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Resource Management and The Law
Official Notes munotes.in
Resource Management and The Law
LL.M. · SEMESTER 1
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 6 Environment and Legal Order
Resource Management and The 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.
Contents
Module I
- What This Paper Is, and the Four Words MU Prints 1
- What a Natural Resource Is, and What Managing One Means in Law 5
- Water in the Constitution 9
- Is There a Right to Water? 13
- Who Owns Water 17
- Riparian Rights, and Section 7 of the Easements Act 21
- Riparian Rights in Irrigation, and the Problems a Riparian Faces 26
- Customary Water Rights, and the Village Tank 30
- The Inter-State River Water Disputes Act 1956: What It Is For 34
- Reference to a Tribunal, and How One Is Constituted 38
- The Award, and Why It Is a Decree of the Supreme Court 43
- The Bar in Section 11, and the Rest of the Act 47
- What Is Wrong With the Machinery, and What Was Proposed 52
- The River Boards Act 1956: The Half That Never Happened 56
- What a River Board Would Have Done 60
- Arbitration Under the River Boards Act, and Dissolution 64
- Article 262 and the Courts 68
- The Cauvery Dispute 73
- The 2018 Decree, and the Cauvery Water Management Authority 77
Contents continued
Module I continued
- In re Cauvery Water Disputes Tribunal: A State Cannot Legislate Away an Order 82
- The Other Disputes 86
- Interlinking of Rivers 90
- The Dam Safety Act 2021: The Institutions 94
- The State Tier, and the Obligations of a Dam Owner 99
- Reporting, Safety Review and the Offences 103
- Narmada Bachao Andolan: A Dam, a Displacement and a Divided Court 107
- Ground Water: What an Aquifer Is 112
- Absolute Dominion Over Percolating Water, and How It Broke 116
- The Central Ground Water Authority 122
- The Environment (Protection) Act 1986 as the Umbrella 126
- The 2024 Penalty Regime Under the Environment Act 131
- The Maharashtra Groundwater Act 2009: The Authorities 136
- The District Tier, and Protecting a Drinking Water Source 141
- Watersheds, Aquifers and the Groundwater Use Plan 146
- Offences, Appeals and the Rules Under the Maharashtra Act 150
- Salinity: Coastal Ingress, Irrigation and Effluent 154
- Rainwater Harvesting 158
Contents continued
Module I continued
- The National Water Policy 2012 163
- The Bills That Did Not Pass 167
- Wetlands, and the Ramsar Idea of Wise Use 171
- The Wetlands (Conservation and Management) Rules 2017 175
- The Coastal Aquaculture Authority Act 2005 179
- Enforcing the Aquaculture Act, and the 2023 Amendment 184
- Fishing Regulation in Maharashtra 190
- The Water Act 1974: The Boards 195
- Consent, and the Prohibition in Section 24 200
- The Sanctions, and the 2024 Penalty Regime 205
- Vellore Citizens Welfare Forum: Three Principles in One Judgment 211
Module II
- Land as a Resource 215
- Land in the Constitution 219
- Who Owns the Minerals Under a Field 224
- The MMDR Act 1957: The Declaration That Makes It Central 229
- The Concessions: Permit, Licence and Lease 234
- Royalty, Dead Rent, and What a State Actually Earns 239
Contents continued
Module II continued
- The District Mineral Foundation and the Exploration Trust 245
- Auction: Sections 10B and 11, and What 2015 Changed 250
- Coal, Lignite, Atomic Minerals and Critical Minerals 255
- The Rule-Making Powers, and the Register of Concessions 260
- Minor Minerals, Section 15, and Deepak Kumar 265
- Reservation, Conservation and the Power to Prospect 269
- Void Concessions, Directions and the Revisional Power 274
- The Penalties, and Section 21(5) 278
- The Rest of the MMDR Act 283
- Sand: The Hardest Mineral to Police 288
- The Dehradun Limestone Quarries: Where the Judicial Remedy Began 292
- Goa: The Foundation Cases 297
- Common Cause: Compensation at a Hundred Per Cent 302
- Samatha: Mining in a Scheduled Area 307
- Mining on Forest Land: Niyamgiri and the Gram Sabha 312
- Lafarge, and How a Forest Clearance Is Reviewed 316
- Joshimath, and Building on Ground That Cannot Carry It 321
- Offshore Minerals, Coal Bearing Areas and Oilfields 325
Contents continued
Module II continued
- The National Mineral Policy 2019, and What Sustainable Mining Means 330
- The Environmental Impact Assessment Notification 2006 335
- Eco-Friendly Land Planning: Conservation, Utilisation and Conversion 339
- Town Planning Law, and the Development Plan 343
- Conversion of Land Use 347
- Urbanisation and Concretisation: What a City Loses When It Is Paved 351
- Taking Land: The 2013 Act and the Social Impact Assessment 356
- Compensation, Rehabilitation and Resettlement 363
- The Authority, the Appeal, and the Land That Comes Back 369
- What Indian Forests Have Served 374
- Reserved Forests, and the Settlement of Rights 379
- Pasture, Forest Produce and the Record of Rights 384
- What May Not Be Done in a Reserved Forest 389
- Village Forests and Protected Forests 394
- Forests That Are Not the Government's, and the Duty on Timber 399
- Timber in Transit, and Drift and Stranded Timber 405
- Forest Officers, Arrest, and the Presumption of Government Property 410
Contents continued
Module II continued
- The Penalties, and the Rest of the Indian Forest Act 415
- The Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 420
- Godavarman, and the Dictionary Meaning of Forest 425
- The 2023 Amendment, and What Section 1A Took Out 430
- Compensatory Afforestation and Net Present Value 435
- The Compensatory Afforestation Fund Authorities 441
- The National Forest Policy 1988 447
- Joint Forest Management, and the People Who Protect a Forest 453
- The Ancient Monuments Act 1958: What Is Protected 459
- The Owner, the Guardian and the Power to Acquire 465
- The Prohibited Area, the Regulated Area and the 2010 Amendment 471
- Archaeological Sites, Excavation and the Penalties 478
- The Antiquities and Art Treasures Act 1972 485
- Seizure, Confiscation and the Offences Under the Antiquities Act 492
- Natural Heritage, and the World Heritage Convention 499
- The Judicial Approach: Taj Trapezium, the Viceregal Lodge and the Aminabad Park 506
- Culture and Heritage: The Statutes, the Treaties and the Judgments Together 512
Contents continued
Module III
- Four Regimes, Not Two 518
- The Tragedy of the Commons, and What Hardin Actually Described 522
- Ostrom's Answer: Why a Commons Is Not Doomed 526
- Res Communis, Res Nullius and Res Publicae 531
- State Property: Eminent Domain, the Police Power and Escheat 535
- The Public Trust Doctrine: M.C. Mehta v. Kamal Nath 540
- The Doctrine Extended: The Beach, the Tank and the Park 545
- Village Commons: The Pond That Was Filled In 550
- Wildlife as Common Property, and Wildlife as State Property 555
- The Wild Life (Protection) Act 1972: The Officers and the Boards 560
- The Prohibition of Hunting, and When It Is Permitted 566
- Specified Plants 571
- Declaring a Sanctuary, and Settling the Rights Inside It 576
- What May Not Be Done Inside a Sanctuary 581
- National Parks, Conservation Reserves and Community Reserves 587
- Zoos and the Central Zoo Authority 593
- The National Tiger Conservation Authority, and the Critical Tiger Habitat 598
- Ownership Certificates, Trophies and the Ban on Trade 606
Contents continued
Module III continued
- CITES, and the 2022 Amendment 613
- Offences, Penalties and Forfeiture 621
- Wildlife as a Renewable Resource, and Where That Idea Stops 630
- The Biological Diversity Act 2002: Who May Take a Biological Resource 635
- The National Biodiversity Authority 641
- State Boards, Management Committees and the People's Biodiversity Register 647
- The 2023 Recast of the Biological Diversity Act 654
- Tribal Habitats: Who a Forest Dweller Is 660
- The Forest Rights Act 2006: The Thirteen Rights 665
- The Gram Sabha, and How a Right Is Recognised 671
- PESA 1996, and the Fifth Schedule 677
- Critical Wildlife Habitats: Where the Two Acts Collide 682
- Conservation of Flora and Fauna as a Common Property Question 687
- Natural Heritage and Tribal Habitats Classified 692
