BBALLB
Administrative Law Paper Code: 208 Semesters IV
Unit – I: Evolution and Scope of Administrative Law
a) Nature, Scope and Development of Administrative Law
b) Rule of law and Administrative Law
c) Separation of powers and its relevance
d) Relationship between Constitutional law and Administrative Law
e) Classification of administrative law
Unit – II: Legislative Functions of Administration
a. Meaning and Concept of Delegated Legislation
b. Constitutionality of Delegated Legislation
c. Control Mechanism
i. Parliamentary Control of Delegated Legislation
ii. Judicial Control of Delegated Legislation
iii. Procedural control of Delegated Legislation
d. Sub-Delegation
Unit-III: Judicial Functions of Administration
a. Need for Devolution of Adjudicatory Authority on Administration
b. Problems of Administrative Decision Making
c. Nature of Administrative Tribunals: Constitution, Powers, Procedures,
Rules of Evidence
d. Principles of Natural Justice
i. Rule against Bias
ii. Audi Alteram Partem
iii. Speaking Order (Reasoned Decisions)
,Unit – IV: Administrative Discretion and Judicial Control of Administrative Action
a. Need and its Relationship with Rule of Law
b. Judicial Review of Administrative Action and Grounds of Judicial Review
i. Abuse of Discretion
ii. Failure to Exercise Discretion
iii. Illegality, Irrationality, Procedure Impropriety
c. Doctrine of Legitimate Expectations
d. Evolution of Concept of Ombudsmen
e. Lokpal and Lokayukta Act and other Anti corruption Bodies and their Administrative
Procedures
,Unit I
Evolution and Scope of Administrative Law
a. Nature, Scope of development administrative law
Administrative law deals with the powers and functions of the administrative authorities, the
manner in which the powers are to be exercised and remedies which are available to the
aggrieved persons when those powers are abused by these authorities
Definition by Ivor Jennings
According to Ivor Jennings "administrative law is the law relating to the administrative
authorities".
This is the most widely accepted definition, but there are two difficulties in this definition.
(1) It is very wide definition, for the law which determines the power and functions of
administrative authorities may also deal with the substantive aspects of such powers.
For example: - Legislation relation to public health services, houses, town and country
planning etc.. But these are not included within the scope and ambit of administrative law, and
(2) It does not distinguish administrative law from constitution law.
It is impossible to attempt any precise definition of administrative law which can cover the entire
range of administrative process. The American approach to administrative law is denoted by the
definition by the definition of administrative law as propounded by Davis.
Definition by K. C. Davis
According to K. C. Davis, "Administrative law as the law concerns the powers and procedures of
administrative agencies, including especially the law governing judicial review of administrative
action".
Definition by Prof. Wade
According to Professor Wade any attempt to define administrative law will create a number of
difficulties. But if the powers and authorities of the state are classified as legislative,
administrative and judicial, then administrative law might be said "the law which concerns
administrative authorities as opposed to the others".
There are some difficulties with this definition also. It fails to distinguish administrative law
from constitutional law Like Jennings definition mentioned above; this is also very wide
definition. It includes the entire legal field except the legislature and the Judiciary. It also
, includes the law of local government. It is also said that it is not possible to divide completely
and definitely the functions of legislative, executive and judiciary.
It is very difficult to say precisely where legislation ends and administrative begins. Though
enacting a law is functioning of the legislature the administrative authorities, legislate under the
powers delegated to them by the legislature and this delegated legislation is certainly a part of
administrative law.
Scope of Administrative law
The boundaries of administrative law extend only when administrative agencies and public
officials exercise statutory or public powers, or when performing public duties. In both civil and
common-law countries, these types of functions are sometimes called ―public law functions to
distinguish them from ―private law functions. The former govern the relationship between the
state and the individual, whereas the later governs the relationship between individual citizens
and some forms of relationships with the state, like relationship based on government contract.
For instance, if a citizen works in a state owned factory and is dismissed, he or she would sue as
a ―private law function. Whereas, if he is a civil servant, he or she would sue as a ― public law
function. Similarly, if residents of the surrounding community were concerned about a decision
to enlarge the state- owned factory because of environmental pollution, the legality of the
decision could be reviewed by the courts as a ―public law function. It is also to be noted that a
contract between an individual or business organization with a certain administrative agency is a
private law function governed by rules of contract applicable to any individual – individual
relationship. However, if it is an administrative contract it is subject to different rules.
So we can see that the rules and principles of administrative law are applicable in a relationship
between citizens and the state; they do not extend to cases where the nature of the relationship is
characterized by a private law function.
Many definitions and approaches to administrative law are limited to procedural aspects of the
subject. The focus of administrative law is mainly on the manner and procedure of exercising
power granted to administrative agencies by the legislature.
