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Course Module

Subject: Administrative Law Course: Third Year BA/BBA LLB


Academic Year 2016-17
Syllabus
Course Objectives

 To make students understand the key concepts and principles of Administrative law and its
present framework in India.

 To make students comprehend the rules of natural justice and their importance thereof.

 To originate their understanding into working of different Administrative bodies.

 To make them understand the liability of the Government and the Administrative authorities in
case of misuse of powers and examine the remedies available against Administrative Bodies

 To examine judicial trends and its impact on development of Administrative Law

Course Outcomes
On completion of this course, the students will be able to:

1. Develop a conceptual understanding of the key concepts and principles of Administrative law and
its present framework in India.

2. Recognize the relationship and difference between Administrative law and Constitutional Law.

3. Comprehend the working of different Administrative bodies.

4. Understand the challenges faced by Administrative law in India and the impact of the judicial
trends.

Catalog Description

Administrative law is that branch of the law which ensures that administrative authorities use their powers
and discretion for the purpose for which such powers and discretion were given to them. The aim of
administrative law is thus to provide a formula for preventing abuse – and even non-use – of power by
administrative authorities, and thus provide a mechanism for a government that is transparent and
accountable. Administrative law also seeks to provide remedies against misuse, abuse and non-use of their
powers by administrative authorities.

However it is impossible to define administrative law and include all the facets as it changes
according to the social, economic and political changes. A strong administrative law is a pre-
requisite to achieving the ideal of a ‘welfare state’. Hence the importance of this branch of Law is
irrefutable.
The course on Administrative law aims at understanding the key concepts and principles of Administrative
law and the misuse of power by the Administrative bodies and includes the structure, powers and functions
of the organs of administration, the limits of their powers, the methods and procedures followed by them
in exercising their powers and functions, the methods by which their powers are controlled including the
legal remedies available to a person against them when his rights are infringed by their operation.

Text Books:

1. C.K.Takwani, Lectures on Administrative Law, Eastern Book Company

Reference Books
1. M. P Jain and S.N. Jain , Principles of Administrative Law , Lexis Nexis

2. S. P Sathe , Administrative Law , Lexis Nexis

Course Content

Session Topic
Module I Evolution and Scope of Administrative Law 10 lectures

 Meaning of Administrative Law, Definitions

 Reasons for growth of Administrative Law

 Nature and Scope of Administrative Law

 Sources of Administrative Law

 Relationship between Constitutional law and Administrative Law

 Basic Concepts of Administrative Law

1. Rule of law
2. Doctrine of Separation of powers

3. Droit Administratiff

Case Laws
Kesavnanda Bharti v. State of Kerala AIR 1973 SC 1461
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
Reading Materials:
Jain, MP, Principles of Administrative law, LexisNexis
Takwani, CK, Lectures on Administrative Law, Eastern Book Company
Sathe, SP, Administrative law, LexisNexis

