SYLLABUS

ADMINISTRATIVE law
b. a. ll. b. (hons.)
VII Semester
ACADEMIC YEAR 2022-23

Course Teacher: Dr. Sushma SharmA

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Introduction

Administrative law is the law that regulates administrative authorities. It regulates the
powers and duties of government and administrative authorities, and provides remedies for
maladministration and other administrative wrongs. The broad scheme of the course is that
the topics covering the discipline of administrative law have been covered in ten units. The
course therefore examines the growth and characteristics of Administrative Law, legal
safeguards over administration, judicial review of administrative actions, administrative
procedures, regulatory authorities, public corporations and the ombudsman institutions. Case
studies selected in the various units will assist the student in coming to terms with the
theories and principles of law and thus aid the understanding of the topics.

The ten units of this course are selected with an intention to discuss about some important
areas and also some of the newly advanced and complicated areas of administrative law. The
doctrines of separation of powers, rule of law and constitutionalism shall be discussed in
detail. Their analysis by the jurists and utility of the doctrines shall be discussed in detail.
Administrative law has been characterized as the most outstanding legal development in the
20th century in India. However, the administrative law was in existence even earlier, it is in
the twentieth century that its role in functions of the state has undergone a radical change.
The government has shifted from laissez faire to welfare state and the governmental functions
are multiplied manifold. Today the state is not merely a police state exercising sovereign
functions but it has progressive democratic roles to play in the society. State manages the
social welfare and security of the individuals and regulate the industrial relations also. State
controls over the production, manufacture and distribution of essential commodities and tries
to maintain equality for all the individuals. All of these developments widened the scope and
ambit of administrative law. Therefore, administrative law is recognised as that portion of
law which determines the organization, powers and duties of administrative authorities, it
includes the judicial control of administrative actions and the remedies which are provided to
the people against the administrative excesses.

Administrative law can be characterised as a discipline of law which involves the study of
relationship of different parts of our system of government, the study of different kinds of

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administrative power exercised by the administrative authorities and the mechanisms to
regulate that power. These entities, referred to as administrative authorities, located in the
executive branch of government and are usually charged with the day-to-day details of
governance. These bodies carry out these tasks by making decisions of various sorts and
supervising the procedures by which the decisions are carried out. Thus, administrative law is
the law that regulates administration. It regulates the powers and duties of government and
administrative authorities, and provides remedies for maladministration and other
administrative wrongs. The course is therefore designed to examine the growth and
characteristics of administrative law, administrative functions, discretion, tribunals, legal
safeguards over administration, fundamental rights, judicial review of administration,
administrative procedure, and the ombudsman. Case studies found in the various units will
assist the student in coming to terms with the theories and principles of law and thus aid the
understanding of the topics.

The ten units of this course are planned with an intention to discuss the basic concepts and
doctrines as well as to study about some newly advanced and complicated areas of
administrative law.
The syllabus connects these doctrines with constitutional provisions of India. It is important
know which provision in the constitution gives effect to these doctrines and which provisions
dilutes these doctrines. Constitutional Governance needs to be studied with connection with
the topic. The vast complexities of social and economic conditions of the modern age, and
the ever-growing amount of complicated legislation that is called for by the progressive
social necessities, have made it practically impossible for the legislature to provide rules of
law which are complete in all their details. Delegation of some sort, therefore, has become
indispensable for making the law more effective and adaptable to the varying needs of
society. The course covers various factors leading to the growth of administrative rule-
making, types of delegated legislation and method of its control. Also, the case laws related
to the method of control are covered. One of the most important sub - topic is the
constitutionality of delegated legislation and how courts through various case laws have
placed limitations upon delegation of legislative power.

The course covers the quasi- judicial functions, growth of tribunals, includes the study of
administrative justice system, adoption of droit administratif, the study of Frank’s Committee
Report and the study of; Tribunals and Regulatory Authorities, the development of principles
of natural justice and the emerging trends and judicial approach. These principles provide
important procedural rights in administrative decision-making. The principles now have a
wide application and are presumed by the courts to apply to the exercise of virtually all
statutory powers. Special focus shall be given to the interlinking the above topic with other
topic such as administrative discretion and how courts have applied natural justice principle
to control administrative discretion.

Administrative powers have been defined as the discretionary powers of an executive nature
that are conferred by the legislature on government, ministers, public and local authorities

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and other bodies and persons for the purpose of giving detailed effect to the policy intended
by the legislature itself. There have been question on judicial control mechanism of
administrative action which is exercised at two stages: One at the stage of delegation of
discretion, another at the stage of exercise of discretion or administrative action. The course
includes in detail the judicial review of administrative discretion and writ remedies The
course has also been carved to include the judicial review of administrative actions, in depth
study of the three writs mandamus, prohibition and certiorari and covers the questions like,
when can writs be issued or what type of writ will be issued in a particular circumstances.
Ombudsman( Lokayukta, Lokpal ) is a very important topic in the course which includes the
concept and a comparative study of ombudsman system in the world well as the concept of
ombudsman in scandinavian and common law countries, Lokpal and its basic features and
along with Lokayukta in different states, how they are appointed and procedure of removal
etc., and also the concept and a comparative study of ombudsman system in the world.
Special emphasis is done in a separate unit on the topic of public undertakings, the
classification of different kinds of public undertakings and the different kinds of controls over
public undertakings is elaborately covered. This course covers the legal principles governing
the administration and regulation and covers that how regulatory authorities work, how rules
are made, how regulatory functions are administered and the rules and relevant statutes
related to regulatory bodies. In this manner the course content is framed with a view to
develop and understanding about the expending dimensions of administrative law.

