INTRODUCTION
1. General
Impact of Liberalisation, Privatisation and Globalisation
2. Definition of Administrative Law
Ivor Jennings
Griffith and Street
H.W.R. Wade
Narendranath Ghose
J.F. Garner
K.C. Davis
M.P. Jain
3. Nature and Scope of Administrative Law
4. Reasons for the Growth of Administrative Law
Red Light Theory and Green Light Theory
5. Historical Growth and Development of Administrative Law
(a) England
(b) United States of America
(c) France
(d) Development of Administrative Law in India
6. Constitutional Law and Administrative Law
7. Purpose and Scope of Administrative Law
8. English Administrative Law and Indian Administrative Law
BASIC CONSTITUTIONAL DOCTRINES
1. Rule of Law
(a) Meaning
(i) Supremacy of law
(ii) Equality before Law
(iii) Predominance of Legal Spirit
(b) Criticism
(c) Modern Concept of Rule of Law
(d) Rule of Law and the Constitution of India
2. Doctrine of Separation of Power
SOURCES OF ADMINISTRATIVE LAW
1. The Constitution
2. Ordinances Issued under the Constitution
3. Enactments
4. Judicial Decisions
5. Delegated Legislation
6. Administrative Tribunals
7. Committee Reports
8. Other Methods
CHAPTER IV
CLASSIFICATION OF ADMINISTRATIVE ACTION
General
1. Need for classification
2. Legislative Function
3. Judicial Function
4. Quasi-judicial Functions
5. Administrative Functions
6. Ministerial Functions
7. Administrative Instructions
DELEGATED LEGISLATION
1. General
2. Definition
3. Conditional Legislation
Distinction between Conditional Legislation and Delegated Legislation
4. Delegated Legislation and Subordinate Legislation
Reasons for and Necessity of Delegated Legislation
Demerits of Delegated Legislation
Some varieties of Delegated Legislation
5. Exceptional Delegation—Henry VIII Clause
Legality of Henry VIII Clauses
Scope of Removal of Difficulty Clause (Henry VIII clause)
6. Power of Inclusion and Exclusion
7. Power of Modification of the Statute
8. Power to Impose Tax
9. Delegation of Rule Making Power to Judiciary
10. Usurpation of Rule Making Power
11. Constitutionality of Delegated Legislation
Need for Reference
CONTROL OF DELEGATED LEGISLATION
1. General
2. Judicial Control
A. Constitutionality
B. Doctrine of Ultra Vires
Meaning
(i) Substantive Ultra Vires
(ii) Procedural Ultra Vires
C. Excessive Delegation : Policy, Standard or Guidance
Validity of Delegated Legislation.
D. Exclusion of Judicial Review
(i) As if enacted clause
(ii) ‘Conclusive Evidence’ clause
(iii) Time Limit Clause
(iv) The Ganga Clause
E. Retrospective operation of Delegated Legislation
3. Legislative Control
(i) General
(ii) Requirement of Laying
(iii) Committee on Subordinate Legislation
Main Functions of the Committee
(iv) Publication of Delegated Legislation
(v) Consultation with Affected Interests
4. Sub-Delegation
5. Other Controls
6. Administrative Instructions or Administrative Quasi- Law
7. Interpretation of Delegated Legislation
NATURAL JUSTICE
1. Meaning
Object of Natural Justice
2. Historical Evolution
3. Natural Justice in Indian Law
4. Rules of Natural Justice
I. Bias or Interest
(1) No man shall be a Judge in his own cause
(2) Justice should not only be done but manifestly
and undoubtedly be seen to be done
(a) Types of Bias
(b) Test of Bias
(c) Bias and Mala fldes
Malice in Law or Legal Malice
II. Audi Alteram Partem
(a) Contents of Audi Alteram Partem
(b) Person Who Hears Must Decide
(c) Institutional Hearing
III. Doctrine of Legitimate Expectation
5. Breach of Natural Justice
6. Scope and Extent of Natural Justice
7. Exclusion of Natural Justice
Natural Justice and National Security
8. The Law of Civil Service and Natural Justice
(i) Dismissal, Removal and Reduction in Rank
(ii) Distinction between Removal and Dismissal
(iii) Temporary Civil Servants and Probationers
(iv) Compulsory Retirement
(v) Union of India v. Tulsiram Patel
Broad Guidelines for Public Employment
9. Reasoned Decisions or Speaking Orders
ADMINISTRATIVE TRIBUNALS
1. General
2. Tribunals in India
3. Constitutional Basis of Tribunals
4. What is a Tribunal
5. Administrative Tribunals and the Courts
Court and Tribunal : Difference
6. Advantages of Tribunals
7. Composition of Tribunals
8. Procedure of Tribunals
9. Some Tribunals and Their Working
(i) Industrial and Labour Tribunals
(a) The Industrial Disputes Act, 1947
(b) The Workmen’s Compensation Act, 1923
(c) The Factories Act, 1948
Industrial Disputes Act (Amendment), 2010
(ii) Tax Tribunals
The Income-Tax Appellate Tribunal
Procedure for Filing Appeals
Reference to the High Court and the Supreme Court
National Tax Tribunal
National Tax Tribunal Act, Unconstitutional
(iii) Company Law Tribunals under Companies Act
(iv) Transport
(v) Domestic Tribunals
10. Administrative Tribunals added by the Constitution (Forty-Second Amendment) Act
(1) Service Tribunals
(2) Tribunals under Article 323-B.
