NATIONAL LAW INSTITUTE
UNIVERSITY, BHOPAL
SYLLABUS
ADMINISTRATIVE law
AUGUST-NOV 2020
B.A.LL.B. ( Hons.)
Vii SEMester
COURSE teacher-
Dr. Sushma Sharma,
Associate Professor,
N.L.I.U, Bhopal
1. Objectives of the Course-
This course has the following objectives-
The students will learn about the key concepts and principles of
administrative Law. The students will be encouraged to think about how the
administrative law can and should address the governance issues.The
students will read and analyse the meaning, nature and scope of
Administrative law and to understand difference between constitutional law
and administrative law and public administration.
The students will study about the growth and evolution of Administrative
law. The students will study about different definitions of Administrative
law and red light and green light and Amber light theory. To understand the
concept of rule of law separation of powers and droit administratif.
The students will study the technique of delegated legislation and to learn the
various methods of control over delegated legislation. The students will
study about the administrative adjudicatory functions and the procedure
which is applied for administrative decision making which are the principles
of natural justice. The students will learn about administrative law and its
relation to different substantive legal fields like constitutional law and public
administration.
The students will study about administrative discretion, definitions and the
kinds of it, to describe various grounds to challenge the conferment and
exercise of administrative discretion. The students shall gain the knowledge
of control mechanisms over administrative actions. The course is also
framed with the objective to explain the scope and application of the three
writ remedies; mandamus, prohibition and certiorari. The students will learn
the justification and advantages of mechanisms of administrative justice,
including tribunals.
2. Outcome of the Course
At the end of the course the students must be in a position to give the following
outcome :-
The student will be able to identify the characteristics of Administrative law.
The student will be able to identify the reasons for the growth of Administrative
law. The student will be in a position to explain the different sources of
Administrative law. The student will be able to explain the relationship between
constitutional law and administrative law. Students should be in the position to
write important definitions of Administrative law and to identify that that
definition is supporting the red light theory or green light theory.
The students should be in a position to explain the theory of separation of
powers and rule of law. The students will be able to explain the different kind of
functions performed by administrative bodies. Students will be in a position to
differentiate between different kinds of functions performed by administrative
bodies. Students will be able to decide whether a rule or regulation is
constitutional law unconstitutional and otherwise is valid or not.
The students will be able to explain the different kinds of controls over
delegated legislation. The students will be able to explain the different kinds
and classification of Administrative tribunals. Students will be able to explain
the concept of droit administratif of France. The students will be able to explain
the concept of ombudsman and the Lokpal and Lokayukt in India. The students
will be able to decide whether the violation of natural justice has happened in a
particular functioning of Administrative authorities or not.
Students will also be in a position to suggest the appropriate remedy for
violation of principles of natural justice by the administrative authorities.
The students will be able of explain the working of Public Corporation in India
and the Controls over them. Students will be able to understand and explain the
law relating to liability of government and the doctrines developed by the court
to fix the accountability. The students will be able to apply the principles of
Administrative law the real life situations in the administrative functioning.
3. Course Outline
UNIT-I
Introduction
1.1Nature and Scope
1.2Definitions of Administrative Law
1.3Reasons for Growth
1.4Sources
1.5Comparison with Constitutional Law and Public Administration
1.6 Rule of law
1.7Droit Administratif
1.8Global Administrative Law
Unit –II
Classification of Functions
2.1Separation of Powers
2.2Difficulty in Characterization of functions
2.3Subordinate legislation( Rule Making Functions)
2.4Quasi-Judicial Functions
2.5Purely Administrative Functions
2.6Difference between the different kind of functions
Unit-III
Subordinate Legislation and its Controls
3.1 Concept and Reasons for Growth
3.2. Advantages and disadvantages
3.3. Classification-Nomenclature based classification, authority based
classification (delegated legislation and sub delegation), purpose based
classification, authority based classification- ( subordinate legislation and
conditional legislation)
3.4. Essential legislative functions, Constitutionality
3.5. Legislative controls
3.6 Executive Controls
3.7 Judicial control
Unit- IV
Administrative Discretion
4.1. Introduction, definition, meaning
4.2. Difference between different kinds of functions of administrative
process
4.3. Ministerial and discretionary powers
4.4. Legislative Control
4.5. Executive Control
4.6. Judicial Control
Unit-V
Administrative Tribunals
5.1. Need of Administrative Justice
5.2 Adoption of Droit Administratif, Franks Committee
5.3 Distinction between administrative tribunal, court and administrative
authority.
5.4Tribunals in India-Classification.
5.5Tribunals under Indian Constitution, Central Administrative Tribunal
5.6 Inquiry Commissions
UNIT –VI
Principles of Natural Justice
6.1. Introduction
6.2. Right of hearing
6.3. Rule against bias
6.4. Speaking order
6.5. Exclusion of Natural Justice
6.6. Breach of Natural Justice -Effect
Unit –VIII
Ombudsman
8.1. Concept of Ombudsman
8.2. Ombudsman in Scandinavian Countries
8.3. Ombudsman in Common Law Countries
8.4. Lokpal and Lokayukta Act 2013
8.5. Working of Lokpal
8.6. Ombudsman under other legislations, Banking Ombudsman,
Insurance Ombudsman
Unit –VII
Judicial Control of Administrative Actions
7.1. Development of Judicial Review
7.2. Habeas Corpus
7.3. Writ of Mandamus
7.4. Writ of Prohibition
7.5. Writ of Certiorari
7.6. Quo Warranto
Unit IX
Public Corporations
9.1. Definitions, Object, Characteristics
9.2. Classification
9.3. Rights and Duties
9.4. Legislative Control
9.5. Executive Control
9.7. Judicial Control
Unit X
Regulatory Authorities
10.1. Need and Origin
10.2. Nature and Functions
10.3. Growth of Regulatory Authorities in India
10.4. TRAI, IRDA, UGC, CCI, SEBI, FASSAI
Book recommended for reading-
PRINCIPLES OF ADMINISTRATIVE LAW,
Authors-M.P. Jain and S.N. Jain
7th Edition ,2017
Nagpur: Lexis Nexis, Butterworth’s Wadhwa
