MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAL 5.4 ADMINISTRATIVE LAW

B.A.LL.B. (Hons.) Five-Year Integrated Degree Course

ACADEMIC YEAR: 2023-2024
3rd YEAR, SEMESTER-V

Designed and Developed by:

Prof. (Dr.) V.P. Tiwari
Professor of Law
Ms. Anuja Misra
Assistant Professor of Law

Course Instructor:
Mr. Kailas P. Vasave
Assistant Professor of Law

June 2023
(Strictly for Private Circulation)

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 ADMINISTRATIVE LAW
Semester–V June –December 2023
Course Code BAL 5.4
Course Credit 4
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instruction English
Course Compulsory
Introduction
Administrative Law as a separate branch of legal discipline, especially in India, came to
be recognized only by the middle of the 20th century. It’s as old as administration itself.
Today the law is in integral part of every aspect of an individual’s life; individuals who wish
to be part of a State which strives to develop a rule of law based on justness, fairness and
reasonableness. The reason for this development can only be attributed to a change of
philosophy as regards the role and function of the State. The change in the concept of State
from ‘laissez faire’ to a ‘welfare state’ has led to emergence of state activities in almost all
spheres of human life. With the phenomenal increase in the area of state operation, the State
was bound to take over a number of functions which were earlier left to private enterprise.
In order to ensure that such functions are performed effectively and further due to certain
other factors namely contingency, expertise etc. administrative agencies are given
extraordinary powers and functions such as to make rules and deciding disputes apart from
its wide discretionary powers. Obviously, this necessitated a new set of laws to check the
possible abuses of such extraordinary powers on the part of administration. The courts in
India and abroad in the course of time have developed various doctrines and methods to deal
with such problems. However, there is no end to this journey. The field is still open for new
changes. The main thrust of administrative law has been to study the nature of functions and
powers exercised by the authorities on whom they have been conferred on and the study of
remedies available to common man in case the limits of exercising power are transferred by
such an authority. The focus or the centre point of this study, as usual as in cases of the study
of other branches of public law, is the rights of individual vis-a-vis public interest.
Administrative Law represents the growth of a new branch of jurisprudence. It concerns
everyday life. Majority of the present day litigation in India involves some principle or other
of Administrative Law. The law deals with the powers of the government and the control
thereof. Due to the increasing contact of the individual with the administration, knowledge
of Administrative Law today becomes extremely desirable, if not absolutely essential, not
only for a lawyer but also for any ordinary individual.
In India, Administrative Law has been primarily a judge-made law. It is still in its
developing stage. It, therefore, suffers from lack of perfect consistency and tidiness. New
problems keep coming before the courts every day and the courts are required to make
suitable adjustments in the norms and concepts laid down by them. Consequently, not only
different courts at the same time, but even the same court at different times, have taken up
varying positions which often become hard to reconcile. The course on Administrative Law
deals with the introduction and growth of Administrative Law in general in Module 1,
thereby establishing Administrative Law as an integral part of public law. Module 2 deals
with the principles of natural justice along with its evolution and effects of breach. Module
3 most importantly discusses the need for administrative discretion and judicial review along
with the doctrines of legitimate expectation and proportionality. Module 4 shall focus on the