- Historical Monuments as Common Property and as State Property 697
- Popular Movements: Chipko, Silent Valley, Narmada and Niyamgiri 702
- What the Movements Changed in the Law Itself 708
Contents continued
Module IV
- Energy as a Resource 713
- Energy in the Constitution 717
- Conventional Energy: What It Is and What It Costs 721
- Coal: Nationalisation, the Cancellation and Commercial Mining 725
- Petroleum and Natural Gas 730
- The Atomic Energy Act 1962 736
- Control Over Mining, Production and Radiation 743
- Secrecy, Inventions and the Offences Under the Atomic Energy Act 751
- Atomic Minerals, and Section 11B of the MMDR Act 758
- The Civil Liability for Nuclear Damage Act 2010 764
- Section 17(b): The Supplier's Liability 772
- The Claims Commissioner and the Nuclear Damage Claims Commission 777
- The Offences, and the Bar on a Civil Court 784
- Kudankulam: G. Sundarrajan, and What a Court Will Not Review 790
- Non-Conventional Energy: The Six Sources 796
- Wind Energy 800
- Solar Energy, and the Land a Solar Park Needs 805
- The Electricity Act 2003: The Scheme 809
Contents continued
Module IV continued
- Generation Without a Licence, and the Licence for Everything Else 814
- Transmission, and the Load Despatch Centres 821
- Distribution, the Duty to Supply and Open Access 827
- Tariff, and Section 61(h) 833
- The Central Electricity Authority and the Regulatory Commissions 838
- Renewable Purchase Obligation and Renewable Energy Certificates 846
- The Appellate Tribunal, Unauthorised Use, and the Rest of the Act 852
- The Energy Conservation Act 2001: The Bureau 860
- Standards, Labels, the Building Code and the Designated Consumer 867
- Penalty, Adjudication and Appeal Under the Energy Conservation Act 875
- Merits and Demerits of Conventional Energy 883
- Merits and Demerits of Non-Conventional Energy 888
- Generation, Transmission and Utilisation: Where the Energy Is Lost 893
- Alternatives That Mitigate the Damage 899
- The Transition: Net Zero, Green Hydrogen and a Just Transition 905
Page 1 onwards
910 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. 910 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2024, 2026
Every chapter in the notes: 174 chapters across 4 modules
Module I 48 chapters
- 1 What This Paper Is, and the Four Words MU Prints pages 1 to 4
- 2 What a Natural Resource Is, and What Managing One Means in Law pages 5 to 8
- 3 Water in the Constitution pages 9 to 12
- 4 Is There a Right to Water? pages 13 to 16
- 5 Who Owns Water pages 17 to 20
- 6 Riparian Rights, and Section 7 of the Easements Act pages 21 to 25
- 7 Riparian Rights in Irrigation, and the Problems a Riparian Faces pages 26 to 29
- 8 Customary Water Rights, and the Village Tank pages 30 to 33
- 9 The Inter-State River Water Disputes Act 1956: What It Is For pages 34 to 37
- 10 Reference to a Tribunal, and How One Is Constituted pages 38 to 42
- 11 The Award, and Why It Is a Decree of the Supreme Court pages 43 to 46
- 12 The Bar in Section 11, and the Rest of the Act pages 47 to 51
- 13 What Is Wrong With the Machinery, and What Was Proposed pages 52 to 55
- 14 The River Boards Act 1956: The Half That Never Happened pages 56 to 59
- 15 What a River Board Would Have Done pages 60 to 63
- 16 Arbitration Under the River Boards Act, and Dissolution pages 64 to 67
- 17 Article 262 and the Courts pages 68 to 72
- 18 The Cauvery Dispute pages 73 to 76
- 19 The 2018 Decree, and the Cauvery Water Management Authority pages 77 to 81
- 20 In re Cauvery Water Disputes Tribunal: A State Cannot Legislate Away an Order pages 82 to 85
- 21 The Other Disputes pages 86 to 89
- 22 Interlinking of Rivers pages 90 to 93
- 23 The Dam Safety Act 2021: The Institutions pages 94 to 98
- 24 The State Tier, and the Obligations of a Dam Owner pages 99 to 102
- 25 Reporting, Safety Review and the Offences pages 103 to 106
- 26 Narmada Bachao Andolan: A Dam, a Displacement and a Divided Court pages 107 to 111
- 27 Ground Water: What an Aquifer Is pages 112 to 115
- 28 Absolute Dominion Over Percolating Water, and How It Broke pages 116 to 121
- 29 The Central Ground Water Authority pages 122 to 125
- 30 The Environment (Protection) Act 1986 as the Umbrella pages 126 to 130
- 31 The 2024 Penalty Regime Under the Environment Act pages 131 to 135
- 32 The Maharashtra Groundwater Act 2009: The Authorities pages 136 to 140
- 33 The District Tier, and Protecting a Drinking Water Source pages 141 to 145
- 34 Watersheds, Aquifers and the Groundwater Use Plan pages 146 to 149
- 35 Offences, Appeals and the Rules Under the Maharashtra Act pages 150 to 153
- 36 Salinity: Coastal Ingress, Irrigation and Effluent pages 154 to 157
- 37 Rainwater Harvesting pages 158 to 162
- 38 The National Water Policy 2012 pages 163 to 166
- 39 The Bills That Did Not Pass pages 167 to 170
- 40 Wetlands, and the Ramsar Idea of Wise Use pages 171 to 174
- 41 The Wetlands (Conservation and Management) Rules 2017 pages 175 to 178
- 42 The Coastal Aquaculture Authority Act 2005 pages 179 to 183
- 43 Enforcing the Aquaculture Act, and the 2023 Amendment pages 184 to 189
- 44 Fishing Regulation in Maharashtra pages 190 to 194
- 45 The Water Act 1974: The Boards pages 195 to 199
- 46 Consent, and the Prohibition in Section 24 pages 200 to 204
- 47 The Sanctions, and the 2024 Penalty Regime pages 205 to 210
- 48 Vellore Citizens Welfare Forum: Three Principles in One Judgment pages 211 to 214
Module II 58 chapters
- 49 Land as a Resource pages 215 to 218
- 50 Land in the Constitution pages 219 to 223
- 51 Who Owns the Minerals Under a Field pages 224 to 228
- 52 The MMDR Act 1957: The Declaration That Makes It Central pages 229 to 233
- 53 The Concessions: Permit, Licence and Lease pages 234 to 238
- 54 Royalty, Dead Rent, and What a State Actually Earns pages 239 to 244
- 55 The District Mineral Foundation and the Exploration Trust pages 245 to 249
- 56 Auction: Sections 10B and 11, and What 2015 Changed pages 250 to 254
- 57 Coal, Lignite, Atomic Minerals and Critical Minerals pages 255 to 259
- 58 The Rule-Making Powers, and the Register of Concessions pages 260 to 264
- 59 Minor Minerals, Section 15, and Deepak Kumar pages 265 to 268
- 60 Reservation, Conservation and the Power to Prospect pages 269 to 273
- 61 Void Concessions, Directions and the Revisional Power pages 274 to 277
- 62 The Penalties, and Section 21(5) pages 278 to 282
- 63 The Rest of the MMDR Act pages 283 to 287
- 64 Sand: The Hardest Mineral to Police pages 288 to 291
- 65 The Dehradun Limestone Quarries: Where the Judicial Remedy Began pages 292 to 296
- 66 Goa: The Foundation Cases pages 297 to 301
- 67 Common Cause: Compensation at a Hundred Per Cent pages 302 to 306
- 68 Samatha: Mining in a Scheduled Area pages 307 to 311
- 69 Mining on Forest Land: Niyamgiri and the Gram Sabha pages 312 to 315
- 70 Lafarge, and How a Forest Clearance Is Reviewed pages 316 to 320
- 71 Joshimath, and Building on Ground That Cannot Carry It pages 321 to 324
- 72 Offshore Minerals, Coal Bearing Areas and Oilfields pages 325 to 329
- 73 The National Mineral Policy 2019, and What Sustainable Mining Means pages 330 to 334
- 74 The Environmental Impact Assessment Notification 2006 pages 335 to 338
- 75 Eco-Friendly Land Planning: Conservation, Utilisation and Conversion pages 339 to 342
- 76 Town Planning Law, and the Development Plan pages 343 to 346
- 77 Conversion of Land Use pages 347 to 350
- 78 Urbanisation and Concretisation: What a City Loses When It Is Paved pages 351 to 355
- 79 Taking Land: The 2013 Act and the Social Impact Assessment pages 356 to 362
- 80 Compensation, Rehabilitation and Resettlement pages 363 to 368
- 81 The Authority, the Appeal, and the Land That Comes Back pages 369 to 373
- 82 What Indian Forests Have Served pages 374 to 378
- 83 Reserved Forests, and the Settlement of Rights pages 379 to 383
- 84 Pasture, Forest Produce and the Record of Rights pages 384 to 388
- 85 What May Not Be Done in a Reserved Forest pages 389 to 393
- 86 Village Forests and Protected Forests pages 394 to 398
- 87 Forests That Are Not the Government's, and the Duty on Timber pages 399 to 404
- 88 Timber in Transit, and Drift and Stranded Timber pages 405 to 409
- 89 Forest Officers, Arrest, and the Presumption of Government Property pages 410 to 414
- 90 The Penalties, and the Rest of the Indian Forest Act pages 415 to 419
- 91 The Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 pages 420 to 424
- 92 Godavarman, and the Dictionary Meaning of Forest pages 425 to 429
- 93 The 2023 Amendment, and What Section 1A Took Out pages 430 to 434
- 94 Compensatory Afforestation and Net Present Value pages 435 to 440
- 95 The Compensatory Afforestation Fund Authorities pages 441 to 446
- 96 The National Forest Policy 1988 pages 447 to 452
- 97 Joint Forest Management, and the People Who Protect a Forest pages 453 to 458
- 98 The Ancient Monuments Act 1958: What Is Protected pages 459 to 464
- 99 The Owner, the Guardian and the Power to Acquire pages 465 to 470
- 100 The Prohibited Area, the Regulated Area and the 2010 Amendment pages 471 to 477
- 101 Archaeological Sites, Excavation and the Penalties pages 478 to 484
- 102 The Antiquities and Art Treasures Act 1972 pages 485 to 491
- 103 Seizure, Confiscation and the Offences Under the Antiquities Act pages 492 to 498
- 104 Natural Heritage, and the World Heritage Convention pages 499 to 505
- 105 The Judicial Approach: Taj Trapezium, the Viceregal Lodge and the Aminabad Park pages 506 to 511
- 106 Culture and Heritage: The Statutes, the Treaties and the Judgments Together pages 512 to 517
Module III 35 chapters
- 107 Four Regimes, Not Two pages 518 to 521
- 108 The Tragedy of the Commons, and What Hardin Actually Described pages 522 to 525
- 109 Ostrom's Answer: Why a Commons Is Not Doomed pages 526 to 530
- 110 Res Communis, Res Nullius and Res Publicae pages 531 to 534
- 111 State Property: Eminent Domain, the Police Power and Escheat pages 535 to 539
- 112 The Public Trust Doctrine: M.C. Mehta v. Kamal Nath pages 540 to 544
- 113 The Doctrine Extended: The Beach, the Tank and the Park pages 545 to 549
- 114 Village Commons: The Pond That Was Filled In pages 550 to 554
- 115 Wildlife as Common Property, and Wildlife as State Property pages 555 to 559
- 116 The Wild Life (Protection) Act 1972: The Officers and the Boards pages 560 to 565
- 117 The Prohibition of Hunting, and When It Is Permitted pages 566 to 570
- 118 Specified Plants pages 571 to 575
- 119 Declaring a Sanctuary, and Settling the Rights Inside It pages 576 to 580
- 120 What May Not Be Done Inside a Sanctuary pages 581 to 586
- 121 National Parks, Conservation Reserves and Community Reserves pages 587 to 592
- 122 Zoos and the Central Zoo Authority pages 593 to 597
- 123 The National Tiger Conservation Authority, and the Critical Tiger Habitat pages 598 to 605
- 124 Ownership Certificates, Trophies and the Ban on Trade pages 606 to 612
- 125 CITES, and the 2022 Amendment pages 613 to 620
- 126 Offences, Penalties and Forfeiture pages 621 to 629
- 127 Wildlife as a Renewable Resource, and Where That Idea Stops pages 630 to 634
- 128 The Biological Diversity Act 2002: Who May Take a Biological Resource pages 635 to 640
- 129 The National Biodiversity Authority pages 641 to 646
- 130 State Boards, Management Committees and the People's Biodiversity Register pages 647 to 653
- 131 The 2023 Recast of the Biological Diversity Act pages 654 to 659
- 132 Tribal Habitats: Who a Forest Dweller Is pages 660 to 664
- 133 The Forest Rights Act 2006: The Thirteen Rights pages 665 to 670
- 134 The Gram Sabha, and How a Right Is Recognised pages 671 to 676
- 135 PESA 1996, and the Fifth Schedule pages 677 to 681
- 136 Critical Wildlife Habitats: Where the Two Acts Collide pages 682 to 686
- 137 Conservation of Flora and Fauna as a Common Property Question pages 687 to 691
- 138 Natural Heritage and Tribal Habitats Classified pages 692 to 696
- 139 Historical Monuments as Common Property and as State Property pages 697 to 701
- 140 Popular Movements: Chipko, Silent Valley, Narmada and Niyamgiri pages 702 to 707
- 141 What the Movements Changed in the Law Itself pages 708 to 712
Module IV 33 chapters
- 142 Energy as a Resource pages 713 to 716
- 143 Energy in the Constitution pages 717 to 720
- 144 Conventional Energy: What It Is and What It Costs pages 721 to 724
- 145 Coal: Nationalisation, the Cancellation and Commercial Mining pages 725 to 729
- 146 Petroleum and Natural Gas pages 730 to 735
- 147 The Atomic Energy Act 1962 pages 736 to 742
- 148 Control Over Mining, Production and Radiation pages 743 to 750
- 149 Secrecy, Inventions and the Offences Under the Atomic Energy Act pages 751 to 757
- 150 Atomic Minerals, and Section 11B of the MMDR Act pages 758 to 763
- 151 The Civil Liability for Nuclear Damage Act 2010 pages 764 to 771
- 152 Section 17(b): The Supplier's Liability pages 772 to 776
- 153 The Claims Commissioner and the Nuclear Damage Claims Commission pages 777 to 783
- 154 The Offences, and the Bar on a Civil Court pages 784 to 789
- 155 Kudankulam: G. Sundarrajan, and What a Court Will Not Review pages 790 to 795
- 156 Non-Conventional Energy: The Six Sources pages 796 to 799
- 157 Wind Energy pages 800 to 804
- 158 Solar Energy, and the Land a Solar Park Needs pages 805 to 808
- 159 The Electricity Act 2003: The Scheme pages 809 to 813
- 160 Generation Without a Licence, and the Licence for Everything Else pages 814 to 820
- 161 Transmission, and the Load Despatch Centres pages 821 to 826
- 162 Distribution, the Duty to Supply and Open Access pages 827 to 832
- 163 Tariff, and Section 61(h) pages 833 to 837
- 164 The Central Electricity Authority and the Regulatory Commissions pages 838 to 845
- 165 Renewable Purchase Obligation and Renewable Energy Certificates pages 846 to 851
- 166 The Appellate Tribunal, Unauthorised Use, and the Rest of the Act pages 852 to 859
- 167 The Energy Conservation Act 2001: The Bureau pages 860 to 866
- 168 Standards, Labels, the Building Code and the Designated Consumer pages 867 to 874
- 169 Penalty, Adjudication and Appeal Under the Energy Conservation Act pages 875 to 882
- 170 Merits and Demerits of Conventional Energy pages 883 to 887
- 171 Merits and Demerits of Non-Conventional Energy pages 888 to 892
- 172 Generation, Transmission and Utilisation: Where the Energy Is Lost pages 893 to 898
- 173 Alternatives That Mitigate the Damage pages 899 to 904
- 174 The Transition: Net Zero, Green Hydrogen and a Just Transition pages 905 to 910
Every paper that is solved: 7 papers
- 2025-26
- 2024
- 2022
- 2019
- 2018
- 2016
- 2015
-
Indian Constitutional Law New Challenges
Official Notes munotes.in
Indian Constitutional Law New Challenges
LL.M. · SEMESTER 1
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
Indian Constitutional Law New Challenges
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
- How to Read the Constitution 1
- What Federalism Is 6
- Is India a Federation? 10
- The Union and Its Territory 16
- Making and Remaking States 20
- The Legislative Lists 25
- Pith and Substance 30
- Colourable Legislation and Incidental Encroachment 35
- Repugnancy and the Occupied Field 40
- Residuary Power 45
- When Parliament May Legislate on a State Subject 49
- The Reach of a Legislature 54
- Administrative Relations and Federal Comity 58
- Inter-State Water Disputes 63
- The Inter-State Council and the Commissions 68
- Fiscal Federalism 72
- The Goods and Services Tax and Its Council 78
- Freedom of Trade, Commerce and Intercourse 83
- The Governor 88
- Emergency and the Federal Balance 94
Contents continued
Module I continued
- President's Rule 100
- Article 370 105
- Asymmetric Federalism: Articles 371 to 371-J 110
- Union and State Disputes in Court 115
- Cooperative and Competitive Federalism 119
- Why the Definition of "State" Decides Everything 124
- The Named Authorities 128
- "Other Authorities": The Early Cases 132
- The Instrumentality Test 136
- The Retreat, and What Survived It 141
- Is the Judiciary "State"? 146
- Private Bodies and Public Functions 150
- Liberalisation, Privatisation and the Case for Widening Article 12 154
