Administrative Law

Unit 1 — Nature and Scope

Definition, Nature and Scope of Administrative Law · Difference between Administrative Law and Constitutional Law · Rule of law · Dicey’s Rule of Law · Doctrine of Separation ofPowers

• Introduction
• Basic Constitutional Principles Rule of Law
• Classification of Administrative Functions Tripartite functions of Administration

Unit 2 — Delegated Legislation

Necessity, Merits and Demerits of Delegated Legislation · Constitutionality of Delegated Legislation · Legislative Control · Judicial Control · Procedural Control (pre and post-publication, consultation of affected interests, General Clauses Act, 1897 sections20-24)

• Delegated Legislation
• Safeguards and Controls on Delegated Legislation

Unit 3 — Administrative Discretion

Meaning of Administrative Discretion · restraint on the conferment of Administrative Discretion · Abuse of discretionary powers · Grounds of Judicial Review (i) Abuse of discretion (ii) Non Application of Mind, and (iii) violation of the principles of naturaljustice

• Administrative Discretion & Judicial Control, Judicial Remedies against administrative Arbitrariness

Unit 4 — Power of Judicial Review

Nature and Scope of Judicial Review · Writ Jurisdiction under Article 32 and 226 (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) · Special Leave Petition under Article 136 · High Court’s Power of Superintendence under Article227

• Administrative Discretion & Judicial Control, Judicial Remedies against administrative Arbitrariness
• Article 32- Right to Constitutional Remedies and Public Interest Litigation

Unit 5 — Principles of Natural Justice

(i) Nemojudex in causasua(Rule Against Bias), and (ii) Audi alterampartem(Rule of Fair Hearing) · Reasoned Decision (Speaking Orders) · Difference between administrative and quasi-judicial function · Effects of non-observation of the principles of naturaljustice

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

Unit 6 — Tribunals and Regulatory Bodies

Advantages of justice by administrative tribunals · Constitution of India (Article 323A and 323B) · Overview of Administrative Tribunals Act,1985

• Administrative Tribunals Characteristics
• Tribalization and threat to independence of judiciary — Tribunals Reforms Act, 2021

Unit 7 — Commission of Inquiry and Central Vigilance Commission

Commission of Inquiry Act, 1952 (“to inquire into any definite matter of public importance”) · Power of Central and State Government to appoint a Commission of Inquiry · powers and procedure of the Commission of Inquiry · Overview of Central Vigilance Commission Act,2003

Unit 8 — Administrative Liability

Tortious liability and contractual liability · Promissory Estoppel · and Exclusion of Jurisdiction ofCourt

• Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability

Unit 9 — Right to Information

Transparency and accountability of the administration · right to information under the Indian Constitution · Right to Information Act, 2005 (object and scope of the act, obligation of public authorities under the act, and grounds of refusal to discloseinformation)

• Right to Information Act, 2005