This course is designed to offer the teacher and the taught with – (a)

awareness of Indian approaches

Scheme & Syllabus of LL.M. Second Semester
Compulsory Papers
(1 Papers Marks-100)
Theory Int. Assignment
Paper – 3 JDICIAL PROCESS 70/28 30/12

Paper – 3
JDICIAL PROCESS.

03 JDICIAL PROCESS

Objectives of the course

A lawyer, whether academic or professional, is expected to be competent to analyses and

evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on
Judicial Process is essential in the LL.M. curriculum. The objective of this paper is to study
the nature of judicial process as an instrument of social ordering. It is intended to highlight
The role of court as policy maker, participant in the power process and as an instrument of
social change. This paper further intends to expose the intricacies of judicial creativity and
the judicial tools and techniques employed in the process.

Since the ultimate aim of any legal process or system is pursuit of justice, a systematic study
of the concept of justice and its various the theoretical foundations is required. The paper,
therefore, intends to familiarise the students with various theories, different and alternative
ways, of attaining justice.
The following syllabus prepared with the above perspective will spread over a period of one
semester
Syllabus
UNIT-I

1. Nature of judicial process

1.1 Judicial process as an instrument of social ordering
1.2 Judicial process and creativity in law – common law model-Legal Reasoning
and growth of law- change and stability.
1.3 The tools and techniques of judicial creativity and precedent.
1.4 Legal development and creativity through legal reasoning under statutory and
codified systems.
UNIT-II

2. Special Dimensions of Judicial Process in Constitutional Adjudications.

2.1 Nations of judicial review
2.2 ‘Role in constitutional adjudication- various theories of judicial role.
2.3 Tools and techniques in policy- making and creativity in constitutional
adjudication.
2.4 Varieties of judicial and juristic activism.
2.5 Problems of accountability and judicial law –making.

1
 UNIT-III

3 Judicial Process in India

3.1 Indian debate on the role of judges and on the notion of judicial review.
3.2 The “independence” of judiciary and the “ political “ nature of judicial process
3.3 Judicial activism and creativity of the Supreme Court–the tools and techniques
of creativity.
3.4 Judicial process in pursuit of constitutional goals and values- new dimensions
of judicial activism and structural challenges
3.5 Institutional liability of courts and judicial activism – scope and limits.

UNIT-IV

4. The Concepts of Justice

4.1 The concept of justice or Dharma in Indian thought
4.2 Dharma as the foundation of legal ordering in Indian thought.
4.3 The concept and various theories of justice in the western thought.
4.4 Various theoretical bases of justice: the liberal contractual tradition, the liberal
utilitarian tradition and the liberal moral tradition.
UNIT-V

5 Relation between Law and Justice

5.1 Equivalence Theories – Justice as nothing more than the positive law of the
stronger class
5.2 Dependency theories- For its realisation justice depends on law, but justice is
not the same as law.
5.3 The independence of justice theories- means to end relationship of law and
justice the relationship in the context of the Indian constitutional ordering.
5.4 Analysis of selected cases of the Supreme Court the judicial process can be
seen as influenced by theories of justice.
Select Bibliography
Julius Store, The Province and Function of Law, Part II, Chs. 1-8-16(2000), Universal, New
Delhi.
Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi.
Henry J.Abrabam, The Judicial Process (1998), Oxford.
J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworths
W.Friedmann, Legal Theory (1960) , Stevens,London
Bodenheimer, Jurisprudence – the Philosophy and Method of the Law (1997), Universal
Delhi
J.Stone , Legal System and Lawyers’ Reasonings (1999 ) , Universal, Delhi
U.Baxi, The Indian Supreme Court and Politics (19980), Eastern, Lucknow.
Rajeen Dhvan, The Supreme Court of India- A Socio –Legal Critique of its Juristic
Techniques (1977), Tripathi, Bombay.
John Rawls, A Theory of justice (2000), Universal Delhi
Edward H.levi, An Introduction to Legal Reasoning (1970), University of Chicago.

