SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under section 3 of the UGC Act 1956)

Re - accredited by NAAC with ‘A’ Grade
Founder: Prof. Dr. S. B. Mujumdar, M.Sc.,Ph.D. (Awarded Padma Bhushan and
Padma Shri by President of India)
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Sub Committee - Specialization for Curriculum Development

Under Graduate

Course Title: Administrative Law

Course Code: T1451

Number of Credits: 4

Level: 4

Learning Objectives:

1. To discuss the wider dimensions of administrative law, stressing links with public
administration and politics.

2. To understand and critically evaluate the process, principles and laws followed while
exercising administrative, legislative and judicial powers by the administrative
authorities.

3. To explain the functions of law in the administrative process and the controls on
powers of administrative authorities.

4. To apply administrative law principles to complex legal problems and critique the
operation of administrative law from a theoretical and practical perspective.

5. To study and analyse alternative dispute resolution, including public inquiries and

ombudsmen

Learning Outcome (s):

On successful completion of this course, students will be able to:
1. to understand the wider dimensions of the administrative law, stressing links with
public administration and politics.

2. understand and critically evaluate the process, principles and laws followed while
exercising administrative, legislative and judicial powers by the administrative
authorities.

3. learn the functions of law in the administrative process and the controls on powers of
administrative authorities.

4. apply administrative law principles to complex legal problems and critique the
operation of administrative law from a theoretical and practical perspective.

5. understand and analyse alternative dispute resolution, including public inquiries and

ombudsmen.

Pre-learning:

To understand and appreciate the course, the student should have studied courses on
Constitutional law I and Constitutional Law II

Course Outline

Sr.No. Topics Hours

1 Evolution, Nature and Scope of 8
Administrative Law-
1.1 Kinds of state, change in the concept of state-
from Laissez faire to social welfare state,
Doctrine of Parens patriae
1.2 increase in function of modern state
1.3 definition, nature and scope of administrative
law, Red and green light model of Administrative
law,
A comparative study of administrative law and
constitutional law
1.4 Global Administrative law: an introduction
1.5 doctrine of separation of power: genesis and
translation in Indian context
1.6 Rule of law

2 Legislative powers of administration 6 hrs

2.1 Definition and need for delegated legislation
2.2 Development of Delegated legislationin India,
U.K and USA
2.3 Constitutionality of delegated legislation/
Doctrine of excessive delegation
 (a) Skeleton legislation
(b) power of Inclusion and exclusion
(c) Power of modification of statute
(d)power to impose tax
2.4 Conditional delegation and sub-delegation
2.5 Control of Delegated Legislation
(a) Legislative Control- (i)memorandum,
(ii)laying procedure
(iii)Parliamentary committees
(b) Judicial Control
(i)substantive ultra vires
(ii) procedural ultra vires – consultation of
affected parties and publication
3 Administrative Adjudication 07 hrs
3.1Meaning and reasons of growth of
administrative Adjudication
3.2 Distinction between quasi-judicial and
administrative functions
3.3 Principles of Natural Justice
(i) Nemo judex in re sua
(ii) Audi alteram partem
(iii) Speaking order
(iv) institutional decision
3.4 Administrative Appeal
3.5 High Court’s Superintendence over Tribunals
in the light of S. P. Sampat kumar and L.
Chandrakumar’s Case
4 Administrative Discretion-( reorganization of 7 hrs
content of the module)

4.1 Meaning and scope of discretion

4.2 need for administrative discretion
4.3 Failure to exercise discretion
4.4 abuse of discretion
4.5 Doctrine of Proportionality
4.6 Doctrine of legitimate expectation
4.7 wednesbury’s unreasonableness (newly
added area)
5 Remedies against Administration 06 hrs
5.1 Writs under Articles 32 and 226 of the
Constitution of India; Habeas Corpus, Certiorari,
Prohibition, Mandamus and Qua Warranto 
5.2 Procedural Aspects- Locus standi, Laches,
Res Judicata, Exhaustion of Alternative
Remedies 
5.3 Exclusion of Judicial Review- Exclusionary
Clauses 5.4 Suits against Administration 
Notice under Section 80, Civil Procedure Code,
1908 
5.5 Period of Limitation
6 Government Tortious Liability 03 hr
6.1 The Old view - Vidyawati to Kasturilal and
the later developments 6.2 Writs and damages for
Government torts  Contractual Liability of
Government

7 Government Privileges in Legal Proceedings 05 hrs

and RTI
7.1 Whether a statute binds the State?
(i)Government Privileges not to produce
documents (ii)The Official Secrets Act, 1923
7.2 Right to Information Act, 2005
(i)Social Movements and RTI
(ii)Judicial Approach on RTI
8 Inquiries and Investigation 03 hrs
8.1 Administrative Inquiry 
8.2 Statutory Inquiry 8.3 Parliamentary Inquiry
8.4 The Commission of Inquiries Act, 1952

