Syllabus

ADMINISTRATIVE LAW
Semester VI

Teacher: Dr. Kaumudhi Challa

Ms. Neha Sinha

Administrative Law is the law relating to administration. It includes the structure, powers
and functions of the organs of administration, the limits of their powers, the methods and
procedures followed by them in exercising their powers and functions, the methods by
which their powers are controlled including the legal remedies available to a person
against them when his rights are infringed by their operation. However it is extremely
difficult to define administrative law and it includes all the facets because it changes
according to the social, economic and political changes. It is only in the twentieth century
that administrative law developed as a separate branch of legal discipline. This is due to
the changing role of the state from laissez faire to a welfare state. The expansion in the
functions of the state and enormous powers of the administration has given tremendous
capacity to the administration to affect the rights and liberties of the individual. Therefore
it has become important to control the administration in order to ensure that the
governmental functions are exercised according to law and protection is provided to the
individual against abuse of such power. Thus there arises the need for adjusting the
relationship between the government and the governed so that a proper balance may be
evolved between the private interest and public interest and rule of law is maintained.
This course is designed to give some insight into the body of administrative law in India.

Module I -INTRODUCTION
a. Definition, Nature, Scope and Significance of Administrative Law
b. Relationship between Constitutional Law and Administrative Law
c. Evolution and Development of Administrative Law – India, UK, USA and
France
d. Administrative Action- Meaning, Classification and Need to control
e. Basic Doctrines- Rule of Law and its application in India, Doctrine of Separation of
Powers and its relevance in Contemporary Times
Module II -DELEGATED LEGISLATION
a. Meaning of Delegated Legislation and its Growth
b. Delegated Legislation in USA and UK
c. Delegated Legislation in India- Comparison with USA & UK, Pre and Post
Constitutional Period
d. Rules and Principles of Administrative Rule making/ Delegated Legislation- Excessive
delegation, Permissible and Non permissible Delegated Legislation
d. Control Mechanisms of Delegated Legislation- Judicial Control, Parliamentary
Control, Procedural Control
f. Sub-delegation, Conditional Legislation

Module III- ADMINISTRATIVE ADJUDICATION

a.Administrative Adjudication- Meaning, Needs and Reasons for its growth
b. Problems of Administrative Adjudication
c. Mechanism for Administrative Adjudication –Quasi judicial bodies, Tribunals-
meaning, difference between tribunals and courts, its types- Statutory and
DomesticTribunals
d. Administrative Tribunal – Definition – Constitutional Status, Finality of decisions and
Judicial Review

Module IV -ADMINISTRATIVE DIRECTIONS

a. Meaning, Nature and Need for Administrative Directions
b. Directions and Rules
c. Enforceability of Administrative Directions

Module V - ADMINISTRATIVE DISCRETION

a. Meaning and significance of Administrative Discretion
b. Judicial Control of Administrative Discretion – At the stage of delegation of discretion
and Control at the stage of the exercise of discretion
c.Grounds of control

Module VI - PRINCIPLES OF NATURAL JUSTICE

a. Concept, Evolution and Importance
b. Principles of Natural Justice - Rule against Bias and Rule of Fair Hearing
c.Exceptions to Natural Justice
d. Violations of Natural Justice
e. Application of Natural Justice in India

Module VII – Review of Administrative Actions and Remedies

a. Judicial Review- Writ jurisdiction of Supreme Court and High Court, when the writs
can be issued, when the writs cannot be issued, principles of writ jurisdiction
b. Grounds of review –Illegality, Irrationality, Procedural Impropriety, Proportionality
c. Doctrines developed by Judiciary – Doctrine of Legitimate Expectation, Doctrine of
Proportionality, Doctrine of Reasonableness, Doctrine of Public Accountability, Doctrine
of Promissory Estoppel
d. Other remedies for administrative action- Judicial Review –Statutory
Remedies – Equitable Remedies –Ombudsman –Lok Pal and Lokayukta and other
miscellaneous remedies

Module VIII- LIABILITY OF THE ADMINISTRATION

a. Contractual Liability of the Administration –Constitutional and other
Provisions
b. Tortious Liability of the Administration –Constitutional and other provisions
c. Doctrine of Estoppel
d. Liability of Public Undertakings

Module IX- EMERGING TRENDS IN ADMINISTRATION

a.Good Governance and Administrative Law
b. Problems in good governance- Corruption- Prevention of Corruption Act
c. Right to know and Right to Information Act,2005
d.Global administrative law

Suggested References:
1. MP Jain and SN Jain: Principles of Administrative Law
2. I P Massey: Administrative Law
3. C K Takwani: Lectures on Administrative Law
4. D D Basu: Administrative Law

Further Readings:

1. S P Sathe: Administrative Law

2. M C Jain Kagzi: The Indian Administrative Law
3. O. Hood Philips and Jackson: Administrative Law
4. H.W.R. Wade and C.F. Forsyth: Administrative Law
5. Griffith and Street: Principles of Administrative Law
6. MC Jain KagziandBalbir Singh, A Casebook of Administrative Law
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