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importance of delegated legislation and the various controls over delegated legislation.
Lastly, Module 5 discusses judicial powers of the administration and the concept of good
governance.
Course Objectives
Today we are living in a ‘administrative age’ where there is rising tendency to transfer
more and more powers to executive which include quasi- judicial as well as quasi-legislative
which has become inevitable in modern democratic state. Therefore, there has been a
tremendous increase in powers and functions of the administrative authorities and the
obvious result is full of danger of its degeneration and unwanted encroachment on human
rights and liberties. Hence, there requires adequate control, safeguard through procedural
fairness, judicial review and remedies to those affected by the administration. The
fundamental objectives of the course are to develop the ability of students to:
• understand the nature and scope of Administrative law as a part of public law;
• learn about the history of administrative law and its various components along with
important doctrines of Separation of Power and the Rule of Law;
• analyse the need and significance of the principles of natural justice governing
administrative actions;
• examine the necessity of Administrative Discretion and the power of Judicial Review
of administrative actions;
• explain the nature and growth of delegated legislation and the legislative, procedural
and judicial controls over the same; and
• analyse the judicial powers of the Administration and the role of the courts in protecting
the rights of individuals against abuse of power by the administration.
Teaching Methodology
The course will be taught by blending of lecture-cum-discussion and case method. The
students would be informed in advance the topic for discussion and the topic of
project/assignment to be prepared. Further, students would be engaged in the class in group
exercise and simulations. Students are also required to undertake research to develop
independent thinking. Such research on an assigned topic and preparation of a project report
would be supervised by the faculty. In the classroom every student is required to present his/her
topic and to have his/her doubt cleared through discussion. The teacher will be helping and
guiding the students in their pursuits of legal learning.
Course Textbooks
Books are very important when it comes to learning about any new subject. The preferred
books on Administrative Law are M.P. Jain & S.N. Jain, PRINCIPLES OF
ADMINISTRATIVE LAW, I.P. Massey, ADMINISTRATIVE LAW, H.W.R. Wade & C.F.
Forsyth, ADMINISTRATIVE LAW and C.K. Thakker, ADMINISTRATIVE LAW.
Course Evaluation Method
The Course is assessed for 100 Marks in total by a close book application-based
examination system. There shall be a Mid-Semester Exam for 20 Marks and End Semester
Exam for 50 Marks. 25 Marks are allotted for the Project work which includes 20 Marks for
written research work and 5 Marks for presentation of Project. The question papers shall be
designed on a decided or under-trial case based; therefore, students are advised to take
classroom exercise seriously and to develop their own application base skills.
Course Outcomes

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 On completion of the Course the students shall gain an appreciation of scope of the subject
of Administrative Law, the related doctrines and principles of governance and public
administration in general. They shall understand the concepts evolved from the judge made
law that has shaped Administrative Law and its application in contemporary times. The
students are expected to:
• understand the nature and scope of Administrative law and the functioning of the
different organs of the government in accordance with the developed principles ;
• analyse the philosophy of Administrative Law and the doctrines of Separation of Power
and the Rule of Law along with the relationship between administrative law and
constitutional law;
• develop an understanding of the importance and development of the principles of
natural justice;
• comprehend the need of Administrative Discretion and the implications of its positive
application along with the power of Judicial Review of administrative actions;
• be able to explain the rationale of delegated legislation and the various controls on
subordinate legislation; and
• critically analyse the judicial powers of the Administration and the role of the courts
acting as safeguards to the citizens against despotic use of administrative power

***

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 COURSE CONTENTS
Module-I: Evolution, Nature and Scope of Administrative Law [Teaching Hours 12]
1.1 Definition and Scope of Administrative Law: Organs of the Government,
Administrative bodies, Limiting power of the State, Personal liberty and fundamental
rights, definitions of administrative law.
1.2 Development and Growth of Administrative Law: Reasons for growth of
Administrative Law, shift from laissez faire to welfare state, philosophies of Hobbes,
Locke and Rousseau, Growth of administrative law in England, US and India.
1.3 Relationship of Administrative Law and Constitutional Law: Constitution of the
organs of the government and discharge of duties by officials, need for government
accountability, anti-majoritarian and anti-authoritarian.
1.4 Doctrine of Separation of Powers: Meaning, Montesquieu’s contribution (pre and post
Montesquieu period), Concentration of powers as a threat to liberty, embodiment of
doctrine in US, England and India.
1.5 Concept of Rule of Law: Meaning, rule of law and rule by law, Dicey’s concept of rule
of law, droit administratiff, equality and the concept of rule of law society, new
developments in the doctrine.

