Dr.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,
LUCKNOW
2018-2019

ADMINISTRATIVE LAW

Rough Draft On
Emergence And Significance Of Various Doctrines
Regarding Judicial Control of Administrative Action.

SUBMITTED TO : SUBMITTED BY :
MS. RAJNEESH YADAV AMAN KUMAR
ASSISTANT PROFESSOR ENROLMENT NO.-
(LAW) 170101020
DR. RMLNLU, LUCKNOW SEMESTER- V

Page 1
INTRODUCTION
The rapid growth in administrative law has anticipated a threat of misuse and exaggerated
use of the power by administrative authority. The need and necessity to control possible
abuse of discretionary powers by various administrative authorities, certain principles have
been evolved by the courts. If an administrative action is contrary to law, improper,
unreasonable or irrational, a court of law can interfere with such action by exercising power
of judicial review. One of such modes of exercising power is the doctrine of proportionality.
The doctrine of ‘Legitimate Expectations’ is one amongst several tools incorporated by the Court
to review administrative action. This doctrine pertains to the relationship between an individual
and a public authority. According to this doctrine, the public authority can be made accountable
in lieu of a ‘legitimate expectation’. A person may have a reasonable or legitimate expectation of
being treated in a certain way by the administrative authorities owing to some consistent practice
in the past or an express promise made by the concerned authority.
Accountability refers to the process of holding persons or organisations responsible for
performance as objectively as possible. India, as a parliamentary democracy, has elected
legislatures that have oversight functions over the Executive and an independent judiciary
that can hold both the legislative and executive arms of the state accountable. It has a
variety of independent authorities and commissions that perform accountability functions
vis-à-vis different parts of the government.
Public accountability is the hallmark of modern democratic governance. Democracy
remains a paper procedure if those in power cannot be held accountable in public for their
acts and omissions, for their decisions, their policies, and their expenditures. Public
accountability, as an institution, therefore, is the complement of public management.

STATEMENT OF THE PROBLEM

To study the Emergence And Significance Of Various Doctrines Regarding Judicial Control of
Administrative Action and how it strengthened transparency in administration in Indian.

RESEARCH METHODOLOGY
The research methodology is purely analytical. To fulfil above said objectives data has been
collected through books, journals, newspapers and internet etc.

Page 2
TENTATIVE CHAPTERIZATION
1. ACKNOWLEDGMENT
2. RESEARCH METHODOLOGY
3. EVOLUTION OF DOCTRINE OF PROPORTIONALITY
4. APPLICATION IN INDIA
5. THE DOCTRINE OF LEGITIMATE EXPECTATION
6. ORIGIN OF DOCTRINE OF LEGITIMATE EXPECTATIONS
7. DEVELOPMENT OF DOCTRINE OF LEGITIMATE EXPECTATIONS IN INDIA
8. ARTICLE 14 AND LEGITIMATE EXPECTATION
9. EVOLUTION OF DOCTRINE OF PUBLIC ACCOUNTABILITY IN INDIA
10. A CONTEMPORARY LOOK ON PUBLIC ACCOUNTABILITY
11. CONCLUSION
12. BIBLIOGRAPHY

REFERENCES
1. Lord Denning “Recent Development in the Doctrine of Consideration”, Modern Law
2. Review.
3. A.K.Srivastava, Doctrine of Legitimate Expectation
4. B.N.Pandey, Doctrine of Legitimate Expectation, Banaras Law Journal.
5. Sarica AR, Doctrine of legitimate expectations
6. ACADEMIKE, https://www.lawctopus.com/academike/doctrine-legitimate-expectations/.
7. C.K. Takwani, Lectures on Administrative Law
8. C.K Thakker, Administrative Law

Page 3