohibition, and How It Differs from Certiorari pages 118–120
   17. 40 The Writ of Quo Warranto pages 121–123
   18. 41 Jurisdictional Error and the Collateral Fact Doctrine pages 124–127
   19. 42 Error of Law Apparent on the Face of the Record pages 128–130
   20. 43 The Law and Fact Distinction pages 131–133
   21. 44 Locus Standi: Who May Ask the Court to Review pages 134–136
   22. 45 Public Interest Litigation and Judicial Review pages 137–139
   23. 46 How Public Interest Litigation Actually Works pages 140–142
   24. 47 Tribunals, Article 323A and L. Chandra Kumar pages 143–145
   25. 48 The Grounds of Judicial Review, Classified pages 146–148
   26. 49 Illegality, Irrationality and Procedural Impropriety pages 149–151
   27. 50 The Doctrine of Ultra Vires pages 152–154
   28. 51 Substantive and Procedural Ultra Vires pages 155–157
   29. 52 Administrative Discretion: Why It Exists and Why It Is Controlled pages 158–160
   30. 53 The Exercise of Discretionary Powers by State Officials pages 161–163
   31. 54 Liversidge v Anderson and Subjective Satisfaction pages 164–166
   32. 55 Subjective Satisfaction in India after Barium Chemicals pages 167–169
   33. 56 Padfield: A Discretion Must Serve the Policy and Objects of the Act pages 170–172
   34. 57 Mala Fides: Malice in Fact and Malice in Law pages 173–175
   35. 58 Improper Purpose and Colourable Exercise of Power pages 176–178
   36. 59 Irrelevant Considerations, and Ignoring Relevant Ones pages 179–181
   37. 60 Non-Application of Mind pages 182–184
   38. 61 Acting Under Dictation pages 185–186
   39. 62 Fettering a Discretion by a Self-Imposed Rule pages 187–189
   40. 63 Unlawful Sub-Delegation of a Discretion pages 190–192
   41. 64 Wednesbury Unreasonableness, which MU Prints as an Oppressing Decision pages 193–195
   42. 65 The Doctrine of Proportionality pages 196–198
   43. 66 Proportionality in India after Om Kumar and Modern Dental College pages 199–201
   44. 67 Violation of Fundamental Rights as a Ground of Review pages 202–204
   45. 68 Absolute and Wide Discretion, Discrimination and Article 14 pages 205–207
   46. 69 Error of Law and Error of Jurisdiction as Grounds pages 208–210
   47. 70 Failure to Give Reasons: The Reasoned Decision pages 211–213
   48. 71 Bias as a Ground of Review pages 214–216

   Module III 35 chapters

   1. 72 Procedural Fairness and the Principles of Natural Justice pages 217–219
   2. 73 Nemo Judex in Causa Sua: The Rule Against Bias pages 220–222
   3. 74 The Kinds of Bias pages 223–225
   4. 75 The Test for Bias pages 226–227
   5. 76 The Doctrine of Necessity pages 228–229
   6. 77 Audi Alteram Partem: The Right to a Fair Hearing pages 230–232
   7. 78 What a Fair Hearing Contains pages 233–235
   8. 79 Notice, Disclosure and the Materials Relied On pages 236–238
   9. 80 Cross-Examination and Legal Representation pages 239–241
   10. 81 Pre-Decisional and Post-Decisional Hearing pages 242–244
   11. 82 Swadeshi Cotton Mills and the Post-Decisional Hearing pages 245–247
   12. 83 Ridge v Baldwin and the Revival of Natural Justice pages 248–250
   13. 84 Maneka Gandhi and the Hearing Requirement in Administrative Action pages 251–253
   14. 85 Natural Justice under Articles 14 and 21 pages 254–256
   15. 86 Due Process in India pages 257–259
   16. 87 Substantive and Procedural Fairness pages 260–262
   17. 88 Natural Justice in Service Cases: Article 311 pages 263–265
   18. 89 The Doctrine of Legitimate Expectation pages 266–268
   19. 90 Legitimate Expectation in India: Procedural and Substantive pages 269–272
   20. 91 Exclusion of Natural Justice pages 273–275
   21. 92 The Useless Formality Theory pages 276–278
   22. 93 Void or Voidable: The Effect of a Breach of Natural Justice pages 279–281
   23. 94 Institutional Decisions: He Who Decides Must Hear pages 282–284
   24. 95 The Map of Remedies pages 285–287
   25. 96 The Writ Remedy in Practice: How a Petition Is Actually Brought pages 288–290
   26. 97 The Writ Remedy Is Discretionary, Not a Matter of Right pages 291–292
   27. 98 Injunction as a Remedy Against the Administration pages 293–295
   28. 99 Declaration as a Remedy Against the Administration pages 296–298
   29. 100 Section 41 of the Specific Relief Act: The Injunctions a Court Cannot Grant pages 299–301
   30. 101 Suit for Damages and the Tortious Liability of the State pages 302–304
   31. 102 Compensation in Public Law pages 305–308
   32. 103 Statutory Remedies: Appeal, Revision and Departmental Review pages 309–311
   33. 104 Tribunals as the First Remedy pages 312–314
   34. 105 Enforcing the Order: Contempt of Court pages 315–317
   35. 106 Articles 141 and 142: The Reach of the Court's Own Order pages 318–320

