THE ICFAI UNIVERSITY DEHRADUN

NAME OF SUBJECT: ADMINISTARTIVE LAW,

BBA.LL.B Vth Year
Fifth Year- Semester X
Section: - A/B
ICFAI Law School, Dehradun
Mr. Vishal Bera
Faculty Associate

Email: vishal.bera@iudehradun.edu.in

Office Hours: 9.00 a.m.to 6.00 p.m.

Chamber Consultation Hours: 4 to 4.45 p.m. on all working days

1. Instruction Details

Course Credit: 3.0

Course Duration: 44 + 6 Sessions of 50 minutes each.

TIME TABLE

Day/Time 9.20- 10.15- 11.10- 12.05- 1.00- 1.55- 2.50-

10.10 11.05 12.00 12.55 1.50 2.45 3.40

Monday

Tuesday

Wednesday

Thursday

Friday

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2. Course Details

Administration is an individual’s interface with the State. Due to radical change in the philosophy regarding the
role and function of the state (from laissez faire to welfare), the opportunities of interaction with administration
have increased manifold and continue to increase further. The situation is such that administrative actions
impinge on every aspect of an individual’s life. Due to unprecedented rise in state intervention in an
individual’s (whether citizen or non-citizen) life, the possibilities of accumulation of uncontrolled power and of
arbitrariness in its exercise too has increased. This in turn has started adversely affecting legal rights granted to
an individual by the law. Therefore, administrative law has been systematically developed as an instrument to
ensure that the powers entrusted or delegated to the administrative authorities are exercised strictly in
accordance with the law. Its rapid growth in the 20th century is regarded as the most significant development in
the field of law. It deals with legal framework governing public administration and the principles to control
executive power to avoid arbitrariness.

2a. Objective: The overall objective of the Course is as follows:

Course Objective:

1. To provide a detailed understanding regarding the functioning of administrative authorities

with respect to citizens of India.
2. To analyse the legal framework governing public administration and role of executive powers.

2b Learning Outcomes: on successful completion of the course, students should be able to:

1. Discuss the basic doctrines of administrative law, to describe delegated legislation and quasi
legislation, to discuss the concept and components of natural justice.
2. Explain the difference between discretionary functions and ministerial functions.
3. Enumerate grounds on which judiciary may review administrative actions and explain the
related doctrines.
4. Examine the importance, merits and demerits of quasi-judicial bodies.
5. Critically analyze the grounds to obtain remedies against government.
6. Demonstrate the functioning of different institutions for redressal against maladministration.

2c. Instruction Methodology:

Pedagogy:

• Online / Direct Learning (ICT Learning Teaching, Board)

o Zoom Meeting, Google Class Room, YouTube, Microsoft Team

• Inquiry-based Learning
o Question-Answer Sessions

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o Research projects
o Implementation based learning

• Flipped Classrooms
o Lecture notes
o Power point Presentations
o Any other subject related material uploaded on website/Group mail.

• Differentiated Instructions
o For High Achievers: Peer to peer teaching and learner support, Assignments and
Important questions and Indirect and general questions will be discussed.
o For Slow Learners- Remedial Classes and additional support classes.

2d.Text Book

1. Jain M. P., and S. N. Jain, Principles of Administrative Law. Nagpur: Lexis Nexis, India, 2010.
2. Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.
3. Basu, Durga Das. Administrative Law.
4. Sathe, S. P. Administrative Law.LexisNexis, India, 2004 (2010).
5. Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.
6. Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.
7. Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.
8. Administrative Law - Leading Cases Materials & Q.A. – Ashok K.Jain
9. Administrative Law - Prof. U.P.D.Kesari & Dr. Aditya Kesari
10. Administrative Law – Dr. Kailash Rai

Suggested Reference

1. Upendra Baxi, Developments In Indian Administrative Law, Public Law in India, 1982.
2. A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931.
3. V.N. Shukla, Constitution of India, 2008.
4. M.P. Jain, Indian Constitutional Law, Lexis Nexis, 2018.

