Administrative Law
Savitribai Phule Pune University · LL.B. Semester 5 · LCC 0903
Unit 1 — Evolution, Nature and Scope of Administrative Law:
1. Evolution, Definitions, Nature, Scope and Development of Administrative Law · 2. Relationship between Constitutional Law and Administrative Law · 3. Reasons for growth of Administrative Law · 4. Doctrine of Separation of Powers · 5. Doctrine of Rule of Law
Unit 2 — Delegated Legislation (Legislative Powers of Administration):
1. Meaning of and Necessity for Delegated Legislation · 2. Reasons for growth of Delegated Legislation · 3. Functions which may be delegated (Permissible Delegation) · 4. Restraints on Delegation of Legislative Powers- comparative position – UK, USA and India · 5. Legislative control of delegated legislation · 6. Judicial control of delegated legislation · 7. Sub-Delegation
Unit 3 — Administrative Adjudication (Judicial Powers of Administration)
1. Need for devolution of adjudicatory powers on Administration · 2. Tribunals – Meaning, Nature, Constitution, Jurisdiction and Procedure · 3. Principles of Natural Justice –Meaning, Nature, content etc. · 1) Rule Against Bias – Types of Bias · 2) Right of Fair Hearing- Components of Fair Hearing · 4. Exceptions to natural justice · 5. Effect of violation of natural justice
Unit 4 — Judicial Review of Administrative Discretion
1. Meaning and need for administrative discretion · 2. Rule of Law and Administrative Discretion, Constitutional imperatives · 3. Judicial Control of administrative discretion · 1) Failure to exercise discretion · 2) Abuse of discretion · 4. Doctrine of Proportionality, Doctrine of Legitimate Expectation, Public Accountability.
Unit 5 — Liability For Wrongs of Government / State (Tortious and Contractual)
1. Liability of State in Torts Sovereign and Non-Sovereign Function, act of State · 2. Liability of government in Contracts · 3. Doctrine of Estoppel and Waiver · 4. Statutory Immunity – Act of State · 5. Government’s privileges in legal proceedings
Unit 6 — Corporations and Public Undertakings:
1. Meaning and characteristics of corporations · 2. Liability of public and private corporations – departmental undertakings · 3. Legislative, Governmental and Parliamentary control over Corporations and public undertakings · 4. Legal Remedies, Accountability – committee on Public Undertakings
Unit 7 — Settlement Of Disputes And Grievance Redressal Procedures:
1. Informal methods of settlement of disputes- Conciliation and mediation etc. · 2. Commission of Enquiry- The Commissions of Inquiry Act, 1952 · 3. Ombudsman in India - The Lokpal And Lokayuktas Act, 2013 · 4. Central Vigilance Commission- Central Vigilance Commission Act 2003 · 5. The Whistle Blowers Protection Act, 2014
Unit 8 — Right To Information:
1. Transparency and right to information · 2. Right to Information Act, 2005- Object, application, definition and Salient features of the Act · 3. Citizen charter - obligations of Public Authorities · 4. Hurdles in the implementation of the Act