2
 Optional Groups
(2 Papers Marks-200)

GROUP –B
CRIMINAL LAW

Theory Int. Assignment

Paper – 2 PENOLOGY: TREATMENT OF OFFENDERS 70/28 30/12
Paper – 3 PRIVILEGED CLASS DEVIANCE 70/28 30/12

04 GROUP –B CRIMINAL LAW

B 013 PENOLOGY: TREATMENT OF OFFENDERS
Objectives of the course
This course offers a specialist understanding of criminal policies including theories of
punishment, their supposed philosophical and sociological justification and the problematic
of discretion in the sentencing experience of the ‘developing’ societies, a focus normally
absent in law curricula so far.
The expert work of the U N. committee on Crime Prevention and Treatment of Offenders will
be availed of in this course. Especially, at each stage, the three ‘D’s will be explored as
offering a range of alternatives: decriminalization, dependization, deinstitutionalization.
Broadly, the course will concern itself with.
(a) Theories of Punishment
(b) Approaches to Sentencing
(c) Alternatives to Imprisonment
(d) The State of Institutional Incarceration in India: Jails and other custodial
institutions
(e) The problematic of Capital Punishment
(f) Penology in relation to privileged class deviance
(g) Penology in relation to marginalized deviance or criminality
(h) The distinctive Indian (historical and contemporary) approaches ot penology
The following syllabus prepared with this perspective will be spread over a period of one
semester.
Syllabus
UNIT-I

1. Introductory
1.1 Definition of Penology
2. Theories of Punishment
2.1 Retribution
2.2 Utilitarian prevention: Deterrence
2.3 Utilitarian: Intimidation
2.4 Behavioural prevention :Incapacitation
2.5 Behavioural prevention: Rehabilitation –Expiation
2.6 Classical Hindu and Islamic approaches to punishment
UNIT-II

3. The Problematic of Capital Punishment

3.1 Constitutionality of Capital Punishment

3
 3.2 Judicial Attitudes Towards Capital Punishment in India- An inquiry through
the statute law and case law.
3.3 Law Reform Proposals
UNIT-III

4. Approaches to Sentencing
4.1 Alternatives to Imprisonment
4.1.1. Probation
4.1.2. Corrective labour
4.1.3. Fines
4.1.4. Collective fines
4.1.5. Reparation by the offender/by the court

UNIT-IV

5. Sentencing
5.1 Principal types of sentences in the Penal Code and special laws
5.2 Sentencing in white collar crime
5.3 Pre-sentence hearing
5.4 Sentencing for habitual offender
5.5 Summary punishment
5.6 Plea-bargaining
UNIT-V

6. Imprisonment
1.1 The state of India’s jails today
1.2 The disciplinary regime of Indian prisons
1.3 Classification of prisoners
1.4 Rights of prisoner and duties of custodial staff.
1.5 Deviance by custodial staff
1.6 Open prisons
1.7 Judicial surveillance-basis –development reforms
Select bibliography
S.Chhabbra, The Quantum of Punishment in Criminal Law (1970)
H.L.A.Hart, Punishment and Responsibility (1968)
Herbert L. Packer, The Limits of Criminal Sanction (1968)
Alf Ross, On Guilt, Responsibility and Punishment (1975)
A. Siddique, Criminology (1984) Eastern, Lucknow.
Law Commission of India, Forty, Second Report Ch. 3 (1971)
K.S.Shukla, “ Sociology of Deviant Behaviour” in 3 ICSSR Survey, of Sociology and Social
Anthropology 1969 –179 (1986)
Tapas Kumar Banerjee, Background to Indian Criminal Law (1990), R.Campray & Co.,
Calcutta.

