Administrative Law
Mahatma Gandhi University · LL.B. Semester 4 · UL-17
Unit I
Introduction Evolution, Nature Scope and development of Administrative Law - Red light and Green light theories - Global Administrative Law- Rule of Law and Administrative Law- Separation of Powers and its Relevance- Parliamentary Sovereignty- Relationship between Constitutional Law and Administrative Law- Impact of Structural Adjustment Programmes - Classification of Administrative functions.
Unit II
Legislative Powers and Functions of Administration Meaning and scope of Delegated Legislation – Kinds and forms of Delegated Legislations - Constitutionality of Delegated Legislation – Discussion on Article 309 as a constitutionally enabled provision for delegated legislation- Control of Delegated legislation - Parliamentary Control and Judicial Control of Delegated Legislation - Doctrine of ultra vires- Excessive delegation- Administrative Instructions.
Unit III
Administrative Discretion, Public Accountability and Government liability in Tort and Contract Administrative Discretion- Nature and scope- - Judicial control of administrative discretion –Fundamental Rights as a Limitation on Conferment of Discretionary powers- Judicial control and exercise of administrative discretion- Abuse of Discretion - Failure to Exercise Discretion – Wrong exercise of discretion – Unreasonableness- Doctrine of proportionality and its nuances Good governance- Right to Information and Right to Services as catalysts of good governance- Public Accountability- Mis-feasence in public office–Grant of state largess- Constitutionalization of Government Contracts- Judicial review of awarding of contracts, tenders etc. - Govt. Liability in Tort and Contract- Judicial Trend- Promissory Estoppel- Judicial trend.
Unit IV
Judicial Functions of Administration Need for Devolution of Adjudicatory Authority on Administration – Doctrine of Fairness and Fair play in action- Principles of Natural Justice - Rule against Bias - Audi Alteram Partem - Speaking Order– Legal representation- Exceptions and Exclusions- Discussion on Article 311 as an illustration of nuances of natural justice principles- Doctrine of Legitimate Expectation- procedural and substantive applications- - Domestic Enquiry- New Regulatory Agencies and judicial powers
Unit V
Remedies against Administrative Excesses and Inactions Principles of Judicial Review of Administrative Action - Scope and limitations– Judicial Review of policies - Administrative Law centric discussion in Article 32, Article 226, Article 227 and Article 136 and also prerogative Writs and Condition precedents for invoking Writ Jurisdiction- Public Interest Litigation as a remedy against governance excess - compensation in writ proceedings- Private Law Remedies- Injunction, Declaration and Damages-Tribunal system- Central and State Administrative Tribunals- Constitution, Powers, Procedures- Privileges of Government in Legal Proceedings- Remedies against mal-administration - Ombudsman and Lokayukta- Anti- corruption Mechanisms – Central Vigilance Commission, Central Bureau of Investigation- Changing Terrain of Public Corporations- Parliamentary and Judicial Control.