School of Law and Governance
BALAW4005C04 L T P C
Administrative Law
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Pre-Requisites//Exposure Constitution of India
Co-requisites
Semester IV
Programme B.A.LL.B.(H.)
1.0 Course Description
As our constitution of India envisaged a social order free from any kind of exploitation and
assuring an equal opportunity to everyone in this country. This constitutional goal completely
transformed and revolutionized the function of state. The state has started interfering in the
day to day life of citizens at every point of time in the name of development of the country
therefore need was felt to control the un-ruling activities of the state. That need actually
brought the administrative law into existence, to regulate the functioning of the state. This
branch of law consist the concept of rule of law, separation of power etc. Rule of law requires
the administration of justice which shall be provided by following the principles of natural
justice i.e. no man should be left unheard and no one can be judge in his own case. It also
establishes the administrative Tribunals to adjudicate the dispute in order to provide justice
by adhering the principles of natural justice and using administrative discretion.
2.0. Course Objectives
Administrative Law carries a very important role in today’s curriculum of every law school.
Its study has following objectives:
1. To understand the reason of growth of administrative law.
2. To find out the relationship between Constitutional law and Administrative Law.
3. To examine the place of rule of law, Separation of Power in governance of India.
4. To understand the importance of Delegated legislation and mechanism to control
excess.
5. To analyse the role of Natural justice Principles in Administration.
6. To find out the limitation on administrative actions.
7. To assess the scope of government contract and vicarious liability.
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8. To evaluate the structure and policies of control mechanism of administrative
authorities and assess the role and function of Administrative tribunal, Ombudsman
and CVC.
3.0 Course Outcomes
After completion of the course student will be able:
1. To understand administrative law, its need and relevance in present society.
2. To understand and analyze some basic concept like Rule of Law, Separation of
Power, and Droit Administriff Etc.
3. To understand the role of administrative authorities, it establishment, need or
relevance of administrative authorities.
4. To understand the rule-making and decisions making power of the administrative
Authorities and also analyze the control mechanism over administrative authorities
5. To analyse the role Principles’ of Natural justice to be followed by Administrative
Tribunals in adjudication of disputes.
6. To analyze the functioning of Ombudsman, CVC and also the difficulties which are
faced by these institutions in functioning?
7. They will come to know about government’s liabilities in respect of wrong, whether
Contractual and Tortuous.
8. Students will develop a capacity to understand the role of administrative law in
various facets of governance.
5.0. Evaluation Scheme:
30% - Continuous Internal Assessment (Formative in nature but also contributing to
the final grades).
70% - End Term External Examination (University Examination).
6.0 Course Contents
UNIT I: Weightage 15%
INTRODUCTION OF ADMINISTRATIVE LAW
1. Nature and Scope of Administrative law
2. Growth of Administrative Law
3. Difference between Administrative law and Constitutional law
4. Droit Administratiff
5. Rule of Law and Separation of Power
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Relevant Cases
1. Aitbari Tea Co. vs. State of Assam, AIR 1961 SC 232
2. Express Newspapers v. Union of India, AIR 1958 SC 578
3. Kameshwar Prasad v. State of Bihar, AIR 1962 SC 1166
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
UNIT II: Weightage 10%
ADMINISTRATIVE ACTIONS / ADMINISTRATIVE DISCRETION
1. Legislative, Administrative and Judicial Actions
2. Classification of Administrative Actions
3. Administrative Instructions and Administrative Discretion
Relevant Cases
1. In re Delhi Laws Act, AIR 1951 SC 332
2. Maneka Gandhi v. Union of India, AIR 1978 SC 597
3. A.K.Kraipark v. Union of India, AIR 1970 SC 150
4. R.D.Shetty v. International Airport Authority, AIR 1979 SC 1628
5. Union of India v. Charanjit S. Gill, AIR (2000) 5 SCC 742
6. State of West Bengal v. Anwar Ali, AIR 1952 SC
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book
Company,Lucknow
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2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
UNIT III: Weightage 15%
DELEGATED LEGISLATION AND ITS CONTROL
1. Meaning Need and Development of Administrative Rule-making
2. Constitutionality and Limits of Delegated Legislation
3. Classification of Delegated Legislation
4. Control of Delegated Legislations, Procedural – Parliamentary - Judicial
Relevant Cases
1. In re Delhi Laws Act, AIR 1951 SC 332
2. Field v. Clark, 143 US 649 (1892)
3. Emperor v. BenoariLal, AIR 1945 PC 48
4. R v. Burah, (1878) 3 AC 889
