Dear Reader,Please note that I have not written down notes for 3.4 (Administrative Appeal), 4.4.2(Constitutional imperatives and use of discretionary authority), 4.4.4 (Non-exercise of discretionary power), 5.3 (Exclusion of judicial review), 5.4 (Suits against administration),6.2.6 (Doctrine of legitimate expectation). For 3.4, you just need to know the meaning of administrative appeal, for 4.4.2 you just have to show how administrative discretion must beused to carry out constitutional directions, for 4.4.4 just write how discretion may bequestioned on the ground of non-exercise of such power. With respect to 5.3, you need writedown that HC’s power of judicial review cannot be excluded and mention L. Chandra Kumar’scase, for 5.4 you need to write down how the government and other authorities can be broughtunder the writ jurisdiction of the courts. Please remember that the writs to be used here areHabeas Corpus, Mandamus and Quo Warranto. Certiorari and Prohibition deal with judicialauthorities primarily. As far as 6.2.6, the doctrine of judicial expectation means that when theexecutive declares that it shall do a particular thing, there is a legitimate expectation on the partof the public that the government shall do the same with reasonable care and caution. Also, mynotes under the RTI Act are incomplete. For this part you need to know about the informationwhich may be disseminated as such, authorities and basic procedure under the act. Also, asregards the functions of ombudsman, just mention general functions and nothing more. Further,the important chapters for the examination are Chapter 1 (2 questions), 2( 2 questions), 4 (1question), 1 or 2 short notes with respect to the writs and 1 question with respect to the RTIAct.The source of my notes is MP Jain and class notes. The reading material consists of a total of 59 pages. Kindly let me know incase any doubt arises.RegardsAnkita
Unit I- Evolution, Nature and Scope of Administrative Law1.1 Change in the concept of state-from laissez faire to Social Welfare state
Administrative law is recognised as the most outstanding legal development of the 20
century was characterised by the welfare state wherein there was minimumgovernment control, free enterprise, contractual freedom, etc. Individualistic theoriesflourished in this period.3.The state played a negative role. It was primarily a police state which helped inmaintenance of law and order, protecting the nation from external aggression,dispensing justice to its citizens and collecting taxes for financing such activities.
However, in the 20
century, the evils of this system were realised. Due to contractualfreedom and freedom of enterprise, there was unequal distribution of wealth. This led to