Public Law Bulletin – Volume XIX
Contemporary Trends in Administrative Law
We are happy to present to you, the latest edition of the Public Law Bulletin. The theme of this volume is ‘Contemporary Developments in Administrative Law’. In this volume, we have commented upon administrative action by the state, more particularly during the pandemic, and analyzed it on the contours of the settled principles of administrative law.
With the spirit to enquire, understand, analyze and discuss federalism in today’s India we present this edition of the Public Law Bulletin on the theme Contemporary Trends in Administrative Law.
We bid a long-overdue farewell to the Batch of 2021 students who gave their final contribution to this edition!
INTRODUCTION
I am very happy to present this volume of bulletin focussing on various aspects of administrative law and public law; particularly the article on tortious liability based on analysis of Kasturilal’s case and a piece on covid and courts vis-a-vis education demonstrates how students are able to engage with both classical and most contemporary aspects of the law. To my mind just as Kasturilal’s discourse has become outmoded requiring reconsideration, similarly invocation of the pandemic as a proxy to defer even the most legitimate principles of rule of law are worrying signs for the sustenance of legal order in India. Similarly, Lokpal appears to have languished in a state of paralysis. Similarly, NRC is also not free from controversy as citizenship is to be supposedly viewed with the introduction of the national register of citizenship from the perspective of statistics. It is necessary to have a greater debate on the issue of whether NRC be restricted to the State of Assam or extended to throughout India. Similarly, analysis of various bodies of UN and their relations inter se has evolved a very interesting jurisprudence and fieldwork looking at more closely on international administrative law. So far as the doctrine of excessive delegation is concerned, as the Indian legal order has sandwiched itself between the two meta principles of constitutional supremacy and the doctrine of ultra vires, the way forward is far from easy. All in all, the articles in the volume look very interesting and display a lot of hard work and research abilities of students. I congratulate all the contributors and hope to have more such articles in coming issues.
Dr. Sanjay Jain,
Additional Charge, Acting Principal
Click on the title of the articles to read more:
VITAL CONSTITUTIONAL QUESTION
Excessive Delegation: A silent crisis?
Soham Bhalerao, Batch of 2021
With the monumental challenge of dealing with the virus fresh in the minds of every person, a secondary aspect of the same was bearing the occasional brunt of faulty governmental policies, administrative excesses, and judicial ignorance.
INTERSECTION OF PUBLIC LAW WITH INTERNATIONAL LAW
Subsidiary Organs of the UN and International Administrative Law: Hypothesis of the Possibilities in the Discipline
Bhargav Bhamidipati ( V B.A. LLB )
There has been extensive debate on the definition, scope, and application of the term ‘international administrative law’. But for the purpose of this article, we prefer the conception of international administrative law as something analogous to international institutional law or global administrative law …
Covid-19, Courts and Indian Education System
Dewangi Sharma ( IV B.A. LLB ) and Nihar Chitre (Batch of 2021)
There are various diversified issues at large but here we restrict ourselves to two core issues: regulation of school fees by various state governments and cancellation of various exams in the backdrop of the Covid-19 pandemic.
LEGAL THEORY
Public Participation In Pandemonium
Rashmi Raghavan ( Batch of 2021 )
A rudimentary understanding of the State as comprising solely of its Legislature, Executive and Judicial arms does disservice to the significant tasks undertaken by the administration. The insufficiency of time, as well as technical expertise on subject matters ranging from tax compliances to understanding ecological management or heritage conservation, means that the legislature has delegated important policy functions to be performed by its administrative authorities.
OBJECTION YOUR HONOUR!
Kasturilal Ralia Ram v. State of UP : The changing dynamics of ‘state liability’ and ‘sovereign immunity’
Stuti Dhawan (III B.A.LL.B)
Society is dynamic and therefore the societal structure, social institutions (formal & informal), and societal processes change with passing time. Changes are accompanied by challenges and being a developing nation there is always a need to review the laws at present and modify and create proper and effective laws further
with futuristic objectives.
The Lokpal
Aarzoo Guglani (IV B.A.L.L.B.)
“Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today”, this quote by Mahatma Gandhi quite aptly describes the distasteful result of decades of our revolts against corruption, The Lokpal.
NRC Tribunal at the cost of human life
Vishakha Patil and Samraggi Debroy ( IV B.A.L.L.B. )
The final updated list of the National Register of Citizens (NRC) for Assam was published on 31st August 2019, and a whopping nineteen lakh residents of Assam were left out of the list. Most of them did not receive rejection notices that explain the grounds of exclusion.
Public Law in the news
Mesmerizing Quotes
Student Editors
Ashok Pandey and Bhargav Bhamidipati (V B.A.L.L.B.)
Student Contributors
Aarzoo Guglani (IV B.A.L.L.B.)
Dewangi Sharma (IV B.A.L.L.B.)
Nihar Chitre (Batch of 2021)
Rashmi Raghavan (Batch of 2021)
Samraggi Debroy (IV B.A.L.L.B.)
Vishakha Patil (IV B.A.L.L.B.)
ILS Centre for Public Law 