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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