- Author(s): M.P. Jain, S.N. Jain, K. Kannan
- Publisher: LexisNexis
- Edition: 9 Ed Rp 2024
- ISBN 13 9789350359068
- Approx. Pages 2888 + Contents
- Format Hardbound
- Approx. Product Size 24 x 16 cms
- Delivery Time Normally 7-9 working days
- Shipping Charge Extra (see Shopping Cart)
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Description
An exhaustive commentary on Administrative Law and Constitutional Principles, with Indian & Foreign case-law references
The width of executive actions in the fields of delegated legislation, administrative adjudication in a quasi-judicial setting and administrative orders, directions and circulars literally proliferate into every State activity that seem to confront the rigid formulation of division of powers. The judiciary draws and re-draws lines and they make for the bulk of administrative law. The year 2017, from which the collation begins for this edition, saw the Supreme Court's pronouncement in KS Puttaswamy (Privacy-9)' on the constitutional challenge to the Aadhaar card scheme of the Union Government that set about gathering demographic biometric data of all its population. The key issues were whether there was any fundamental right to privacy under the Constitution and if so, where was it located and what were its contours: whether the earlier pronouncements of the Court on privacy were correctly decided. The Constitution Bench has held, while recognising it as a fundamental right: An invasion of life or personal liberty must meet the threefold requirement of (i) legality. which postulates the existence of law; (ii) need, defined in terms of a legitimate State aim; and (iii) proportionality which ensures a rational nexus between the objects and the means adopted to achieve them.
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Contents
Volume 1
Chapter I - Introductory
Chapter II - Some constitutional principles and their impact on administrative law
Chapter III - Classification of functions
Chapter IV - Delegated legislation
Chapter V - Judicial control over delegated legislation
Chapter VI - Legislative and other controls over delegated legislation
Chapter VII - Sub-delegation of legislative power
Chapter VIII - Directions
Chapter VIII-A - Interpretation of delegated/subordinate legislation
Chapter XI - Right to hearing: when can it be claimed
Chapter X - Principles of natural justice or fairness
Chapter XI – Rule against Bias
Chapter XII - Failure of natural justice
Chapter XIII - Administrative adjudication (I)
Chapter XIV - Administrative adjudication (II)
Chapter XV - Administrative bodies and powers
Chapter XVI - Some typical administrative powers and procedures
Chapter XVII - Discretionary powers (I)
Chapter XVIII - Discretionary powers (II)
Chapter XVIII - Discretionary powers (III)
Chapter XX - Administrative duties
Chapter XXI - Conduct of government business
Chapter XXII - Sub-delegation of non-legislative powers
Volume 2
Chapter XXIII - Promissory estoppel
Chapter XXIV - Legitimate expectation
Chapter XXV - Proportionality
Chapter XXVI - Government contracts (I)
Chapter XXVII - Government contracts (II)
Chapter XXVIII - Restitution
Chapter XXIX - Tortious liability & compensation
Chapter XXX - Misfeasance in public office
Chapter XXXI - Judicial control of administrative action
Chapter XXXII - Appeal to Supreme Court by special leave
Chapter XXXIII - Supreme Court’s writ jurisdiction
Chapter XXXIV - Writ jurisdiction of the high courts (I) General Principles
Chapter XXXV - Writ jurisdiction of the High courts (II)
Chapter XXXVI - Specific writs
Chapter XXXVII - High court's superintendence over tribunals
Chapter XXXVIII - Waiver
Chapter XXXIX - Public interest litigation
Chapter XL - Statutory Judicial Remedies
Chapter XLI - Public interest immunity
Chapter XLIII – Ombudsman / lokpal / lokayukta and central vigilance commission
Chapter XLIV - Corruption
Chapter XLV - Open Government
Chapter XLVI - Central vigilance commission
Chapter XLVII - Right to Information
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Author Details
M.P. Jain, LL.M. (Del.) J.S.D. (Yale)
Formerly Professor of Law, University of Malaya
Formerly Professor of Law, Delhi University and Banaras Hindu University
S.N. Jain, LL.M., S.J.D. (Northwestern) Formerly Director, Indian Law Institute, New Delhi
K. Kannan