Overview: The law governing administration – the exercise of governmental power and the mechanisms controlling it. Get ready to learn more about the Administrative Law (K-3003) Exam.
Objectives: To understand the emergence of administrative law as a response to expansive government; the role of rule of law; the doctrine of separation of powers; and how courts review administrative action.
Outcomes: Students should grasp the scope of delegated legislation (when Parliament allows others to make rules), and the three pillars of judicial control: natural justice, writ jurisdiction, and other controls. They will be able to articulate what it means for an act to violate natural justice and how remedies (certiorari, etc.) work.
Syllabus – CCSU:
- Evolution: Growth of government administration; definition of administrative law. Rule of law vs. arbitrary rule. Separation of powers doctrine.
- Delegated Legislation: Need (expert bodies, convenience); enabling statutes; constitutionality (excess, procedural safeguards). Controls: Judicial (ultra vires doctrine, procedural fairness – see A.K. Roy v. UOI), Parliamentary (legislative oversight, affirmative/negative resolutions), and Procedural (publication, consultation requirements).
- Natural Justice: Essential elements – “Nemo judex in causa sua” (no bias) and “audi alteram partem” (fair hearing). Additional facets (reasoned decisions [State Union Carbide case], legitimate expectation). Exceptions (emergency or war, final decisions).
- Writs (Art. 32/226): Habeas Corpus, Prohibition, Certiorari, Mandamus, Quo-Warranto. Grounds for each (e.g. Certiorari for jurisdictional error). Case examples: A.K. Kraipak (selection process), D.K. Basu (arrest guidelines).
- Public Interest Litigation: The concept of judicial activism to enforce rights on behalf of the public.
- Ombudsman: Lokpal (central) and Lokayukta (UP) – their role in tackling official corruption.
- Administrative Tribunals: Need (speedier justice in specialized areas) and main example: Central Administrative Tribunal (CAT) – composition, jurisdiction.
Recommended Texts:
- D.D. Basu, Comparative Administrative Law.
- Jain & Jain, Principles of Administrative Law.
- Joshi K.C., Administrative Law.
- I.P. Massey, Administrative Law.
- S.P. Sathe, Administrative Law.
- Takwani C.K., Lectures on Administrative Law.
- C.K. Thakkar, Administrative Law.
- Wade, Administrative Law (English perspective) for broader theory.
Statutes/Cases: Constitution (Arts. 14–32 for equality/nature of justice; Part X for Administrative Tribunals). G. Chintaman Rao v. State of M.P. (fair hearing in delegated legislation); Maneka Gandhi v. UOI (reasoned order obligation); S.R. Bommai v. UOI (legislative control of President’s Rule – interplay with admin law). Entores vs. Buffett for certiorari. S.R. Hiremath v. Karnataka (PIL). Lokpal Act, 2013 and Lokayukta Act (UP) 1979 for context.