4
 Paper – 3
PRIVILEGED CLASS DEVIANCE

B 014 PRIVILEGED CLASS DEVIANCE

Objectives of the course
This course focuses on the “Criminal of the “Privileged classes”. The definition of
“privileged classes” in a society like India should not pose major problems at all; the
expression nearly includes weilders of all forms of state and social (including religious)
power. Accordingly, the course focusses on the relation between privilege power and deviant
behaviour.The traditional approaches which highlight “white-collar offences”, “socio-
economic offences” or “crimes of the powerful” deal mainly with the deviance of the
economically resourceful. The dimension of deviance associated with bureaucracy, the new
rich (nouveau riche) , religious leaders and organizations, professional classes and the higher
bougeoisie are not fully captured here.
In designing teaching materials for this course, current development in deviance, as reflected
in newspapers/journals, law reports, and legislative proceedings should be highlighted.
It should be stressed that the objectives of the course include:
(a) Dispelling of the commonly held belief that deviance crimes is usually
associated with the impoverished or improvident;
(b) Construction of model so understanding the reality of middle and upper:
middle class deviance criminality in India.
(c) Critical analyses of legal system response and
(d) Issues and dilemmas in penal and sentencing policies
The following syllabus prepared with the above objectives will be spread over a period of one
semester.
Syllabus
UNIT-I

1. Introduction
1.1 Conceptions of white collar crimes
1.2 Indian approaches to socio-economic offences
1.3 Notions of privileged class deviance ad providing a wider categorization o
understanding Indian development
1.4 Typical forms of such deviance
1.5 Official deviance (deviance by legislators, judges, bureaucrats)
1.6 Professional deviance; journalists, teachers, doctors, lawyers engineers,
architects
1.7 Trade union deviance (including teachers, lawyers/urban property owners)
1.8 Landlord deviance (class/cast based deviance)
1.9 Police deviance
1.10 eviance on electoral process (rigging, booth, capturing, impersonation,
corrupt, practices)
1.11 ender-based aggression by socially, economically and politically
powerful
NOTE: Depending on specialist interest by the teacher and the taught any three areas of
deviance of privileged class may be explored. What follows is only illustrative of one model
of doing the course.
UNIT-II

2 Official Deviance
2.1 Conception of official deviance-permissible limit of discretionary powers
5
 2.2 The Chambal Valley docoit Vinoba Mission and Jai Prakash Narain Mission –
in 1959 and 1971
2.3 The Chagla Commission Report on LIC –Mundhara Affair
2.4 The DAS Commission Report on Pratap Singh Kairon
2.5 The Gover Commission Report on Dev Raj Urs
2.6 The Maruti Commission Report
2.7 The lbakkar-Natarajan Commission Report on Fairfax.
UNIT-III

3 Police Deviance
3.1 Structures of legal restraint on police powers in India
3.2 Unconstitutionally of “third-degree” methods and use of fatal force by police
3.3 “Encounter” killings
3.4 Police atrocities
3.5 The plea of superior orders
3.6 Rape and related forms of gender-based aggression by police and Para-
military force
3.7 Reforms suggestions especially by the National Police Commissions
UNIT-IV

4 Professional Deviance
4.1 Unethical practices at the Indian bar
4.2 The Lentin Commission Report
4.3 The press Council on unprofessional and unethical journalism
4.4 Medical malpractice
UNIT-V

5 Response of Indian Legal Order to the Deviance of Privileged Classes

5.1 Vigilance Commission
5.2 Public Accounts Committee
5.3 Ombudsman
5.4 Commissions of Enquiry
5.5 Prevention of Corruption Act, 1947
5.6 The Antulay Case

Select bibliography
Upendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House, New
Delhi.
Upendra Baxi (ed.), Law and Poverty: Eassays (1988)
Upendra Baxi , Liberty and Corruption: The Antulay Case and Beyond (1989)
Surendranath Dewevedi and G.S. Bbargava, Political Corruption in India (1967)
A.R. Desai (ed.) Violation of democratic Rights in India (1986)
A.G. Noorani, Minister’s Misconduct (1974)
B.B. Pande, ‘ The Nature and Dimensions of Privileged Class Deviance” in The Other Side
of Development 136 (1987;,K.S. Shukla ed.)
Indira Rothern und, “Patterns of Trade Union Leadership in Dhanbad Coal fields” 23 J.I.L.I
522 (1981)