   Module IV 38 chapters

   1. 107 The Limits of Judicial Review pages 321–323
   2. 108 Alternative Remedies pages 324–326
   3. 109 Laches and Delay, which MU Prints as Latches pages 327–329
   4. 110 Res Judicata in Writ Jurisdiction pages 330–332
   5. 111 Constructive Res Judicata and Successive Petitions pages 333–335
   6. 112 The Finality Clause pages 336–338
   7. 113 The Exclusionary or Ouster Clause pages 339–340
   8. 114 Anisminic and What Became of Ouster Clauses pages 341–343
   9. 115 Ouster Clauses in India: Article 323A(2)(d), Kihoto and L. Chandra Kumar pages 344–346
   10. 116 The Conclusive Evidence Clause pages 347–349
   11. 117 Policy, Political Questions and Non-Justiciability pages 350–352
   12. 118 Disputed Questions of Fact pages 353–355
   13. 119 Academic Questions, Mootness and Infructuous Petitions pages 356–357
   14. 120 The Petitioner's Own Conduct pages 358–360
   15. 121 Contracts, Tenders and Economic Policy pages 361–363
   16. 122 Self-Restraint and the Separation of Powers pages 364–366
   17. 123 The Abuse of Public Interest Litigation pages 367–369
   18. 124 Immunities and Emergency: Articles 359 and 361 pages 370–372
   19. 125 The Limit Parliament Cannot Impose pages 373–375
   20. 126 Delegated Legislation: What It Is pages 376–378
   21. 127 Rules, Regulations, Bye-Laws, Notifications and Orders pages 379–381
   22. 128 Why Delegated Legislation Is Inevitable pages 382–383
   23. 129 The Need for, and the Growth of, Delegated Legislation in India pages 384–386
   24. 130 Conditional Legislation pages 387–389
   25. 131 The Essential Legislative Function: In re Delhi Laws Act pages 390–392
   26. 132 Excessive Delegation after the Delhi Laws Act pages 393–395
   27. 133 The Grounds on Which Delegated Legislation Is Void pages 396–398
   28. 134 A Rule Ultra Vires Its Parent Act pages 399–401
   29. 135 A Rule Contrary to the Constitution pages 402–404
   30. 136 Unreasonableness and Manifest Arbitrariness in Subordinate Legislation pages 405–407
   31. 137 Mala Fide Subordinate Legislation pages 408–410
   32. 138 Retrospective Subordinate Legislation pages 411–413
   33. 139 Publication as a Condition of Validity pages 414–416
   34. 140 Sub-Delegation of Rule-Making Power pages 417–418
   35. 141 Consultation and the Procedural Control of Rule-Making pages 419–421
   36. 142 Legislative Control: Laying and the Scrutiny Committees pages 422–424
   37. 143 The Henry VIII Clause pages 425–427
   38. 144 Judicial Review and Legislative Supremacy in Delegated Legislation pages 428–430
   Every paper that is solved: 5 papers

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

Questions