SUBJECT: Administrative Law –II

Faculty in Charge: Dr. Sushma Sharma

Associate Professor
NLIU, Bhopal
(1) Introduction :
The five Units of this course are chosen with
an intention to discuss about some newly
advanced and complicated areas of
administrative law. The course covers the
details about administrative discretion and
different kinds of controls over it and includes
the very important topic of constitutional
safeguards provided to civil servants in India.
This part covers the Doctrine of Pleasure in
England and India and the riders over it. The
course has also been carved to include the
judicial review of administrative actions,
which covers the in depth study of the writs
mandamus, prohibition and certiorari and also
includes the study of administrative justice
system, adoption of droit administratif, the
study of Frank’s Committee Report and the
study of ; Tribunals, Inquiries, and Regulatory
authorities. The study of the concept of
Ombudsman, Lokpal and Lokayuktas in India
and a comparative study of ombudsman
system in the world is also included. The Law
related to government contracts is explained in
Unit IV. In the end, in Unit V is related to
judicial control of administrative action which
covers the study of Constitutional and Private
law remedies against administrative faults. In
this manner the course content is framed with
a view to develop and understanding about the
expending dimensions of administrative law.

(2) Objectives:
At the end of this course the students will
be able to:
 define administrative discretion and
the kinds of it.
 describe various grounds to challenge
the conferment and exercise of
administrative discretion.
  explain the scope and application of
the three writ remedies; mandamus,
prohibition and certiorari.
 present the doctrine of pleasure and
Constitutional restrictions on it along
with the exceptions.
 state the justification and advantages
of mechanisms of administrative
justice, including tribunals.
 explain the various doctrines and their
application over administrative
process.
 public undertakings, their
organization, classification and
controls.

(3) Coverage:-
Unit-I
Administrative Discretion
1.Introduction, definition , meaning
2.Difference between different kinds of
functions of administrative process
3. Ministerial and discretionary powers
4.Administrative discretion and Rule of Law
 5.Need for Controls over administrative
Discretion
6.Legislative Control
7. Administrative Control
8.Judicial Control

Unit –II
Constitutional Safeguards to Civil Servants
1.Doctrine of Pleasure in England
2.Doctrine of Pleasure in India
3.Restrictions on Doctrine of Pleasure
4.Exceptions of Doctrine of Pleasure

Unit-III

1.Ombudsman, Tribunals, Inquiry

Commissions and Regulatory authorities
2.Ombudsman system in Commonwealth
Countries and Scandinavian Countries.
3. Lokpal and Lokayukta
4.Need of Administrative Justice System
5.Adoption of Droit Administratif
6.Tribunals in India
7.Regulatory Authorities
Unit -IV
Contractual Liability of the Government
1. Constitutional Provisions
2.Requirements of Government Contract,
Valid Contract
3. Effect of Non Compliance
4. Quasi Contractual Liability
5. Contractual Obligations and writs

Unit -V
Judicial Control of Administrative Action

1.Development of Judicial Review

2.Habeous Corpus
3.Writ of Mandamus
4.Writ of Prohibition
5.Writ of Certiorari
6.Quo Warranto
7.Private Law Remedies
8.Injunction
9.Declaration

(4) Teaching Methodology:

 A combination of Lecture Method and
Case study method has to be adopted.
Discussion over the topics is to be
generated in the class room. Assignment
will be given to the students to ensure their
participation in the learning process and to
access their understanding. Problem based
/hypothetical questions will be asked to
facilitate the application of the law learned
by them.

(5) Readings:

a.Essential Reading in addition to Course

Material:

i. JAIN, M.P. & JAIN, S.N., PRINCIPLES

OF ADMINISTRATIVE LAW( Nagpur:
Lexis Nexis, Butterworth’s Wadhwa.

b.Recommended Readings
Books-
i. Wade, H.W.R. ADMINISTRATIVE
LAW( Oxford: Chlarendon
Press,1971)
ii. Thakkar , C.K. ADMINISTRATIVE
LAW( Lucknow: Eastern Book
Company)
iii. Massey I.P., ADMINISTRATIVE
LAW( Lucknow: Eastern Book
Company)
iv. Sathe S.P., Administrative Law(
Delhi: Lexis Nexis Butterworths,
2008)
v. Scott, David, Felix Alexandria (
London: Cavendish Publishing
Limited)