6
 GROUP –G
CONTITUTION AND EGAL ORDER

Theory Int. Assignment

Paper – 2 PUBLIC UTILITIES LAW 70/28 30/12
Paper – 3 UNION –STATE FINANACIAL RELATIONS 70/28 30/12

G 043 PUBLIC UTILITIES LAW

Objective of the course
Public utilities are government monopolies, which are services rather than commercial
enterprises. The law of public utilities is contained in the statues of incorporation and judicial
decisions given by courts while resolving disputes between the utilities and their consumers
or employees or traders or others entering into business relations with them. In this paper a
student will study (a) government policy in regard to such utilities in general and to each
utility in particular, (b) the growth and evolution of the public utilities; (c) patters of the laws
of incorporation and (d) powers, functions and liabilities of the public utilities vis-à-vis their
employees, consumers and others.
The following syllabus prepared with this perspective will be spread over a period of one
semester.
Syllabus
UNIT-I

1. Public Utilities
1.1 Railways, Electricity, Gas Road Transport, telephone, post and telegraph service,
police, Fire Brigade, banking service, etc.
1.2 Growth and evolution of public utilities and their legislation

Public Utilities- Why Government Monopoly?

1.3 Government and Parliamentary Control
1.4 Constitution division of power to legislate
UNIT-II

2. Utilities Legislation – Patterns of –

2.1 Administrative Authorities – Structure of the Administrative Authorities
2.2 Subordinate legislation

Public Utilities and Fair Rearing

2.3. Quasi-Judicial Decision- Administrative Discretion
Pubic Utilities and Consumer Protection
2.5 Exclusion from M.R.T.P. Act
2.6 Rights of consumes protected by the Consumer Protection Act.
2.6 Rights Arising from law of Control and law of Torts.

UNIT-III

3. Public Utilities And their Employees.

3.1 Application of Articles 16 and 311?
3.2. Application of Industrial law –right to strike

7
 UNIT-IV

4.Public Utilities and Fundamental Rights

4.1 The right to equality: the airhostess case.
4.2. Are Public utilities “State” for the purpose of article 12 of the Constitution?
4.3. Extension of the Concept of State
UNIT-V

5. Liabilities and special privileges of public utilities

5.1.In contract
5.2. In trot
5.3. In criminal law

Select bibliography
P.M. Bakshi, Television and the Law, (1986)
Vasant Kelkar, “ Busness of Postal Service “33 I.J. PA. PP.133-144 (1987)
G.Ramesh, “Characteristic of Large Service Organisation in a Developing Country Like India
“32 I.J.PA. 77 (1986)
Nalini Paranjp, “ Planning for Welfare in the Indian Railways” 31 I.J.PA (171-180 (1985)
Arvind K. Sharma “ Semi –Autonomous Enterprise: Conceptual Portrait – Further Evidence
on the Theory of Autonomy” 33I.J.PA. P. 99-113.
S.P. Sathe, Administrative of Administrative Law (1986)
Jagdish UI, Handbook of electricity Law, (1981)
Bhaumik, The Indian Railway s Act, (1981)
Law Commission of India, 38th Report: Indian Post Office Act, (1968)
Students should consult relevant volumes of Annual Survey of Indian law published by the
Indian Law Institute (Constitutional Law 1& 11, Administrative Law, Consumers Protection
Law and Labour law)

8
 G 044 UNION –STATE FINANACIAL
RELATIONS
OBJECTIVES OF THE COURSE

The Indian Constitution adopts federal government for various reasons. Power is divided
between the Union and the States in such a way that matters of national importance are
entrusted to the Center and matters of local importance are left to the States. The Constitution
departs from the model of classical federalism in many ways. This departure was made to suit
the peculiar Indian circumstances. However, the constitutional provisions were in practice
further distorted so as to make the states totally subservient to the Center. Distribution of
fiscal power is the nerve center of the federal system. In this paper a student will be made
conscious of various aspects of federal principle, and their working in the Indian context with
a view to ultimately assessing the Indian experience critically. He must clearly understand
various emerging forces such as regionalism, sub0national loyalties and nationalism. He
should be able to see the working of the constitutional process as a vital element of the
political economy.
The following syllabus prepared with this perspective will be spread over a period of one
semester.
Syllabus
UNIT-I

