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Course Manual, Administrative Law and The Regulatory State, Spring 2023-2
Course Manual, Administrative Law and The Regulatory State, Spring 2023-2
Spring 2023
(AY 2022-23)
Course Instructors:
Arpita Gupta
Mathew John
Sayan Mukherjee
Kriti Sharma
Esha Rana
Shreya Shreekant
Ayushi Vashisht
Surabhi Singh
Shreya Shreekant
Madhav Shankar
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CONTENTS
PART I
General Information
PART II
a. Course Description
b. Course Aims
c. Intended Learning Outcomes
d. Assessment Components
e. Grading of Student Achievement
PART III
a. Keyword Syllabus
b. Course Policies
PART IV
a. Weekly Course Outline
b. Readings
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PART I
General Information
General Information on, NAME OF THE COURSE, offered by Jindal Global Law School
of the AY 2022-23
The information provided herein is by the Course Coordinator. The following information contains
the official record of the details of the course.
This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst the third year Law
students for B.A.LL.B. (Hons), B.B.A.LL.B. (Hons); B.Com. LL.B. (Hons), B.A. (Hons) Legal
Studies, B.A. (Hons) Criminology and Criminal Justice; LL.B.; and LL.M. courses if
necessary.
Level: Undergraduate
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PART II
a. Course Description
The Administrative Law and the Regulatory State is a core course that primarily draws upon case
law and theoretical articles to build an in-depth understanding of functions and powers of the
burgeoning administrative branch of the State in the Indian context in particular, and the global
context in general. Building upon this conceptual understanding, the course seeks to enhance the
understanding of the relevant contemporary issues concerning administrative law. The course also
has a strong comparative component, and specifically focuses upon some of the key administrative
law trends in the U.S. and U.K.
b. Course Aims
At the end of the course, it is hoped that the students will be able to: comprehend the concepts in
administrative law and moreover would be able to analyze and critique these concepts. Students
will be expected to read case laws and/or theoretical articles before class and should be in a position
to discuss and debate the same in a thoughtful manner. They will be expected to apply these
concepts to topical cases and current events (for example the current Environmental, Data
Protection and Covid-19 related regulatory developments) that have components of administrative
law.
c. Intended Learning Outcomes
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administrative law theory perspective as to the
readings and will also
• Comparative analysis of
allow them to develop
case law and theory
their analytical, critical
and creative skills
d. Assessment Components
i) Internal Assessment: 50% of final grade
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A 70 to 74.75% Good Good understanding of the
subject matter, ability to
identify issues and provide
balanced solutions to
problems and good critical
and analytical skills.
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NEW COURSE LETTER GRADES AND THEIR INTERPRETATION
Extenuating circumstances
preventing the student from
completing coursework assessment,
or taking the examination; or where
the Assessment Panel at its discretion
I Incomplete
assigns this grade. If an "I" grade is
assigned, the Assessment Panel will
suggest a schedule for the completion
of work, or a supplementary
examination.
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PART III
a. Keyword Syllabus:
Concepts in administrative law, separation of powers, history of administrative law,
delegated legislation, control of delegated legislation, substantive and procedural ultra
vires, natural justice, administrative discretion, proportionality doctrine, legitimate
expectations, tribunals, judicial review, external and internal audit.
b. Course Policies:
Learning and knowledge production of any kind is a collaborative process. Collaboration demands
an ethical responsibility to acknowledge who we have learnt from, what we have learned, and how
reading and learning from others have helped us shape our own ideas. Even our own ideas demand
an acknowledgement of the sources and processes through which those ideas have emerged. Thus,
all ideas must be supported by citations. All ideas borrowed from articles, books, journals,
magazines, case laws, statutes, photographs, films, paintings, etc., in print or online, must be
credited with the original source. If the source or inspiration of your idea is a friend, a casual chat,
something that you overheard, or heard being discussed at a conference or in class, even they must
be duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a framework to deal
with cases of plagiarism. All form of plagiarism will be taken seriously by the University and
prescribed sanctions will be imposed on those who commit plagiarism.
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strong stance against in-class and out-of-class references made about a student’s disability without
their consent and disrespectful comments referring to a student’s disability.
