Administrative Law - 4 Credits
I. Introduction - Definition, origin and growth of administrative law – from
laissez faire to welfare and to technological state - separation of powers: US,
British and Indian experiences – prominence of the executive – co-terminous
nature of the legislative and executive powers - Rule of law and droit
administratif - Classification of administrative powers
II. Delegated legislation - Delegated Legislation - factors leading to its growth –
kinds of delegated legislation –skeleton legislation – conditional legislation;
Legislative control over delegated legislation - laying – question and debates
in the legislature – subject committees; People's control – consultation of
interests – publication before and after formulation; Judicial control –
constitutionality of the parent Act or delegated legislation - Doctrine of ultra
vires: substantive and procedural –unreasonableness – restrospective rules -
exclusion of judicial review; Legislative control over delegated legislation;
Administrative directions.
III. Judicial Review of administrative action - grounds - ultra vires of the
constitution and the law - doctrine of proportionality –legitimate expectation;
Procedural defects – violation of natural justice: bias, hear the other side and
need to state reasons; Discretionary powers – self-imposed fetters, abuse of
discretion, malafides improper purpose, arbitrariness, unreasonableness,
irrelevant considerations and non-application of mind; Methods of judicial
control – writs: mandamus, certiorari, prohibition, and quo warranto –
Articles 32 and 226 of the Constitution – injunction – damages –
compensation; Limits of judicial review - locus standi, laches, exhaustion
alternative remedies; Institutional decision
IV. Regulatory Authorities, Tribunals and public corporations; concept of
tribunal and authorities - statutory regulatory bodies – SEBI, Telecom
Regulatory Authority of India, Insurance Regulatory and Development
Authority of India, Electricity Regulatory Commission etc - Administrative
tribunals – Public corporations: structure, functions and control
V. Good governance and supervising agencies - Right to Information and open
government - promissory estoppel - contractual liability - governmental
liability in tort - Ombudsmen: Lokpal and lokayukta - Central Vigilance
Commissioner - Comptroller and Auditor General – other mechanisms of
preventing maladministration and corruption- Right to Service- Protection of
Whistle Blowers
Readings:
1. Jain and Jain Principles of Administrative Law (LexisNexis) (7th ed. 201).
th
2. C.K. Thakker Administrative Law (Eastern Book Company) (7 th
ed. 2011).
3. I.P. Massey Administrative Law (Eastern Book Company)
th
(7 ed. 2008).
4. Wade and Forsyth Administrative Law (Oxford) (10 ed. 2009).
5. Craig Administrative Law (Sweet & Maxwell)th (6th ed. 2011)
6. S.P.Sathe Administrative La, (LexisNexis) (7 ed. 2006)
7. N.K.Jayakumar Administrative Law (Prentice-Hall of India Ltd.) (1st ed. 2005)
8. De Smith Judicial Review (Sweet & Maxwell) (6th ed. 2009)
9. MP Jain Cases on Administrative Law (LexisNexis) (1994)
