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SVKM’s Narsee Monjee Institute of Management Studies

Name of School -Kirit P. Mehta School of Law


Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102 Semester: VI
Module: Administrative Law Module Code:
Teaching Scheme Evaluation Scheme
Lecture Practical Tutorial Term End Examinations
Internal Continuous
(Hours (Hours (Hours per (TEE)
Credit Assessment (ICA)
per per week) (Marks- 50 in Question
(Marks - 50)
week) week) Paper)
4 0 0 4 Marks Scaled to 50 Marks Scaled to 50
Pre-requisite: Constitutional Law.
Objectives:
• Understand the key concepts and principles of Administrative law and its present
framework in India.
• Comprehend the rules of natural justice and their importance thereof.
• Enhance the understanding into working of different Administrative bodies.
• Understand the judicial trends and its impact on development of Administrative Law.
Outcomes:
1. Develop a conceptual understanding of the key concepts and principles of Administrative
law and its present framework in India. PLO1a
2. Develop a comprehensive understanding of the working of different Administrative bodies.
PLO2b
3. Understand the challenges faced in implementation of Administrative law in India and the
impact on judicial trends. PLO3b
Unit Description Duration

1. Evolution and Scope of Administrative Law 3 Hrs


• Meaning of Administrative Law, Definitions
• Sources of Administrative Law
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 1: Introduction
Reference Reading
• CSC, Punjab v. Om Prakash, AIR 1969 SC 33
• Additional District Magistrate, Jabalpur v. Shivakant Shukla,
AIR 1976 SC 1207
• I.C Golak Nath v. State of Punjab, AIR 1976 SC 1643
• Ram Jawaya v. State of Punjab, AIR 1955 SC 549
Pedagogy: Socratic and discussion-based method
2. Evolution and Scope of Administrative Law 3 Hrs
• Reasons for growth of Administrative Law
• Nature and Scope of Administrative Law
• Relationship between Constitutional law and Administrative
Law
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 1: Introduction
SVKM’s Narsee Monjee Institute of Management Studies

Name of School -Kirit P. Mehta School of Law


Pedagogy: Socratic and discussion-based method
3. Basic Concepts of Administrative Law 3 Hrs
• Rule of law
• Doctrine of Separation of powers
• Droit Administratiff
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 2: Basic Constitutional
Principles
Reference Reading
• Ram Jawaya v. State of Punjab, AIR 1955 SC 549
• Indira N Gandhi v Raj Narain AIR 1975 SC 2299
• ADM Jabalpur v Shivakant Shukla 1976 2 SCC 52
Pedagogy: Socratic and discussion-based method
4. General Principles on Delegated legislation 3 Hrs
• Meaning and Definition of Delegated Legislation
• Reasons and Need for Delegated Legislation
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 4: Delegated legislation
(General Principles)
Pedagogy: Socratic and discussion-based method
5. General Principles on Delegated legislation 3 Hrs
• Evolution of Delegated Legislation in India
Basic Reading
• Queen v. Burah (1878)
• King Emperor v Benoari Lal(1945)
• Jatindra nath Gupta v. province of Bihar(1949)
• Re Delhi Laws act, 1912
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 4: Delegated legislation
(General Principles)
Pedagogy: Socratic and discussion-based method
6. General principles of Delegated Legislation in comparison with the U.S 1 Hr
• Separation of Powers
• Delegatus non Potest Delegare
Basic Reading
C.K. Takwani, Lectures on Administrative Law, Eastern Book Company,
Sixth edition, 2017, Chapter 4: Delegated legislation (General Principles)
Pedagogy: Socratic and discussion-based method
7. Forms of Delegated Legislation 3 Hrs
• Title-based classification
• Conditional legislation
SVKM’s Narsee Monjee Institute of Management Studies

Name of School -Kirit P. Mehta School of Law


• Purpose based classification
• Authority-based classification (sub-delegation)
• Nature based classification (exceptional delegation)
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 4: Delegated legislation
(General Principles)
Pedagogy: Socratic and discussion-based method
8. Control over Delegated Legislation 3 Hrs
• Impermissible Delegation
• Parliamentary Control
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 4: Delegated legislation
(General Principles)
Pedagogy: Socratic and discussion-based method
9. Control over Delegated Legislation 3 Hrs
• Judicial Control
• Grounds of Excessive Delegation
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company. Sixth edition, 2017, Chapter 5: Delegated legislation
(Controls and Safeguards)
Reference Reading
• State of Bombay v.Narottamdas, AIR 1951 SC 69
• Hamdard Dawakhana v. Union of India, AIR 1960 SC 554
Pedagogy: Socratic and discussion-based method
10. Rules of Natural Justice 3 Hrs
• Nemo Debet Esse Judex in Propria Causa
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 6: Natural Justice
Reference Reading
• Cooper v. Wandsworth Board of Works, (1863) 14 CBNS 180
• A.K. Kraipak v. Union of India (AIR 1970 SC 150)
Pedagogy: Socratic and discussion-based method
11. Rules of Natural Justice 3 Hrs
• Audi Alterem Partem
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter: Natural Justice
Reference Reading
• Maneka Gandhi v. Union of India, AIR 1978 SC 597
SVKM’s Narsee Monjee Institute of Management Studies