Course objectiveS

Basic objectives of the course are to make the students learn about the key concepts and
principles of administrative law. The students will be encouraged to think about the
application of administrative law and to discuss that how administrative law can and should
address the governance issues. The basic objectives of the course are to acquaint the students
with the following.-

 Meaning, nature and scope of Administrative Law.

 The growth and evolution of administrative law, the concept of rule of law,
separation of powers and droit administratif.

 The difference between delegated legislation, quasi-judicial actions and

administrative actions and to learn the various methods of control over them.

 The principles of natural justice their importance and application and the role of
judiciary in controlling administrative actions.

 The importance of Ombudsman and its functioning.

 The role and working of regulatory authorities in India.

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  How to think clearly, logically and rationally, creatively and critically and to
learn to apply the principles of administrative law to a given factual situations.

Learning Outcome

On the completion of this course, students are expected to:

Explain the nature and scope of Administrative Law, separation of powers and
recent developments on the subject.

Describe the role of rule of law in administration.

Discuss delegated legislation and control over it.

Explain the necessity of fairness and reasonableness in administrative decision

making.

Apply the principles of natural justice and fairness on administrative actions

and to identify areas for application of principles of Administrative Law.

Scope of judicial review of administrative actions and role of courts regulating

administrative actions.

Explain the significance and role of ombudsman in preventing corruption.

Discuss the functioning of regulatory authorities and their role in good

governance.

Apply the principles of Administrative Law in good governance

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Course Outline

Unit – I: Introduction

Nature and Scope – Definitions of Administrative Law –Reasons for Growth – Sources –
Comparison with Constitutional Law and Public Administration – Separation of Powers, Rule
of Law – Droit Administratif – Global Administrative Law

Unit – II: Classification of Functions

Difficulty in Characterization of Functions – Subordinate Legislation (Rule Making

Functions) Quasi-Judicial – Functions –Purely Administrative Functions – Difference
between the different kind of functions.

UniT– III: Subordinate Legislation and its Controls

Concept and Reasons for Growth– Advantages and Disadvantages– Classification –

nomenclature based classification, authority based classification (delegated legislation and
sub delegation), purpose based classification, authority based classification (subordinate
legislation and conditional legislation) – Essential Legislative Functions, Constitutionality–
Legislative Controls – Executive Controls – Judicial Control.

Unit IV: Administrative Discretion

Introduction, definition, meaning – Difference between different kinds of functions of

administrative process – Ministerial and discretionary powers – Legislative Control–
Executive Control – Judicial Control

Unit– V: Administrative Tribunals

Need of Administrative Justice – Adoption of Droit Administratif, Franks Committee –

Distinction between administrative tribunal, court and administrative authority – Tribunals in
India-Classification –Tribunals under Indian Constitution – Central Administrative Tribunal
– Jurisdiction of Tribunals, Inherent Jurisdiction – Inquiry Commissions

UNIT –VI: Principles of Natural Justice

Introduction – Right of hearing – Rule against bias – Speaking order – Exclusion of Natural
Justice – Breach of Natural Justice – Consequences of Breach of Principles of Natural Justice

Unit –VII: Ombudsman

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Concept of Ombudsman – Ombudsman in Scandinavian Countries – Ombudsman in
Common Law Countries – Lokpal and Lokayukta Act 2013
– Working of Lokpal – Ombudsman under other legislations, Banking Ombudsman,
Insurance Ombudsman— Compliance of the orders of Ombudsman

Unit –VIII Judicial Control of Administrative Action

Development of Judicial Review – Habeas Corpus – Writ of Mandamus Writ of Prohibition

– Writ of Certiorari – Quo –Warranto— Grounds of Judicial Review—Judicial Review of
Policy Matters

Unit – IX: Public Corporations

Definitions, Object, Characteristics – Classification – Rights and Duties – Legislative

Control – Executive Control – Judicial Control

Unit – X: Regulatory Authorities

Need and Origin–Nature and Functions – Growth of Regulatory Authorities in India –

Telecom Regulatory Authority of India, Insurance Regulatory and Development Authority, ,
University Grants Commission , Competition Commission of India, Food Safety and
Standards Authority of India

Reading List

Essential Reading

M.P. Jain and S.N. Jain, Principles of Administrative law ,

(Nagpur: Lexis Nexis, Butterworth’s Wadhwa, 7th Edition , 2017).

Recommended Readings

S.P. Sathe, Administrative Law (Nagpur: Lexis Nexis, Butterworth’s, 7th Edition, 2017)

I.P. Massey, Administrative law, (Eastern Book Company, 9th Edition, 2017, Reprint 2021)