Administrative Law Notes | B.A. LL.B. (Five Years) Semester 9 | SPPU | munotes

Contents

Module 01 Evolution, Nature and Scope of Administrative Law

1. The Rise of the Administrative State 1
2. What Administrative Law Is: Definition, Nature and Scope 7
3. Sources of Administrative Law 13
4. Red Light and Green Light Theories 19
5. How Administrative Law Grew: England, United States, France and India 25
6. Administrative Law and Constitutional Law 31
7. Separation of Powers 36
8. Rule of Law 44
9. Classification of Administrative Functions 52
10. Distinguishing Legislative, Judicial, Quasi-judicial and Administrative Functions 58

Module 02 Delegated Legislation (Legislative Powers of Administration)

1. Delegated Legislation and Why It Grew 65
2. Constitutional Validity of Delegated Legislation 71
3. Excessive Delegation: Permissible and Impermissible Delegation 77
4. Restraints on Delegation of Legislative Power: The United Kingdom, the United States and India Compared 84
5. Legislative Control over Delegated Legislation 88
6. Other Controls: Publication, Consultation and Procedural Safeguards 93
7. Judicial Control over Delegated Legislation 99
8. Forms and Types of Delegated Legislation 105

Module 03 Administrative Adjudication (Judicial Powers of Administration)

1. Administrative Tribunals: Nature and Characteristics 110
2. Tribunal and Court Distinguished 116
3. The Working of Tribunals: the Administrative Tribunals Act 1985 121
4. Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 129
5. Principles of Natural Justice: Definition, Nature and Scope 139
6. The Rule Against Bias 146
7. Audi Alteram Partem 152
8. Reasoned Decisions 158
9. Post-Decisional Hearing 163
10. Exceptions to the Principles of Natural Justice 169
11. The Effect of a Failure of Natural Justice 174

Module 04 Judicial Review of Administrative Discretion

1. Administrative Discretion and Why It Is Conferred 180
2. Grounds of Judicial Review: Failure to Exercise Discretion 186
3. Grounds of Judicial Review: Abuse of Discretion 191
4. Judicial Remedies against Administrative Arbitrariness: the Writs 197
5. The Doctrine of Proportionality 206
6. The Doctrine of Legitimate Expectation 212
7. Public Accountability 218

Module 05 Liability For Wrongs of Government / State (Tortious and Contractual)

1. Tortious Liability of the State 223
2. Sovereign and Non-Sovereign Functions 229
3. Contractual Liability of the State 236
4. Estoppel and Waiver against the Government 242
5. Act of State and Statutory Immunity 248
6. Government Privilege in Legal Proceedings and State Secrets 254

Module 06 Corporations and Public Undertakings

1. Corporations and Public Undertakings: Definition and Characteristics 260
2. Classification of Public Corporations 266
3. Liability of and Control over Public Corporations 270
4. Congressional and Parliamentary Committees 276

Module 07 Settlement Of Disputes And Grievance Redressal Procedures

1. Informal Settlement of Disputes: Conciliation and Mediation 282
2. Use of Media, Lobbying and Public Participation 288
3. Public Inquiries and the Commissions of Inquiry Act 1952 294
4. The Ombudsman 301
5. Lokpal: the Lokpal and Lokayuktas Act 2013 306
6. Lokayukta in Maharashtra: the 1971 Act, and the 2023 Act awaiting commencement 314
7. The Central Vigilance Commission 321
8. The Prevention of Corruption Act 1988 328
9. Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution 335

Module 08 Right To Information

1. Transparency and the Right to Information: a Constitutional Imperative 344
2. The RTI Act 2005: Object, Application, Definitions and Salient Features 351
3. Obligations of Public Authorities and How a Request Is Made 358
4. Accountability and Responsiveness: Problems and Perspectives 365
5. Exemptions from Disclosure 371
6. The Central and State Information Commissions 378
7. Appeals and Penalties under the RTI Act 386
8. Hurdles in the Implementation of the RTI Act 393