Module II Legislative Functions of Administration 06 lectures

 Meaning of Delegated Legislation

 Reasons and Need for Delegated Legislation

 Advantages of Delegated Legislation

 Disadvantages of Delegated Legislation

 Control over Delegated Legislation


1. Parliamentary Control
2. Judicial Control

 Constitutional Validity of Delegated Legislation

 Conditional Legislation

 Sub Delegation

Case Laws
Ajoy Kumar Banerjee v. Union of India, AIR 1984 SC 1130
St. John Teachers Training v. Regional Director, NCTE, AIR 2003 SC
1533
Sitaram v. State of UP, AIR 1972 SC 1168
Jalan Trading Co. Pvt. Ltd. v. Mill Mazdoor Sangh, AIR 1967 SC 691
Gammon India Ltd. v. Union of India, AIR 1974 SC 960
Patna University v. Amit Tiwari, AIR 1997 SC 3456
Madeva Upendra Sinai v. Union of India, AIR 1975 SC 809
State of Bombay v.Narottamdas, AIR 1951 SC 69
Sardar Inder Singh v. state of Rajasthan, AIR 1957 SC 510
Central Talkies Ltd. v. Dwarka Prasad, AIR 1961 SC 606
Raman & Raman v. state of Madras, AIR 1959 SC 694
Amratlal v. State, AIR 1972 Guj 260
Kathi Raning Rawat v. State of Saurashtra, AIR 1952 SC 123
Edward Mills Ltd. v. State of Ajmer, AIR 1955 SC 25
Hamdard Dawakhana v. Union of India, AIR 1960 SC 554
Harishankar Bagla v. The State of M.P, AIR 1954 SC 465
Amrith Singh v.s Union of India
Hansraj v. Bar Council of Maharashtra, AIR 1996 SC 1708
Kiran Gupta v. State of U.P., AIR 2000 SC 3299
State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77
Bombay Dyeing & Mfg. Co. Ltd v. Bombay Environmental Action Group,
AIR 2006 SC 1489
Lohia Machines Ltd. v. Union of India, AIR 1985 SC 421
Chintamanrao v. State of M.P., AIR 1951 SC 118
Chandra Bali v. R., AIR 1952 All 795
Tahir Husain v. District Board, Muzaffarnagar, AIR 1954 SC 630
Chester v. Bateson, (1920) 1 KB 829
Indian Council of Legal Aid & Advice v. Bar Council of India, AIR 1955
SC 691
D.S. Nakara v. Union of India, AIR 1983 SC 130
Air India v. Nergesh Meerza, AIR 1981SC 1829
Narendra Kumar v. Union of India, AIR 1960 SC 430
Gullapalli Nageswara Rao v.apsrtc, AIR 1959 SC 308

Reading Materials:
Jain, MP, Principles of Administrative law, LexisNexis
Takwani, CK, Lectures on Administrative Law, Eastern Book Company
Sathe, SP, Administrative law, LexisNexis

Module III Rules of Natural Justice 07 lectures

 Audi Alterem Partem

 Nemo Debet Esse Judex in Propria Causa and Rule against bias,

 Speaking Orders

 Doctrine of Proportionality

 Doctrine of Legitimate Expectation

Case Laws
Union of India v. Tulsiram Patel, AIR 1985 SC 1416
Ridge v. Baldwin, 1964 AC 40
A.K. Kraipak v. Union of India (AIR 1970 SC 150)
Javid Rasool Bhat v. State of Jammu and Kashmir (1984 2 SCC 631)
J. Mohapatra & Co. v. State of Orissa, AIR 1984 SC 1572
P.K. Gosh v. J.G. Rajput, (1955) 6 SCC 744
Institute of Chartered Accountants of Indiaa v. L.K. Ratna, AIR 1987 SC
71
West Bengal v. Shivananda Pathak, AIR 1955 SC 2050
International Airports Authority v. K.D.Bali , AIR 1988 SC 1099
J.B. Parikh v. University of Bombay, AIR 1987 Bom 332
State of Jammu kashmir v. Haji Wali Mohd., AIR 1972 SC 2538
Annamunthodo v. Oilfields Workers, (1931) 3 All ER 621
Ravi Naik v. Union of India, AIR 1994 SC 1558
Cooper v. Wandsworth Boardof Works, (1863) 14 CBNS 180
State of Orissa v. Binapani Dei, AIR 1967 SC 1269
Maneka Gandhi v. Union of India, AIR 1978 SC 597
Maharashtra State Board v. Paritosh Bhupesh Kumar Seth, AIR 1984 SC
1543
Hira Nath Mishra v. Principal, Rajendra Medical College, AIR 1973 SC
1260
Avinash Nagra v. Vidhyalaya Samiti, (1997) 2 SCC 534
Bari Doab Bank v. Union of India, (1997) 6 SCC 417
Chinni Ramakrishna Rao v. Registrar, Andhra University, AIR 1972
A.P.127
State of Jammu and Kashmir v. Bakshi Gulam Mohammed, AIR 1967 SC
122
U.P Warehousing Corporation v. Vijay Narayan Vajpayee, AIR 1980 840
A.K Roy v. Union of India, AIR 1982 SC 710
D.C.Saxena v. State of Haryana, AIR 1987 SC 1463
Siemens Engg. & Mfg. co. of India Ltd. v. Union of India, AIR 1976 SC
1785
Raipur Development Authority v. Chokhamal Contractors, AIR 1990 SC
1426
Liberty Oil Mills v. UOI, AIR 1984 SC 1271
UOI V. E.G. Nambudri, AIR 1991 SC 1216
Olga Tellis v. Bombay Muncipal Corporation, AIR 1986 SC 180