2e. Assignment:

The students will be given one assignment and one presentation tests. The assignment comprises
practical situations based on administrative law and contemporary case study of various law and
theory etc. Pertaining to the chapters, Administrative Law, lacunae of law & theory, analysis and
policy check. The presentation test will be on the given topic with the help of power point
presentation.

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The students must submit their assignment on or before the given date. The evaluated assignmen t f ile
can be seen from the faculty after five working days. Late submission will lead to fewer marks
awarded for the assignment component at the end of the semester.
The students must give their presentation on the given date without fail. Late presentation will lead to
fewer marks awarded for the presentation component at the end of the semester.

2f. Prerequisites to learning- The student should have the basic knowledge of MS-Office particularly MS-
Word and PowerPoint.

2g.Tentative Sessions Schedule

Sl. Date and Num Unit TOPIC Pedagogy % of Extended

No Session ber syllabus Activity
of covered
Lect
urers
1 • Evolution, Nature and Scope of Direct 5 Case
Administrative Law, Laissez- Method/ Study
I faire State, Social Welfare State, ICT and
2 and Modern State, Comparative Digital
evolution Support
2 • Definition, Nature and Scope, Direct 14 Case
Relationship between Method/ Study
2 I Administrative Law and ICT and
Constitutional Law. Digital
Classification of Functions Support

3 • Doctrine of rule of Law, Direct 18

Doctrine of Separation of Method/
3 powers. ICT and
I
Digital
Support

4 • DELEGATED LEGISLATION Direct 25 Case

AND QUASI LEGISLATION: Method/ Study
3 • Concept, Growth and ICT and
II
Development, Classification Digital
Support

5 • Comparative position in UK, Direct 30 Case

II USA and India, Method/ Study
3 ICT and

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Sl. Date and Num Unit TOPIC Pedagogy % of Extended

No Session ber syllabus Activity
of covered
Lect
urers
Digital
Support

6 • Excessive Delegation, Direct 35

Constitutional Limits, Control Method/
3 Mechanism. ICT and
II
Digital
Support

7 • NATURAL JUSTICE: Direct 40 Case

• Concept, Growth, nemo judex in Method/ Study
3 causa sua, Rule against bias, ICT and
III
audi alteram partem, Right to be Digital
heard Support

8 • Recent requirements of Natural Direct 45 Case

Justice-Reasoned decision & Method/ Study
2 Right to legal Representation, ICT and
III Expanding Horizon of Natural Digital
Justice Support

9 • Duty to Act Fairly & Legitimate Direct 50

3 Expectation, Other procedural Method/
norms, Exclusion of Natural ICT and
III
Justice Digital
Support

10 • Exceptions to Principles of Direct 55

Natural Justice, Effect of failure Method/
2 to comply with Principles of ICT and
III Natural Justice. Digital
Support

11 • ADMINISTRATIVE Direct 60
IV DISCRETIONARY POWERS Method/
• Discretionary powers, Judicial ICT and

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Sl. Date and Num Unit TOPIC Pedagogy % of Extended

No Session ber syllabus Activity
of covered
Lect
urers
Control over administrative Digital
1 discretion Support

12 • Fundamental Right and Direct 65

administrative discretion, Method/
Reasonable Exercise of Power ICT and
IV and Wednesbery principle. Digital
Support

13 • JUDICIAL REVIEW OF Direct 70 Case

ADMINISTRATIVE ACTION Method/ Study
1 • Grounds of Judicial Review of ICT and
V
Administrative Action, Digital
Constitutional Remedies, Private Support
Law Remedies,
14 • Doctrine of Legitimate Direct 75
Expectation, Doctrine of Public Method/
3 Accountability, Doctrine of ICT and
V Proportionality, Laches, and Digital
Exclusion of Jurisdiction. Support

15 • Doctrine of Public Direct 78

3 Accountability Method/
ICT and
V
Digital
Support

• Doctrine of Proportionality, Direct 80

1 Laches, and Exclusion of Method/
Jurisdiction. ICT and
16 V
Digital
Support

• Direct 82 Case
1 Method/ Study
V
ICT and
Digital

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Sl. Date and Num Unit TOPIC Pedagogy % of Extended

