COURSE MANUAL

ADMINISTRATIVE LAW AND THE REGULATORY STATE

Spring 2024
(AY 2023-24)

Course Instructors:
Aditya Raghu Rayee
Arpan Acharya
Esha Rana
Gitanjali Balkrishna
Madhav Shankar
Sayan Mukherjee
Shivangi Priya
Shreya Shreekant
Sweta Lakhani

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 CONTENTS

PART I
General Information

PART II
a. Course Description
b. Course Aims
c. Intended Learning Outcomes
d. Assessment Components
e. Grading of Student Achievement

PART III
a. Keyword Syllabus
b. Course Policies

PART IV
a. Weekly Course Outline
b. Readings

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3
 PART I

General Information

General Information on, NAME OF THE COURSE, offered by Jindal Global Law School
of the AY 2023-24
The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.

This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst the third year Law
students for B.A.LL.B. (Hons), B.B.A.LL.B. (Hons); B.Com. LL.B. (Hons), B.A. (Hons)
Legal Studies, B.A. (Hons) Criminology and Criminal Justice; LL.B.; and LL.M. courses if
necessary.

Course Code: L-CT-0021

Course Duration: One Semester

No. of Credit Units: 4

Level: Undergraduate

Medium of Instruction: English

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 PART II

a. Course Description
The Administrative Law and the Regulatory State is a core course that primarily draws upon case
law and theoretical articles to build an in-depth understanding of functions and powers of the
burgeoning administrative branch of the State in the Indian context in particular, and the global
context in general. Building upon this conceptual understanding, the course seeks to enhance the
understanding of the relevant contemporary issues concerning administrative law. The course
also has a strong comparative component, and specifically focuses upon some of the key
administrative law trends in the U.S. and U.K.
b. Course Aims
At the end of the course, it is hoped that the students will be able to: comprehend the concepts in
administrative law and moreover would be able to analyze and critique these concepts. Students
will be expected to read case laws and/or theoretical articles before class and should be in a
position to discuss and debate the same in a thoughtful manner. They will be expected to apply
these concepts to topical cases and current events (for example the current Environmental, Data
Protection and Covid-19 related regulatory developments) that have components of
administrative law.
c. Intended Learning Outcomes

Course Intended Learning Teaching and Learning Assessment Tasks/

Outcomes Activities Activities

 Understand different  Reading of case law and  Classroom

administrative law
concepts, the history of
administrative law and
its various components
 Ability to analyze and
critique the
administrative law
concepts, for example
ability to thoughtfully
debate and critique the
application of
administrative law
concepts in case laws.
theoretical material Discussions
A. Students will acquire  Presentations
knowledge of the
 Assignments:
perspectives pertaining to
theoretical,
the topics to be covered
research, and
in the syllabus.
hypothetical
B. Preparation outside of the problem based
class
 Seminars
C. Students will be expected
to debate the topics in
light of the readings. This
will give them a

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  Engage with
administrative law theory
 Comparative analysis of
case law and theory
perspective as to the
readings and will also
allow them to develop
their analytical, critical
and creative skills

d. Assessment Components
i) Internal Assessment: 50% of final grade

ii) End Term: 50% of final grade

e. Grading of Student Achievement

To pass this course, students must obtain a minimum of 40% in the cumulative aspects
of coursework, e.g. moot, and final examination. End of semester exam will carry 50
marks out of which students have to obtain a minimum of 15 marks to fulfil the
requirement of passing the course.
The details of the grades as well as the criteria for awarding such grades are provided below:

Letter Percentage Grade Definitions

Grade Of marks

O 80% and above Outstanding Outstanding work with

strong evidence of
knowledge of the subject
matter, excellent
organizational capacity,
ability to synthesize and
critically analyse and
originality in thinking and
presentation.

A+ 75 to 79.75% Excellent Sound knowledge of the

subject matter, thorough
understanding of issues;
ability to synthesize
critically and analyse

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A 70 to 74.75% Good Good understanding of
the subject matter, ability
to identify issues and
provide balanced
solutions to problems and
good critical and
analytical skills.

A- 65 to 69.75% Adequate Adequate knowledge of

the subject matter to go to
the next level of study and
reasonable critical and
analytical skills.

