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Syllabus

ADMINISTRATIVE LAW
Semester VI

Administrative Law is the law relating to administration. It includes

the structure, powers and functions of the organs of administration,

the limits of their powers, the methods and procedures followed by

them in exercising their powers and functions, the methods by which

their powers are controlled including the legal remedies available to a

person against them when his rights are infringed by their operation.

However it is extremely difficult to define administrative law and it

includes all the facets because it changes according to the social,

economic and political changes. It is only in the twentieth century

that administrative law developed as a separate branch of legal

discipline. This is due to the changing role of the state from laissez faire

to a welfare state. The expansion in the functions of the state and

enormous powers of the administration has given tremendous

capacity to the administration to affect the rights and liberties of the

individual. Therefore it has become important to control the

administration in order to ensure that the governmental functions are

exercised according to law and protection is provided to the individual


against abuse of such power. Thus there arises the need for adjusting

the relationship between the government and the governed so that a

proper balance may be evolved between the private interest and

public interest and rule of law is maintained. This course is designed

to give some insight into the body of administrative law in India.

Module I -INTRODUCTION
a. Definition, Nature, Scope and Significance of Administrative Law
b. Relationship between Constitutional Law and Administrative Law
c. Evolution and Development of Administrative Law India, UK,
USA and
France
d. Administrative Action- Meaning, Classification and Need to control
e. Basic Doctrines- Rule of Law and its application in India, Doctrine
of Separation of Powers and its relevance in Contemporary Times

Module II -DELEGATED LEGISLATION


a. Meaning of Delegated Legislation and its Growth
b. Delegated Legislation in USA and UK
c. Delegated Legislation in India- Comparison with USA & UK, Pre
and Post Constitutional Period
d. Rules and Principles of Administrative Rule making/ Delegated
Legislation- Excessive delegation, Permissible and Non permissible
Delegated Legislation
d. Control Mechanisms of Delegated Legislation- Judicial Control,
Parliamentary Control, Procedural Control
f. Sub-delegation, Conditional Legislation

Module III- ADMINISTRATIVE ADJUDICATION


a.Administrative Adjudication- Meaning, Needs and Reasons for its
growth
b. Problems of Administrative Adjudication
c. Mechanism for Administrative Adjudication Quasi judicial bodies,
Tribunals-meaning, difference between tribunals and courts, its
types- Statutory and DomesticTribunals
d. Administrative Tribunal Definition Constitutional Status,
Finality of decisions and Judicial Review

Module IV -ADMINISTRATIVE DIRECTIONS


a. Meaning, Nature and Need for Administrative Directions
b. Directions and Rules
c. Enforceability of Administrative Directions

Module V - ADMINISTRATIVE DISCRETION


a. Meaning and significance of Administrative Discretion
b. Judicial Control of Administrative Discretion At the stage of
delegation of discretion and Control at the stage of the exercise of
discretion
c.Grounds of control
Module VI - PRINCIPLES OF NATURAL JUSTICE
a. Concept, Evolution and Importance
b. Principles of Natural Justice - Rule against Bias and Rule of Fair
Hearing
c.Exceptions to Natural Justice
d. Violations of Natural Justice
e. Application of Natural Justice in India
Module VII Review of Administrative Actions and Remedies
a. Judicial Review- Writ jurisdiction of Supreme Court and High Court, when the writs
can be issued, when the writs cannot be issued, principles of writ jurisdiction
b. Grounds of review Illegality, Irrationality, Procedural Impropriety, Proportionality
c. Doctrines developed by Judiciary Doctrine of Legitimate Expectation, Doctrine of
Proportionality, Doctrine of Reasonableness, Doctrine of Public Accountability, Doctrine
of Promissory Estoppel
d. Other remedies for administrative action- Judicial Review Statutory
Remedies Equitable Remedies Ombudsman Lok Pal and Lokayukta.

Module VIII- LIABILITY OF THE ADMINISTRATION


a. Contractual Liability of the Administration Constitutional and other
Provisions
b. Tortious Liability of the Administration Constitutional and other provisions
c. Doctrine of Estoppel
d. Liability of Public Undertakings
e.Emerging trends: Problems in good governance- Corruption- Prevention of Corruption
Act,Right to know and Right to Information Act,2005

Suggested References:
1. MP Jain and SN Jain: Principles of Administrative Law
2. I P Massey: Administrative Law
3. C K Takwani: Lectures on Administrative Law
4. D D Basu: Administrative Law

Further Readings:

1. S P Sathe: Administrative Law


2. M C Jain Kagzi: The Indian Administrative Law
3. O. Hood Philips and Jackson: Administrative Law
4. H.W.R. Wade and C.F. Forsyth: Administrative Law
5. Griffith and Street: Principles of Administrative Law
6. MC Jain KagziandBalbir Singh, A Casebook of Administrative Law
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