Name of School -Kirit P. Mehta School of Law


• A.K Roy v. Union of India, AIR 1982 SC 710
• Olga Tellis v. Bombay Muncipal Corporation, AIR 1986 SC 18
Pedagogy: Socratic and discussion-based method
12. Rules of Natural Justice 2 Hrs
• Notice, Right to a counsel
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 6: Natural Justice
Pedagogy: Socratic and discussion-based method
13. Rules of Natural Justice 3 Hrs
• Speaking Orders
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 6: Natural Justice
Pedagogy: Socratic and discussion-based method
14. Administrative Tribunals 3 Hrs
• Definition
• Difference between Administrative Tribunals and Courts
• Constitution 42nd Amendment and 44th Amendment
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 7, Administrative
Tribunals
Reference Reading
• S.P. Sampath Kumar vs. Union of India - (1987) 1 SCC 124
• L. Chandra Kumar v. Union of India, (1997) 3 SCC 261
Pedagogy: Socratic and discussion-based method
15. Administrative Tribunals: Judicial Evolution 3 Hrs
• Constitutionality of Administrative Tribunals and their functioning
Basic Reading
• S.P. Sampath Kumar vs. Union of India (1987) 1 SCC 124
• L. Chandra Kumar v. Union of India (1997) 3 SCC 261
• Union of India v. R. Gandhi (2010) 11 SCC 1
• Madras Bar Association v Union of India, (2014) 10 SCC 1
• Rojer Mathew v. South Indian Bank Limited (2020) 6 SCC 1
Pedagogy: Socratic and discussion-based method
16. Judicial Review of Administrative Discretion. 2 Hrs
• Administrative Discretion meaning
• Failure to exercise discretion
• Doctrine of Proportionality
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 8: Judicial Review of
SVKM’s Narsee Monjee Institute of Management Studies

Name of School -Kirit P. Mehta School of Law


Administrative Discretion
• State of Jharkhand v Brahmaputra Metallics Ltd (2020)
Pedagogy: Socratic and discussion-based method
17. Judicial Review of Administrative Discretion 2 Hrs
• Doctrine of Legitimate Expectation
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 8: Judicial Review of
Administrative Discretion
Pedagogy: Socratic and discussion-based method
18. Judicial Review of Administrative Discretion 2 Hrs
• Doctrine of Promissory Estoppel
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 8: Judicial Review of
Administrative Discretion
Pedagogy: Socratic and discussion-based method
19. Judicial Review of Administrative Discretion 3 Hrs
• Judicial Remedies:
• Writs – Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo
Warranto.
• Injunctions
• Public Interest Litigation (PIL)
Basic Reading
C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 9: Judicial and other Remedies
Reference Reading
• Sunil Batra v. Delhi Administration, (1980) 3 SCC 488
• Rudul Shah v. State of Bihar, AIR 1983 SC 1086
• S.P. Gupta v. UOI, AIR 1982 SC 149
• People’s Union for Democratic Rights v. UOI, AIR 1982 SC 1473
• Vishaka v. State of Rajasthan, AIR 1997 SC 3011
Pedagogy: Socratic and discussion-based method
20. Liability of Government 3 Hrs
• Doctrine of Crown Privilege
• Liability in Torts
Basic Reading
• Chairman, Railway Board v. Chandrima Das, AIR 2000 SC 988
• Shyam Sunder v. State of Rajasthan, AIR 1974 SC 890
• State of Gujarat v. Memon Mahomed Haji Hasan, AIR 1967 SC 1885
Reference Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 10, Liability of Government
Pedagogy: Socratic and discussion-based method
SVKM’s Narsee Monjee Institute of Management Studies

Name of School -Kirit P. Mehta School of Law


21. Liability of Government 3 Hrs
• Liability in Contracts
Basic Reading
C.K. Takwani, Lectures on Administrative Law, Eastern Book Company,
Sixth edition, 2017, Chapter 10, Liability of Government
Pedagogy: Socratic and discussion-based method
22. Other Administrative Bodies 3 Hrs
• Civil Services
• Public Corporations
• Ombudsman
• Central Vigilance Commissioner
• Administrative Law in the context of local self-government
Basic Reading
• C.K. Takwani, Lectures on Administrative Law, Eastern Book
Company, Sixth edition, 2017, Chapter 11: Public Corporations
Reference Reading
• Bhopal Sugar Industries Ltd. v. I.T.O., AIR 1997 SC 3277
• UOI v. Tulsiram Patel, AIR 1985 SC 1416
Pedagogy: Socratic and discussion-based method
Total 60 Hrs
Text Books:
1. The Constitution of India, Bare Act.
2. C.K. Takwani, Lectures on Administrative Law, Eastern Book Company. Sixth edition, 2017.
Reference Materials:
1. M. P Jain and S.N. Jain, Principles of Administrative Law, Lexis Nexis, 2017.
2. I.P Massey, Administrative Law, Eight Edition, Eastern Book Company, 2017.
Any other information :
Total Marks of Internal Continuous Assessment (ICA) - 50 Marks
Distribution of ICA Marks:

Description of ICA Marks


Research Paper 20 Marks
Seminar 10 Marks
Viva 10 Marks
Class Participation 10 Marks
Total Marks : 50 Marks

____________ ____________

Signature Signature
(Prepared by Ms. Anu Mishra) (Approved by Dean)

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