Administrative Law
Dibrugarh University · LL.B. Semester 5 · B.A.,LL.B.: 5.4
Unit 1 — Nature , Evolution and Scope of Administrative Law
1.1 Definition, Nature, Scope and reasons for development of Administrative Law · 1.2 Relationship between Constitutional Law and Administrative Law · 1.3 Meaning & concept of Rule of Law · 1.4 Separation of powers and its relevance –application in India · 1.5 Droit Administratiff · 1.6 Classification of functions of Administration
Unit 2 — Delegated Legislation
2.1 Meaning and scope of Delegated Legislation · 2.2 Reasons for the growth of Delegated Legislation, Advantages and disadvantages of Delegated Legislation · 2.3 Forms of Delegated Legislation · 2.4 Delegated Legislation in India and the United Kingdom Functions which can be delegated and the Functions 2.4.1 which cannot be delegated · 2.5 Control Mechanism –Judicial, Parliamentary, and procedural control · 2.6 Sub delegation of legislative powers · 2.7 Difference between delegated legislation and conditional legislation
Unit 3 — Judicial Function of Administration and Principles of Natural Justice
3.1 Article 323 A and Article 323 B of the Constitution of India, Administrative Tribunals established under the Administrative Tribunals Act, 1985 and Assam Administrative Tribunal Act, 1977 · 3.2 Principles of Natural Justice 3.2.1 Rule against bias 3.2.2 Audi Alteram Partem 3.2.3 Reasoned decisions
Unit 4 — Administrative Discretion and Judicial Control of Administrative Action
4.1 Administrative Discretion 4.1.1 Constitutional imperatives and exercise of discretion 4.1.2 Judicial review and its relevant doctrines · 4.2 Judicial Control of Administrative Action 4.2.1 Introduction 4.2.2 Court as the final authority to determine the legality of administrative action 4.2.3 Exhaustion of Administrative remedies 4.2.4 Locus standi in the context of Article 32 4.2.5 Res Judicata 4.2.6 Judicial review and its extent
Unit 5 — Liability of Government/Administration, Public Corporations, Ombudsman etc.
5.1 Liability of Administration 5.1.1 Liability in Contract 5.1.2 Liability in Tort 5.1.3 Privileges and Immunities of the Administration in suits · 5.2 Public Corporations –characteristics –classification – liability – status of employees- control of Public Corporations –Government Companies · 5.3 Concept and development of Ombudsmen Referred Cases 1. A.D.M. Jabalpur V. Shivakant Shukla, (1976) 2 SCC 521 (Doctrine of Separation of Powers) 2. Olga Tellis Vs. BMC, AIR 1986 SC 180 3. Indira, Nehru, Gandhi V. Raj Narayan (1975) Supp. SCC1 4. Supreme Court Advocates on Record Assn. V. Union of India (1993) 4 SCC 441 (Delegated Legislations) 5. Sahni Silk Mills V.E.S.I. Corp (1994) 5 SCC 346 (Natural Justice) 6. A.K. Kraipak V. Union of India, AIR 1970 SC 150 7. J. Mohapatra of Co. V. State of Orissa, AIR 1987 SC 1572 8. Maneka Gandhi V. Union of India, AIR 1978 SC 597 9. M.S. Gill V. Chief Election Commissioner, AIR 1978 SC 851 10. State of Tamil Nadu V. R. Krishnamurthy, AIR 2006 SC 1622 (Administrative Action) 11. Divisional Forest Officer, Kothagudem V. Madhusudhan Rao (2008) 3 SCC 469