CONTENTS
CHAPTER 1
INTRODUCTION
Meaning of Administrative Law
Definition of Administrative Law
Nature and Scope of Administrative Law
Administrative Law-Its Importance, growth, functions and Development
Causes for the growth
Administrative Law is Supplementary to Constitutional Law
Functions
Brief Development of Administrative Law
Sources of Administrative Law
(1) Constitution of India
(2) Acts and Statutes
(3) Ordinances, administrative directions, notifications and circulars
(4) Judicial decisions
Relationship between Constitutional Law and
Administrative Law
Droit Administratif
Meaning of Droit Administratif
Main characteristic features of Droit Administratif
Separation of Powers
Meaning and Importance
Anglo-American Position
Indian Position
Judicial opinion on the doctrine of separation of powers
System of checks and Balances.
Rule of Law
Dicey’s meaning
Other views on Rule of Law
Rule of law vis-à-vis Administrative Law
Rule of law under the Indian Constitution
The new horizons of Rule of Law
Administrative Law : Court’s Current Approach
CHAPTER 2
ADMINISTRATION AND ITS FUNCTIONS
Nature of Administrative functions.
Non-statutory administrative power
Statutory administrative action
Judicial and quasi-judicial functions
Judicial Action distinguished from Quasi-Judicial Action
Nature of quasi-judicial decisions
Distinction between administrative and quasi-judicial acts
CHAPTER 3
DELEGATED LEGISLATION
Meaning
Delegated Legislation and Executive Legislation
Growth of Delegated Legislation
History of Delegated Legislation in India
Causes of its growth
Demerits of the growth of Delegated Legislation
Constitutionality Delegated Legislation
Position of U.S.A.
Position of Australia
Position of Canada
Position of India
Constitutionality of Delegation, Power to Levy Tax or Duty.
Permissible limits of delegation
Conditional Legislation
Meaning
Criticism of Conditional Legislation
Distinction between Conditional Legislation and Delegated Legislation
Types of Delegated Legislation
(1) Normal Type
(2) Exceptional Type
(3) Henry VIII Clause
(4) Delegated Legislation excluding Judicial Review
Classification of the rule making power in India
Control of Delegated Legislation
(1) Procedural Control
Departmental Practice Regarding Prior Consultation of Interests
Prior Publicity of Proposed Rules and Regulations
Publication of Delegated Legislation
Publication of Delegated Legislation in India
(2) Parliamentary Control
Parliamentary Control in England
Parliamentary Control in India
(3) Judicial Control
Under Indian Law
First Mode : Judicial Control
Second Mode : Judicial Control
Third Mode : Judicial Control
The various circumstances in which a subordinate legislation can be declared ultra vires
(1) When the Subordinate Legislation is in excess of the power of delegated authority
(2) In Conflict with the Delegating Statute
(3) Disregard of the Prescribed Procedure
(4) Mala fide
(5) Unreasonableness
Retrospective operation of the Rules
Criticism of Delegated Legislation
Administrative Directions and Delegated Legislation
Procedural and Parliamentary control on sub-delegation
CHAPTER 4
ADMINISTRATIVE TRIBUNALS AND ADMINISTRATIVE
ADJUDICATION
Meaning of ‘Administrative Tribunals’
Main reasons for the emergence of the system
Administrative Tribunal Distinguished from Court
Growth of Administrative Tribunals
Growth in England
Growth in U.S.A.
Growth in India
Reasons for the growth of Tribunals in modern times
Characteristics of Administrative Tribunals
Salient features of Administrative Tribunals
Desirability of Consiel d’ Etat in India
Demerits of Tribunal System
Procedure and Practice of the Tribunals
Jurisdiction of Interim orders
Res Judicata in Tribunal Proceedings
Problem of Judicial Control of Administrative Tribunals
The Working of the Administrative Tribunals
Railway Rates Tribunal
Industrial Tribunal
Copyright Board
Income Tax Appellate Tribunal
The Banking and Insurance Tribunal
The Foreign Exchange Regulation Appellate Board
Administrative Tribunals under the Administrative
Tribunals Act, 1985
Administrative Tribunals (Amendment) Act, 1986
Administrative Tribunals (Amendment) Act, 1987
Administrative Tribunals (Amendment) Act, 2006
CHAPTER 5
POWER OF INVESTIGATION AND INQUIRY
Investigation
Commission of Inquiry
Powers of the Commission
Procedure of the Commission
Nature of the Recommendation and Report
Such and Seizure
Self-incrimination
CHAPTER 6
NATURAL JUSTICE
Natural Justice
Meaning and Development
(a) Concept of Natural Justice
(b) Principle of natural Justice
Position of Natural Justice in Common Law
Natural Justice in India
Natural Justice : Its development in India since
Nineteen-seventies
Consequences of violation of Natural Justice (Void or Voidable).
