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BLS LLB Administrative Law Syllabus Sem 7 - Mumbai University | munotes

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Administrative Law Syllabus.pdf
Semester 7 · Fourth Year · 4 credits

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Syllabus for Administrative Law

Semester 7 · Fourth Year · 4 credits

Module I

  • 1.1 Introduction Transformation- Laissez-faire to welfare State Definition, Nature and Scope of Administrative Law Sources of Administrative Law Reasons for growth of Administrative Law Red Light Theory and Green Light Theory Historical Growth and Development of Administrative Law (England, US, France and India) Constitutional Law and Administrative Law English Administrative Law and Indian Administrative Law
  • 1.2 Basic Constitutional Principles Rule of Law Rule of Law under Indian Constitution Separation of Powers Separation of Powers in practice (US, England and India)
  • 1.3 Classification of Administrative Functions Tripartite functions of Administration Legislative and Judicial Functions Distinction Legislative and Executive Distinction Judicial and Quasi-judicial Distinction

Module II

  • 2.1 Delegated Legislation Reasons for growth of Delegated Legislation Constitutional Validity of Delegated Legislation Doctrine of Excessive Delegation-Permissible and Non- permissible Delegation Forms/ Types of Delegated Legislation
  • 2.2 Safeguards and Controls on Delegated Legislation Judicial Control over Delegated Legislation Legislative Control over Delegated Legislation Other Controls over Delegated Legislation
  • 2.3 Principles of Natural Justice Definition, Nature and Scope Rule against Bias Audi Alteram Partem Post Decisional Hearing Reasoned Decisions Effect of failure of Natural Justice Exceptions to Principles of Natural Justice

Module III

  • 3.1 Administrative Tribunals Characteristics Administrative Tribunal and Court- Distinction Working of Tribunals
  • 3.3 Tribalization and threat to independence of judiciary- Tribunals Reforms Act, 2021
  • 3.2 Administrative Discretion & Judicial Control, Judicial Remedies against administrative Arbitrariness Need for conferring discretion on Administrative Authorities Grounds of Judicial Review- Abuse of Discretion and Failure to exercise Discretion Doctrine of Legitimate Expectation Doctrine of Proportionality, Public Accountability.
  • 3.3 Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability Statutory Immunity and privileges of Government - act of state, Govt. Privileges in legal proceedings, State secrets- public interest privilege, Estoppels, waiver , Doctrine of legitimate expectations and accountability

Module IV

  • 4.1 Corporations and Public Undertakings Definition and Characteristics Classification of Public Corporation Liabilities of Public Corporation Control over Public Corporation
  • 4.2 Informal methods of settlement of disputes and Grievance Redressal Procedures Conciliation and Mediation Use of Media-Lobbying and Public Participation, Public Inquiries and Commissions of Inquiry, Ombudsman: Lokpal and Lok Ayukta Lokpal and Lokayukta Act, 2013 Maharashtra Lokayukta and Uplokayukta Act, 1971 Central Vigilance Commission Congressional and Parliamentary Committees
  • 4.3 Civil Services in India Nature and Organization of Civil Services Powers and Functions Accountability and Responsiveness- Problems and Perspectives Administrative Deviance- Corruption, Nepotism and Mal-administration- Prevention of Corruption Act, 1988 Whistleblowers‘ Protection Act, 2014
  • 4.4 Right to Information Act, 2005 Transparency and Right to Information-Constitutional Imperative Object, Application, Definitions and Salient Features of the Act Right to Information and Obligations of Public Authorities, Central Information Commission, State Information Commission, Powers and Functions of the Information Commissions, Appeal and Penalties Hurdles in the implementation

Suggested readings and References

  • 1 C. K. Takwani, Lectures on Administrative law, Third Edition, Eastern Book Company.
  • 2 S.P. Sathe, Administrative law, Seventh Edition, LexisNexis.
  • 3 H.W.R. Wade And C.F .Forsyth, Administrative Law, Eleventh Edition, Oxford.
  • 4 M.P. Jain and S.N. Jain, Principles of Administrative Law, Seventh Edition Volume 2, LexisNexis Butterworth‘s Wadhwa, Nagpur.
  • 5 I.P.Massey, Administrative Law, Sixth Edition, Eastern Book Company.
  • 6 M.P.Jain, The Evolving Indian Administrative Law, N. M. Tripathi Private Ltd,1983.
  • 7 Prof. Saiyed I.A:-Administrative Law.

Reproduced from the University of Mumbai Revised Syllabus for LL.B. (5 years) Five Years Integrated Course (CBCS), in force from the academic year 2022-23 and amended in June 2023. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

This subject is cut from the revised syllabus. Open a document here if you want the whole thing rather than a single subject.

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