Reading Materials:
Jain, MP, Principles of Administrative law, LexisNexis
Takwani, CK, Lectures on Administrative Law, Eastern Book Company
Sathe, SP, Administrative law, LexisNexis

Module IV Government Liability 07 lectures

 Doctrine of Crown Privilege

 Liability in Torts

 Liability in Contracts
 Good Governance: The Right to Information Act

Case Laws
Bata shoe Company v. UOI, AIR 1954 Bom 129
In Maharaja Bose v. Governor General-in-Council, AIR 1952 Cal 242
Basava Patil v. State of Mysore, AIR 1977 SC 1749
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
N. Nagendra Rao v. State of A.P, AIR 1994 SC 2663
Bhikraj Jaipuria v. UOI, AIR 1962 SC 113
Karamshi Jethabhai v. State of Bombay, AIR 1964 SC 174
State of West Bengal v. B.K. Mondal, AIR 1962 SC 779
Secretary of state v. G.T. Sarin and Co., 11 Lah 375
Radha Krishna Agarwal v. State of Bihar, AIR 1977 SC 1496
Duncan v. Cammell Laird & Co. Ltd., 1942 AC 624
Air Canada v. Secretary of state for Trade, (1983) 1 All ER 910
State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493
State of UP v. Raj Narain, AIR 1975 SC 865
State of UP v. Chandra Mohan Nigam, AIR 1977 SC 2411
R.K. Jain v. UOI, 1993 4 SCC 119inesh Trivedi v. UOI, 1997 4 SCC 306
Reliance Petrochemicals Ltd v. Indian Express Newspapers (Bombay) Pvt.
Ltd., AIR 1989 SC 190
Union of India v. Association for Democratic Reforms, AIR 2002 SC 2112

Reading Materials:
Jain, MP, Principles of Administrative law, LexisNexis
Takwani, CK, Lectures on Administrative Law, Eastern Book Company
Sathe, SP, Administrative law, LexisNexis

Module V Remedies against Administrative Bodies 10 lectures

Judicial Review
 Grounds of judicial review
1. Abuse of discretion,
2. Failure to exercise discretion,

 Doctrine of Promissory Estoppel

 Non observance of principles of Natural Justice

Judicial Remedies
 Writs – Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo
Warranto
 Injunctions

 Public Interest Litigation(PIL)

Case Laws :
Keshavan Bhaskaran v. State of Kerla, AIR 1061 Ker 23
Commissioner of Police v. Gordhandas, AIR 1952 SC 16
Newspapers Ltd. v. State Industrial Tribunal, AIR 1957 SC 532
Barium Chemicals v. Company Law Board, AIR 1967 SC 295
Ranjit Thakur v. UOI, AIR 1987 SC 2368
Sachidanand Pandey v. state of West Bengal, AIR 1987 SC 1109
Pratap Singh v. State of Punjab, AIR 1964 SC 72
Nalini Mohan v. Dist. Magistrate, AIR 1951 Cal 346
H.D. Vora v. State of Maharashtra, AIR 1984 SC 866
Air India v. Nargesh Meerza, AIR 1981 SC 1829
Bhupendra Kumar Sharma v. Bar Association, Pathankot, AIR 2002 SC
47
Madhuri Patel v. Addl. Commissioner, AIR 1995 SC 94
Add.District Magistrate, Jabalpur v. Shivkanth Shukla, AIR 1976 SC 1207
Chiranjit Lal v. UOI, AIR 1951 SC 41
Rudul Shah v. State of Bihar, AIR 1983 SC 1086
Rashid Ahmed v. Muncipal Board, AIR 1959 SC 163
Benett Coleman & Co. Ltd. v. UOI, AIR 1973 SC 788
Mohd. Hanif v. State of Assam (1969) 2 SCC 782
Sunil Batra v. Delhi Administration, (1980) 3 SCC 488
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
D.K.Basu v. State of West Bengal, AIR 1967 SC 610