B+ 60 to 64.75% Marginal Limited knowledge of the

subject matter, irrelevant
use of materials and poor
critical and analytical
skills.

B 55 to 59.75% Poor Poor comprehension of

the subject matter; poor
critical and analytical
skills and marginal use of
the relevant materials.

B- 50 to 54.75% Pass “Pass” in a pass-fail

course. “P” indicative of
at least the basic
understanding of the
subject matter.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Percentag Grade

Interpretation
Grade e of Marks Points

Pass 1: Pass with Basic

P1 45 - 49 2
understanding of the subject matter.

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NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Percentag Grade

Interpretation
Grade e of Marks Points

Pass 2: Pass with Rudimentary

P2 40 - 44 1
understanding of the subject matter.

Fail: Poor comprehension of the

subject matter; poor critical and
F Below 40 0 analytical skills and marginal use of
the relevant materials. Will require
repeating the course.

Extenuating circumstances
preventing the student from
completing coursework assessment,
or taking the examination; or where
the Assessment Panel at its discretion
I Incomplete
assigns this grade. If an "I" grade is
assigned, the Assessment Panel will
suggest a schedule for the completion
of work, or a supplementary
examination.

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 PART III

a. Keyword Syllabus:
Concepts in administrative law, separation of powers, history of administrative law,
delegated legislation, control of delegated legislation, substantive and procedural ultra
vires, natural justice, administrative discretion, proportionality doctrine, legitimate
expectations, tribunals, judicial review, external and internal audit.

b. Course Policies:

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavours to make all its courses accessible to students. In accordance with the Rights of
Persons with Disabilities Act (2016), the JGU Disability Support Committee (DSC) has
identified conditions that could hinder a student’s overall well-being. These include physical and
mobility related difficulties, visual and hearing impairment, mental health conditions and
intellectual/learning difficulties e.g., dyslexia, dyscalculia. Students with any known disability
needing academic and other support are required to register with the Disability Support
Committee (DSC) by following the procedure specified at https://jgu.edu.in/disability-
support-committee/
Students who need support may register any time during the semester up until a month before the
end semester examination begins. Those students who wish to continue receiving support from
the previous semester, must re-register within the first month of a semester. Last minute
registrations and support might not be possible as sufficient time is required to make the
arrangements for support.

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The DSC maintains strict confidentiality about the identity of the student and the nature of their
disability and the same is requested from faculty members and staff as well. The DSC takes a
strong stance against in-class and out-of-class references made about a student’s disability
without their consent and disrespectful comments referring to a student’s disability.
All general queries are to be addressed to disabilitysupportcommittee@jgu.edu.in

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.
P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.

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 PART IV
a. Weekly Course Outline:

Module 1 Introduction to Administrative Law: Development of Administrative

Law, Scope of Administrative Law, Relationship between
(Week 1-2)
Administrative Law and Constitutional Law, Scope of Separation of
Power and Rule of Law under the Indian Constitution: Impact on
Administrative Law

Module 2 Executive Law Making

(Week 3-4)

Module 3 Control on Executive Law Making and Administrative Directions

(Parliamentary and Judicial Control)
(Week 5-6)

Module 4 Judicial Review of Administrative Action & Administrative

Discretion
(Week 7-8)

Module 5 Classification of Administrative Actions,

(Week 9-12) Principles of Natural Justice: Fair Hearing & Exceptions, Rule against
Bias

Module 6 Promissory Estoppel and Legitimate Expectation

(Week 13)

Module 7 Administrative Adjudication

(Week 14)

Module 8 Audit Systems

(Week 15)

(Note: This weekly lecture schedule may be revised by the course instructor(s))

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 b. Readings

MODULE 1: INTRODUCTION TO ADMINISTRATIVE LAW

Essential readings:
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 1
&2
 Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Part 1 (Chapter 1 & 2)
 Montesquieu, Spirit of the Laws, Book XI (Separation of Power)
 Martin Loughlin, The Functionalist Style in Public Law, University of Toronto Law
Journal, vol. 55, 2005, p.361
 T.V. Somanathan, The Administrative & Regulatory State, The Oxford Handbook of
Indian Constitution, OUP, 2016
 A.V. Dicey, An Introduction to the study of the Constitution, Universal Law Publishing
Co., 10th ed., pp. 183-205
 Joseph Raz, Rule of Law and its Virtue, The Authority of Law, OUP, 1979, p. 2
 Rai Sahib Ram Jawaya Kapur & Others v. State of Punjab AIR 1955 SC 549
 Additional District Magistrate, Jabalpur v. Shivkant Shukla & Others (1976) 2 SCC 521

