Administrative Law

Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 3 · LAW-CC-313

Unit I — Unit I (untitled in print)

Evolution, Nature and Scope of Administrative Law · From a laissez – faire to a social welfare state · State as regulator of private interest · State as provider of services · Other functions of modern – state : relief, welfare · Evolution of administration as the fourth branch of government – necessity for delegation of powers on administration. · Evolution of agencies and procedures for settlement of disputes between individual and administration. · Regulatory agencies on the United States · Council d’ Etat · Tribunalization in England and India · Definition and scope of administrative law · Relationship between constitutional law and administrative law · Separation of powers · Rule of law

Unit II — Unit II (untitled in print)

1. Civil Service in India a. Nature and Organization of Civil Service : from colonial relics to democratic aspiration b. Powers and functions c. Accountability and responsiveness : problems and perspectives d. Administrative deviance – corruption, nepotism, mal-administration

Unit III — Legislative Powers of Administration

Necessity for delegation of legislative power · Constitutionality of delegated legislation – powers of exclusion and inclusion and power to modify statute · Requirements for the validity of delegated legislation · Consultation of affected interests and public participation in rule – making · Publication of delegated legislation · Administrative directions, circulars and policy statements · Legislative control of delegated legislation · Laying procedures and their efficacy · Committees on delegated legislation – their constitution, function and effectiveness · Hearings before legislative committees · Judicial control of delegated legislation · Sub-delegation of legislative powers · 2. Judicial Powers of Administration · Need for devolution of adjudicatory authority on administration · Administrative tribunals and other adjudicating authorities : their ad-hoc character · Tribunals – need, nature, constitution, jurisdiction and procedure · Jurisdiction of administrative tribunals and other authorities · Distinction between quasi – judicial and administrative functions · The right to hearing – essentials of hearing process · No man shall be judge in his own cause · No man shall be condemned unheard · Rules of evidence – no – evidence, some evidence and substantial evidence rules. · Reasoned decisions · The right to counsel · Institutional decisions · Administrative appeals

Unit IV — Judicial Control of Administrative Action

Exhaustion of administrative remedies · Standing : standing for Public interest litigation (social action litigation) collusion, bias · Laches · Res-judicata · Grounds · Jurisdictional error/ ultra virus · Abuse and non exercise of jurisdiction · Error apparent on the face of the record · Violation of principles of natural justice · Violation of public policy · Unreasonableness · Legitimate expectation · Remedies in judicial review · Statutory appeals · Mandamus · Certiorari · Prohibition · Quo-Warranto · Habeas Corpus · Declaratory judgments and injunctions · Specific performance and civil suits for compensation · 2. Administrative Discretion · Need for administrative discretion · Administrative discretion and rule of law · Limitations on excise of discretion · Malafide exercise of discretion · Constitutional imperatives and use of discretionary authority · Irrelevant considerations · Non-exercise of discretionary power

Unit V — Liability for Wrongs ( Tortious and Contractual)

Tortious liability: sovereign and non – sovereign functions · Statutory immunity · Act of state · Contractual liability of government · Government privileges in legal proceedings – state secrets, public interest · Transparency and Right to Information · Estoppel and wavier · 2. Corporations and Public Undertakings · State monopoly – remedies against arbitrary action or for acting against public policy · Liability of public and private corporations – departmental undertakings · Legislative and governmental control · Legal remedies · Accountability – Committee on public undertakings, estimates committee etc.