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    This document outlines the syllabus for a course on judicial review in India. It discusses the concept and development of judicial review, where courts can examine and invalidate executive or legislative acts that are contrary to constitutional principles. The course aims to provide students with an understanding of the concept, structure, procedure and operation of judicial review in different jurisdictions. It covers topics such as the scope of judicial review, the mechanism of writs used for judicial review, the grounds and limits of judicial review, and expanding areas like public interest litigation and human rights jurisprudence. The course is divided into six modules addressing these various aspects of judicial review.

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    This document outlines the syllabus for a course on judicial review in India. It discusses the concept and development of judicial review, where courts can examine and invalidate executive or legislative acts that are contrary to constitutional principles. The course aims to provide students with an understanding of the concept, structure, procedure and operation of judicial review in different jurisdictions. It covers topics such as the scope of judicial review, the mechanism of writs used for judicial review, the grounds and limits of judicial review, and expanding areas like public interest litigation and human rights jurisprudence. The course is divided into six modules addressing these various aspects of judicial review.

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    This document outlines the syllabus for a course on judicial review in India. It discusses the concept and development of judicial review, where courts can examine and invalidate executive or legislative acts that are contrary to constitutional principles. The course aims to provide students with an understanding of the concept, structure, procedure and operation of judicial review in different jurisdictions. It covers topics such as the scope of judicial review, the mechanism of writs used for judicial review, the grounds and limits of judicial review, and expanding areas like public interest litigation and human rights jurisprudence. The course is divided into six modules addressing these various aspects of judicial review.

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    78 views3 pages

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    Uploaded by

    vijaya choudhary
    This document outlines the syllabus for a course on judicial review in India. It discusses the concept and development of judicial review, where courts can examine and invalidate executive or legislative acts that are contrary to constitutional principles. The course aims to provide students with an understanding of the concept, structure, procedure and operation of judicial review in different jurisdictions. It covers topics such as the scope of judicial review, the mechanism of writs used for judicial review, the grounds and limits of judicial review, and expanding areas like public interest litigation and human rights jurisprudence. The course is divided into six modules addressing these various aspects of judicial review.

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    of 3

    B.A. LL.B. (Hons.

    ) Syllabus
    JUDICIAL REVIEW (CG HONORS)

    Objective of the Course

    Judicial review is the power of the courts of law to review the actions of the executive or the
    legislative branches and annul those actions where it finds them incompatible with a higher
    norm. It is the authority of courts to examine an executive or legislative act and invalidate that
    act if it is contrary to constitutional principles. This concept has a long history and in due course
    of time has become an essential feature of written Constitutions of many countries. It aims to
    balance the entire system of governance, protect the basic rights of the people and establish a
    rule of law in the society. Judicial review is firmly established in India and is a basic feature of
    the Indian Constitution. Its growth is the inevitable response of the judiciary to ensure proper
    exercise of powers by the State and prevent any violation of basic rights of the people.

    Judicial review is however not a simple but highly complex and complicated system. It is
    interpreted differently in different jurisdictions, which also recognize different hierarchy of legal
    norms. As a result, the procedure and scope of judicial review differs from country to country
    due to different ideologies and experience. Therefore students of law must have sufficient
    understanding in the subject. It is for this reason that course contents have been developed so that
    the students may be able to appreciate the concept, structure, procedure and operation of the
    institution of judicial review.

    Module I: Introduction
    a. Meaning
    b. Nature and Development of Judicial Review
    c. Judicial Review in Contemporary World
    d. Judicial Review in the Indian Constitution

    Module II: Scope of Judicial Review


    a. Judicial Review of the Constituent Power – Amendments - Basic Structure Doctrine
    b. Judicial Review of Constituted Power – Separation of Powers – Legislature, Executive
    and Judiciary- Judicial Review of Legislative Action, Judicial Review of Administrative
    Action-(Delegated legislation, Quasi-Judicial Action, Administrative Action,
    Administrative Discretion, Administrative Directions and Instructions) Judicial Review
    over Judicial Decisions.
    c. Powers and Functions of President and Judicial Review, Parliamentary Privileges and
    Judicial Review, Conflict between Legislature, Executive and Judiciary.

    Module III: Mechanism of Judicial Review


    a. Concept of Writs
    b. Habeas Corpus
    c. Mandamus
    d. Certiorari
    e. Prohibition
    f. Quo Warranto

    Module IV: Grounds of Judicial Review


    a. Illegality
    b. Irrationality
    c. Procedural Impropriety
    d. Proportionality

    Module V: Limits of Judicial Review


    a. Constitutional Limits
    b. Implied Limits
    c. Exclusion of Judicial Review
    d. Concept of Judicial Self- Restraint

    Module VI: Expanding Horizons of Judicial Review


    a. Judicial Activism
    b. Public Interest Litigation
    c. Development of Human Rights Jurisprudence
    d. Impact of Judicial Review
    Suggested References:
    1. Harry Woolf, Stanley A. De Smith, et.al, De Smith’s Judicial Review, Sweet & Maxwell,
    2007.
    2. Helen Fenwick, Judicial Review, Lexis Nexis, 2010
    3. Clive Lewis, Judicial Remedies in Public Law, Sweet and Maxwell, 2009
    4. Bhagawati Prasad Banerjee & Bhasker Prasad Banerjee, Judicial Control of
    Administrative Action, Wadhwa & Co., Nagpur, 2001
    5. D D Basu, Administrative Law, Kamal Law House, 6th Edition, 2005
    6. Mamata Rao, Public Interest Litigation, EBC, 3rd Edition, 2010
    7. S.P. Sathe, Judicial Activism, Oxford University Press, 2002
    8. M P Jain & S N Jain, Principles of Administrative Law, Wadhwa Publications, 2008

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