No Session ber syllabus Activity
of covered
Lect
urers
Support

Direct 84
• Concept of administration Method/
3 adjudication, Reason for the ICT and
V
growth, Digital
17
Support

• Administrative Tribunals. (The Direct 86

establishment of Tribunals Act, Method/
2 1985 and its Main Objectives ICT and
VI
and Salient features) Digital
Support

• REMEDIES AGAINST Direct 88 Case

3 ADMINISTRATIVE ACTION Method/ Study
18 INCLUDING WRIT ICT
VI and
JURISDICTION
• Concept and Need, Ombudsman, Digital
Ombudsman in India Support
• Lokpal, Lokayukta in States,
2 (Lokpal and Lokayukta Act,
VI
2014 and its Salient features and
the Main objectives)
• Central Vigilance Commission Direct 90
3 VI Method/
19 ICT and
Digital
2 • Right to Information (Right to Support
Information Act, 2005 and its
VI Salient features and the Main
Objectives).
• Cases – Vineet Narain v. Union
of India (1998) 1 SCC 226.
• Development of the concept of Direct 95
VI state liability, tortious liability, Method/
3 contractual liability ICT and

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Sl. Date and Num Unit TOPIC Pedagogy % of Extended

No Session ber syllabus Activity
of covered
Lect
urers
Digital
Support
20
• privileges of government, Direct 100 Case
2 doctrine of estoppel and waiver. Method/ Study
ICT and
VI
Digital
Support

3. Flipped Classroom:

• Lecture notes delivered in class

• Power point Presentations by students
• Any other subject related material uploaded on Whatsapp group/Group mail from time to time.

4. Differentiated Instructions:

For High Achievers: Peer to peer teaching and learner support, Assignments and Important topics
and Indirect and general questions will be discussed.
For Slow Learners- Remedial Classes and additional support classes. Including the cabin
consultation.

5. Academic Integrity Policy:

• Students are expected to follow the Rules of Conduct and Academic Behavior standards as
detailed in the Student Regulation hand book. Failure to comply with these rules may result in
disciplinary actions as stipulated in the Students Regulations.

• Note: Copying and plagiarism in any form for any of the evaluation components will result in zero
marks.

6. Evaluation Scheme

• Continuous evaluation will be conducted as per the guidelines of the University. It is continuous
and spread throughout the course; hence absenteeism from class may be detrimental to learning.
The details of the evaluation components are given below:

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Sl. Evaluation Weight Date of Learning Questions Date of

No Component evaluation Outcomes from the Completion of
following Evaluation
sessions
1 Pre Mid Semester

Assignment : Case As per the Analytical

As per the time
Study Discussion, time Approach
2 10 table/evaluatio
Presentation and Viva table/evaluat
n schedule
(Rubrics) ion schedule

Post Mid Semester

3 5
Presentation/Viva

5 Attendance 5

6 Internal Marks 30

7 Comprehensive Exam 50

Total 100

Assignment :

Performance Original Accurate Over all Timely Total Score

Criteria Reproduction Information Presentation submission

Excellent 04 04 01 01 10

Good 03 1.5 1.5 1 7

Average 02 1.5 0.5 1 5

Poor 01 01 0.5 1 3

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Presentation:

Performance Topic Analytical Communication Expression Total Score

Criteria Analysis approach

Excellent 1.5 1.5 1.5 0.5 5

Good 1.5 01 1 0.5 4

Average 1.5 0.5 0.5 0.5 3

Poor 0.5 0.5 0.5 0.5 2

5a –Mid Semester Examination: (30 marks)

The Mid Semester examination will be conducted for 30 marks Assessment by three quiz competitions.

( 10×3= 30)

5b - End Semester Examination: (50 marks)

The End Semester examination will be of 50 marks theory 2 hour duration each.

5c.Attendance: (5 marks)

75% to 80% = 02 marks.

81% to 85% = 03 marks.
86% to 90% = 04 marks.
91% to 100% =05 marks.

ACHIEVED RESULTS for -

PROJECTED RESULTS for

RESULT ACHIVED for

Note: to be given after Comprehensive examination evaluation

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