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Syllabus Ad law

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sharadmishra123
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ADMINISTRATIVE LAW

Semester VI

Course Teachers:Dr. KaumudhiChalla


Mr. Azim B. Pathan
Mr. HadiurRahaman

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
impossible to define administrative law and include 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. This course is designed to give some insight into the
body of administrative law in India.

Module I - Introduction
a. Meaning, Definition, Scope and Significance of Administrative Law
b. Evolution and Development of Administrative Law – India, UK, USA and France
c. Relationship between Constitutional Law and Administrative Law
d. Rule of Law
e. Doctrine of Separation of Powers and its relevance in Contemporary Times
f. Administrative Action– Meaning and Classification, Need for Control

Module II - Delegated Legislation


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

Module III- Administrative Adjudication


a. Reasons for the growth of Administrative Adjudication and its need
b. Problems of Administrative Adjudication
c. Mechanism for Administrative Adjudication – Tribunal, Meaning and Definitions, Difference between
Tribunal and Courts, Statutory and Domestic Tribunals
d. Administrative Tribunal – Definition, Constitutional Status, Examples, Administrative Tribunals and Finality
of Decisions, Administrative Tribunals and Judicial Review

Module IV - Administrative Directions


a. Meaning, Nature and Need for Administrative Directions
b. Directions and Rules
c. Enforceability of Administrative Directions
d. Publication of Administrative Directions
e. Administrative Directions to Quasi- Judicial and Statutory Bodies

Module V- Administrative Discretion


a. Meaning and Significance of Administrative Discretion
b. Judicial Control of Administrative Discretion, Grounds of Control

Module VI - Principles of Natural Justice


a. Concept, Evolution and Importance
b. Natural Justice in India: Statutory Provisions and Constitutional Provisions
c. Principles of Natural Justice - Rule against Bias and Rule of Fair Hearing
d. Exceptions to Natural Justice
e. Violations of Natural Justice

Module VII- Judicial Review of Administrative Action and Remedies


a. Jurisdiction of Supreme Court and High Courts
b. Grounds of Review
c. Doctrines- Legitimate Expectation, Public Accountability, Proportionality
d. Public Law Review and Mechanism of Writs
e. Statutory Remedies, Equitable Remedies, Ombudsman and other Miscellaneous Remedies

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 Corporations

Module IX - Emerging Trends in Administrative Law


a. Administration and Good Governance - Corruption - Prevention of Corruption Act.
b. Right to Know: Right to Information Act, 2005
c. Non-State actors and Administrative Law
d. International Administrative Law

Suggested References:
1. M P Jain and S N 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 Kagzi and Balbir Singh: A Casebook of Administrative Law

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