1. Federalism - Essentials
1.1. Models of Federal Government –U.S.A., Australia, Canada
1.2. Difference, Between Federation and confederation
1.3. Evolution of federal government in India
Distribution of Legislative Power/Administrative Power
1.4Indian Constitution
1.5Center- State relations
1.6 Factors responsible for subordination of States
1.7 Administrative Relation
UNIT-II

2. Distribution of Fiscal Power

2.1 Scheme of Allocation of taxing power
2.2 Extent of Union power of taxation
2.3 Residuary power- inclusion of fiscal power
Restrictions of Fiscal Power
2.4 Fundamental Rights
2.5 Inter-Government tax immunities
2.6 Difference between tax and fee
UNIT-III

3. Distribution of Tax Revenues

3.1 Tax- Sharing under the Constitution
3.2 Finance Commission – Specific purpose grants (Article 282)
Borrowing Power of the State
3.3 Borrowing by the Government of India
3.4 Borrowing by the States
UNIT-IV

9
4 Inter- State Trade and Commerce
4.1 Freedom of Inter – State trade and commerce
4.2 Restrictions on legislative power of the Union and States with regard to trade and
commerce
Planning and Financial Relations
4.3 Planning Commission
4.4 National Development Council
4.5 Plan grants
UNIT-V

5 Co-operative Federalism
5.1 Full faith and credit
5.2 Inter-State Council
5.3 Zonal Councils
5.4 Inter-State dispute
Federal Government in India
5.5 Model of Jammu and Kashmir
5.6 Sarkaria Commission Report
5.7 What Reforms is Necessary?
Select bibliography
H.M.Seervai, Constitution of Law of India (1991),Tripathi, Bomabay
Sudha Bhatnagar, Union –State Financial Relation and Finance Commissions, (1979)
Ashok Chandra, Federalism in India, (1965)
V.D. Sebastain, Indian Federalism: The Legislative Conflicts Chs. 6-7 and 8 (1980)
Chandrapal, Central- State Relations and Cooperative Federalsim, Chs. 5 and 8 (1983)
G.C.V. Subba Rao, Legislative Power in Indian Constitution Law, Chs 37,38,39 (1982)
Richard M.Pious, The American Presidency, 293-331,Cha.9 (1979)
Daniel J.Elazar, American Federalism, Chs. 3 and 4 (1984)
K.P. Krishna Shetty, The Law of Union- State Relations and the Indian Federalism Ch.9
(1981)
Report of the Eighth Finance Commission.
Administrative Reforms Commission on Centre- State Relationship Ch.3 (1969 )
Constituent Reforms Commission, Report of the Study Team on Central –State Relationship (
1967) Vol. 1 Section land 11, pp, IS-168
L.M.Singhvi (ed.), Union-State Relations in India 124-154 (1969)
Government of Tamilnadu, Report of the Centre –State Relations inquiry Committee Ch.5
(1971)
D.T.Lakadwala, Union-State Financial Relations (1967)
M.P. Jain, Indian Constitution Law (1994), Wadhwa
K.Subba Rao, The Indian Federation (1969)
K.C.Wheare, Federal Government (1963)
Students should consult relevant volumes of theAnnual Survey of Indian Law published by
the Indian Law Institue (Constitutional Law II)

10
 GROUP –J
HUMAN RIGHTS LAW
Theory Int. Assignment
Paper – 2 Human Rights and International Order 70/28 30/12
Paper – 3 Protection and Enforcement of Human Rights In India 70/28 30/12

