Administrative Law
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 6 · LAIFTT2N
Unit I — Foundations of Administrative Law
Definition, Nature and Scope of Administrative Law · Significance Growth of Administrative Law · Distinction between Constitutional Law and Administrative Law · Concept of Rule of Law: Dicey’s Formulation and Indian Context · Doctrine of Separation of Power: Relevance and adaptation in India · Sources of Administrative Law: Constitution, statutes, rules, judicial decisions, and customs
Unit II — Delegated Legislation and Executive Law-Making
Meaning and Concept of Delegated Legislation · Types, Forms and Classification: Conditional, Sub-Delegation · Reasons and justifications for Growth of Delegated Legislation · Constitutionality of Delegated Legislation · Control on Delegated Legislation: · Parliamentary Control of Delegated Legislation; · Judicial Control of Delegated Legislation; · Procedural control of Delegated Legislation
Unit III — Administrative Adjudication and Tribunal System
Meaning, Nature, and Rationale of Administrative Adjudication: Need for specialized and speedy resolution of administrative disputes · Essential Characteristics of Administrative Adjudication: Flexibility, informality, expert decision-making, and cost-effectiveness, others · Evolution and Expansion of Tribunals and Quasi-Judicial Authorities in India: Historical background, legislative developments, and judicial recognition · Distinction between Judicial, Quasi-Judicial, and Administrative Functions · Structure and Functioning of Tribunals in India: Sector-specific tribunals (e.g., CAT, NCLT, TDSAT, NGT) – powers, procedures, and effectiveness · Constitutional Basis and Regulation: Articles 323-A and 323-B – enabling provisions, scope, and interpretive trends · Tribunalisation of Justice and Concerns over Judicial Independence: · Judicial criticism of excessive delegation · Issues of appointment, tenure, and lack of judicial safeguards · The Tribunals Reforms Act, 2021
Unit IV — Principles of Natural Justice and Fairness of Administrative Process
Meaning and rationale of natural justice · Nature, scope, and historical development of natural justice · Rule against bias (Nemo judex in causa sua) · Rule of fair hearing (Audi alteram partem) · Requirement of speaking orders (reasoned decisions) · Expanding horizon of natural justice · Exceptions to the application of natural justice · Institutional decision-making and post-decisional hearing · Judicial interpretation and Application of natural justice
Unit V — Judicial Control over Administrative Action
Concept and scope of Judicial Review of administrative action · Grounds: Illegality, Irrationality, Procedural impropriety, and Proportionality · Writs under Articles 32 and 226: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto · Doctrine of Legitimate Expectation and Doctrine of Promissory Estoppel · Judicial restraint and activism: Balancing autonomy and accountability · Role of PILs in challenging arbitrary administrative actions
Unit VI — Accountability Mechanisms and Contemporary Developments
Ombudsman mechanism: Lokpal and Lokayuktas – powers, structure, and effectiveness (Lokpal and Lokayukta Act, 2013) · Central Vigilance Commission · Administrative liability: Tortious and contractual liability of the State · Right to Information Act, 2005: Objectives, key provisions, and role in transparency · E-Governance, Good Governance, and Ethical Administration · Role of Regulatory Authorities (e.g., TRAI, SEBI, CCI) in administrative governance · Future challenges: Technology, AI, and administrative discretion