Administrative Law

Hidayatullah National Law University · LL.B. Semester 6 · LLB-C-601

Unit I — INTRODUCTION

Definition, Nature, Scope and Significance of Administrative Law, Doctrine of Parens Patriae Relationship between Constitutional Law and Administrative Law · Evolution and Development of Administrative Law – India and France, Global Administrative Law · Administrative Action- Meaning and Types, Need for Control, Overview of Public and Private Entities · Basic Doctrines- Rule of Law and its application in India, Doctrine of Separation of Powers and its relevance in Contemporary Times

Unit II — DELEGATED LEGISLATION

Meaning of Delegated Legislation, Reasons for its Growth · Delegated Legislation in India Pre and Post Constitutional Period- Comparison with USA & UK · Constitutionality of Delegated Legislation – Excessive delegation, Permissible and Non permissible Delegated Legislation, Sub-delegation and Conditional Legislation · Control Mechanisms of Delegated Legislation- Judicial Control- Doctrine of Ultravires - Substantive Ultravires and Procedural Ultravires; Parliamentary Control – Laying of rules before the Houses, Publication of Delegated Legislation

Unit III — ADMINISTRATIVE ADJUDICATION

Administrative Adjudication- Meaning, need and reasons for its growth, Advantages and Problems of Administrative Adjudication · Mechanism for Administrative Adjudication – meaning of Quasi Judicial bodies and Tribunal; difference between tribunals and courts · Overview of Tribunals in India with reference to Constitution of India- Articles 323A and 323B Administrative Tribunals established under Administrative Tribunals Act, 1985 · Judicial Control over Administrative Adjudication- Control over Tribunals

Unit IV — ADMINISTRATIVE DIRECTIONS AND ADMINISTRATIVE DISCRETION

Meaning, Nature and Need for Administrative Directions · Difference between Directions and Rules and Enforceability of Administrative Directions · Meaning and significance of Administrative Discretion · Judicial Control of Administrative Discretion – Control at the stage of delegation of discretion and control at the stage of the exercise of discretion

Unit V — PRINCIPLES OF NATURAL JUSTICE

Concept, Evolution and Importance and Procedural and Substantive aspect of Principle of Natural Justice · Rule against Bias- Meaning, importance and essentials · Rule of Fair Hearing- Meaning, importance and essentials Doctrine of Reasoned Decisions- Meaning and importance · Exceptions to Principle of Natural Justice and Violations of Principle of Natural Justice

Unit VI — REVIEW OF ADMINISTRATIVE ACTIONS, REMEDIES AND LIABILITY OF STATE

Doctrines developed by Judiciary –Legitimate Expectation, Doctrine of Promissory Estoppel, Exclusion Clause and Sunset Clause · Other remedies for Administrative Action- Ombudsman –Lok Pal and Lokayuktas · Overview of The Official Secrets Act, 1923, The Commission of Inquiries Act, 1952 and Right to Information Act, 2005 · Contractual Liability of the Administration – Constitutional and other Provisions.