Reading Materials:
Jain, MP, Principles of Administrative law, LexisNexis
Takwani, CK, Lectures on Administrative Law, Eastern Book Company
Sathe, SP, Administrative law, LexisNexis

Module VI Other Administrative Bodies 10 lectures

Administrative Tribunals
 Definition of an Administrative Tribunal

 Characteristics of an Administrative Tribunal

 Reasons for growth of Administrative Tribunals


 Constitutional Provisions as regards Administrative Tribunals
(Sampat Kumar from Chandra Kumar)

Civil Services
 Role and Functions
 Importance and Classification
 Doctrine of Pleasure

Public Corporations
 Characteristics and legal status
 Classification of Public Corporations
 Control of Public Corporations
 Rights Duties and Liabilities of Public Corporations

Ombudsman
 Concept and need
 Lokpal and Lokayukta
 Central Vigilance Commissioner
Case Laws:
State of U.P. v. Mohd. Noor, AIR 1958 SC 86
M.P. Industries v. UOI, AIR 1966 SC 671
Bhopal Sugar Industries Ltd. v. I.T.O., AIR 1997 SC 3277
State of Orissa v. B. Mahapatra, AIR 1963 SC 779
UOI v. Tulsiram Patel, AIR 1985 SC 1416
Motiram Deka v. Gen. Manager, N.E.F. Rly., AIR 1964 SC 600
Krishna Kumar v. Divisional Ast. Electrical Engineer, Central Rly., AIR
1979 SC 1912
Parshottam v. UOI, AIR 1958 SC 36
UOI v. Ram Phal, AIR 1996 SC 1500
Managing Director, ECK, Hydrabad v. Karunakar, AIR 1994 SC 1074
Mahesh Chandra v. U.P. Financial Corp., AIR 1993 SC 935
Sukhdev Singh v. Bhagatram, AIR 1975 SC 1331
LIC of India v. Consumer Education Research Center, AIR 1995 SC 1811

Reading Materials:
Jain, MP, Principles of Administrative law, LexisNexis
Takwani, CK, Lectures on Administrative Law, Eastern Book Company
Sathe, SP, Administrative law, LexisNexis

Assessment Methods

Specific assessments / methods Weightage


Continuous assessment In per cent
Class Participation 10
Quizzes (Average of all three quizzes to be conducted) 10
Assignments, project study and presentation and viva 20
Final Examination 60
Total 100
Lesson Planning with dates and duration of the topics:

Course Outcomes

1. Develop a conceptual understanding of the key concepts and principles of Administrative law and
its present framework in India.

2. Recognize the relationship and difference between Administrative law and Constitutional Law.

3. Comprehend the working of different Administrative bodies.

4. Understand the challenges faced by Administrative law in India and the impact of the judicial
trends.

Sr No Date Lecture Unit/ Topic and Sub Topic Learning


No. Module Outcome

Introduction to
1 - 1 I 1
Administrative Law
Syllabus, Project, Topics,
Course Outcome,
Recommended Books,
Paper Pattern Etc.

Introduction to
Administrative Law
2 2
- I Meaning of Administrative 1
Law, Definitions
Introduction to
3 3
- I Administrative Law 1
Meaning of Administrative
Law, Definitions (contd.)