All general queries are to be addressed to disabilitysupportcommittee@jgu.edu.in
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PART IV
a. Weekly Course Outline:
(Note: This weekly lecture schedule may be revised by the course instructor(s))
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b. Readings
Essential readings:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 1
&2
• Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Part 1 (Chapter 1 & 2)
• Montesquieu, Spirit of the Laws, Book XI (Separation of Power)
• Martin Loughlin, The Functionalist Style in Public Law, University of Toronto Law
Journal, vol. 55, 2005, p.361
• T.V. Somanathan, The Administrative & Regulatory State, The Oxford Handbook of
Indian Constitution, OUP, 2016
• J. Ruma Pal, Separation of Powers, The Oxford Handbook of Indian Constitution, OUP,
2016
• A.V. Dicey, An Introduction to the study of the Constitution, Universal Law Publishing
Co., 10th ed., pp. 183-205
• Rai Sahib Ram Jawaya Kapur & Others v. State of Punjab AIR 1955 SC 549
• Additional District Magistrate, Jabalpur v. Shivkant Shukla & Others (1976) 2 SCC 521
Recommended readings:
• Philip Hamburger, Is Administrative Law Unlawful? University of Chicago Press, 2014,
pp. 1-21 (the model of criticism may be used at the end of the course, once the students are
aware of the principles of administrative law or may be used side by side with each module)
• J. Madison, The Federalist Papers, Nos 47-49
• Joseph Raz, Rule of Law and its Virtue, The Authority of Law, OUP, 1979, p. 21
• J. Finnis, Natural Law and Natural Rights, Clarendon Law Series, 2nd ed: chapter X, p. 260
• T.R.S. Allan, The Sovereignty of Law, OUP, 2013: Chapters 3 and 5
Essential readings:
American position:
• Field v. Clark, 143 U.S. 649 (1892)
• Panama Refining Co. v Ryan, 293 U.S. 388 (1935)
• L. A. Schechter Poultry Corp. v United States, 295 U.S. 495 (1935)
• National Broadcasting Co., Inc. v United States, 319 U.S. 190 (1943)
Indian position:
• In Re : The Delhi Laws Act, 1912, the Ajmer-Merwara (Extension of Laws) Act, 1947
and the Part C States (Laws) Act, 1950, AIR 1951 SC 332 (focus on the judgements of
Kania, C.J., Fazl Ali & Mukherjee J.J.)
• Hamdard Dawakhana (Wakf) Lal Kuan, Delhi and Another v. Union of India and Others,
AIR 1960 SC 554
• Gwalior Rayon Silk Manufacturing (Weaving) v. Assistant Commissioner of Sales Tax
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and Others, AIR 1974 SC 1660
• Rajnarain Singh v. Chairman, Patna Administration Committee, Patna, and Another, AIR
1954 SC 569
• Lachmi Narain Etc. v. Union of India & Ors, AIR 1976 SC 714
• Harishankar Bagla and Another v. State of Madhya Pradesh, AIR 1954 SC 465
• Shama Rao v. Union Territory of Pondicherry, AIR 1967 SC 1480
• Ramesh Birch & Ors. Etc vs Union Of India & Ors. Etc 1990 AIR 560
• Jalan Trading Company (Private Limited ) v. Mill Mazdoor Union, AIR 1967 SC 691
• Gammon India Limited and Others v. Union of India & Ors. etc., AIR 1974 SC 960
Recommended readings:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 4
• S. P. Sathe, Administrative Law, LexisNexis, 7th ed: Chapter 2
• Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Chapter 15
Essential readings:
Retrospective Application:
Unconstitutionality:
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• Air India v. Nargesh Meerza AIR 1981 SC 1829
• Chintaman Rao v. State of Madhya Pradesh AIR 1951 SC 118
• *M/S Dwarka Prasad v. State of UP AIR 1954 SC 224
• *Himmat Lal v. Commissioner of Police AIR 1973 SC 87
• *Bijoe Emmanuel v. State of Kerala AIR 1987 SC 748
Administrative Directions:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter VIII
• Kumari Regina v. St. Aloysius Higher Elementary School and Another, AIR 1971 SC 1920
• K. M. Shanmugam v. S. R. V. S. Private Limited and Others, AIR 1963 SC 1626