According to Fox the trend and interaction between substance and procedure as is the unifying
Administrative Law Paper Code: 208 Semesters IV
Unit – I: Evolution and Scope of Administrative Law
a) Nature, Scope and Development of Administrative Law
b) Rule of law and Administrative Law
c) Separation of powers and its relevance
d) Relationship between Constitutional law and Administrative Law
e) Classification of administrative law
Unit – II: Legislative Functions of Administration
a. Meaning and Concept of Delegated Legislation
b. Constitutionality of Delegated Legislation
c. Control Mechanism
i. Parliamentary Control of Delegated Legislation
ii. Judicial Control of Delegated Legislation
iii. Procedural control of Delegated Legislation
d. Sub-Delegation
Unit-III: Judicial Functions of Administration
a. Need for Devolution of Adjudicatory Authority on Administration
b. Problems of Administrative Decision Making
c. Nature of Administrative Tribunals: Constitution, Powers, Procedures,
Rules of Evidence
d. Principles of Natural Justice
i. Rule against Bias
ii. Audi Alteram Partem
iii. Speaking Order (Reasoned Decisions)
,Unit – IV: Administrative Discretion and Judicial Control of Administrative Action
a. Need and its Relationship with Rule of Law
b. Judicial Review of Administrative Action and Grounds of Judicial Review
i. Abuse of Discretion
ii. Failure to Exercise Discretion
iii. Illegality, Irrationality, Procedure Impropriety
c. Doctrine of Legitimate Expectations
d. Evolution of Concept of Ombudsmen
e. Lokpal and Lokayukta Act and other Anti corruption Bodies and their Administrative
Procedures
,Unit I
Evolution and Scope of Administrative Law
a. Nature, Scope of development administrative law
Administrative law deals with the powers and functions of the administrative authorities, the
manner in which the powers are to be exercised and remedies which are available to the
aggrieved persons when those powers are abused by these authorities
Definition by Ivor Jennings
According to Ivor Jennings "administrative law is the law relating to the administrative
authorities".
This is the most widely accepted definition, but there are two difficulties in this definition.
(1) It is very wide definition, for the law which determines the power and functions of
administrative authorities may also deal with the substantive aspects of such powers.
For example: - Legislation relation to public health services, houses, town and country
planning etc.. But these are not included within the scope and ambit of administrative law, and
(2) It does not distinguish administrative law from constitution law.
It is impossible to attempt any precise definition of administrative law which can cover the entire
range of administrative process. The American approach to administrative law is denoted by the
definition by the definition of administrative law as propounded by Davis.
Definition by K. C. Davis
According to K. C. Davis, "Administrative law as the law concerns the powers and procedures of
administrative agencies, including especially the law governing judicial review of administrative
action".
Definition by Prof. Wade
According to Professor Wade any attempt to define administrative law will create a number of
difficulties. But if the powers and authorities of the state are classified as legislative,
administrative and judicial, then administrative law might be said "the law which concerns
administrative authorities as opposed to the others".
There are some difficulties with this definition also. It fails to distinguish administrative law
from constitutional law Like Jennings definition mentioned above; this is also very wide
definition. It includes the entire legal field except the legislature and the Judiciary. It also
, includes the law of local government. It is also said that it is not possible to divide completely
and definitely the functions of legislative, executive and judiciary.
It is very difficult to say precisely where legislation ends and administrative begins. Though
enacting a law is functioning of the legislature the administrative authorities, legislate under the
powers delegated to them by the legislature and this delegated legislation is certainly a part of
administrative law.
Scope of Administrative law
The boundaries of administrative law extend only when administrative agencies and public
officials exercise statutory or public powers, or when performing public duties. In both civil and
common-law countries, these types of functions are sometimes called ―public law functions to
distinguish them from ―private law functions. The former govern the relationship between the
state and the individual, whereas the later governs the relationship between individual citizens
and some forms of relationships with the state, like relationship based on government contract.
For instance, if a citizen works in a state owned factory and is dismissed, he or she would sue as
a ―private law function. Whereas, if he is a civil servant, he or she would sue as a ― public law
function. Similarly, if residents of the surrounding community were concerned about a decision
to enlarge the state- owned factory because of environmental pollution, the legality of the
decision could be reviewed by the courts as a ―public law function. It is also to be noted that a
contract between an individual or business organization with a certain administrative agency is a
private law function governed by rules of contract applicable to any individual – individual
relationship. However, if it is an administrative contract it is subject to different rules.
So we can see that the rules and principles of administrative law are applicable in a relationship
between citizens and the state; they do not extend to cases where the nature of the relationship is
characterized by a private law function.
Many definitions and approaches to administrative law are limited to procedural aspects of the
subject. The focus of administrative law is mainly on the manner and procedure of exercising
power granted to administrative agencies by the legislature.
According to Fox the trend and interaction between substance and procedure as is the unifying