Sr No Date Lecture Unit/ Topic and Sub Topic Learning


No. Module Outcome
Introduction to 1
Administrative Law
4 4
- I
Reasons for growth of
Administrative Law
Introduction to
Administrative Law
5 5
- I Reasons for growth of 1
Administrative Law
(contd.)

Nature and Scope of


Administrative Law

Introduction to
Administrative Law
6 - 6 I 1
Sources of Administrative
Law
I Introduction to
Administrative Law
7 - 7 I 1
Sources of Administrative
Law (contd.)

Relationship between
Constitutional law and
Administrative Law

Introduction to
Administrative Law
8 - 8 I 1
Rule Of Law
Introduction to
Administrative Law
9 9 I 1
Doctrine of Separation of
Powers
Sr No Date Lecture Unit/ Topic and Sub Topic Learning
No. Module Outcome
Introduction to
Administrative Law
10 - 10 I 1
Doctrine of Separation of
Powers (contd.)

Droit Administratiff
Delegated Legislation
11 11
- II Meaning of Delegated 1
Legislation
Delegated Legislation
12 - 12 II Reasons and Need for 1
Delegated Legislation
Delegated Legislation
13 13
- II Advantages of Delegated 1
Legislation
Delegated Legislation
14 14
- II Disadvantages of Delegated 1
Legislation

15 15
- II Delegated Legislation 1

Control over Delegated


Legislation:

 Parliamentary
Control
 Judicial Control
Delegated Legislation

Constitutional Validity of
16 16 Delegated Legislation
- II 1
Conditional Legislation

Sub Delegation
Sr No Date Lecture Unit/ Topic and Sub Topic Learning
No. Module Outcome
Principles of Natural
17 17 Justice
- III 1
Audi Alterem Partem
Principles of Natural
18 18 Justice
- III 1
Audi Alterem Partem

Principles of Natural 1
19 19 III Justice
-
Nemo Debet Esse Judex in
Propria Causa

- Principles of Natural
Justice

20 20 Rule against Bias


III 1

Principles of Natural
21 21 Justice 1
- III
Rule against bias

(Contd.)

Principles of Natural
22 22 Justice
- III 1
Doctrine of Proportionality

Principles of Natural 1
23 23 Justice
- III
Doctrine of Legitimate
Expectation
Sr No Date Lecture Unit/ Topic and Sub Topic Learning
No. Module Outcome
Government Liability
Doctrine of Crown Privilege
24 24
- IV 3

Government Liability
25 - 25-26 IV 3
Liability in Torts

Government Liability 3
26 - 27-28 IV Liability in Contracts

Government Liability
27 29-30
- IV Good Governance: The 3
Right to Information Act

Remedies against
Administrative Bodies
28 - 31-33 V 4
Judicial Review and
Grounds of judicial review

-Abuse of discretion,

-Failure to exercise
discretion,

Remedies against
Administrative Bodies
29 34
- V 4
Doctrine of Promissory
Estoppel

Non observance of
principles of Natural Justice

Remedies against
Administrative Bodies
30 35-37
- V 4
Judicial Remedies

Writs
Introduction to Writs
Habeas Corpus
Mandamus
Certiorari
Prohibition
Quo Warranto

31 38-40 V Remedies against


Administrative Bodies

Injunctions
Public Interest Litigation
37 - 41-43 VI Administrative Tribunals 4
Definition of
Administrative Tribunals
Characteristics of
Administrative Tribunals
Sr No Date Lecture Unit/ Learning
No. Module Outcome
38 - 44 VI Reasons for growth of 4
Administrative tribunals

4
39 - 45 VI
Civil Service
Role and Functions

46-47 VI Civil Service 4


40 Importance and
-
Classification

Doctrine of Pleasure

Sr No Date Lecture Unit/ Topic and Sub Topic Learning


No. Module Outcome
Public Corporations
41 48-49 VI
- 4

42 - 50 VI Ombudsman 5