Administrative Law
Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 4 · TA4B
Unit I — Introduction
Introduction Definition,Nature,Scope-Origin and Development in UK., U.S.A.,France and India – Sources- Administrative Law and Constitutional law -Rule of Law Concept, Evaluation Of Dicey’s concept of Rule of Law,Modern conception of Rule of Law, Rule of Law IN U.K.,U.S.A, and India,Rule of Law vis-à-vis Administrative Law- Doctrine of Separation of Powers-Meaning, Origin, Montesquieu’s Doctrine of Separation of Powers, System of Checks and Balances, Position in U.K.,U.S.A.., and India- Parliamentary Sovereignity in U.K., Limited Legislative Powers in U.S.A. and India- Classification of Administrative Action.. A. Nature of Powers – Executive , Legislative and Judicial B. Legislative Function-Quasi Legislative Functions-Administrative Directions C. Judicial Function – Quasi Judicial Function – Tribunals and Administrative Justice. Executive Function-Ministerial Functions and Discretionary Functions
Unit II — Delegated Legislation
Meaning , Nature, Origin , Development and Growth of Delegated Legislation, Types of Delegated Legislation and Constitutionality of Delegated Legislation-Delegated Legislation and Conditional Legislation, Sub-Delegation –Restraints on Delegation of Legislative Power, Doctrine of Excessive Delegation- Control over Delegated Legislation-Judicial, Procedural and Legislative Control-Administrative Directions and Delegated Legislations.
Unit III — Procedural Fairness and Judicial Review
Procedural Fairness and Judicial Review Principles of Natural Justice- Concept, Parameters and Application of the Principles of Natural Justice-Rule against Bias- Audi Alteram Partem or the Rule of Fair Hearing-Meaning, Object, Ambit and ingredients of Fair hearing, Institutional Decision, Post decision hearing –Reasoned decisions-Exceptions to the rule of Natural Justice-Effects of Breach of Natural Justice. Administrative Process and Judicial Review –Meaning and need for Judicial Review-Scope of Judicial Review, Jurisdiction of Supreme Court-Writ Jurisdiction-Appeal by Special Leave (Art. 136)-Scope and Object of Article136-Jurisdiction of the High Court- Judicial Review of Administrative Action through writs-Scope of the Writ Jurisdiction – against whom the writ lies-Territorial extent of Writ Jurisdiction- Relief against an Interim order –Interim Relief (Art.226 (3)- - Locus standi – Kinds of Writ-Grounds for issue of Writs-Principles for the exercise of Writ Jurisdiction, Alternative Remedy Laches or Delay- Res Judicata-Public Interest Litigation and Locus Standi-Doctrine of Legitimate Expectation and Doctrine of Proportionality. Statutory Remedies- Injunction-Declaration against the Government-Exclusion of Civil Suits: Privileges and Immunities of Government in legal Proceedings- Privilege to withhold documents-Miscellaneous Privileges of the Government–Notice,Limitation, enforcement of court order- Binding nature of Statutes over the states action-Promissory Estoppel- Right to information Judicial Control of Administrative Discretion- Meaning , Nature and Need of administrative Discretion-Ground and Extent of Judicial Review- Fundamental Rights and Discretionary Power Liability of the state –Liability of the State in Torts and Contracts.
Unit IV — Ombudsman, Lokpal, Lokayakta and Central Vigilance
Ombudsman, Lokpal, Lokayakta and Central Vigilance Commission Meaning, Object,Main Characteristics, Need and Utiltiy –Origin and Development of the Institution-Ombudsman in New Zealand – Ombudsman in England(Parliamentary Commissioner)-Ombudsman in India- Lokpal-Lokayukta in States-Central Vigilance Commission.
Unit V — Administrative Tribunals and Public Undertaking
Administrative Tribunals-Meaning, Nature, Main Characteristics ,Origin and Development (U.S.A,U.K, and India)-Franks Committee- Tribunal and court, similarity and difference- Reason for growth of Admininstrative Tribunals-Merit and Demerits of Administrative tribunals-Procedure and Powers of Administrative Tribunal (U.K.,U.S.A. and India) Tribunal under Constitution-High Court’s Superintendence over Tribunals-Appeal to Supreme Court by Special Leave- Working of the Administrative Tribunal-Administrative Tribunals under Administrative Tribunals Act,1985-Administrative Procedure Act in U.S.A-Domestic Tribunal. Public Undertaking- Object, Importance, Characteristics, Classification, Reason for the growth-Working of Public Corporation- Rights ,Duties and Liabilities of Public Corporations-Control over Puplic Corporations, Government Control, Parliamentary Control,Judicial Control, Public Control-Role of Ombudsman in Public Undertaking.