Recommended readings:
 Philip Hamburger, Is Administrative Law Unlawful? University of Chicago Press, 2014,
pp. 1-21 (the model of criticism may be used at the end of the course, once the students
are aware of the principles of administrative law or may be used side by side with each
module)
 J. Madison, The Federalist Papers, Nos 47-49
 J. Finnis, Natural Law and Natural Rights, Clarendon Law Series, 2 nd ed: chapter X, p.
260
 T.R.S. Allan, The Sovereignty of Law, OUP, 2013: Chapters 3 and 5
 J. Ruma Pal, Separation of Powers, The Oxford Handbook of Indian Constitution, OUP,
2016

MODULE 2: EXECUTIVE LAW MAKING

Essential readings:
American position:
 Field v. Clark, 143 U.S. 649 (1892)
 Panama Refining Co. v Ryan, 293 U.S. 388 (1935)
 L. A. Schechter Poultry Corp. v United States, 295 U.S. 495 (1935)
 National Broadcasting Co., Inc. v United States, 319 U.S. 190 (1943)

Indian position:
 In Re : The Delhi Laws Act, 1912, the Ajmer-Merwara (Extension of Laws) Act, 1947
and the Part C States (Laws) Act, 1950, AIR 1951 SC 332 (focus on the judgements of
Kania, C.J., Fazl Ali & Mukherjee J.J.)

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  Hamdard Dawakhana (Wakf) Lal Kuan, Delhi and Another v. Union of India and
Others, AIR 1960 SC 554
 Gwalior Rayon Silk Manufacturing (Weaving) v. Assistant Commissioner of Sales Tax
and Others, AIR 1974 SC 1660
 Rajnarain Singh v. Chairman, Patna Administration Committee, Patna, and Another, AIR
1954 SC 569
 Lachmi Narain Etc. v. Union of India & Ors, AIR 1976 SC 714
 Harishankar Bagla and Another v. State of Madhya Pradesh, AIR 1954 SC 465
 Shama Rao v. Union Territory of Pondicherry, AIR 1967 SC 1480
 Ramesh Birch & Ors. Etc vs Union Of India & Ors. Etc 1990 AIR 560
 Jalan Trading Company (Private Limited ) v. Mill Mazdoor Union, AIR 1967 SC 691
 Gammon India Limited and Others v. Union of India & Ors. etc., AIR 1974 SC 960

Recommended readings:
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 4
 S. P. Sathe, Administrative Law, LexisNexis, 7th ed: Chapter 2
 Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Chapter 15

MODULE 3: CONTROL ON EXECUTIVE LAW MAKING (LEGISLATIVE CONTROL

AND JUDICIAL CONTROL)

Essential readings:

Doctrine of Ultra Vires:

 Atlas Cycles v. State of Haryana, AIR 1979 SC 1149
 Dwarka Nath v. Municipal Corporation of Delhi, AIR 1971 SC 1844
 V. Sudeer v. Bar Council of India, AIR 1999 SC 1167 overruled by Bar Council of India
v. Bonnie Foi Law College & Ors. Civil Appeal No. 969 of 2023 (Arising out of SLP (C)
No. 22337 of 2008)
 Harla v. State of Rajasthan, AIR 1951 SC 467
 Raza Buland Sugar Co. Ltd. v. Municipal Board, Rampur, AIR 1965 SC 895
 Govindlal Chhaggan Lal Patel v. Agricultural Produce Market Committee, Godhra and
Others, AIR 1976 SC 263
 Banwarilal Agarwalla v. State of Bihar and Others, AIR 1961 SC 849
 Naraindas Indurkhya v. State of Madhya Pradesh and Others v State of Madhya Pradesh,
AIR 1974 SC 1232
 M/s. Pankaj Jain Agencies v. Union Of India And Other, AIR 1995 SC 360 & Collectors
of Central Excise v. Tobacco Company Etc (1998) 8 SCC 250 & UOI v. Ganesh Das
Bhojraj AIR 2000 SC 1102 (read together)