• Union of India v. K. P. Joseph and Others, AIR 1973 SC 303
• B.S. Minhas v. Indian Statistical Institute & Ors., AIR 1984 SC 363
• State of Uttar Pradesh v. Chandra Mohan Nigam and Others, AIR 1977 SC 2411
Recommended readings:
Essential readings:
Recommended Readings:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 17,
18, 19
• Craig P.P., Administrative Law (6th edition, Sweet & Maxwell 2008): Chapter 18 &19
Standard of Review:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 25
• Craig P.P., Administrative Law (6th edition, Sweet & Maxwell 2008): Chapter 21
• Associated Provincial Picture Houses Ltd v. Wednesbury Corporation (1948) 1 KB 223
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• Om Kumar v. UOI 2000 (7) SCALE 524
• Stavros Tsakyrakis, Proportionality: An Assault on Human Rights? 7(3) International
Journal of Constitutional Law 468-493 (2009)
• Madhava Khosla, Proportionality: An Assault on Human Rights? A Reply 8(2)
International Journal of Constitutional Law 298-306 (2010)
Essential readings:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 3
• C.K. Takwani, Lectures on Administrative Law, EBC, 4th ed: Chapter III
• Indian National Congress v. Institute of Social Workers (2002) 5 SCC 685
• Paul Craig, Administrative Law, Sweet & Maxwell, 7th edn: Chapter 14
• A.K. Kraipak v. Union of India, AIR 1970 SC 150
• J. Mohapatra and Co v. State of Orissa AIR 1984 SC 1572
• D. K. Khanna v. Union of India AIR 1973 HP 30
• Manak Lal v. Dr. Prem Chand AIR 1957 SC 425
• Mineral Development Limited v. State of Bihar AIR 1960 SC 468
• State of Uttar Pradesh v. Mohammad Nooh AIR 1958 SC 86
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• S. Parthasarathi v. State of Andhra Pradesh AIR 1973 SC 2701
• G.N. Nayak v. Goa University, AIR 2002 SC 790
• Gullapalli Nageswara Rao v. APSRTC case I (only the parts of the judgment that relate to
bias): AIR 1959 SC 308
• Gullapalli Nageswara Rao v. APSRTC case II AIR 1959 SC 1376
• Ashok Kumar Yadav v. State of Haryana, AIR 1987 SC 454.
• Tata Cellular v. Union of India 1994 (6) SCC 651
• Election Commission v. Dr. Subramanian Swamy AIR 1996 SC 1810
Recommended Readings:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 9,
10, 11 & 12
Essential readings:
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 23
& 24
• Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Chapter 22
• M/S Motilal Padampat Sugar Mills v. State of U. P. AIR 1979 SC 621
• M. R. F. Ltd., Kottayam Ltd. Assistant Commissioner Sales Tax (2006) 8 SCC 702
• Navjyoti Co-Operative Housing Society v. Union of India AIR 1993 SC 155
• Punjab Communications Ltd. v. Union of India (1999) 2 SCR 1033
Recommended readings:
• P. Sales and K. Steyn, Legitimate Expectations in English Public Law: An Analysis [2004]
PL 564, 569.
• Y. Dotan, Why Administrators should be Bound by their Policies (1977) 17 OJLS 2
• Chintan Chandrachud, The Fictitious doctrine of substantive Legitimate expectations in
India, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2738799
Essential readings:
• L Chandra Kumar (1997) 3 SCC 261
• Madras Bar Association v. Union of India, 2014 SCC Online 771. Also available at
http://indiankanoon.org/doc/181443842/
Recommended readings:
• Law Commission Report No. 215
• M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 7th ed: Chapter 13
& 14
• Michael Asimow, Five Models of Administrative Adjudication (Social Science Research
Network 2014) SSRN Scholarly Paper ID 2502210
• Alok Kumar and Faiza Rahman, Halting Tribunalisation, Vidhi Centre for Legal Policy
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• Reforming Tribunal System: An Interim Report, Vidhi Centre for Legal Policy
Essential readings:
Right to Information
• Amended RTI v. Participatory Democracy: EPW Vol. 54, Issue No. 30, 27 Jul, 2019
Recommended readings:
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