PAPER 7.1. ADMINISTRATIVE LAW

UNIT - I Evolution, Nature and Scope of Administrative Law; From a Laissez– Faire to a Social Welfare State; Administrative Law, Scope of Administration and Administrative Law; Classification of Administrative Action; Rule of Law vis-a-vis Administrative Law; Constitutional Background of Administrative Law; Some representative definitions of Administrative Law; Relationship between Administrative Law and Constitutional Law; Evolution of Administration as the Fourth Branch of Government; Necessity for Separation of Powers and Delegation of Power on Administration; Separation of Powers;

UNIT - II Delegation of Legislative Power; Constitutionality of Delegated Legislation; Powers of Exclusion and Inclusion and the power to modify the statute; Subordinate, Conditional and Delegated Legislation; What delegation is Permissible? What Functions Cannot Be Delegated By The Legislature? The Power ‗To Remove Difficulties; Requirements for the Validity of Delegated Legislation and Legislative Control of Delegated Legislation; Publication of Delegated Legislation; Laying Procedures and Their Efficacy;

UNIT-III Judicial Control of Delegated Legislation; Sub–Delegation of Legislative Powers Administrative Tribunals and Other Adjudicating Authorities: Their Ad–Hoc Character. Tribunals: Need, Nature, Constitution, Jurisdiction and Procedures; Jurisdiction of Administrative and other Authorities; Administrative Functions and Control: Distinction between Quasi–Judicial and Administrative Functions; Rules of Natural Justice; Reasoned Decisions; Institutional Decisions; Administrative Appeals;

UNIT-IV Judicial Control: Judicial Control of Administrative Action; Exhaustion of Administrative Remedies; Standing: Standing for Public Interest Litigation (Social Action Litigation) Collusion, Bias; Laches, Res-Judicata, Jurisdictional Error/Ultra Vires– Abuse and Non Exercise of Jurisdiction; Error Apparent on the face of the record; Violation of Principles of Natural Justice; Unreasonableness; Remedies in Judicial Review: Statutory Appeals; Writs, Declaratory Judgments and Injunctions; Specific Performance and Civil Suits for Compensation;

UNIT-V Administrative Discretion and its Need; Administrative Discretion vis-à-vis Rule of Law; Limitations on the Exercise of Discretion; Constitutional Imperatives and Use of Discretionary Authority; Irrelevant Considerations; Non–exercise of Discretionary power; 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 Inquires and Commissions of Inquiry; Ombudsman: Lok Pal and Lokayukta; Appointment of First Lokpal (Anti-Corruption) in India and Future Effects; Central Vigilance Commission;