Administrative law is a branch of public law. Administrative Law attempts to regulate administrative actions by controlling delegated legislation and subjecting administrative discretionary actions to judicial review.
It also provides for the constitution of tribunals and their composition. It deals with the relationship of individuals with the government.
Objective:
Administrative law is basically concerned with triple function of administrative authorities, their constitutional limits and statutory limitations, the procedure to be followed in the exercise of their functions and the necessity to study in depth relevant remedies.
Constitutional or otherwise in case of administrative arrogance and consequent abuse of power.
Unit I
- Definition of Administrative Law
- Nature and scope
- The impact and implications of the Doctrine of Separation and the Rule of Law on Administrative Law
- Classification of Administrative Action — the necessity
Unit II
- Legislative Power of Administration
- Doctrine of Vice of excessive Delegation
- Judicial and Parliamentary control over delegative legislation
- Advantages and disadvantages of delegated legislation
- Exclusion of Judicial Review of Delegated Legislation
- Administrative directions.
Unit III
- Judicial power of Administration
- Tests to determines when an administrative authority required to act judicially
- Doctrine of Bias
- Doctrine of Audi Altrem Partem
- Reasoned decision
- Exceptions to Natural Justice
- Effect of non-compliance with rules of Natural Justice
- grounds on which decision of quasi-judicial authority can be flagged before Supreme Court
Unit IV
- Administrative Discretion
- Grant and exercise of discretion
- Judicial review of Administrative Discretion
- Control of Administrative Action
- Judicial Control
- Public Law and Private Law Remedies
- distinction
- Writs – Theory
- Practice and Procedure – ouster clause
- Liabilities of the state in the province of Contract and Tort
- Constitutional Tort Doctrine of Promissory Estoppels
- Doctrine of legitimate expectation
- Doctrine of proportionality
Unit V
- Corporate and Public Undertakings
- Control of statutory corporations and public undertakings
- Administrative deviance
- Corruption and ma1 administration
- Control mechanism
- Ombudsman in India (Lokpal and Lokayukta)
- Central Vigilance Commission Parliamentary Committees
- Commission of Enquiry
Prescribed Books
- M.P.Jain & S.N.Jain, Principles of Administrative Law Latest edition
Reference Books
- Wade, Administrative Law, latest edition
- S.P Sathe, Administrative Law, latest edition
- I.P Massey, Administrative Law, latest edition