J 062 Human Rights and International Order

Objectives of the course
Human Rights have universal application. They gathered importance when the United
Nations adopted the 4 Universal Declaration of Human Rights in 1948. The role of
international organizations in promoting awareness of human rights is very significant. The
international conventions, though not binding, have persuasive force since the violations will
be decried by the international community. International Non-Governmental Organisations
watch and monitor human rights violations in every country. However, in the absence of
national legislation, the enforcement of the rights will be difficult.
With the above perspectives in view this course will comprise of 42 units of one hour
duration to be spread out during one semester.
Syllabus
1. Development of the Concept of Human Rights Under International Law
1.1. Role of International Organization and Human Rights.
1.2. Universal Declaration of Human Rights (1948)
1.3. Covenant on Political and Civil Rights (1966)
1.4. Covenant on Economic, Social and Cultural Rights (1966)
1.5. I L O and other Conventions and Protocols dealing with human rights.
2. Role of Regional Organizations
2.1. European Convention on Human Rights
2.2. European Commission on Human Rights/Court of Human Rights.
2.3. American Convention on Human Rights
2.4. African Convention on Human Rights
2.5. Other regional Conventions.
3. Protection agencies and mechanisms
3.1. International Commission of Human Rights
3.2. Amnesty International
3.3. Non-Government Organizations (NGOs )
11
 3.4. U.N. Division of Human Rights.
3.5. International Labour Organization
3.6. UNESCO
3.7. UNICEF
3.8. Voluntary organizations
3.9. National and State Human Rights Commissions
4. International enforcement of Human Rights
4.1. Role of ICJ and regional institutions.
Select bibliography
Benedetoo Conforti and Francesco Francioni , Enforcing International Human Rights in
Domestic Courts, (1997)
Francisco Forrest Martin, International Human Rights Law and Practice, (1997)
Luck Clements, European Human Rights Taking a Case under the Convention (1994)
Evelyn A. Ankumah, The African Commission on Human Rights and People’s Rights
(1996)
R.K. Sinha, Human Rights of the World, (1997)
Philp Alston, The United Nations and Human Rights A Critical Appraisal (1992)
R.S. Sharma and R.K. Sinha, Perspectives in Human Rights Development, (1997)
The Human Rights Watch Global Report on Women’s Human Rights (2000), Oxford.
B.P. Singh Seghal, Human Rights in India (1996)
Chandan Bala, International Court of Justice: Its Functioning and Settlement of International
Disputes, (1997)

12
 J 063 Protection and Enforcement of
Human Rights In India
Objectives of the course
A reading of fundamental rights and duties in the Constitution of India reveals that they
constitute the human rights charter in India. The judiciary, the major protective and
enforcement machinery, is very active in protecting human rights. Judicial activism in this
field has added new dimensions to human rights jurisprudence. There are a number of cases
where courts apply the provisions of the international convention to fill the gaps in
legislation. The apex court has also ventured to apply international conventions even where
there was no legislation in the area. Thus the judiciary has been directly implementing
international conventions at the national level. This course aims at familiarizing students with
the judicial activism in protecting human rights and enables them to evaluate the adequacy of
the methods of enforcement.
Syllabus
1. History and Development of Human Rights in Indian Constitution.
1.1. Constitutional Philosphy – Preamble
1.2. Fundamental Rights
1.3. Directive Principles of State Policy
1.4. Fundamental Duties.
2. Judicial Activism and Development of Human Rights Jurisprudence
3. Enforcement of Human Rights.
1.1. Formal enforcement mechanisms
1.2. Role of Supreme Court
1.3. Role of High Courts
1.4. Role of Civil and Criminal Courts
1.5. Statutory Tribunals
1.6. Special Courts
4. Role of India in implementing international norms and standards
Select bibliography
D.D. Basu, Human Right in Indian Constitutional Law (1994)
Vijay Chitnis, (et.al.). Human Rights and the Law : National and Global Perspective,
(1997).
B.P. Singh Seghal Law, Judiciary and Justice in India (1993)
James Vadakkumchery, Human Right and the Politics in India (1996)

13
 GROUP –K
ADMINISTRATIVE LAW
Theory Int. Assignment
Paper – 2 ADMINISTRATIVE PROCESS AND JUDICAIL CONTROL 70/28 30/12
Paper – 3 PUBLIC AUTHORIETS: LIABILITY 70/28 30/12