Recommended Cases:
 Air India v. Nargesh Meerza AIR 1981 SC 1829
 Chintaman Rao v. State of Madhya Pradesh AIR 1951 SC 118

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 Retrospective Application:

 State of Madhya Pradesh v. Tikamdas AIR 1975 SC 1429

 B. S. Yadav v. State of Haryana, AIR 1981 SC 561
 A. V. Nachane v. Union of India AIR 1982 SC 1126
 Miss Raj Soni v. Air Officer In-Charge AIR 1990 SC 1305

Administrative Directions:

 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7 th ed: Chapter

VIII
 Kumari Regina v. St. Aloysius Higher Elementary School and Another, AIR 1971 SC
1920
 K. M. Shanmugam v. S. R. V. S. Private Limited and Others, AIR 1963 SC 1626
 Union of India v. K. P. Joseph and Others, AIR 1973 SC 303
 B.S. Minhas v. Indian Statistical Institute & Ors., AIR 1984 SC 363
 State of Uttar Pradesh v. Chandra Mohan Nigam and Others, AIR 1977 SC 2411

Recommended readings:

 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Ch 5, 6, 7

 C.K. Takwani, Lectures on Administrative Law, EBC, 4th ed: Chapter V

MODULE 4: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION &

ADMINISTRATIVE DISCRETION

Essential readings:

Grounds of Judicial Review over Administrative Discretion:

 Hukam Chand Shyam Lal v. Union Of India And Ors, AIR 1976 SC 789
 Dr. Ram Manohar Lohia v. State of Bihar and Others, AIR 1966 SC 740
 Ashadevi, Wife of Gopal Ghermal Mehta (Detenu) v. K. Shiveraj, Addl. Chief Secretary
to the Government of Gujarat, (1979) 1 SCC 222
 Commissioner of Police, Bombay v. Gordhandas Bhanji, AIR 1952 SC 16
 Kesavan Bhaskaran v. State of Kerala, AIR 1961 Ker 23

Recommended Readings:
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7 th ed: Chapter 17,
18, 19
 Craig P.P., Administrative Law (6th edition, Sweet & Maxwell 2008): Chapter 18 &19

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 Standard of Review:
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 25
 Craig P.P., Administrative Law (6th edition, Sweet & Maxwell 2008): Chapter 21
 Associated Provincial Picture Houses Ltd v. Wednesbury Corporation (1948) 1 KB 223
 Om Kumar v. UOI 2000 (7) SCALE 524
 Stavros Tsakyrakis, Proportionality: An Assault on Human Rights? 7(3) International
Journal of Constitutional Law 468-493 (2009)
 Madhava Khosla, Proportionality: An Assault on Human Rights? A Reply 8(2)
International Journal of Constitutional Law 298-306 (2010)

MODULE 5: PRINCIPLES OF NATURAL JUSTICE

Essential readings:

Classification of Executive Actions:

 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 3
 C.K. Takwani, Lectures on Administrative Law, EBC, 4th ed: Chapter III
 Indian National Congress v. Institute of Social Workers (2002) 5 SCC 685

Fair Hearing & Exceptions:

 S. P. Sathe, Administrative Law, LexisNexis, 7th edn: Chapter 5

 Paul Craig, Administrative Law, Sweet & Maxwell, 7th edn: Part 1(Chapter 12)
 State of Orissa v. Dr. Binapani, AIR 1967 SC 1269
 G. Kondala Rao v. Registrar, Shri Venkateswara University, AIR 1995 AP 338
 Suresh Koshy v. University of Kerala, AIR 1969 SC 198
 Managing Director, ECL v. B. Karunakar, AIR 1994 SC 1074
 Ravi S. Naik v. Union of India, AIR 1994 SC 1558
 State of Jammu and Kashmir v. Bakshi Gulam Muhammad, AIR 1967 SC 122
 Hira Nath Mishra v. The Principal, Rajendra Medical College, AIR 1973 SC 1260
 J. K. Agarwal v. Haryana Seeds Development Corporation, (1991) 2 SCC 283
 S. N. Mukherjee v. Union of India, AIR 1990 SC 1984
 Maneka Gandhi v. Union of India, (1978) 1 SCC 248 (restrict yourselves only to the law
on post-decisional hearing)
 Swadeshi Cotton Mills v. Union of India, (1981) 1 SCC 664
 K. I. Shepherd v. Union of India, (1987) 4 SCC 431
 Canara Bank v. V. K. Awasthy, (2005) 6 SCC 321
 Charanlal Sahu v. Union of India, 1990 (1) SCC 613

