Administrative Law Notes | B.B.A. LL.B. (Five Years) Semester 5 | KSLU | munotes

Contents

Unit I Definition of Administrative Law - Nature and scope - The impact and implications of the Doctrine of Separation and the Rule of Law on Administrative Law, Classification of Administrative Action - the necessity

1. Administrative Law: What This Paper Covers, and How to Read This Book 1
2. The Rise of the Administrative State 6
3. What Administrative Law Is: Definition, Nature and Scope 12
4. Sources of Administrative Law 18
5. Red Light and Green Light Theories 24
6. How Administrative Law Grew: England, United States, France and India 30
7. Administrative Law and Constitutional Law 36
8. Rule of Law 41
9. Separation of Powers 49
10. Classification of Administrative Functions 58
11. Distinguishing Legislative, Judicial, Quasi-judicial and Administrative Functions 64

Unit II Legislative Power of Administration - Doctrine of Vice of excessive Delegation - Judicial and Parliamentary control over delegative legislation - Advantages and disadvantages of delegated legislation - Exclusion of Judicial Review of Delegated Legislation, Administrative directions.

1. Delegated Legislation and Why It Grew 71
2. Constitutional Validity of Delegated Legislation 77
3. Excessive Delegation: Permissible and Impermissible Delegation 84
4. Forms and Types of Delegated Legislation 92
5. Judicial Control over Delegated Legislation 97
6. Exclusion of Judicial Review of Delegated Legislation 103
7. Legislative Control over Delegated Legislation 109
8. Other Controls: Publication, Consultation and Procedural Safeguards 114
9. Administrative Directions 120

Unit III Judicial power of Administration - Tests to determinse when an administrative authority required to act judicially - Doctrine of Bias - Doctrine of Audi Altrem Partem - Reasoned decision - Exceptions to Natural Justice - Effect of non-compliance with rules of Natural Justice - grounds on which decision of quasi-judicial authority can be flaged before Supreme Court

1. Administrative Tribunals: Nature and Characteristics 126
2. Tribunal and Court Distinguished 132
3. The Working of Tribunals: the Administrative Tribunals Act 1985 137
4. Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 145
5. Principles of Natural Justice: Definition, Nature and Scope 155
6. The Rule Against Bias 162
7. Audi Alteram Partem 170
8. Reasoned Decisions 176
9. Post-Decisional Hearing 181
10. Exceptions to the Principles of Natural Justice 187
11. The Effect of a Failure of Natural Justice 193
12. Challenging a Quasi-judicial Decision in the Supreme Court: Article 136 199

Unit IV Administrative Discretion - Grant and exercise of discretion - Judicial review of Administrative Discretion, Control of Administrative Action - Judicial Control - Public Law and Private Law Remedies - distinction

1. Administrative Discretion and Why It Is Conferred 205
2. Grounds of Judicial Review: Abuse of Discretion 211
3. Grounds of Judicial Review: Failure to Exercise Discretion 217
4. Judicial Remedies against Administrative Arbitrariness: the Writs 223
5. Writ Practice and Procedure, and Ouster Clauses 233
6. Public Law and Private Law Remedies 242
7. Tortious Liability of the State 249
8. Sovereign and Non-Sovereign Functions 255
9. Constitutional Tort: Compensation for the Breach of Fundamental Rights 262
10. Act of State and Statutory Immunity 268
11. Contractual Liability of the State 274
12. Estoppel and Waiver against the Government 281
13. The Doctrine of Legitimate Expectation 288
14. The Doctrine of Proportionality 294

Unit V Corporate and Public Undertakings - Control of statutory corporations and public undertakings - Administrative deviance - Corruption and mal administration - Control mechanism

1. Corporations and Public Undertakings: Definition and Characteristics 301
2. Classification of Public Corporations 307
3. Liability of and Control over Public Corporations 311
4. Administrative Deviance: Corruption, Nepotism and Maladministration 317
5. The Prevention of Corruption Act 1988 323
6. Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution 330
7. Public Accountability 339
8. The Ombudsman 344
9. Lokpal: the Lokpal and Lokayuktas Act 2013 349
10. Lokayukta in Karnataka: the Karnataka Lokayukta Act 1984 357
11. The Central Vigilance Commission 369
12. Congressional and Parliamentary Committees 376
13. Public Inquiries and the Commissions of Inquiry Act 1952 382