KLE LAW ACADEMY BELAGAVI
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law
College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
ADMINISTRATIVE LAW
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
Mr. Ayush Jha, Asst. Prof. Dr. Manojkumar Hiremath, Asst. Prof.
Ms. Tilaka N.S., Asst. Prof.
K.L.E. Society's Law College, Bengaluru
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content.
However, it is stressed that this material is not meant to be used as a replacement for textbooks
or commentaries on the subject. This is a compilation and the authors take no credit for the
originality of the content. Acknowledgement, wherever due, has been provided.
, 2
Unit-I
Definition of Administrative Law – Nature and scope – The impact and implications of the Doctrine of
Separation and the Rule of Law on Administrative Law, Classification of Administrative Action – the
necessity
Unit-II
Legislative Power of Administration – Doctrine of Vice of excessive Delegation - Judicial and
Parliamentary control over delegated legislation – Advantages and disadvantages of delegated legislation –
Exclusion of Judicial Review of Delegated Legislation
Unit-III
Judicial power of Administration – Tests to determine when an administrative authority required to act
judicially - Doctrine of Bias – Doctrine of Audi Altrem Partem – Reasoned decision – Exceptions to
Natural Justice – Effect of non-compliance with rules of Natural Justice – grounds on which decision of
quasi-judicial authority can be challenged before Supreme Court
Unit-IV
Administrative Discretion - Grant and exercise of discretion - Judicial review of Administrative Discretion
Unit-V
(Control of Administrative Action – Judicial Control – Public Law and Private Law Remedies – distinction
Writs – Theory, Practice and Procedure – ouster clause
Liabilities of the state in the province of Contract and Tort – Constitutional Tort Doctrine of Promissory
Estoppels – Doctrine of legitimate expectation – Doctrine of proportionality)
Unit VI-
Corporates and Public Undertakings – Control of statutory corporations and public undertakings -
Administrative deviance – Corruption and mal administration – Control mechanism
Ombudsman in India (Lok pal and Lokayukta) – Central Vigilance Commission – Parliamentary
Committees – Commission of Enquiry
, 3
Unit I
DEFINITION OF ADMINISTRATIVE LAW
NATURE & SCOPE OF ADMINISTRATIVE LAW
THE IMPACT AND IMPLICATIONS OF THE DOCTRINE OF
SEPARATION OF POWER AND THE RULE OF LAW ON THE
ADMINISTRATIVE LAW
CLASSIFICATION OF ADMINISTRATIVE ACTION- THE
NECESSITY
, 4
INTRODUCTION
Administrative law is a heuristic science. It is a branch of public law which is essentially anti-
authoritarian. It strives to develop a rule of law society based on fairness, reasonableness and
justice. Administrative law deals fundamentally with law relating to administration and basic
foundation of the administration.
Principles of administrative law are not extraconstitutional, they emerged from Articles 14
and 21 of the Constitution. It is true to say with Holland and Maitland that administrative law is
part of Constitutional law. The general principles are relating to the organization, powers and
functions of the organs of the state legislative, executive and judicial and their relationships are
interalia are dealt with in the Constitution.
Administrative law deals with other powers and the functions of the administrative
authorities it also includes the matters relating to civil service, public departments, public
corporations, local authorities and other statutory bodies exercising quasi-judicial functions. As
Ivor Jennings rightly points out the subject matter of administrative law is public administration.
Administrative law defines and determines the organization, functions, powers and the duties of
administrative authorities.
The most significant and outstanding development of the twentieth century is the rapid
growth of administrative law. Though administrative law has been in existence, in one form or the
other, before the 20th century, it is in this century that the philosophy as to the role and function of
the State has undergone a radical change. Administrative law as is separate branch of legal
discipline, especially in India, came to be recognized only by the middle of the 20th century.
The governmental functions have multiplied by leaps and bounds. Today, the State is not
merely a police State, exercising sovereign functions, but as a progressive democratic State, it
seeks to ensure social security and social welfare for the common man, regulates the industrial
relations, exercises control over the production, manufacture and distribution of essential
commodities, starts many enterprises, tries to achieve equality for all and ensures equal pay for
equal work.
It improves slums, looks after the health and morals of the people, provides education to
children and takes all the steps which social justice demands. In short, the modern State takes care
of its citizens from ‘cradle to grave’.