Rules of natural Justice
(A) Doctrine of bias
Bias and Mala fide
Bias and Prejudice
Kinds of Bias
(1) Pecuniary Bias
(2) Personal Bias
(3) Bias as to the subject-matters
(B) Audi Alteram partem (Hear the other side)
Incidents of audi alteram partem rule
(1) Notice
(2) Hearing
Oral Hearing
One who hears must decide
Right to be represented by counsel
Exceptions to Audi Alteram Partem Rule
Reasoned decisions or speaking order
Concept of Post-Decisional Hearing
Exceptions to Natural Justice
(1) Statutory Exclusion
(2) Emergency
(3) Legislative Function
(4) Public Interest
(5) Interim disciplinary action
(6) Academic evolution
(7) Impracticability
Principles of natural Justice be applied in a straight-jacket formula
CHAPTER 7
ADMINISTRATIVE DISCRETION AND
ITS JUDICIAL CONTROL
Introduction
Meaning of discretionary Powers
Discretionary powers-a need of modern times in administrative law
Administrative Discretion and Fundamental Rights
Under Article 14 of Indian Constitution
Under Article 19 of Indian Constitution
Under Article 31(2) of Indian Constitution
Judicial Control of Administrative Discretion
Legitimate expectation as a ground of judicial review
Absolute discretion
(1) Ultra vires exercise of power Sub-delegation
(2) Arbitrary exercise of power
(a) Improper purpose
(b) Irrelevant Considerations
(c) Leaving out relevant considerations
(d) Mixed Considerations
(e) Mala fide or Bad Faith
(f) Unreasonableness
(g) Non-compliance with Procedural Requirements
(h) Colourable exercise of Power
(i) Exceeding jurisdiction
(3) Administrative discrimination
CHAPTER 8
OMBUDSMAN IN INDIA AND
CENTRAL VIGILANCE COMMISSION
Introduction
Need Relevancy importance of Ombudsman in current
democratic set-up
Office of the Ombudsman : A Comparative Analysis
The Lokpal (In India)
History
Powers of Lokpal
Service Conditions and Appointment of Lok Pal
Term of Office and Service Conditions
Jurisdiction of Lok Pal
Exception of Jurisdiction (Matters-excluded)
Procedure
Removal and suspension of Lokpal and Members of Lokpal
Restriction on employments by Lokpal and Members
Lokayukta in States
Functions of the Lokayukta
Position Before Passing of the Act
The Lokpal Bill, 1998
The Lokpal Bill, 2003
The Lokpal Bill with Special Reference, 2011
The Central Vigilance Commission
Service Conditions and Appointment of Vigilance Commissioner
Functions
Constitution of the Central Vigilance Commission under the
Central Vigilance Commission Act, 2003
Functions and Powers of the Central Vigilance Commission
under the Central Vigilance Commission Act, 2003
Power of the Commission relating to inquiries under Act, 2003
Proceedings before the Commission under the Act
Removal of CVC and Vigilance Commissioner
Limitations of CVC
CHAPTER 9
TORTS AND CONTRACTS
(1) Liability for Torts
Sovereign and non-sovereign dichotomy : Changed judicial attitude
(2) Act of State
( 3) Liability in Contracts.
Enforcement of liability under the Contract
Government Privileges in Legal Proceedings—Immunity from statute operation
Privileges of the Government under the Civil Procedure Code and the Evidence Act
Privilege to withhold documents
Estoppel against the Government
Article 14 and Government Contract.
Right to information in India
Right to information under the Act, 2005
Statement of Object and Reasons of the Information Act, 2005
CHAPTER 10
General Principles
Judicial Control in England
Judicial Review in America
Judicial Review in India
Modes of Judicial Control
(A) Constitutional Judicial Control
(B) Statutory Judicial Control
(C) Ordinary or equitable Judicial Control
Scope of Judicial Review of Administrative action
Judicial review of quasi-judicial action
Refusal to exercise jurisdiction
Error of law apparent oh the face of the records
Violation of natural justice
Fraud
Imposition of punishment on Government Servant
Unconstitutionality
Judicial review of Administrative action
Scope of Judicial review of Administrative action and decision
Exclusion of Judicial Review
Finality Clause
The Conclusive Evidence Clause
CHAPTER 11
CONSTITUTIONAL REMEDIES
Remedies through Writs
Who can move for writ-remedy
Restraints on the issue of writs under Article 226
Adequate Alternative Remedy
Administrative Remedy
Unreasonable Delay and Laches
Suppression of Facts
Futile Writ
Disputed Question of Fact
General principles regarding the writ jurisdiction under Article 226
Relief under Article 226 cannot be barred by Statute
Who may apply—Locus standi
Locus standi—A new approach
Against whom can a writ be issued ?
Parties in the writ petition
Interim Relief.