11. Conclusion
INQUIRIES AND INVESTIGATIONS
1. General
2. Inquiry' Commissions and Tribunal
3. The Commissions of Inquiry Act, 1952
(a) Appointment of Commission
(b) Powers of Commission
(c) Contempt Punishable
(d) Procedure of the Commission
(e) Report of the Commission
(f) Nature of Recommendations
(g) Significance of Inquiry
4. Conclusion
CHAPTER X
1. General
2. Definition
3. Control of Discretion
(a) Article 14 of the Constitution and Discretionary Powers
(b) The Six Freedoms and Discretionary Powers
(c) Power Exercised for an Improper Purpose
(d) Mala Fides
(e) Relevancy of criterion
4. Doctrine of Proportionality
5. Doctrine of Legitimate Expectations
6. Wednesbury Principle
7. Conclusion
MACHINERY OF JUDICIAL REVIEW
1. General
Basis of Judicial Review
Nature and Power of Judicial Review
2. Constitutional Remedies
3. Nature of Directions.
4. Scope of Article 32 and Article 226
5. Limitations on Article 226
(a) Territorial Restrictions
(b) Constitutional Limitations
(c) Self-imposed limitations
Writ Petition by Holder of Power of Attorney
6. Public Interest Litigation
(i) Procedure
(ii) Use and Abuse of PIL
(iii) Guidelines
7. Power of High Courts under Article 227
8. Special Leave to Appeal by the Supreme Court
(a) ‘Tribunal’ : Meaning under Article 136
(b) Limitations on the Power
(c) Scope of Article 136
9. Curative Petition.
10. Exclusion of Judicial Review
11. Ordinary Remedies
(1) General
(2) Injunction
(3) Declaration
12. Conclusion
THE WRITS
1. General
2. Habeas Corpus
3. Mandamus
(i) Bodies to whom mandamus can be issued
(ii) Certiorarified Mandamus
(iii) Continuing Mandamus
Objects of Continuing Mandamus
Mandamus against Chief Justice
4. Quo Warranto
(i) Conditions for the Issue of quo warranto
(ii) Who may apply for Quo Warranto
Basic Purpose of Quo Warranto
5. Certiorari
Grounds for the issue of Writ of Certiorari
(1) Want or Lack of Jurisdiction
(2) Excess of Jurisdiction
(3) Abuse of Jurisdiction
(4) Violation of Procedure or Principles of Natural Justice
(5) Error of Law Apparent on the Face of Record
6. Prohibition
7. Conclusion
PROCEEDINGS AGAINST THE STATE
1. Introduction
2. Liability in Tort
3. Contractual Liability of State
(a) Requirements of Government contract
(b) Effect of Non-Compliance
(c) Application of Indian Contract Act
(d) Contracts made under Statutory Powers
(e) Government contracts : Responsibility
(f) Judicial Review of Government Contracts
4. Application of Statutes
5. Public Trust Doctrine
6. Withholding Documents
(a) Crown Privilege is now Public Interest Immunity
(b) Indian Position
7. Conclusion
8. Miscellaneous Privileges
9. Right to Information
10. The Right to Information Act, 2005
(a) General
(b) Exceptions
(c) Intelligence and Security Organisations Excluded
(d) Information Commissions
(e) Powers and Functions of Information Commissions
(f) Dangerous Portents
Ten Years Review of Right to Information Act
11. Doctrine of Estoppel
(a) Definition
(b) Origin
(c) Propriety Estoppel
(d) Estoppel by Election.
