Administrative Law Syllabus (Sem III, Mumbai University)

1. Evolutions, Nature and Scope of Administrative Law

(a.) Form a Laissez – faire to a social welfare state
State as regulator of private interest, State as provider of services,Other functions of modern state: relief, welfare.
(b.) Evolution of administration as the fourth branch of government necessity for delegation of
powers on administration.
(c.) Evolution of agencies and procedures for settlement of disputers between individual and administration. Regulatory agencies on the United States, Conseil d’Etate, Tribunalization in England and India
(d.) Definition and scope of administrative law
(e.) Relationship between constitutional law and administrative law
(f.) Separation of powers
(g.) Rule of law

2.Civil Service in India

(a.) Nature and organization of civil service: from colonial relics to democratic aspiration
(b.) Powers and functions
(c.) Accountability and responsiveness: problems and perspectives
(d.) Administrative deviance – corruption, nepotism, mal-administration.

3. Legislative Powers of Administration

(a.) Necessity for delegation of legislative power
(b.) Constitutionality of delegated legislation – powers of exclusion and inclusion and power to modify statute.
(c.) Requirements for the validity of delegated legislation.
Consultation of affected interests and public participation in rule-making, Publication of delegated legislation.
(d.) Administrative directions, circulars and policy statements.
(e.) Legislative control of delegated legislation.
Laying procedures and their efficacy, Committees on delegated legislation – their constitution, function and effectiveness, Hearings before legislative committees.
(f.) Judicial control of delegated legislation.
(g.) Sub-delegation of legislative powers.

4.Judicial Powers of Administration

(a.) Need for devolution of adjudicator authority on administration.
(b.) Administrative tribunals and other adjudicating authorities : their ad-hoc character.
(c.) Tribunals – need, nature, constitution, jurisdiction and procedure
(d.) Jurisdiction of administrative tribunals and other authorities
(e.) Distinction between quasi-judicial and administrative functions.
(f.) The right to hearing – essentials of hearing process
No man shall be judge in his own cause, No man shall be condemned unheard
(g.) Rule of evidence – no evidence, some evidence and substantial evidence rules.
(h.) Reasoned decisions.
(i.) The right to counsel.
(j.) Institutional decisions
(k.) Administrative appeals

5. Judicial Control of Administrative Action

(a.) Exhaustion of administrative remedies
(b.) Standing: standing for Public interest litigation (social action litigation) collusion, bias.
(c.) Laches
(d.) Res judicata
(e.) Grounds
Jurisdictional error / ultra virus, Abuse and non exercise of jurisdiction, Error apparent on the face of the record, Violation of principles of natural justice, Violation of public policy, Unreasonableness, Legitimate expectation,
(f.) Remedies in judicial Review:
Statutory appeals, Mandamus, Certiorari, Prohibition, Quo-Warrantor, Habeas Corpus, Declaratory judgments and injunctions, Specific performance and civil suits for compensation.

6.Administrative discretion

(a.) Need for administrative discretion
(b.) Administrative discretion and rule of law
(c.) Limitations on exercise of discretion
Malafide exercise of discretion, Constitutional imperative and use of discretionary authority, Irrelevant considerations, Non-exercise of discretionary power

7.Liability for Wrongs (Tortious and Contractual)

(a.) Tortious liability: sovereign and non-sovereign functions.
(b.) Statutory immunity
(c.) Act of state
(d.) Contractual liability of government.
(e.) Government privilege in legal proceedings – state secrets, public interest
(f.) Transparency and right to information
(g.) Estoppels and waiver

8.Corporations and Public Undertakings

(a.) State monopoly-remedies against arbitrary action or for acting against public
policy
(b.) Liability of public and private corporations – departmental undertakings
(c.) Legislative and governmental control.
(d.) Legal remedies
(e.) Accountability – Committee on Public Undertaking, Estimates Committee etc.

9. Informal Methods of Settlement of Disputes and Grievance Redressal Procedures

Conciliation and mediation through social action groups, Use of media, lobbying and public participation,  Public inquiries and commissions of inquiry, Ombudsman : Lok Pal, Lok Ayukta, Vigilance Commission, Congressional and Parliamentary Committees

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