PAPER - V

Administrative Law

OBJECTIVES OF THE COURSE

To give an overview of this course and to deal with the nature and scope of
Administrative Law. To make the students understand the powers, functions and the
limits to control the abuse administrative authorities of global administrative law. To
focus on the role of the courts in protecting the rights of individuals against abuse of
power by the administration with the help of relevant case laws.

UNIT – I

Introduction - Nature and scope of Administrative Law - Constitutional Law and

Administrative Law - Rule of Law - DroitAdministratif - Separation of Powers -
classification of Administrative action - Quasi-Legislative Function - Quasi-Judicial
Function - Administrative Function - Difference between quasi judicial and
administrative action

UNIT – II

Meaning and extent of delegation of legislative power- Classification of delegated

legislation- Constitutionality of delegated legislation - Control of delegated legislation:
Judicial control- Procedural safeguards - Legislative controls – laying requirements,
parliamentary committees on subordinated legislation- Administrative Directions -
Principles of Natural Justice - when it can be claimed? - Effect of Failure of Natural
Justice - Right to Hearing – Pre and Post Decisional Hearing- Power of Investigation and
Inquiry.

UNIT – III

Fundamental Rights - Nature of Administrative discretion - Ground and Extent of

Judicial Review - Judicial review of administrative action - Writs - grounds -
Administrative Tribunal- Merits and Demerits of Administrative Tribunal - High Court’s
Superintendence over Tribunals - Appeal to Supreme Court by Special Leave - Judicial
Remedies.
UNIT – IV

Government Privileges in Legal Proceedings - Government Contracts - Article 299 (1) -

Formation - Estoppel and Waiver - Tortious Liability - Damages and Compensation - Act
of State - Restitution.

Unit – V

Public Corporations- Rights, Duties and Liabilities of Public Corporations- Controls over
Public Corporations, Government Control, Parliamentary Control, Judicial Control,
Public Control - Position of Public Undertaking under Special Laws - Role of
Ombudsman in Public Undertaking- Lokpal- LokAyuktha and Central Vigilance
Commission- Official Secrecy - Right to Information - Judicial intervention.

Books Prescribed for study

1. M.P. Jain and S.N. Jain : Principles of Administrative Law

2. C.K. Takwani: Administrative Law
3. KailashRai: Administrative Law
4. S.P. Sathe: Administrative Law
5. I.P. Massey: Administrative Law

Books for Reference

1. Wade: Administrative Law

2. De Sunity: Administrative Law
3. Markose: Judicial Control of Administrative action
4. Griffiter and Street: Administrative Law
5. D.D. Basu: Constitution of India
6. M.P. Jain: Indian Constitutional Law
7. Report of the Committee of Minister’s power – Franks Committee Report.
8. Reports of the Law Commission.
9. Indian Law Institute: Cases and materials of Administrative Law.
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