K 068 ADMINISTRATIVE PROCESS AND

JUDICAIL CONTROL
Objectives of the course
Administrative law is mainly a judge-made law and as secured its present features through a
myriad of judicial decisions. The historical evolution of the judicial agencies reviewing
administrative procedures, jurisdictional aspects of administrative decision making subjected
to review, the grounds on which decisions are challenged, the scope of review of delegated
legislation and the limitations on the judicial review of administrative action are to be studied
in detail in this course. The procedural fairness is the key to good administrative justice. The
ever increasing number of characteristics of law, which though framed by administration ,
impose burden on the rights of citizens. Keeping this specie of administration beyond judicial
review is neither in the interests of the general public nor for laying down standards of
administrative behavior.
This course, with the above mentioned perspective in view, comprises of about 42 units to be
spread out to a period of one semester.
Syllabus
UNIT-I
1. Concepts and Agencies
1.1 Common law countries
1.2 French system
Judicial Review in India
1.3 Historical development
1.4 Powers of the Supreme Court
1.5 Powers of the High Court
1.6 Role of subordinate judiciary
UNIT-II

2. Grounds of Review
2.1 Doctrine of ultra vires
2.2 Unreviewable discretionary powers: from Liversidege to Padifield
2.3 Discretion and Justifiability
2.4 Violation of fundamental rights
2.5 Extraneous consideration and/or irrelevant grounds
2.6 Delegation
2.7 Acting under dictation
2.8 Malafides and bias
2.9 Lack of rationality and proportionality
2.10 Oppressing decision
2.11 Absence of proportionality
UNIT-III

3. Procedural fairness
3.1. Legitimate Expectation
14
 3.2. Natural justice and duty to act fairly
3.3. Bias and personal interest
3.4. Fair hearing
UNIT-IV
4. Jurisdiction
4.1 Finality clauses
4.2 Conclusive evidence clauses
4.3 Law fact distinction
4.4 Exclusionary clause
Remedies
4.5 Writs
4.6 Injunction and declaration
UNIT-IV
5 Limits of judicial review
5.1 Locus standi and public interest litigation
5.2 Laches
5.3 Res judicata
5.4 Alternative remedies
Judicial Review Delegated Legislation
Select bibliography
S.P.sathe, Administrative Law (1998), Butterworths, India.
De Smith, Judicial Review of Administrative Action (1995), Sweet and Maxwell
I.P. Massey, Administrative Law (1995), Eastern, Lucknow.
Bagawati Prosad Banerjee, Write Remedies, (1999), Wadhwa , Nagpur.
M.P. Jain, The Evolving Indian Administrative Law (1983), Tripathi, Bombay
Jain & Jain, Principles of Administrative Law (1986), Tripathi
M.P.Jain, Cases and Materials on Administrative Law (1996), Vol.I Wadha, Nagpur.

15
 K 069 PUBLIC AUTHORIETS: LIABILITY
Objectives of the course
Judicial decisions in the common law world have formulated several duties and liabilities on
the administrative hierarchy towards the citizens. Is the state in exercise of sovereign
functions liable to compensate the affected persons? To what extent is the state in exercise of
sovereign functions immune from liability? The state enters into contracts in more ways than
one. Should there be standards of conduct laid down on the state when it does so? How can
accountability be determined in all these areas? Open government is one of the significant
attributes of good government in democracy. In what way these norms can be meticulously
followed by the state in meting out administrative justice. There are problems a country like
India does confront in her march towards goods governance.
This course with the above mentioned perspective in view comprises about 42 units of one-
hour duration to be spread out to one semester.
Syllabus
UNIT-I
1. Tortious Liability
1.1. Sovereign immunity
1.2. Commercial and non-commercial function
UNIT-II
2. Contractual liability
2.1. Processual justice: Privilege – right dichotomy
2.2. Blacklisting of contractors
2.3. Terms in government contract as instruments of social justice
UNIT-III
3. Emerging Liability
3.1 Personal accountability
3.2 Compensatory jurisprudence and right to life
3.3 Accountability under consumer law
UNIT-IV
4. Privilege Against Disclosure
4.1. Right to information
4.2. Official secrecy
4.3. Executive privilege
4.4. Security of state and control on information
4.5. Judicial review
UNIT-V
5. Promissory Estoppel
5.1 Legitimate expectation
5.2 Constitutional dimensions
Select bibliography
Jain & Jain, Principle of Administrative Law, (1986), Tripathi
De Smith, Judicial Review of Administrative Action (1995)
B. Schwartz, An Introduction to American Administrative Law.

16