Rule against Bias:

 Paul Craig, Administrative Law, Sweet & Maxwell, 7th edn: Chapter 14

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  A.K. Kraipak v. Union of India, AIR 1970 SC 150
 J. Mohapatra and Co v. State of Orissa AIR 1984 SC 1572
 D. K. Khanna v. Union of India AIR 1973 HP 30
 Manak Lal v. Dr. Prem Chand AIR 1957 SC 425
 Mineral Development Limited v. State of Bihar AIR 1960 SC 468
 State of Uttar Pradesh v. Mohammad Nooh AIR 1958 SC 86
 S. Parthasarathi v. State of Andhra Pradesh AIR 1973 SC 2701
 G.N. Nayak v. Goa University, AIR 2002 SC 790
 Gullapalli Nageswara Rao v. APSRTC case I (only the parts of the judgment that relate to
bias): AIR 1959 SC 308
 Gullapalli Nageswara Rao v. APSRTC case II AIR 1959 SC 1376
 Ashok Kumar Yadav v. State of Haryana, AIR 1987 SC 454.
 Tata Cellular v. Union of India 1994 (6) SCC 651
 Election Commission v. Dr. Subramanian Swamy AIR 1996 SC 1810

Recommended Readings:
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 9,
10, 11 & 12

MODULE 6: LEGITIMATE EXPECTATIONS AND PROMISSORY ESTOPPEL

Essential readings:
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 23
& 24
 Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Chapter 22
 M/S Motilal Padampat Sugar Mills v. State of U. P. AIR 1979 SC 621
 M. R. F. Ltd., Kottayam Ltd. Assistant Commissioner Sales Tax (2006) 8 SCC 702
 Navjyoti Co-Operative Housing Society v. Union of India AIR 1993 SC 155
 Punjab Communications Ltd. v. Union of India (1999) 2 SCR 1033

Recommended readings:
 P. Sales and K. Steyn, Legitimate Expectations in English Public Law: An Analysis
[2004] PL 564, 569.
 Y. Dotan, Why Administrators should be Bound by their Policies (1977) 17 OJLS 2
 Chintan Chandrachud, The Fictitious doctrine of substantive Legitimate expectations in
India, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2738799

MODULE 7: ADMINISTRATIVE ADJUDICATION

Essential readings:
 L Chandra Kumar (1997) 3 SCC 261
 Madras Bar Association v. Union of India, 2014 SCC Online 771. Also available at
http://indiankanoon.org/doc/181443842/

Recommended readings:

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  Law Commission Report No. 215
 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 13
& 14
 Michael Asimow, Five Models of Administrative Adjudication (Social Science Research
Network 2014) SSRN Scholarly Paper ID 2502210
 Alok Kumar and Faiza Rahman, Halting Tribunalisation, Vidhi Centre for Legal Policy
 Reforming Tribunal System: An Interim Report, Vidhi Centre for Legal Policy

MODULE 8: AUDIT SYSTEMS

Essential readings:

Comptroller and Auditor General, CVC and CBI

 Centre for PIL v. Union of India 2011

Lok Pal and Lokayuktas

 The Lokpal and Lokayukta Act, 2013

Right to Information
 Amended RTI v. Participatory Democracy: EPW Vol. 54, Issue No. 30, 27 Jul, 2019

Recommended readings:

 M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7 th ed Chapter 43,

46, 47
 S.K. Das, Institutions of Internal Accountability in D. Kapur and P.B. Mehta, Public
Institutions in India: Performance and Design (Oxford 2007) pp. 128-156
 Tremor of Unwelcome Amendments: https://www.thehindu.com/opinion/lead/the-
tremor-of-unwelcome-amendments/article28628537.ece
 Nikhil Dey and Aruna Roy, The RTI Story (selected chapters)

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