- Article 13: Laws Inconsistent with Fundamental Rights 159
- Eclipse, Severability and Waiver 164
Module II
- The Equality Code 170
- Equality Before the Law and Equal Protection 174
Contents continued
Module II continued
- Reasonable Classification 178
- Arbitrariness 183
- Articles 15 and 16: The Prohibited Grounds 188
- Reservation in Education 192
- Reservation in Public Employment 196
- The Ceiling on Reservation 200
- The Creamy Layer 204
- Reservation in Promotion 209
- Economically Weaker Sections 213
- The Lists, and the Commissions That Watch Them 217
- Protective Discrimination 222
- Privatisation and Affirmative Action 226
- Saving of Laws: Articles 31A, 31B and 31C 231
- Untouchability and Titles 236
- The Empowerment of Women: The Constitutional Scheme 240
- Special Provision for Women 244
- Women at Work 248
- Sexual Harassment at the Workplace 253
- Women, Religion and Personal Law 258
Contents continued
Module II continued
- Women in Local Government 263
- The 106th Amendment, and Why It Has Not Started 267
- Freedom of Speech, and the Freedom of the Press Inside It 271
- The Grounds of Reasonable Restriction 275
- Prior Restraint and Pre-Censorship 279
- The Press and the Legislature 283
- The Right to Information 287
- Speech Online 291
- Privacy, Surveillance and Data 296
- Hate Speech, Fake News and Broadcasting 300
- New Scientific Development and the Freedom of Speech 305
Module III
- Article 21: From Gopalan to Maneka 309
- Procedure Established by Law 315
- The Expansion of "Life" 320
- Livelihood and Shelter 325
- Health and the Environment 331
- Education Before Article 21A 337
- Article 21A and the Right to Education Act 343
Contents continued
Module III continued
- Privacy 349
- Dignity, Autonomy and the End of Life 354
- Article 20: The Protections of an Accused 360
- Preventive Detention 366
- The Right Against Exploitation 372
- Article 32 and the Writs 378
- Article 226 384
- Limits: Articles 33, 34 and 35 390
- Public Interest Litigation 396
- Compensatory Jurisprudence 402
- Continuing Mandamus and Judicial Guidelines 408
- Hartal and Bandh 414
- The Right to Property 420
- The Directive Principles 426
- The Fundamental Duties 432
- Who Is a Minority? 438
- Article 29: The Right to Conserve 444
- Article 30: To Establish and to Administer 450
- State Control and Regulation 456
Contents continued
Module III continued
- The Eleven-Judge Answer 462
- After the Eleven-Judge Answer 467
- Minority Institutions and the Right to Education Act 473
- Linguistic Minorities 479
- What Secularism Means Here 485
- Articles 25 and 26 491
- Essential Religious Practices 497
- Religious Taxation and Religious Instruction 503
- Secularism as a Basic Feature 509
- Religious Fanaticism 515
- A Uniform Civil Code 521
Module IV
- Separation of Powers: The Doctrine 527
- The Indian Scheme 533
- Delegated Legislation 539
- Judicial Review 545
- Ultra Vires 551
- The Amending Power 557
- The Basic Structure 563
Contents continued
Module IV continued
- The Appointment of Judges 569
- The National Judicial Appointments Commission 575
- Transfer and Removal of Judges 581
- Judicial Independence 587
- Judicial Accountability 593
- Judicial Activism, Restraint and Overreach 599
- Legislative Privilege 605
- Advisory Jurisdiction 611
- Complete Justice: Article 142 617
- The Supreme Court 623
- The High Courts 629
- The Subordinate Judiciary 635
- Tribunals 640
- The Rule of Law 646
- Democracy and Free and Fair Elections 652
- The Election Commission 658
- Articles 325 to 329 664
- The Voter's Right to Know 670
- Electoral Reform and the Criminalisation of Politics 675
Contents continued
Module IV continued
- The Funding of Elections 681
- Defection and the Tenth Schedule 687
- Grass Root Democracy: The Panchayats 693
- Urban Local Government: The Municipalities 699
- The Nexus of Politics, Crime and Business 705
- The New Challenges 711
Page 1 onwards
715 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. 715 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2023, 2024, 2025, 2026
Every chapter in the notes: 136 chapters across 4 modules
Module I 35 chapters
- 1 How to Read the Constitution pages 1 to 5
- 2 What Federalism Is pages 6 to 9
- 3 Is India a Federation? pages 10 to 15
- 4 The Union and Its Territory pages 16 to 19
- 5 Making and Remaking States pages 20 to 24
- 6 The Legislative Lists pages 25 to 29
- 7 Pith and Substance pages 30 to 34
- 8 Colourable Legislation and Incidental Encroachment pages 35 to 39
- 9 Repugnancy and the Occupied Field pages 40 to 44
- 10 Residuary Power pages 45 to 48
- 11 When Parliament May Legislate on a State Subject pages 49 to 53
- 12 The Reach of a Legislature pages 54 to 57
- 13 Administrative Relations and Federal Comity pages 58 to 62
- 14 Inter-State Water Disputes pages 63 to 67
- 15 The Inter-State Council and the Commissions pages 68 to 71
- 16 Fiscal Federalism pages 72 to 77
- 17 The Goods and Services Tax and Its Council pages 78 to 82
- 18 Freedom of Trade, Commerce and Intercourse pages 83 to 87
- 19 The Governor pages 88 to 93
- 20 Emergency and the Federal Balance pages 94 to 99
- 21 President's Rule pages 100 to 104
- 22 Article 370 pages 105 to 109
- 23 Asymmetric Federalism: Articles 371 to 371-J pages 110 to 114
- 24 Union and State Disputes in Court pages 115 to 118
- 25 Cooperative and Competitive Federalism pages 119 to 123
- 26 Why the Definition of "State" Decides Everything pages 124 to 127
- 27 The Named Authorities pages 128 to 131
- 28 "Other Authorities": The Early Cases pages 132 to 135
- 29 The Instrumentality Test pages 136 to 140
- 30 The Retreat, and What Survived It pages 141 to 145
- 31 Is the Judiciary "State"? pages 146 to 149
- 32 Private Bodies and Public Functions pages 150 to 153
- 33 Liberalisation, Privatisation and the Case for Widening Article 12 pages 154 to 158
- 34 Article 13: Laws Inconsistent with Fundamental Rights pages 159 to 163
- 35 Eclipse, Severability and Waiver pages 164 to 169
Module II 32 chapters
- 36 The Equality Code pages 170 to 173
- 37 Equality Before the Law and Equal Protection pages 174 to 177
- 38 Reasonable Classification pages 178 to 182
- 39 Arbitrariness pages 183 to 187
- 40 Articles 15 and 16: The Prohibited Grounds pages 188 to 191
- 41 Reservation in Education pages 192 to 195
- 42 Reservation in Public Employment pages 196 to 199
- 43 The Ceiling on Reservation pages 200 to 203
- 44 The Creamy Layer pages 204 to 208
- 45 Reservation in Promotion pages 209 to 212
- 46 Economically Weaker Sections pages 213 to 216
- 47 The Lists, and the Commissions That Watch Them pages 217 to 221
- 48 Protective Discrimination pages 222 to 225
- 49 Privatisation and Affirmative Action pages 226 to 230
- 50 Saving of Laws: Articles 31A, 31B and 31C pages 231 to 235
- 51 Untouchability and Titles pages 236 to 239
- 52 The Empowerment of Women: The Constitutional Scheme pages 240 to 243
- 53 Special Provision for Women pages 244 to 247
- 54 Women at Work pages 248 to 252
- 55 Sexual Harassment at the Workplace pages 253 to 257
- 56 Women, Religion and Personal Law pages 258 to 262
- 57 Women in Local Government pages 263 to 266
- 58 The 106th Amendment, and Why It Has Not Started pages 267 to 270
- 59 Freedom of Speech, and the Freedom of the Press Inside It pages 271 to 274
- 60 The Grounds of Reasonable Restriction pages 275 to 278
- 61 Prior Restraint and Pre-Censorship pages 279 to 282
- 62 The Press and the Legislature pages 283 to 286
- 63 The Right to Information pages 287 to 290
- 64 Speech Online pages 291 to 295
- 65 Privacy, Surveillance and Data pages 296 to 299
- 66 Hate Speech, Fake News and Broadcasting pages 300 to 304
- 67 New Scientific Development and the Freedom of Speech pages 305 to 308
Module III 37 chapters
- 68 Article 21: From Gopalan to Maneka pages 309 to 314
- 69 Procedure Established by Law pages 315 to 319
- 70 The Expansion of "Life" pages 320 to 324
- 71 Livelihood and Shelter pages 325 to 330
- 72 Health and the Environment pages 331 to 336
