Administrative law-syllabus
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.
Course content
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 determine 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 flaged 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 mal 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