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law
College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
ADMINISTRATIVE LAW
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
Mr. Ayush Jha, Asst. Prof. Dr. Manojkumar Hiremath, Asst. Prof.
Ms. Tilaka N.S., Asst. Prof.
K.L.E. Society's Law College, Bengaluru
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content.
However, it is stressed that this material is not meant to be used as a replacement for textbooks
or commentaries on the subject. This is a compilation and the authors take no credit for the
originality of the content. Acknowledgement, wherever due, has been provided.
, 2
Unit-I
Definition of Administrative Law – Nature and scope – The impact and implications of the Doctrine of
Separation and the Rule of Law on Administrative Law, Classification of Administrative Action – the
necessity
Unit-II
Legislative Power of Administration – Doctrine of Vice of excessive Delegation - Judicial and
Parliamentary control over delegated legislation – Advantages and disadvantages of delegated legislation –
Exclusion of Judicial Review of Delegated Legislation
Unit-III
Judicial power of Administration – Tests to determine when an administrative authority required to act
judicially - Doctrine of Bias – Doctrine of Audi Altrem Partem – Reasoned decision – Exceptions to
Natural Justice – Effect of non-compliance with rules of Natural Justice – grounds on which decision of
quasi-judicial authority can be challenged before Supreme Court
Unit-IV
Administrative Discretion - Grant and exercise of discretion - Judicial review of Administrative Discretion
Unit-V
(Control of Administrative Action – Judicial Control – Public Law and Private Law Remedies – distinction
Writs – Theory, Practice and Procedure – ouster clause
Liabilities of the state in the province of Contract and Tort – Constitutional Tort Doctrine of Promissory
Estoppels – Doctrine of legitimate expectation – Doctrine of proportionality)
Unit VI-
Corporates and Public Undertakings – Control of statutory corporations and public undertakings -
Administrative deviance – Corruption and mal administration – Control mechanism
Ombudsman in India (Lok pal and Lokayukta) – Central Vigilance Commission – Parliamentary
Committees – Commission of Enquiry
, 3
Unit I
DEFINITION OF ADMINISTRATIVE LAW
NATURE & SCOPE OF ADMINISTRATIVE LAW
THE IMPACT AND IMPLICATIONS OF THE DOCTRINE OF
SEPARATION OF POWER AND THE RULE OF LAW ON THE
ADMINISTRATIVE LAW
CLASSIFICATION OF ADMINISTRATIVE ACTION- THE
NECESSITY
, 4
INTRODUCTION
Administrative law is a heuristic science. It is a branch of public law which is essentially anti-
authoritarian. It strives to develop a rule of law society based on fairness, reasonableness and
justice. Administrative law deals fundamentally with law relating to administration and basic
foundation of the administration.
Principles of administrative law are not extraconstitutional, they emerged from Articles 14
and 21 of the Constitution. It is true to say with Holland and Maitland that administrative law is
part of Constitutional law. The general principles are relating to the organization, powers and
functions of the organs of the state legislative, executive and judicial and their relationships are
interalia are dealt with in the Constitution.
Administrative law deals with other powers and the functions of the administrative
authorities it also includes the matters relating to civil service, public departments, public
corporations, local authorities and other statutory bodies exercising quasi-judicial functions. As
Ivor Jennings rightly points out the subject matter of administrative law is public administration.
Administrative law defines and determines the organization, functions, powers and the duties of
administrative authorities.
The most significant and outstanding development of the twentieth century is the rapid
growth of administrative law. Though administrative law has been in existence, in one form or the
other, before the 20th century, it is in this century that the philosophy as to the role and function of
the State has undergone a radical change. Administrative law as is separate branch of legal
discipline, especially in India, came to be recognized only by the middle of the 20th century.
The governmental functions have multiplied by leaps and bounds. Today, the State is not
merely a police State, exercising sovereign functions, but as a progressive democratic State, it
seeks to ensure social security and social welfare for the common man, regulates the industrial
relations, exercises control over the production, manufacture and distribution of essential
commodities, starts many enterprises, tries to achieve equality for all and ensures equal pay for
equal work.
It improves slums, looks after the health and morals of the people, provides education to
children and takes all the steps which social justice demands. In short, the modern State takes care
of its citizens from ‘cradle to grave’.