(e) English –Position
(f) Indian Position : Earlier Cases
(g) Subsequent cases
(h) Scope of the Doctrine of Promissory Estoppel
PUBLIC CORPORATIONS
1. Introduction
Liberalisation, Privatisation and Globalisation
2. Definition
3. Reasons for the Growth of Public Corporations
4. Features
5. Classification
(i) Managerial—Industrial or Commercial
(ii) Managerial—Social Services
(iv) Regulatory and Advisory
(a) Commercial and Industrial Corporations
(b) Development and Public utility Corporations
(c) Financial Corporations
6. Constitution of Public Corporations
7. Working of Public Corporations
I. The Major Port Trust
II. Bureau of Energy Efficiency
III. The Insurance Regulatory and Development Authority
IV. Employees’ State Insurance Corporation
V. Electricity Regulatory Commissions
8. Liability in Tort and Contracts
9. Employees of Public Corporations
10. Control of Public Corporations
(a) Government Control
(b) Judicial Control
(c) Legislative Control
(d) Committee on Public Undertakings
11. Privatisation
(a) Judiciary and Privatisation
(b) Method of Disinvestment
(c) Judicial Review
MACHINERY FOR THE REDRESSAL OF CITIZENS’ GRIEVANCES
1. Introduction
2. Lokpal and Lokayuktas (Ombudsmen)
3. Ombudsman in England
4. Development in India
(a) Origin
(b) Legislative Initiatives
(c) The Lokpal Bill, 2001
(d) Civil Society’s Initiative.
(e) Lokpal and Lokayukta Bill, 2011.
(f) The Lokpal and Lokayuktas Act, 2013
Constitutional Validity of Lokpal and Lokayuktas Act
Provisions of Lokpal and Lokayuktas Act, 2013
Scheme of the Act
Important Provisions of the Lokpal and Lokayuktas Act, 2013
Composition of Lokpal
Chairperson
Method of Appointment of Chairperson and Members
Search Committee
Rules of Search Committee
First Lokpal Selection Process
Selection Committee of Lokpal
Tenure and Salary
Effect of Retirement
Removal and Suspension
Vacancy in the office of Chairperson
Secretary, other officers and staff of Lokpal
Seat of Lokpal
Inquiry wing
The Machinery for Abating Corruption
Inquiry Wing
Prosecution Wing
Jurisdiction of Lokpal
Benches of Lokpal
Earlier cases pending before any court not affected
No reference under the commissions of Inquiry Act, 1952
Working of the Lokpal
Lokpal to sanction for Prosecution
Powers of Lokpal
Special courts
Complaints Against Lokpal and Officials
Complaints Against the Officials of Lokpal
Finance, Accounts and Audit
Declaration of Assets
Punishment for False Complaints
Limitation for complaints
Bar of Jurisdiction
Legal Aid
(g) Conclusion
5. Lokayuktas in the States
(a) Scope of Inquiry
(b) Independence
(c) Jurisdiction
(d) No Uniformity
(e) Recommendatory Body
(f) New Legislations in Bihar and Uttarakhand
Eligibility for Lokayukta
Disqualifications
Selection Committee
Search Committee
Terms of office of Lokayukta
Removal and Suspension of Chairperson and Members of Lokayukta
Salary, allowances etc.
Post Retirement Restrictions
Secretary and other staff
Inquiry Wing of Lokayukta
Prosecution Wing of Lokayukta
Inquiry Jurisdiction of Lokayukta
Ouster of Commission of Inquiry Act, 1952
Limitation Period
Constitution of Benches/Sittings of Lokayukta
State of Lokayukta
Decisions of Lokayukta
Procedure in respect of preliminary inquiry and investigation
Power of Lokayukta
Special Courts
Declaration of Assets
6. The Central Vigilance Commission
(a) Central Bureau of Investigation (C.B.I.)
(b) The Central Vigilance Commission Act, 2003
(c) Constitution of the Commission
(d) Functions and Powers of the Commission
(e) Single Directive Revived by Law
(f) Proceedings of the C.V.C.
(g) Power Relating to Inquiries
(h) Power with Reference to C.B.I. and Directorate of
Enforcement
(i) Annual Report
(j) Whistle-blowers and C.V.C.
7. Public Interest Disclosure : Whistle-Blowing
Public Interest Disclosure and Protection of Persons
Making the Disclosure Bill, 2010
The Whistle Blowers’ Protection Act, 2011
(Act No. 17 of 2014)
Complaint of corruption
Proposed Amendment Bill, 2015
Inquiry relating to public interest disclosure
Limitation Period
Powers of Competent Authority
Matters Exempt from Disclosure
Protection to Whistle-blowers
Penalties
Amendment Bill, 2015
Citizens’ Charters.
Right to Public Services Legislation.
Uttarakhand Right to Services Act, 2011.
Citizens Right to Grievance Redress Bill, 2011
Conclusion
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