Administrative Law

Maharashtra National Law University, Aurangabad · LL.B. Semester 6

Unit I — Introduction of Administrative Law

Administrative law: Meaning, Nature, Scope and Significance, Evolution and Development of Administrative Law – India, UK, USA and France, Administrative law and Constitutional law, Rule of Law vis-à-vis Separation of Power

Unit II — Administrative Actions and Administrative Directions

Administrative Action – Meaning & Classification - Legislative, Administrative and Judicial Actions, Administrative Discretion- Need for administrative discretion, Limitations on exercise of discretion, Administrative Instructions and Administrative Discretion, Enforceability and Publication of Administrative Directions

Unit III — Delegated Legislation: Conceptual Framework and Control Mechanism

Meaning, Significance and Basis of Delegated Legislation, Delegated Legislation in USA, UK, and in India: Pre and Post Constitutional Period, Constitutionality Validity of Delegated Legislation, Control Mechanisms of Delegated Legislations: Procedural – Parliamentary – Judicial

Unit IV — Principles of Natural Justice

Concept, Evolution and Importance of Natural Justice, Legal implication of Principles of Natural Justice, Nemo debt ease judex in propria causa, Audi alteram partem - Post decisional hearing, Exceptions to the rule of Natural Justice, Effect of Violation of Natural Justice

Principles of Natural Justice Definition, Nature and Scope Rule against Bias Audi Alteram Partem Post Decisional Hearing Reasoned Decisions

Unit V — Administrative Action and Judicial Review

Concept, Need and Importance of Judicial Review, Jurisdiction of the Supreme Court U/A 32 and 136 and High Courts U/A 226 and 227- Principle of Res Judicata, Doctrine of proportionality – legitimate expectation – public accountability - Liability of State - Tortious liability: sovereign and non-sovereign functions, Contract- Promissory Estoppel-Government Privileges, Types of Writs- Certiorari – Prohibition – Mandamus – Quo Warranto – Habeas Corpus,

Unit VI — Administrative Tribunals / Administrative Adjudication

Growth of Administrative Adjudication, Administrative Tribunal – Definition – Constitutional Status-Rules and Principles, Franks Committee Report, Characteristic Features of Statutory Tribunal, Relevance of Central Administrative Tribunal

Unit VII — Public Corporations/Public Undertaking and Liability of Administration

Government Companies and Public Corporation, Control of Statutory Corporation – public - parliamentary – governmental – judicial, Recent Trends in Administrative Law – Ombudsman, Right to Information, Global, Administrative Law