Administrative Law

University of Calcutta · LL.B. Semester 5

Unit 1 — Introduction

Definition, Nature, Scope, and Significance of Administrative Law · Relationship between Constitutional Law and Administrative Law · Basic Doctrines- Rule of Law and its application in India, Doctrine of Separation of Powers and its relevance in Contemporary Times

Unit 2 — Delegated Legislation

Meaning of Delegated Legislation and reasons for its Growth in India · Excessive delegation, Permissible and Non-permissible Delegated Legislation, Sub- delegation, Conditional Legislation · Control Mechanisms of Delegated Legislation- Judicial Control Doctrine of ultravires · substantive ultravires and procedural ultravires · Parliamentary Control, Publication of Delegated Legislation

Unit 3 — Administrative Adjudication, Directions, and Discretion

Meaning, and Mechanism for Administrative Adjudication (Articles 323A and 323B · Administrative Tribunals established under the Administrative Tribunals Act, 1985) · Meaning, Nature and Need for Administrative Directions · Meaning and significance of Administrative Discretion and Judicial Control of Administrative Discretion

Unit 4 — Natural Justice

Concept, Evolution and Importance, Principles of Natural Justice · Rule against Bias- Meaning, importance and essentials · Rule of Fair Hearing- Meaning, importance and essentials, Doctrine of Reasoned Decisions, Exceptions to Natural Justice · Violations of Natural Justice · Application of Natural Justice in India

Unit 5 — Review of Administrative Actions and Remedy

Judicial Review- Writ jurisdiction of Supreme Court and High Courts, when the writs can be issued, when the writs cannot be issued · Doctrines developed by Judiciary · Illegality, Irrationality, Procedural Impropriety, Doctrine of Proportionality · Doctrine of Reasonableness, Legitimate Expectation, Doctrine of Promissory Estoppel, Exclusion Clause · Other remedies for administrative action–Statutory Remedies, Equitable Remedies, Ombudsman –Lok Pal and Lokayukta (Only an Overview of these Other Remedies are discussed)