- 73 Education Before Article 21A pages 337 to 342
- 74 Article 21A and the Right to Education Act pages 343 to 348
- 75 Privacy pages 349 to 353
- 76 Dignity, Autonomy and the End of Life pages 354 to 359
- 77 Article 20: The Protections of an Accused pages 360 to 365
- 78 Preventive Detention pages 366 to 371
- 79 The Right Against Exploitation pages 372 to 377
- 80 Article 32 and the Writs pages 378 to 383
- 81 Article 226 pages 384 to 389
- 82 Limits: Articles 33, 34 and 35 pages 390 to 395
- 83 Public Interest Litigation pages 396 to 401
- 84 Compensatory Jurisprudence pages 402 to 407
- 85 Continuing Mandamus and Judicial Guidelines pages 408 to 413
- 86 Hartal and Bandh pages 414 to 419
- 87 The Right to Property pages 420 to 425
- 88 The Directive Principles pages 426 to 431
- 89 The Fundamental Duties pages 432 to 437
- 90 Who Is a Minority? pages 438 to 443
- 91 Article 29: The Right to Conserve pages 444 to 449
- 92 Article 30: To Establish and to Administer pages 450 to 455
- 93 State Control and Regulation pages 456 to 461
- 94 The Eleven-Judge Answer pages 462 to 466
- 95 After the Eleven-Judge Answer pages 467 to 472
- 96 Minority Institutions and the Right to Education Act pages 473 to 478
- 97 Linguistic Minorities pages 479 to 484
- 98 What Secularism Means Here pages 485 to 490
- 99 Articles 25 and 26 pages 491 to 496
- 100 Essential Religious Practices pages 497 to 502
- 101 Religious Taxation and Religious Instruction pages 503 to 508
- 102 Secularism as a Basic Feature pages 509 to 514
- 103 Religious Fanaticism pages 515 to 520
- 104 A Uniform Civil Code pages 521 to 526
Module IV 32 chapters
- 105 Separation of Powers: The Doctrine pages 527 to 532
- 106 The Indian Scheme pages 533 to 538
- 107 Delegated Legislation pages 539 to 544
- 108 Judicial Review pages 545 to 550
- 109 Ultra Vires pages 551 to 556
- 110 The Amending Power pages 557 to 562
- 111 The Basic Structure pages 563 to 568
- 112 The Appointment of Judges pages 569 to 574
- 113 The National Judicial Appointments Commission pages 575 to 580
- 114 Transfer and Removal of Judges pages 581 to 586
- 115 Judicial Independence pages 587 to 592
- 116 Judicial Accountability pages 593 to 598
- 117 Judicial Activism, Restraint and Overreach pages 599 to 604
- 118 Legislative Privilege pages 605 to 610
- 119 Advisory Jurisdiction pages 611 to 616
- 120 Complete Justice: Article 142 pages 617 to 622
- 121 The Supreme Court pages 623 to 628
- 122 The High Courts pages 629 to 634
- 123 The Subordinate Judiciary pages 635 to 639
- 124 Tribunals pages 640 to 645
- 125 The Rule of Law pages 646 to 651
- 126 Democracy and Free and Fair Elections pages 652 to 657
- 127 The Election Commission pages 658 to 663
- 128 Articles 325 to 329 pages 664 to 669
- 129 The Voter's Right to Know pages 670 to 674
- 130 Electoral Reform and the Criminalisation of Politics pages 675 to 680
- 131 The Funding of Elections pages 681 to 686
- 132 Defection and the Tenth Schedule pages 687 to 692
- 133 Grass Root Democracy: The Panchayats pages 693 to 698
- 134 Urban Local Government: The Municipalities pages 699 to 704
- 135 The Nexus of Politics, Crime and Business pages 705 to 710
- 136 The New Challenges pages 711 to 715
Every paper that is solved: 17 papers
- 2025-26 - Group I
- 2025-26 - Group II
- 2025-26 - Group III
- 2025-26 - Group IV
- 2025-26 - Group V
- 2025-26 - Group VI
- 2024-25
- 2024 - Group I
- 2024 - Group II
- 2024 - Group III
- 2024 - Group V
- 2023
- 2022
- 2019
- 2018
- 2016
- 2015
-
Law and Social Transformation of India
Official Notes munotes.in
Law and Social Transformation of India
LL.M. · SEMESTER 1
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
Law and Social Transformation of India
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
- Law and Society: How Each Shapes the Other 1
- Law as an Instrument of Social Change 6
- What Law Cannot Do: The Limits of Legislating Change 12
- Law as the Product of Tradition and Culture 17
- Custom as a Source of Law 22
- Roscoe Pound and Social Engineering 26
- Pound's Scheme of Interests 30
- The Criticisms of Social Engineering 34
- Bentham, Marx and Ehrlich: The Other Answers 38
- The Preamble: The Charter of Transformation 43
- The Directive Principles and the Welfare State 47
- Social Security Legislation 53
- The Fundamental Duties 57
- The Judiciary as an Engine of Social Change 61
- Judicial Activism and Public Interest Litigation 66
- Social Justice 70
- Religion and the Law: The Two Questions 74
- Freedom of Religion: Articles 25 to 28 78
- The Essential Religious Practices Doctrine 83
- Secularism 88
Contents continued
Module I continued
- The State and Religion: No State Religion 92
- Religion as a Divisive Factor 95
- No Discrimination on the Ground of Religion 99
- Who Is a Minority 103
- Articles 29 and 30: The Minority's Educational Rights 107
- The National Commission for Minorities 111
- Conversion and the Law 115
- Personal Law: What It Is, and Why India Has Several 119
- The Hindu Code Bills 124
- Muslim Personal Law and Maintenance: Shah Bano to Danial Latifi 128
- Triple Talaq 134
- Christian and Parsi Law, and the Special Marriage Act 139
- The Uniform Civil Code 143
- Religious Freedom against Social Reform 148
- Temple Entry 152
- Places of Worship, and the Character Frozen in 1947 157
Module II
- Language and the Law: Why a Country Legislates about Language 162
Contents continued
Module II continued
- Language as a Divisive Factor 167
- The Official Language of the Union 171
- The Official Languages Act 1963 176
- Many Languages, One Union 181
- Constitutional Guarantees to Linguistic Minorities 185
- The Formation of Linguistic States 190
- The Commissions That Redrew the Map 194
- The Medium of Instruction 199
- Enforcing Language Rights 204
- Regionalism, and India as One Unit 208
- The Language of the Courts and of the Statute Book 212
- Community and the Law: Caste, Tribe and a Plural Society 217
- Caste as a Divisive Factor 222
- Non-discrimination on the Ground of Caste 226
- Untouchability, and the Act That Abolished It 230
- The Atrocities Act 1989 236
- Manual Scavenging and Bonded Labour 242
- Reservation: The Constitutional Scheme 247
- Protective Discrimination 251
Contents continued
Module II continued
- Backward Classes, the Creamy Layer and the Ceiling 255
- Reservation in Promotion, and the Ten Per Cent for the Economically Weaker 260
- Substantive Equality 265
- The Safeguards: Seats, Services and Commissions 269
- Tribal India: The Fifth and Sixth Schedules 274
- Land, Forest and the Gram Sabha's Consent 281
- The Naxalite Movement: Origin and Development 289
- The Causes: Land, Dispossession and the Failure of Law 294
- The Cure: What the State Has Tried 301
- Internal Security, Social Justice and Development 307
- The Human Rights Commissions 314
Module III
- Women and the Law: Where the Constitution Started 320
- Article 15(3): Special Provision for Women 326
- Gender Injustice and Its Forms 331
- Dignity and the Right to Privacy 336
- Empowerment of Women 341
- Women in Public Employment and the Armed Forces 346
Contents continued
Module III continued
- Equal Pay and Maternity Benefit 352
- Sexual Harassment at the Workplace 357
- Crimes against Women 366
- The Criminal Law (Amendment) Act 2013 373
- Dowry 379
- Domestic Violence 386
- Sati 395
- Sex Selection and the Missing Daughters 401
- Reproductive Autonomy 408
- Trafficking and Prostitution 415
- Indecent Representation 423
- The National Commission for Women 429
- Women in the Legislatures 435
- Women's Property Rights 441
- Adultery and Marital Autonomy 448
- Who Counts as a Woman 454
- The Judiciary and Women's Rights: The Record 461
- Children and the Law: The Child as a Rights-Holder 467
- The Constitution and the Child 472
Contents continued
Module III continued
- India and the Convention on the Rights of the Child 477
- Child Abuse 483
- The Sexual Exploitation of Children 489
- POCSO: Objects and Scheme 495
- How Far POCSO Has Worked 504
- Child Labour: Causes and Consequences 510