Res judicata
PUBLIC INTEREST LITIGATION
Part A- Introduction and Evolution of PIL
Evolution of Public Interest Litigations
Meaning of Public Interest litigation
Characteristics of Public Interest Litigation
Reasons for the growth of PIL
Development of Public Interest Litigation in India
Vexatious and frivolous litigations
Later Development of PIL in India
Part B. WRITS
1. WRIT OF HABEAS CORPUS
Historical Development of the Writ of Habeas Corpus
When the writ does not lie
Invocation of Habeas Corpus
Grounds of Habeas Corpus
2. WRIT OF MANDAMUS
Nature and Scope
Historical development of the writ of mandamus in India
Against whom writ of mandamus can be issued ?
Grounds of the Writ of Mandamus
Grounds on which writs of mandamus may be refused
Who may Apply for mandamus
General principles relating to mandamus to enforce Public duties
Against whom a Writ of Mandamus cannot be issued
Writ of Mandamus overlaps Certiorari
3 WRIT OF CERTIORARI
Definition and Nature
Historical Growth
Against whom it can be issued
Who may apply for the Writ of Certiorari
Necessary conditions for the issue of the Writ
Grounds of Writ of Certiorari
(1) Want of Jurisdiction
(2) Violation of Natural Justice
(3) Fraud
(4) Error of Law apparent on the face of Record
4. WRIT OF PROHIBITION
Nature of the Writ of Prohibition
The scope and grounds for the issue of the writ of prohibition
Grounds of Writ of Prohibition
Distinction between the Writ of Certiorari and Prohibition
Distinction between the Writ of Prohibition and Mandamus
5. WRIT OF QUO WARRANTO
Definition and Nature
Conditions for the issue of Quo Warranto
Conditions when Writ of Quo Warranto will not lie
Writ of Quo wannanto and Public Interest Litigation
Remedy through Special Leave to appeal under Article 136Grounds of appeal to the Supreme Court
General principles relating to the grant of Special Leave to Appeal
Remedy against the administrative tribunal under Article 227
Part C. Judicial Activism : Its Role in Administration
Introduction
Definition
Origin of Judicial Activism
Factors responsible for Judicial Activism
Certain instances of Judicial Activism
Criticism
ORDINARY (EQUITABLE) REMEDIES
Introduction
Injunction
Kinds
Injunction and Mandamus
Declaratory action
Action for Damages
PUBLIC UNDERTAKINGS
General Characteristics of Public Corporation
Forms of Public Corporation in India
Characteristics of Public Corporation in India
Personnel of the Public Undertakings
Disabilities of a Public Corporation
Importance of Public Corporation
Classification of Public Corporations
Damodar Valley Corporation—Its Constitution and Function
Oil and Natural Gas Commission—Its Constitution and Function
Reserve Bank—Its Constitution and Function
Life Insurance Corporation
The Road Transport Corporation
State Trading Corporation
Control of Public Undertaking
Parliamentary control
Ministerial Control
Recommendations of Mr. Chagla
Legal liability of Corporation in India
AND TRIBUNAL FOR SERVICE MATTERS
Introduction
History of Civil Services
Civil Services in India
Constitutional Provisions
Rules regarding Services
Tennure of office (Doctrine of Pleasure)
Doctrine of pleasure—Certain Limitations
Constitutional Safeguads
Persons entitled to safeguards
Extent to Protection
Procedural Safeguards
(1) No termination by Subordinate authority
(2) Reasonable opportunity to defend
(3) Protecion of employees who acquire disability during Service
(4) Suspended employee must follow service rules
(5) Whether the report of the enquiry be shown to the delinquent civil servant
(6) Can disciplinary action be taken against an Enquiry officer exercising quasi-judicial powers for misconduct
(7) Judicial review of departmental proceedings
Exceptions to Article 311(2) (Exclusion of the principles of
Natural Justice)
TRIBUNALS FOR SERVICE MATTERS
Introduction
Certain Provisions of the Act
Areas to which it extends
To whom it is applicable
Establishment and Composition of the Tribunal
Qualifications for Appointment
Appointment of Chairman and members
Term of office
Saving terms and conditions of service of Vice-Chairman
Resignation/Retirement
Limitations
Jurisdiction and Powers of the Tribunal
Procedure to apply
Trial Procedure
Appeal or Revision
Administrative Tribunals Act, 1985—How for Constitutional?
Administrative Service Tribunals—An analysis
Suggestions for proper functioning
Administrative Tribunals (Amendment) Act, 1986
Extension of the Jurisdiction
Exemption of Certain Categories of employee
Administrative Tribunals (Amendment) Act, 1987
Administrative Tribunals (Amendment) Act, 2006
Appendix
The Lokpal and Lokayuktas Act, 2013 (Act No. 1 of 2014)
Model Question Bank and Answers
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