Syllabus LC 1002 Administrative Law

 

Fifth Year B.A. LL.B.    - Semester X 

Fifth Year B.B.A. LL.B.  - Semester X 

Third Year LL.B.      - Semester VI

LC 1002 Administrative Law : 

Objectives of the Course : It is expected that the Administrative Law should be specifically deals with delivering two fundamental aspects of good governance - (a) firstly rule based administration that ensure transparency in discretion based administration to avoid arbitrariness and (b) secondly delivery of administrative justice in furtherance of a welfare functions of the State where in litigative justice may not be accountable, efficient and effective.

With the emergence of a State as a welfare institution its administration and administrative law have become all-pervading factor across the world, The aim of this course is to study the structure, governance, organization, powers and function or public authorities in India. The expansion of the powers of the necessities to undertake a scrutiny of its various functions - Legislative, executive as well as judicial. The Administrative law in India is essentially a judge made law and therefore students are expected to be familiar and acquainted with the development of the subject with leading cases. The students will also be able to understand (a) concepts and principles governing administrative law, (b) appreciate role, powers and functions of administrative organs, and (c) appreciate recent development of administrative law.

 

Module 01	Evolution, Nature and Scope of Administrative Law : 1.     Nature, Scope and Development of Administrative Law,  2.     Rule of law and Administrative Law,  3.     Separation of powers and Administrative Law  4.     Relationship between Constitutional law and Administrative Law,  5.     Classification of functions of Administration
Module 02	Delegated Legislation : 1.     Reasons for Growth of  Delegated Legislation 2.     Constitutional validity of  Delegated Legislation 3.     Forms or types of delegated legislation 4.     Restraints on Delegation of Legislative powers - Comparative position – UK, USA and India  5.     Doctrine of Excessive Delegation 6.     Powers of exclusion and inclusion and power to modify statute 7.     Safeguards and Controls on delegated legislation – Legislative, Judicial and Other Controls 8.     Sub-Delegation of Legislative Power
Module 03	Administrative Adjudication : 1.     Need of adjudicatory powers of administration 2.     Administrative Tribunals – Constitution, powers, procedures 3.     Principles of Natural Justice - Rule against bias, Audi Alteram Partem, Essentials of hearing process, Cross examination, Legal representation - right to counsel, Pre and post - decisional hearing, Reasoned decisions 4.     Exceptions to Principles of Natural Justice, Effect of failure - Rules of evidence – no evidence, some evidence and substantial evidence, Institutional Decisions
Module 04	Administrative Discretion and Judicial Control : 1.     Need for conferring discretion on administrative authorities  2.     Rule of law and administrative discretion, Constitutional imperatives and exercise of discretion
	3.     Grounds of judicial review - Abuse of discretion, and Failure to exercise discretion,  4.     Doctrine of legitimate expectations, Doctrine of Proportionality, Public Accountability
Module 05	Liability for Wrongs of Government (Tortious and Contractual) : 1.     Tortious liability of government, Sovereign and Non-Sovereign Functions, act of state  2.     Contractual liability of government 3.     Statutory Immunity - Act of State - Liabilities Government privilege in legal proceedings – state secrets, public interest, Estoppel and waiver 4.     Remedies in the form of Judicial Review and Statutory remedies, Suits for Compensation
Module 06	Corporations and Public Undertakings: 1.     State monopoly vis-a-vis arbitrary action, Liability of public and private corporations – departmental undertakings 2.     Legislative and Governmental Control over Corporations and public undertakings 3.     Legal remedies, Accountability - Committee on Public Undertakings, Estimates Committee 4.     Trend of disinvestment and its Consequences
Module 07	Informal Methods of Settlement of Disputes and Grievance Redressal Procedures : 1.     Conciliation and mediation through social action groups, Use of media, lobbying and Public participation 2.     The Commissions of Inquiry Act, 1952 - Public Enquiries and Commissions of Inquiry, Appointment of Commission, Matters of Inquiry, Powers of Commission, Procedure before Commission 3.     Significance of the Lokpal and Lokayuktas Act, 2013, Central Vigilance Commission
Module 08	The Right to Information Act, 2005 : 1.     Transparency and right to information – Constitutional imperative 2.     Object, application definitions and Salient features of the Act 3.     Right to Information and obligations of Public Authorities, Central Information Commission, State Information Commission, Powers and functions of the Information Commissions, appeal and penalties  4.     Hurdles in the implementation of the Act

 

Recommended Readings:

1.     C. K. Allen, Law and Orders (Universal Law Publishing, 1985).

2.     D.D. Basu, Comparative Administrative Law (1998).

3.     Franks, Report of the Committee on Administrative Tribunals and Inquiries (HMSO, 1959).

4.     Peter Cane, An Introduction of Administrative Law (Oxford 1996).

5.     Wade, Administrative Law, 7th Edn, Indian Print, (Universal Law Publishing, 1997).

6.     J. C. Garner, Administrative Law, ed. B.L. Jones, (Butterworth, 1998).

7.     S. P. Sathe, Administrative Law, (Butterworth, 1998).

8.     C. K. Takwani, Lectures on Administrative Law, (Eastern Law Book, Luuknow).

9.     M.A. Fazal, Judicial Control of Administrative Action in India, Pakistan and Bangladesh (Butterworth, 2000).

10.  Jain and Jain, Principles of Administrative Law, (Universal Law Publishing, 1997).

11.  M. P. Jain, Cases and Materials on Indian Administrative Law, Vol. I and II, (Universal Law Publishing, 1996).

12.  De Smith, Judicial Review of Administrative Action, (Sweet and Maxwell, 1995).

Note for Syllabus of all Subjects : 

1.     The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.  

2.     The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.