5. HamdardDawakhana v. Union of India, AIR 1960 SC 554
6. Air India v. NargeshMeerza, AIR 1981 SC 1829
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
UNIT IV: Weightage 15%
PRINCIPLES OF NATURAL JUSTICE
1. Principles of Natural Justice and its legal implication
2. Nemo debt ease judex in propriacausa
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3. Audi alterampartem
4. Post decisional hearing
5. Exceptions to the rule of Natural Justice
Relevant Cases
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
2. A.K.Kraipark v. Union of India, AIR 1970 SC 150
3. Ridge v. Baldwin, 1964 AC 40
4. Union of India v. Tulsiram Patel (1985) 3 SCC 398
5. Tata Cellular v. Union of India, (1994) 6 SCC 651
6. In re Vinay Chandra Mishra, (1995) 2 SCC 584
7. HiraNath Mishra v. Rajendra Medical College, AIR 1973 SC1260
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
UNIT V: Weightage 15%
JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS
1. Jurisdiction of the Supreme Court U/A 32 and 136 and High Courts U/A 226 and 227
2. Private Law Review – Injunction – Declaration - Damages
3. Public Law Review – Certiorari – Prohibition – Mandamus – Quo Warranto – Habeas
Corpus
4. Res Judicata, Ouster / Finality Clause
5. Doctrine of proportionality – legitimate expectation – public accountability
Relevant Cases
1. Som Prakash Rekhi v. Union of India, AIR 1981 SC 212
2. NeerjaChaudhury v. State of M.P., AIR 1984 SC 1099
3. Daryao v. State of U.P., AIR 1961 SC1457
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Suggested Readings
1. DeSmith’s Judicial Review (5th edition) – De Smith - Sweet & Maxwell – Thomson
Reuters
2. Judicial Control of Administrative Action (2nd edition) – Justice B.P.Banerjee –
LexisNexis Butterworth Wadhwa
3. Res Judicata( Indian Reprint 2006) - Spencer Bower, Turner & Handley –
LexisNexis Butterworth Wadhwa
UNIT VI: Weightage 10%
ADMINISTRATIVE TRIBUNALS
1. Difference between Tribunals and Courts
2. Characteristic of statutory Tribunal
3. Central Administrative Tribunal
Relevant Cases
1. S.P.Sampath Kumar v. Union of India, (1987) 1 SCC 124
2. L.Chandra Kumar v. Union of India, (1997) 3 SCC 261
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P. Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P. Jain& S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
UNIT VII: Weightage 10%
OMBUDSMAN AND LOKPAL
1. Ombudsman and its development
2. Lokayuktas and Lokpal
3. Central Vigilance Commission
Relevant Cases
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
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2. A.K.Kraipark v. Union of India, AIR 1970 SC 150
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (7th edition) – M.P. Jain & S.N.Jain – LexisNexis Butterworth
Wardha
UNIT VIII: Weightage 10%
PUBLIC CORPORATIONS
1. Government Companies and Public Corporation
2. Kinds of Public Corporations
3. Status of employees and government servants
4. Control of Statutory Corporation – public - parliamentary – governmental – judicial
Relevant Cases
1. State Trading Corp of India Ltd. v. C.T.O., AIR 1963 SC 1811
2. R.C.Cooper v. Union of India, AIR 1970 SC 564
3. Sukhdev Singh v. Bhagatram, AIR 1975 SC 1331
4. Fertiliser Corp Kamgar Union v. Union of India, AIR 1981 SC 344
Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
Module IX:
SERVICES UNDER GOVERNMENTS
1. Legal and Constitutional safeguards for government servants
2. Civil servant – Public servant – Government servant
3. Doctrine of Pleasure and its limitation
Relevant Cases
1. Union of India v. Tulsiram Patel, AIR 1985 SC 1416
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Suggested Readings
1. Law of Suspension – M.S.Nila – Eastern Book Company, Lucknow
2. Law & Procedures for Departmental Enquiries – B.R.Ghaiye - Eastern Book
Company, Lucknow
3. Domestic Enquiry, MarkandeyKatju, LexisNexis Butterworth
4. Service Law relating to Government & Public Undertakings, Samaraditya Pal,
Wadhwa
7.0. SELECT BIBLIOGRAPHY
1. De Smith’s Judicial Review (5th edition) – De Smith - Sweet & Maxwell – Thomson
Reuters
2. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
3. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
4. Judicial Control of Administrative Action (2nd edition) – Justice B.P.Banerjee –
LexisNexis Butterworth Wadhwa
5. Res Judicata( Indian Reprint 2006) - Spencer Bower, Turner & Handley –
LexisNexis Butterworth Wadhwa
6. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
7. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
8. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
9. Administrative Law – U.P.D.Kesari – Allahadabad Law Agency
10. Administrative Law (5th edition 2012) – C.K.Takwani - Eastern Book Company,
Lucknow
11. Law of Suspension – M.S.Nila – Eastern Book Company, Lucknow
12. Law of Bias and Mala fides – A.S.Misra - Eastern Book Company, Lucknow
13. Law & Procedures for Departmental Enquiries – B.R.Ghaiye - Eastern Book
Company, Lucknow
14. Domestic Enquiry, Markandey Katju, LexisNexis Butterworth
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15. Service Law relating to Government & Public Undertakings, Samaraditya Pal,
Wadhwa
16. Rule of Law in Free Society, N.R .Madhava Menon, Oxford
