Examine how each part of the syllabus fits within the broader theoretical context applicable to public law
Examining How Each Part of the Public Law Syllabus Fits Within the Broader Theoretical Context
1. Constitutional Law: The Foundation of Public Law
Theoretical Context:
Constitutional law sets the fundamental rules governing the relationship between the state and individuals.
It establishes the structure of government, distribution of powers, fundamental rights, and the rule of law.
The Constitution is the supreme legal framework, ensuring government accountability and protecting individual liberties.
Syllabus Components:
Doctrine of Separation of Powers — ensures no branch exceeds its authority.
Fundamental Rights and Directive Principles — balancing individual freedoms and state duties.
Federalism and Distribution of Powers — allocation of authority between central and state governments.
Judicial Review — courts safeguard constitutionality.
Relevant Cases:
Kesavananda Bharati v. State of Kerala (1973) — Basic Structure doctrine limits parliamentary power.
Minerva Mills v. Union of India (1980) — Emphasizes harmony between Fundamental Rights and Directive Principles.
S.R. Bommai v. Union of India (1994) — Federalism and limits on central power.
Indira Nehru Gandhi v. Raj Narain (1975) — Judicial review of electoral laws.
2. Administrative Law: Regulating the Executive
Theoretical Context:
Administrative law governs the actions of the executive branch and administrative agencies.
It ensures accountability, transparency, and fairness in public administration.
Principles of natural justice, reasonableness, and procedural fairness apply.
It serves as a check on arbitrary or unlawful administrative action.
Syllabus Components:
Doctrine of Reasonableness and Proportionality — limits on discretion.
Judicial Review of Administrative Actions — ultra vires doctrine.
Delegated Legislation — limits and controls on sub-legislative powers.
Administrative Tribunals and their Supervisory Jurisdiction — mechanisms for efficient dispute resolution.
Relevant Cases:
Maneka Gandhi v. Union of India (1978) — Reasonableness in administrative action.
A.K. Kraipak v. Union of India (1969) — Bias and natural justice.
I.R. Coelho v. State of Tamil Nadu (2007) — Judicial review and constitutional validity of administrative laws.
Olga Tellis v. Bombay Municipal Corporation (1985) — Reasonableness in eviction.
3. Legislative Powers and Delegated Legislation
Theoretical Context:
Legislatures delegate certain law-making powers to administrative bodies for practical governance.
However, the principle of legality requires such delegation to be limited, clear, and not arbitrary.
Courts enforce the principle of non-delegation of legislative power without clear guidelines.
Syllabus Components:
Concept and Need for Delegated Legislation
Constitutionality and Judicial Control
Procedural and Substantive Limits
Relevant Cases:
A.K. Roy v. Union of India (1982) — Limits on delegated legislation.
K.C. Gajapati Narayan Deo v. Orissa (1953) — Valid delegation requires guiding principles.
Bhikaji Narain Dhakras v. State of M.P. (1955) — Excessive delegation unconstitutional.
Delhi Laws Act Case (1951) — Delegated legislation inconsistent with the Constitution is void.
4. Judicial Review and the Rule of Law
Theoretical Context:
Judicial review is a manifestation of the rule of law — no one is above the law.
Courts act as guardians of the Constitution by reviewing legislative and executive actions.
Ensures protection of fundamental rights and prevents misuse of power.
Syllabus Components:
Grounds of Judicial Review: Illegality, Irrationality, Procedural Impropriety
Writ Jurisdiction under Articles 32 and 226
Public Interest Litigation (PIL)
Relevant Cases:
Marbury v. Madison (1803) (US case but foundational globally) — Judicial review established.
S.P. Gupta v. Union of India (1981) — PIL and judicial activism.
State of Rajasthan v. Union of India (1977) — Scope of writ jurisdiction.
Maneka Gandhi v. Union of India (1978) — Expanded scope of due process.
5. Fundamental Rights and their Enforcement
Theoretical Context:
Fundamental rights ensure basic human freedoms against state encroachment.
The Constitution provides remedies for their enforcement, such as writs.
Rights are not absolute and subject to reasonable restrictions.
Syllabus Components:
Right to Equality (Articles 14-18)
Right to Freedom (Articles 19-22)
Right against Exploitation, Freedom of Religion, Cultural Rights
Enforcement through Supreme Court and High Courts
Relevant Cases:
Kharak Singh v. State of UP (1963) — Right to privacy.
Kesavananda Bharati (1973) — Basic structure and fundamental rights.
R.C. Cooper v. Union of India (1970) — Right to property and legislative limits.
Olga Tellis (1985) — Right to livelihood under Article 21.
6. Principles of Natural Justice and Fair Administrative Procedure
Theoretical Context:
Based on the rule of law and fair play, natural justice requires:
Audi alteram partem (hear the other side)
Nemo judex in causa sua (no one shall be a judge in his own cause)
These principles apply when administrative actions affect rights.
Syllabus Components:
Scope and Exceptions
Fair Hearing and Bias
Reasoned Decisions
Relevant Cases:
K.K. Verma v. Union of India (1962) — Application of natural justice.
A.K. Kraipak v. Union of India (1969) — Bias and fair hearing.
Maneka Gandhi (1978) — Reasoned decisions required.
Bimalesh Chatterjee v. Union of India (1967) — Exceptions to natural justice.
Integrating the Syllabus with Broader Theories
| Syllabus Part | Theoretical Context | Key Case(s) |
|---|---|---|
| Constitutional Law | Supremacy, Separation of Powers, Fundamental Rights | Kesavananda Bharati, Minerva Mills, S.R. Bommai |
| Administrative Law | Rule of Law, Accountability, Natural Justice | Maneka Gandhi, A.K. Kraipak, Olga Tellis |
| Delegated Legislation | Limits on legislative delegation, Rule of Law | A.K. Roy, Bhikaji Dhakras, K.C. Gajapati Narayan |
| Judicial Review | Rule of Law, Constitutional Safeguard | S.P. Gupta, State of Rajasthan, Maneka Gandhi |
| Fundamental Rights | Protection of liberties, Reasonable restrictions | Kharak Singh, R.C. Cooper, Olga Tellis |
| Natural Justice | Fairness, Procedural fairness | A.K. Kraipak, Maneka Gandhi, K.K. Verma |
Conclusion
Each part of the public law syllabus is deeply embedded in the broader theoretical frameworks of:
Constitutional supremacy and fundamental rights,
Rule of law and accountability,
Separation of powers,
Reasonableness and fairness in governance,
Judicial oversight and protection of liberties.
The case laws mentioned form the judicial backbone supporting these theoretical constructs, shaping how public law operates in practice.
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