9 Ombudsman in India: 02hrs

Lokpal and Lok Ayukta (should be shifted to
public Administration)
10 Service laws 1hr
Self-learning including projects, presentations, 10hrs
moot courts, simulation, exercises, film review,
news review, field visit, experiential learning,
guest lectures
Total 60hrs

Pedagogy:

1. Lecture
2. Discussion
3. Self-study
4. Projects

Books Recommended:

1. Jain M. P., and Jain S. N, Principles of Administrative Law, 7th Edition, Wadhwa
and company, Nagpur, (2011).
2. Massey I.P., Administrative Law, Eastern Book Company, Delhi, (2017).
3. C.K. Takwani, Lectures on Administrative Law, 6th Ed, Eastern Book Company,
(2018)

SUGGESTED READINGS
 Mark Elliott, Jason Varuhas, Administrative Law: Text and Materials, 5TH edition,
Oxford University Press (2017)

 Lorne Mitchell Sossin, Emily Lawrence, Administrative Law in Practice: Principles

and Advocac, Emond Montgomery Publications (2018)

 Loveland I., Constitutional Law, Administrative Law, and Human Rights A Critical
Introduction, 8th edition, Oxford Publication (2017)

 Allen M. and Thompson B., Cases & Materials on Constitutional and Administrative
Law, 10th edition, Oxford University Press (2011).

 Banerjee B.P. and Banerjee B.P., Judicial Control of Administrative Action, 2nd
edition, LexisNexis Butterworths Wadhwa (2012).
 Basu, D.D., Comparative Administrative Law, Kamal Law House, Kolkata, 6th
Edition, (2006)
 Bhandarkar’s S.P. and Despande K.H., Principles of Administrative law, Premier
Publishing Co. (2013).
 Cane Peter, Administrative Law, 5th edition, Oxford University Press (2011).
 Craig Paul, Administrative Law, Thomson Sweet & Maxwell, 6th edition, South
Asian edition (2011)
 Elliott Mark, Administrative Law Text and Materials, 3rd Edition, Oxford University
Press 2016
 Giussani E., Constitutional and Administrative Law, 1st edition, Textbook Series,
Thomson Sweet& Maxwell 2008
 Jain Kagzi M. C., The Indian Administrative Law, 7th edition, Universal Law
Publishing Co. (2014)
 Kesari U.P. D., Administrative Law, Central Law Publication.2016
 Leyland P. and Woods T. 8th(ed.), Administrative law facing the Future: Old
Constraints and New Horizons, Blackstone Press Limited 2016
 Masterman R., The Separation of Powers in Contemporary Constitution Judicial
Competence and Independence in the United Kingdom, Cambridge University Press,
2010
 Modjeska L., Administrative Law Practice and procedure, South Asian Edition, West
group (1982).
 Pai. V. S., Working of The Constitution Checks and Balances, Eastern Book
Company (2014).
 Parpworth N., Constitutional & Administrative Law, 7th edition, Oxford University
Press (2012).
 R. J., Administrative Law Treatise, Volume III Pierce, 5th edition, Aspen Publishers.
  R. J., Administrative Law Treatise, Volume I Pierce, 5th edition, Aspen Publishers.
 R. J., Administrative Law Treatise, Volume II Pierce, 5th edition, Aspen Publishers.
 Sathe, S.P., Administrative Law, Lexis nexis Butterworths, 7th edition, New Delhi
(2004)
 Sharma S R (ed.), Encyclopedia of Administrative Law, Anmol Publication, New
Delhi 1st Edition (2003)
 Spencer M. and Spencer J., Constitutional Law and Administrative Law, 6th edition,
Thomson Sweet & Maxwell.
 Taggart M.(ed.), The Province of Administrative Law, Hart Publishing (Oxford)
1997.

Suggested Assessment/ Evaluation Methods:

All external courses will have 40% internal component and 60% external component
[University] examination. Methodology of Internal Assessment will be components from
the following list of assessment methods:

 Seminar Presentations

 One written test

 Viva Voce

 Essays

 Project, Group projects and Dissertations

 Cases and open problems

 Work based Assessment

 Multiple choice Questions

 Problems

 Short Answer Questions

 Learning logs/ diaries

 Computer based Assessment

 Single Essay Examination

 Reflective practice Assignments

 Modified Essay Questions

 Simulation

 Objective Structured Clinical Examination

 Moot Court
Benchmarked against similar courses in other national/ international universities
/organizations

S. Name of the Course Name of University where it is

No. offered

1 Administrative Law NLSIU, Bangalore

2 Administrative Law NALSAR, Hyderabad

3 Administrative Law GNLU, Gujrat

4 Administrative Law Delhi University

5 Administrative Law NLU Delhi

Signature of Dean:

Date: