PAPER-3.4 ADMINISTRATIVE LAW AND RIGHT TO INFORMATION ACT, 2005 (Question-Answer Series) H प्रशासनिक विधि एंव सुचना का अधिकार

PAPER-3.4 ADMINISTRATIVE LAW AND RIGHT TO INFORMATION ACT, 2005  (Question-Answer Series) H  प्रशासनिक विधि एंव सुचना का अधिकार

The book prepared according to following syllabus Question-Answer Format in Hindi Medium. 

UNIT - I

Nature and Scope of Administrative Law:

Meaning, Definition and Evolution of Administrative Law; Relationship between Administrative Law and Constitutional Law; Basic Concepts of Administrative Law: Rule of Law: Dicey‘s Principle of Rule of Law: Theory of Separation of Powers; Classification of Administrative Functions: Legislative, Administrative & Judicial; Delegated Legislation: Meaning, Nature, Scope, Forms and Its Growth; Necessity for Delegation of Legislative Power and Control; Parliamentary Control, Procedural Control, Sub-Delegation of Legislative Powers; Quasi-judicial, Administrative and Ministerial Functions; 

UNIT - II

Judicial Control of Administrative Action:

Grounds of Judicial Control; Principles of Natural Justice; Administrative Discretion and its Control; Writ Jurisdiction of High Court‘s and Supreme Court: Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-warranto Writs; Judicial Responses; Power of Judicial Review: Grounds and Scope; Jurisdictional Error/Ultra Vires, Abuse and Non-Exercise Jurisdiction, Error Apparent on the Face of the Record; Violation of Principles of Natural Justice: Rule Against Bias (Nemo Judex In Causa Sua); Audi Alteram Partem (or Audiatur Et Altera Pars) Right to Consult a Lawyer, Reasoned and Speaking Decision;

UNIT - III

Judicial Redressal of Citizens Grievances:

Liability of the State in Torts, Contracts and Constitutional mandate; Doctrine of Promissory Estoppels; Government and Public Corporations; Administrative Adjudication: Reasons for Growth, Structure and Procedure of Administrative Bodies: Tribunals; Finality of the Tribunal‘s Decisions; The Administrative Tribunals Act, 1985 as amended by The Administrative Tribunals (Amendment) Act, 2006: Need, Importance, Objectives; Definitions, Concept, Key Features of the Act and Amendment;(Forty Second Constitutional Amendment Act 1976);Judicial Responses;

UNIT - IV

Ombudsman:

Meaning, Nature, Jurisdiction of Ombudsman in India; Role and Relevance of Ombudsman in Administration and Democracy; Objectives of the Institution of Ombudsman; Characteristics of Ombudsman; Banking Ombudsman Scheme 2006 as amended in 2017:Basic Concepts and Future Effects The Lokpal and Lokayuktas Act, 2013 Including The Lokpal and Lokayuktas Amendment) Act, 2016:Need, Importance, Objectives; Definitions, Concept, Key Features of the Act and Amendment; Judicial Responses; Appointment of First Lokpal (Anti-Corruption) in India and Future Effects; Rajasthan Lokayukta Act, 1973:Need, Importance, Objectives; Definitions, Concept, Key Features of the Act; Judicial Responses; History, Appointment, Qualification, Term, Removal, Positions of Persons excluded from Jurisdiction of Lokayukt, Powers and Duties of Lokayukt;

UNIT - V

The Commissions of Inquiry Act, 1952:

Need, Importance, Objectives; Definitions, Concept, Key Features of the Act; Judicial Responses;The Central Vigilance Commission Act, 2003:Need, Importance, Objectives; Definitions, Concept, Key Features of the Act; JudicialResponses;Right to Information Act, 2005 Including Right to Information (Amendment) Act, 2019:Need, Importance, Objectives; Definitions, Concept, Key Features of the Act and Amendment;Transparency and Right to Information: Constitutional Imperative;Right to Information and Obligations of Public Authorities, CentralInformation Commission, State Information Commission, Powers and Functions of the Information Commissions, Appeal and Penalties; Hurdles in the Implementation of the Act;Judicial Responses;

LEADING CASES:

1) A.K. Kripak v. Union of India, AIR 1970 SC 150

2) L. Chandra Kumar. v. U.O.I., AIR 1997 SC 1125

3) Parshottam Lal Dhingra v. Union of India, AIR 1958 SC 36

4) Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740

5) Rohtas Industries Pvt. Ltd. v. S.D. Agarwal, AIR 1969 SC 707

6) Rupa Ashok Hura v. Ashok Hura, (2002) 4 SCC 388

7) State of Bombay v. K.P. Krishnan, AIR 1960 SC 1223

8) State of Karnataka v. Union of India, AIR 1978 SC 68.

9) State of West Bengal v. Ashish Kumar Roy, AIR 2005 SC 254

10) Syed Yakoob v. Radha Krishna, AIR 1964 SC 477