ADMINISTRATIVE LAW

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On completion of the stream participants will be able to:

  1. explain the principles, standards and doctrines developed by the judiciary as custodian and guardian of the rule of law;
  2. apply the fundamental constitutional and legal requirements in their rule-making and decision-making functions;
  3. state the principles of proper and rational exercise of administrative discretionary power; and
  4. communicate recent developments in the area of judicial review of administrative action, law relating to liability of administration and departmental inquiry.

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Remarkable technological and scientific progress has made the modern democratic State not a mere watch-dog or a police institution but an active participant interfering in almost every sphere of individual and corporate life in society in the changed role of a service state and a welfare state. The growing social consciousness of the age, the increasing complexities of administration and organization, and an incredible rise in the pace of life caused by the manifold application of science and technology to the habits of life, are the three major influences responsible for the growth and expansion of the administrative law, the administrative technique and the administrative process.

 

The administrative state seems to have a democracy problem. On the conventional telling, the exercise of public power in a democracy is legitimate only to the extent that it can be traced back to “the people”, who are ultimately sovereign. The notion that administrative power threatens democratic governance persists. The growth of the Executive Branch, which now wields vast power and touches almost every aspect of daily life, heightens the concern that it may slip from the Executive’s control, and thus from that of the people. Administrative law is the contemporary expression of the tendency toward absolute power – toward consolidated power outside and above the law. An aim of most of these efforts has been to make the administrative state function in a matter more compatible with our democratic commitments. Administrative law has a dual purpose: to improve the quality, efficiency and effectiveness of government decision making generally; and to enable people to test the lawfulness and the merits of decisions that affect them. A person whose interests are affected by a government (or administrative) decision can challenge that decision in a court, an administrative tribunal, or through an investigatory agency/ Ombudsman.

 

Administrative Law provides a mechanism for achieving justice in individual cases by enabling people to test the lawfulness and the merits of decisions that affect them. Through the provision of feedback to decision makers, it improves the quality of government administration; and provides a mechanism for ensuring that the government acts within its lawful powers.  It thus contributes to the accountability system for government decision making. Administrative law mechanisms benefit not only government but make for good corporate governance. For the systemic benefits that characterize it – individual justice, good governance, lawfulness and accountability – are as critical for private corporations to demonstrate, as they are for government.

Overview

Curriculum

Session 1 –Administrative Law –Nature and Scope

 

The session will elaborate

  • Relationship between Public Administration and Public Law,
  • Administrative Law-Meaning, Definition, Scope and Significance
  • Evolution and Development of Administrative Law
  • Basic Doctrines of Administrative Law
  • Relationship between Constitutional Law and Administrative Law,
  • Administrative Action– Meaning and Classification.

 

Session 2 -Delegated Legislation

 

The module will help understand

  • Delegated Legislation- Concept and Growth
  • Development of Delegated Legislation in India: Pre and Post Constitutional Period
  • Rules and Principles of Administrative Rule making
  • Control Mechanisms of Delegated Legislation: Parliamentary, Procedural and Judicial
  • Sub-delegation-Limits

 

Session 3 – Principles of Natural Justice

 

  • The session will give an insight into:
  • Concept, Evolution and Importance of Principles of Natural Justice
  • Natural Justice in India
  • Natural Justice and Statutory Provisions
  • Application of Natural Justice
  • Principles of Natural Justice – Rule against Bias and Rule of Fair Hearing;
  • Exceptions to Natural Justice
  • Effect of Violation of Natural Justice

 

 

Session 4- Administrative Discretion

This session will provide:

  • Meaning and Definition of Administrative Discretion
  • Control of Administrative Discretion
  • Judicial and Other remedies

 

Session 5-Judicial review of Administrative Action

 

This session will present:

  • Judicial Review – Concept and Meaning
  • Grounds for judicial review
  • Constitutional basis of judicial review
  • Remedies -Prerogative writs, Constitutional Remedies, Statutory Remedies, Equitable Remedies – Common Law Remedies, etc.

 

Session 6- Administrative Adjudication through Tribunal

 

The session will explain:

  • Need and importance of Administrative Tribunals
  • Reasons for the growth of Administrative Adjudication and its need;
  • Problems of Administrative Adjudication;
  • Mechanism for Administrative Adjudication–Statutory and Domestic Tribunals;
  • Administrative Tribunal – Definition, Constitutional Status and Rules and Principles

 

Session 7- Constitutional safeguards available to civil servants

 

The session will elaborate:

  • Safeguards for public servants-Constitutional Provisions
  • Need and importance of these safeguards,
  • Legal principles laid down by courts regarding condition of service of civil servants

 

Session 8– Vicarious Liability of State

 

The session will explain:

  • Doctrine of Vicarious Liability
  • Liability of the Administration –Constitutional and other provisions;
  • Extent of liability of state
  • Changing trends in judicial interpretation in India

 

 

 

Session 9–Government Liability under Contract

 

This session will focus on:

  • Legal basis for Contracts
  • Contractual Liability of the Administration –Constitutional and other provisions;
  • Judicial Interpretations

Session 10–Judicial Activism through Pubic Interest Litigation

 

The session will provide:

  • Judicial activism-Concept and meaning
  • Development of judicial activism in India
  • Procedural innovations by judiciary to give relief.

Faculty Contact

  1. Dr. Sapna Chadah