- The Law against Child Labour 515
- The Courts and the Enforcement against Child Labour 522
- The Right to Education 528
- Juvenile Justice 537
- The Child in Need of Care and Protection 547
- Adoption 557
- Inter-country Adoption 564
- The Child Rights Commissions 570
- Child Marriage 577
Module IV
- Modernisation and the Law 584
- Modernisation as a Value 589
- Modernising Social Institutions Through Law 595
Contents continued
Module IV continued
- Agrarian Reform: Abolishing the Intermediary 600
- Ceilings, Tenancy and Redistribution 606
- The Ninth Schedule and the Property Amendments 611
- Industrialisation and the Law 618
- Industrialisation against Environmental Protection 624
- What the Courts Built out of Article 21 631
- Industrialisation and the Sustainable Development Goals 638
- Urbanisation and the Pavement Dweller 643
- Science, Technology and the Law Behind Them 651
- Democratic Decentralisation and Local Self-Government 657
- The Prison in India 664
- The Committees on Prison Reform 671
- The Prisoner's Rights 677
- Alternative Approaches to Law 685
- Section 89 of the Civil Procedure Code 690
- The Types of Alternative Dispute Mechanism, and What Each Is Good For 696
- Arbitration 701
- Mediation and Conciliation 708
- Lok Adalat 716
Contents continued
Module IV continued
- Legal Aid 724
- Nyaya Panchayats 734
- Gram Nyayalayas 740
- Plea Bargaining 752
- Reform of Court Processes and of the Justice Delivery System 761
- Legal Pluralism, and the Forums the State Did Not Create 770
Page 1 onwards
778 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. 778 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2023, 2024, 2025, 2026
Every chapter in the notes: 135 chapters across 4 modules
Module I 36 chapters
- 1 Law and Society: How Each Shapes the Other pages 1 to 5
- 2 Law as an Instrument of Social Change pages 6 to 11
- 3 What Law Cannot Do: The Limits of Legislating Change pages 12 to 16
- 4 Law as the Product of Tradition and Culture pages 17 to 21
- 5 Custom as a Source of Law pages 22 to 25
- 6 Roscoe Pound and Social Engineering pages 26 to 29
- 7 Pound's Scheme of Interests pages 30 to 33
- 8 The Criticisms of Social Engineering pages 34 to 37
- 9 Bentham, Marx and Ehrlich: The Other Answers pages 38 to 42
- 10 The Preamble: The Charter of Transformation pages 43 to 46
- 11 The Directive Principles and the Welfare State pages 47 to 52
- 12 Social Security Legislation pages 53 to 56
- 13 The Fundamental Duties pages 57 to 60
- 14 The Judiciary as an Engine of Social Change pages 61 to 65
- 15 Judicial Activism and Public Interest Litigation pages 66 to 69
- 16 Social Justice pages 70 to 73
- 17 Religion and the Law: The Two Questions pages 74 to 77
- 18 Freedom of Religion: Articles 25 to 28 pages 78 to 82
- 19 The Essential Religious Practices Doctrine pages 83 to 87
- 20 Secularism pages 88 to 91
- 21 The State and Religion: No State Religion pages 92 to 94
- 22 Religion as a Divisive Factor pages 95 to 98
- 23 No Discrimination on the Ground of Religion pages 99 to 102
- 24 Who Is a Minority pages 103 to 106
- 25 Articles 29 and 30: The Minority's Educational Rights pages 107 to 110
- 26 The National Commission for Minorities pages 111 to 114
- 27 Conversion and the Law pages 115 to 118
- 28 Personal Law: What It Is, and Why India Has Several pages 119 to 123
- 29 The Hindu Code Bills pages 124 to 127
- 30 Muslim Personal Law and Maintenance: Shah Bano to Danial Latifi pages 128 to 133
- 31 Triple Talaq pages 134 to 138
- 32 Christian and Parsi Law, and the Special Marriage Act pages 139 to 142
- 33 The Uniform Civil Code pages 143 to 147
- 34 Religious Freedom against Social Reform pages 148 to 151
- 35 Temple Entry pages 152 to 156
- 36 Places of Worship, and the Character Frozen in 1947 pages 157 to 161
Module II 31 chapters
- 37 Language and the Law: Why a Country Legislates about Language pages 162 to 166
- 38 Language as a Divisive Factor pages 167 to 170
- 39 The Official Language of the Union pages 171 to 175
- 40 The Official Languages Act 1963 pages 176 to 180
- 41 Many Languages, One Union pages 181 to 184
- 42 Constitutional Guarantees to Linguistic Minorities pages 185 to 189
- 43 The Formation of Linguistic States pages 190 to 193
- 44 The Commissions That Redrew the Map pages 194 to 198
- 45 The Medium of Instruction pages 199 to 203
- 46 Enforcing Language Rights pages 204 to 207
- 47 Regionalism, and India as One Unit pages 208 to 211
- 48 The Language of the Courts and of the Statute Book pages 212 to 216
- 49 Community and the Law: Caste, Tribe and a Plural Society pages 217 to 221
- 50 Caste as a Divisive Factor pages 222 to 225
- 51 Non-discrimination on the Ground of Caste pages 226 to 229
- 52 Untouchability, and the Act That Abolished It pages 230 to 235
- 53 The Atrocities Act 1989 pages 236 to 241
- 54 Manual Scavenging and Bonded Labour pages 242 to 246
- 55 Reservation: The Constitutional Scheme pages 247 to 250
- 56 Protective Discrimination pages 251 to 254
- 57 Backward Classes, the Creamy Layer and the Ceiling pages 255 to 259
- 58 Reservation in Promotion, and the Ten Per Cent for the Economically Weaker pages 260 to 264
- 59 Substantive Equality pages 265 to 268
- 60 The Safeguards: Seats, Services and Commissions pages 269 to 273
- 61 Tribal India: The Fifth and Sixth Schedules pages 274 to 280
- 62 Land, Forest and the Gram Sabha's Consent pages 281 to 288
- 63 The Naxalite Movement: Origin and Development pages 289 to 293
- 64 The Causes: Land, Dispossession and the Failure of Law pages 294 to 300
- 65 The Cure: What the State Has Tried pages 301 to 306
- 66 Internal Security, Social Justice and Development pages 307 to 313
- 67 The Human Rights Commissions pages 314 to 319
Module III 40 chapters
- 68 Women and the Law: Where the Constitution Started pages 320 to 325
- 69 Article 15(3): Special Provision for Women pages 326 to 330
- 70 Gender Injustice and Its Forms pages 331 to 335
- 71 Dignity and the Right to Privacy pages 336 to 340
- 72 Empowerment of Women pages 341 to 345
- 73 Women in Public Employment and the Armed Forces pages 346 to 351
- 74 Equal Pay and Maternity Benefit pages 352 to 356
- 75 Sexual Harassment at the Workplace pages 357 to 365
- 76 Crimes against Women pages 366 to 372
- 77 The Criminal Law (Amendment) Act 2013 pages 373 to 378
- 78 Dowry pages 379 to 385
- 79 Domestic Violence pages 386 to 394
- 80 Sati pages 395 to 400
- 81 Sex Selection and the Missing Daughters pages 401 to 407
- 82 Reproductive Autonomy pages 408 to 414
- 83 Trafficking and Prostitution pages 415 to 422
- 84 Indecent Representation pages 423 to 428
- 85 The National Commission for Women pages 429 to 434
- 86 Women in the Legislatures pages 435 to 440
- 87 Women's Property Rights pages 441 to 447
- 88 Adultery and Marital Autonomy pages 448 to 453
- 89 Who Counts as a Woman pages 454 to 460
- 90 The Judiciary and Women's Rights: The Record pages 461 to 466
- 91 Children and the Law: The Child as a Rights-Holder pages 467 to 471
- 92 The Constitution and the Child pages 472 to 476
- 93 India and the Convention on the Rights of the Child pages 477 to 482
- 94 Child Abuse pages 483 to 488
- 95 The Sexual Exploitation of Children pages 489 to 494
- 96 POCSO: Objects and Scheme pages 495 to 503
- 97 How Far POCSO Has Worked pages 504 to 509
- 98 Child Labour: Causes and Consequences pages 510 to 514
- 99 The Law against Child Labour pages 515 to 521
- 100 The Courts and the Enforcement against Child Labour pages 522 to 527
- 101 The Right to Education pages 528 to 536
- 102 Juvenile Justice pages 537 to 546
- 103 The Child in Need of Care and Protection pages 547 to 556
- 104 Adoption pages 557 to 563
- 105 Inter-country Adoption pages 564 to 569
- 106 The Child Rights Commissions pages 570 to 576
- 107 Child Marriage pages 577 to 583
Module IV 28 chapters
- 108 Modernisation and the Law pages 584 to 588
- 109 Modernisation as a Value pages 589 to 594
- 110 Modernising Social Institutions Through Law pages 595 to 599
- 111 Agrarian Reform: Abolishing the Intermediary pages 600 to 605
