Administrative Law

Unit 1 — Evolution, Nature and Scope of Administrative Law [10 units]

1. Emergence, Nature and scope of administrative law, · 2. Comparative study of Legal Systems of UK, USA and India. · 3. Relationship between Constitutional Law and Administrative law · 4. Rule of Law and Administrative Law · 5. Doctrine of Separation of Powers and Administrative Law.

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

Unit 2 — Delegated Legislation [11 units]

1. Reasons of growth of Delegated Legislation · 2. Meaning and Forms of delegated legislations · 3. Constitutional Validity of delegated legislation · 4. Doctrine of Excessive Delegation--Permissible and Impermissible delegation · 5. Controls on delegated Legislation--Judicial control--Doctrine of Ultra vires - substantive and procedural ultra vires. Parliamentary Control - Laying procedure and Scrutiny committees · 6. Sub-delegation of legislative power

• Delegated Legislation
• Safeguards and Controls on Delegated Legislation

Unit 3 — Administrative Adjudication [6 units]

1. Need of adjudicatory powers of administration · 2. Administrative tribunals -- Constitution powers and procedures

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

Unit 4 — Principle of Natural Justice [14 units]

1. History & Importance · 2. Rule against bias, Nemo debet esse judex in propria cause, Audi altrem partem · 3. Exceptions to Principles of Natural Justice · 4. Effect of Violation of Principles of Natural Justice.

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

Unit 5 — Administrative Discretion [8 units]

1. Need and nature of discretionary powers · 2. Rule of law and Discretionary powers · 3. Grounds of judicial review - Abuse of discretion, and Failure to exercise discretion, · 4. Doctrine of legitimate expectations, Doctrine of Proportionality, Public Accountability

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

Unit 6 — Judicial control of administrative action through writs. [8 units]

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

Unit 7 — Liability for Wrongs of Government (Tortious and Contractual) [8 units]

1. Tortious liability of government, Sovereign and Non-Sovereign Functions, · 2. Contractual liability of government · 3. Statutory Immunity · 4. Remedies.

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

Unit 8 — Corporations and Public Undertakings [10 units]

1. Introduction and definition. · 2. Classification/Types of public corporation · 3. Salient features of public corporation. · 4. Reason for the growth of public corporation. · 5. Controls over Corporations and public undertakings · 6. Legal remedies.

• Corporations and Public Undertakings Definition and Characteristics Classification of Public Corporation Liabilities of Public Corporation Control over Public Corporation

Unit 9 — Informal Methods of Settlement of Disputes and Grievance Redressal Procedures [9 units]

1. Arbitration. Conciliation and mediation · 2. The Commissions of Inquiry Act, · 3. Ombudsman. · 4. Lokpal and Lok Ayuktas Act, 2013, · 5. Central Vigilance Commission · 6. The Right to Information Act, 2005

• Informal methods of settlement of disputes and Grievance Redressal Procedures Conciliation and Mediation
• Right to Information Act, 2005