- 112 Ceilings, Tenancy and Redistribution pages 606 to 610
- 113 The Ninth Schedule and the Property Amendments pages 611 to 617
- 114 Industrialisation and the Law pages 618 to 623
- 115 Industrialisation against Environmental Protection pages 624 to 630
- 116 What the Courts Built out of Article 21 pages 631 to 637
- 117 Industrialisation and the Sustainable Development Goals pages 638 to 642
- 118 Urbanisation and the Pavement Dweller pages 643 to 650
- 119 Science, Technology and the Law Behind Them pages 651 to 656
- 120 Democratic Decentralisation and Local Self-Government pages 657 to 663
- 121 The Prison in India pages 664 to 670
- 122 The Committees on Prison Reform pages 671 to 676
- 123 The Prisoner's Rights pages 677 to 684
- 124 Alternative Approaches to Law pages 685 to 689
- 125 Section 89 of the Civil Procedure Code pages 690 to 695
- 126 The Types of Alternative Dispute Mechanism, and What Each Is Good For pages 696 to 700
- 127 Arbitration pages 701 to 707
- 128 Mediation and Conciliation pages 708 to 715
- 129 Lok Adalat pages 716 to 723
- 130 Legal Aid pages 724 to 733
- 131 Nyaya Panchayats pages 734 to 739
- 132 Gram Nyayalayas pages 740 to 751
- 133 Plea Bargaining pages 752 to 760
- 134 Reform of Court Processes and of the Justice Delivery System pages 761 to 769
- 135 Legal Pluralism, and the Forums the State Did Not Create pages 770 to 778
Every paper that is solved: 17 papers
- 2025-26 - Group I
- 2025-26 - Group II
- 2025-26 - Group III
- 2025-26 - Group IV
- 2025-26 - Group V
- 2025-26 - Group VI
- 2024-25
- 2024 - Group I
- 2024 - Group II
- 2024 - Group III
- 2024 - Group V
- 2023
- 2022
- 2019
- 2018
- 2016
- 2015
-
Environment and Development Law and Policy
Official Notes munotes.in
Environment and Development Law and Policy
LL.M. · SEMESTER 1
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 6 Environment and Legal Order
Environment and Development Law and Policy
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
- What This Paper Is About 1
- What Environment Means 5
- Environment in Law: The Statutory Definition 9
- Ecology, Ecosystem and Biosphere 13
- The Conventional Idea of Environment 17
- The Modern Concept of Environment 22
- The Modern Conflicting Dimensions 26
- Environment in the Vedas and the Upanishads 30
- Kautilya's Arthashastra and the First Forest Administration 34
- Ashoka, Manu and the Duty to the Non-Human World 38
- Buddhist and Jain Thought, and the Sacred Grove 42
- Traditions and Customs as Environmental Protection 46
- The Medieval Centuries 50
- What the Ancient Material Is Actually Worth 54
- The Colonial Century and the First Statutes 58
- Environmental Degradation in India Today 63
- Emerging Issues and Challenges 67
- Climate Change as an Emerging Issue 71
- Anthropocentric and Ecocentric: Whose Interest Does the Law Protect 76
- Environmental Ethics 80
Contents continued
Module I continued
- What Environmental Jurisprudence Means 84
- What Development Means 88
- Growth, Development and the Human Development Idea 92
- Developing Economies and the Protection of Environment 96
- The Right to Development 100
- Environment Against Development 104
- Stockholm 1972: The Conference 108
- The Stockholm Declaration: The Proclamation 112
- The Stockholm Principles 1 to 13 116
- The Stockholm Principles 14 to 26 120
- What Stockholm Changed 124
- Between Stockholm and Rio 128
- The Brundtland Report and the Definition 132
- The Rio Earth Summit 1992 136
- The Rio Declaration: Principles 1 to 14 139
- The Rio Declaration: Principles 15 to 27 143
- Agenda 21 and What Rio Left Behind 148
- From Rio to Johannesburg, and the Millennium Goals 152
- Rio+20 and The Future We Want 156
Contents continued
Module I continued
- The Sustainable Development Goals 160
- Sustainable Development: The Salient Features 164
- Intergenerational Equity 168
- Intragenerational Equity and Common but Differentiated Responsibility 173
- The Precautionary Principle 178
- The Precautionary Principle in the Indian Courts 182
- The Polluter Pays Principle 187
- The Public Trust Doctrine 192
- The Public Trust Doctrine in India 196
- Sustainable Development in Indian Law 201
- Narmada and the Limits of the Doctrine 206
- Environmental Justice 210
- Environmental Improvement Through Economic Incentives 214
- Environmental Impact Assessment 218
- The EIA Notification 2006 in Outline 222
Module II
- Policy and Law: What Each Is 226
- How a Policy Becomes Enforceable 230
Contents continued
Module II continued
- Environmental Policy Before Independence 234
- The Five Year Plans and the Environment 238
- What Stockholm Changed Inside the Government of India 242
- The Forest Policies of 1894 and 1952 245
- The National Forest Policy 1988 249
- Joint Forest Management 254
- The Draft National Forest Policy 2018 258
- The Government and the Forests 262
- The National Water Policy 1987 and 2002 266
- The National Water Policy 2012 269
- Water Policy and the Federal Problem 274
- The National Conservation Strategy and Policy Statement 1992 278
- The Policy Statement for Abatement of Pollution 1992 282
- The National Environment Policy 2006 285
- The National Action Plan on Climate Change 290
- India's Climate Commitments After Paris 294
- The Role of Government in Protecting the Environment 298
- The Water Act 1974 303
- The Air Act 1981 308
Contents continued
Module II continued
- The Environment (Protection) Act 1986 313
- What Was Done Under Section 3 319
- The Forest (Conservation) Act 1980 322
- The Wild Life (Protection) Act 1972 328
- The Biological Diversity Act 2002 333
- The Public Liability Insurance Act 1991 338
- The National Green Tribunal 342
- Absolute Liability: The Oleum Gas Leak Case 348
- Absolute Liability Applied: Bichhri and After 353
- The Pollution Control Boards 358
- Why Environmental Policy Under-Performs 363
Module III
- Population, Environment and Development 368
- How Many People There Are 372
- Population Explosion: What the Phrase Means 376
- The Demographic Transition 379
- Malthus and His Critics 383
- Carrying Capacity and the Ecological Footprint 387
- Population and Land 391
Contents continued
Module III continued
- Population and Food 395
- Population and Water 399
- Population and Forest 403
- Population, Urbanisation and the City 407
- Population, Waste and Sanitation 412
- Population, Air and Energy 416
- Poverty, Population and the Environment 420
- Consumption Against Numbers 424
- Population and Socio-Economic Development 428
- Family Planning in India 432
- The Emergency and What It Cost 436
- The National Population Policy 2000 440
- The Two-Child Norm and Javed 444
- The Other Population Statutes 448
- Can Law Control Population 453
- What Actually Brings the Birth Rate Down 457
Module IV
- The Constitution and the Environment in 1950 462
- The Forty-Second Amendment 1976 467
Contents continued
Module IV continued
- Article 48A 471
- The Other Directive Principles 476
- Article 51A(g) 480
- Are the Principles and the Duties Enforceable 485
- Article 21 and the Right to a Wholesome Environment 490
- How the Right Was Built, Case by Case 495
- Ratlam and the Duty to Perform 501
- Article 14 and Arbitrary Environmental Decisions 505
- Article 19(1)(g) and the Trade That Must Stop 511
- Articles 32 and 226 516
- Public Interest Litigation 521
- PIL and the Environment 525
- Judicial Activism 530
- The Doctrines the Courts Built 535
- The Public Trust Doctrine and the Constitution 541
- Continuing Mandamus and the Court's Own Tools 546
- Compensation Under Article 32 552
- The Legislative Lists and Article 253 557
- Environmental Federalism 563
Contents continued
Module IV continued
- Panchayats, Municipalities and the Two Schedules 568
- Flora and Fauna in the Constitution 574
- The Right Against the Adverse Effects of Climate Change 580
- What the Constitutional Route Cannot Do 585
- How to Answer This Paper 591
Page 1 onwards
596 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. 596 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2024, 2026
Every chapter in the notes: 135 chapters across 4 modules
Module I 54 chapters
- 1 What This Paper Is About pages 1 to 4
- 2 What Environment Means pages 5 to 8
- 3 Environment in Law: The Statutory Definition pages 9 to 12
- 4 Ecology, Ecosystem and Biosphere pages 13 to 16
- 5 The Conventional Idea of Environment pages 17 to 21
- 6 The Modern Concept of Environment pages 22 to 25
- 7 The Modern Conflicting Dimensions pages 26 to 29
- 8 Environment in the Vedas and the Upanishads pages 30 to 33
- 9 Kautilya's Arthashastra and the First Forest Administration pages 34 to 37
- 10 Ashoka, Manu and the Duty to the Non-Human World pages 38 to 41
- 11 Buddhist and Jain Thought, and the Sacred Grove pages 42 to 45
- 12 Traditions and Customs as Environmental Protection pages 46 to 49
- 13 The Medieval Centuries pages 50 to 53
- 14 What the Ancient Material Is Actually Worth pages 54 to 57
- 15 The Colonial Century and the First Statutes pages 58 to 62
- 16 Environmental Degradation in India Today pages 63 to 66
- 17 Emerging Issues and Challenges pages 67 to 70
- 18 Climate Change as an Emerging Issue pages 71 to 75
- 19 Anthropocentric and Ecocentric: Whose Interest Does the Law Protect pages 76 to 79
- 20 Environmental Ethics pages 80 to 83
- 21 What Environmental Jurisprudence Means pages 84 to 87
- 22 What Development Means pages 88 to 91
- 23 Growth, Development and the Human Development Idea pages 92 to 95
- 24 Developing Economies and the Protection of Environment pages 96 to 99
- 25 The Right to Development pages 100 to 103
- 26 Environment Against Development pages 104 to 107
- 27 Stockholm 1972: The Conference pages 108 to 111
- 28 The Stockholm Declaration: The Proclamation pages 112 to 115
- 29 The Stockholm Principles 1 to 13 pages 116 to 119
- 30 The Stockholm Principles 14 to 26 pages 120 to 123
- 31 What Stockholm Changed pages 124 to 127
- 32 Between Stockholm and Rio pages 128 to 131
- 33 The Brundtland Report and the Definition pages 132 to 135
- 34 The Rio Earth Summit 1992 pages 136 to 138
- 35 The Rio Declaration: Principles 1 to 14 pages 139 to 142
- 36 The Rio Declaration: Principles 15 to 27 pages 143 to 147
- 37 Agenda 21 and What Rio Left Behind pages 148 to 151
- 38 From Rio to Johannesburg, and the Millennium Goals pages 152 to 155
- 39 Rio+20 and The Future We Want pages 156 to 159
- 40 The Sustainable Development Goals pages 160 to 163
- 41 Sustainable Development: The Salient Features pages 164 to 167
- 42 Intergenerational Equity pages 168 to 172
- 43 Intragenerational Equity and Common but Differentiated Responsibility pages 173 to 177
- 44 The Precautionary Principle pages 178 to 181
- 45 The Precautionary Principle in the Indian Courts pages 182 to 186
- 46 The Polluter Pays Principle pages 187 to 191
- 47 The Public Trust Doctrine pages 192 to 195
- 48 The Public Trust Doctrine in India pages 196 to 200
- 49 Sustainable Development in Indian Law pages 201 to 205
- 50 Narmada and the Limits of the Doctrine pages 206 to 209
- 51 Environmental Justice pages 210 to 213
- 52 Environmental Improvement Through Economic Incentives pages 214 to 217
- 53 Environmental Impact Assessment pages 218 to 221
- 54 The EIA Notification 2006 in Outline pages 222 to 225
Module II 32 chapters
- 55 Policy and Law: What Each Is pages 226 to 229
- 56 How a Policy Becomes Enforceable pages 230 to 233
- 57 Environmental Policy Before Independence pages 234 to 237
- 58 The Five Year Plans and the Environment pages 238 to 241
- 59 What Stockholm Changed Inside the Government of India pages 242 to 244
- 60 The Forest Policies of 1894 and 1952 pages 245 to 248
- 61 The National Forest Policy 1988 pages 249 to 253
- 62 Joint Forest Management pages 254 to 257
- 63 The Draft National Forest Policy 2018 pages 258 to 261
- 64 The Government and the Forests pages 262 to 265
- 65 The National Water Policy 1987 and 2002 pages 266 to 268
- 66 The National Water Policy 2012 pages 269 to 273
- 67 Water Policy and the Federal Problem pages 274 to 277
- 68 The National Conservation Strategy and Policy Statement 1992 pages 278 to 281
- 69 The Policy Statement for Abatement of Pollution 1992 pages 282 to 284
- 70 The National Environment Policy 2006 pages 285 to 289
- 71 The National Action Plan on Climate Change pages 290 to 293
- 72 India's Climate Commitments After Paris pages 294 to 297
- 73 The Role of Government in Protecting the Environment pages 298 to 302
- 74 The Water Act 1974 pages 303 to 307
- 75 The Air Act 1981 pages 308 to 312
- 76 The Environment (Protection) Act 1986 pages 313 to 318
- 77 What Was Done Under Section 3 pages 319 to 321
- 78 The Forest (Conservation) Act 1980 pages 322 to 327
- 79 The Wild Life (Protection) Act 1972 pages 328 to 332
- 80 The Biological Diversity Act 2002 pages 333 to 337
- 81 The Public Liability Insurance Act 1991 pages 338 to 341
- 82 The National Green Tribunal pages 342 to 347
- 83 Absolute Liability: The Oleum Gas Leak Case pages 348 to 352
- 84 Absolute Liability Applied: Bichhri and After pages 353 to 357
- 85 The Pollution Control Boards pages 358 to 362
- 86 Why Environmental Policy Under-Performs pages 363 to 367
Module III 23 chapters
- 87 Population, Environment and Development pages 368 to 371
- 88 How Many People There Are pages 372 to 375
- 89 Population Explosion: What the Phrase Means pages 376 to 378
- 90 The Demographic Transition pages 379 to 382
- 91 Malthus and His Critics pages 383 to 386
- 92 Carrying Capacity and the Ecological Footprint pages 387 to 390
- 93 Population and Land pages 391 to 394
- 94 Population and Food pages 395 to 398
- 95 Population and Water pages 399 to 402
- 96 Population and Forest pages 403 to 406
- 97 Population, Urbanisation and the City pages 407 to 411
- 98 Population, Waste and Sanitation pages 412 to 415
- 99 Population, Air and Energy pages 416 to 419
- 100 Poverty, Population and the Environment pages 420 to 423
- 101 Consumption Against Numbers pages 424 to 427
- 102 Population and Socio-Economic Development pages 428 to 431
- 103 Family Planning in India pages 432 to 435
- 104 The Emergency and What It Cost pages 436 to 439
- 105 The National Population Policy 2000 pages 440 to 443
- 106 The Two-Child Norm and Javed pages 444 to 447
- 107 The Other Population Statutes pages 448 to 452
- 108 Can Law Control Population pages 453 to 456
- 109 What Actually Brings the Birth Rate Down pages 457 to 461
Module IV 26 chapters
- 110 The Constitution and the Environment in 1950 pages 462 to 466
- 111 The Forty-Second Amendment 1976 pages 467 to 470
- 112 Article 48A pages 471 to 475
- 113 The Other Directive Principles pages 476 to 479
- 114 Article 51A(g) pages 480 to 484
- 115 Are the Principles and the Duties Enforceable pages 485 to 489
- 116 Article 21 and the Right to a Wholesome Environment pages 490 to 494
- 117 How the Right Was Built, Case by Case pages 495 to 500
- 118 Ratlam and the Duty to Perform pages 501 to 504
- 119 Article 14 and Arbitrary Environmental Decisions pages 505 to 510
- 120 Article 19(1)(g) and the Trade That Must Stop pages 511 to 515
- 121 Articles 32 and 226 pages 516 to 520
- 122 Public Interest Litigation pages 521 to 524
- 123 PIL and the Environment pages 525 to 529
- 124 Judicial Activism pages 530 to 534
- 125 The Doctrines the Courts Built pages 535 to 540
- 126 The Public Trust Doctrine and the Constitution pages 541 to 545
- 127 Continuing Mandamus and the Court's Own Tools pages 546 to 551
- 128 Compensation Under Article 32 pages 552 to 556
- 129 The Legislative Lists and Article 253 pages 557 to 562
- 130 Environmental Federalism pages 563 to 567
- 131 Panchayats, Municipalities and the Two Schedules pages 568 to 573
- 132 Flora and Fauna in the Constitution pages 574 to 579
- 133 The Right Against the Adverse Effects of Climate Change pages 580 to 584
- 134 What the Constitutional Route Cannot Do pages 585 to 590
- 135 How to Answer This Paper pages 591 to 596
Every paper that is solved: 7 papers
- 2025-26
- 2024
- 2022
- 2019
- 2018
- 2016
- 2015
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