Compulsory Reading
• M.P. Jain & S. N. Jain, Principles of Administrative Law (8th Ed 2017) LexisNexis,
Volume I and II
• I.P. Massey, Administrative Law (9th Ed, 2017) EBC (pp. 1-45)
• CK Takwani, Lectures on Administrative Law (6th Ed, 2017) EBC (pp. 2-39)

Judicial References:
Ram Jawaya v. State of Punjab AIR 1955 SC 549
Asif Hameed v. State of J & K AIR 1989 SC 1899
Indira Nehru Gandhi v. Raj Narain AIR 1975 SC 2299
Samsher Singh v. State of Punjab AIR 1974 SC 2192
Keshavanand Bharati v. State of Kerala AIR 1973 SC 1469
AK Roy v. Union of India AIR 1982 Bom 181
Ajay Hasia v. Khalid Mujib Sehravadi (1981) 1 SCC 722
Srilekha Vidarthi v. State of UP AIR 1991 SC 537
R. D. Shetty v. International Airport Authority of India AIR 1979 SC 1628
In Re: Distribution of Essential Supplies & Services During Pandemic, SUO MOTU WRIT
PETITION (CIVIL) No.3 of 2021

Statutory Reference
The Constitution of India

Module-II: Principles of Natural Justice [Teaching Hours 12]

2.1 Concept of Natural Justice: Concept, Positive law and Natural law, law and morality,
history of development of natural law, Principles of Natural Justice, Ridge v. Baldwin.
2.2 Audi Alterem Partem: Meaning of Rule of fair hearing, Notice, Essentials of a valid
Notice, Hearing, Oral or personal hearing.

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2.3 Nemo judex in causa sua: Meaning of Rule against bias, Types of bias, civil
consequences, Reasonable suspicion and Real likelihood of bias test.
2.4 Reasoned decision: Concept of speaking order, recording of reasons, Communication
and non-communication of reasons, pre and post decisional hearing.
2.5 Exclusion of Natural Justice: Exceptions to natural justice, circumstances, Effect of breach of
natural justice- void or voidable.

Compulsory Reading
• M.P. Jain & S. N. Jain, Principles of Administrative Law (7th Ed 2017) LexisNexis (pp.
241-422)
• I.P. Massey, Administrative Law (9th Ed, 2017) EBC (pp. 187-276)
• CK Takwani, Lectures on Administrative Law (6th Ed, 2017) EBC (pp. 180-236)

Judicial References:
Nemo Judex in causa sua
A.K. Kraipak v. U.O.I AIR 1970 SC 150
Amar Nath Chaudhary v. Braithwaite and Co. Ltd (2002) 2 SCC 290
Ashok Kr. Yadav v. State of Haryana (1985) 4 SCC 417
G.N. Nayak v. Goa University (2002) 2 SCC 712
Kamini Jaiswal v. Union of India AIR 2017 SC 5334
In Re Matter of Great Public Importance Touching upon the Independence of Judiciary SUO
MOTO WRIT PETITION (CIVIL) NO. 1/2019
Rule of fair hearing
M/s. S.S Diamonds International v. Nameeta Sharma 2018 SCC OnLine Del 8875
Canara Bank v. V.K. Awasthy AIR 2005 SC 2090
Hira Nath Misthra v. Principal Rajendra Medical College AIR1973 SC 1260
J.K. Agrawal v. Haryana Seeds Development Corop. Ltd AIR 1991 SC 1221
Swadeshi Cotton Mills Ltd. v. Union of India (1981) 1 SCC 664
U.O.I. v. Tulsi Ram Patel (1965) 3 SCC 398
Pre and Post decisional hearing
H.L. Trehan v. U.O.I. (1989) 1 SCC 764
Maneka Gandhi v. U.O.I. (1978) 1 SCC 248
Requirement of passing speaking/reasoned order
S.N. Mukherjee v. U.O.I. (1990) 4 SCC 594
Tara Chand v. Municipal Corporation of Delhi (1977) 1 SCC 472
Requirement of supplying enquiry report
M.D. ECIL, Hyderabad v. B. Karunakar (1993) 4 SCC 77
P.D. Agarwal v. State Bank of India 2006 (5) SCC 54
State of U.P. v. Harendra Arora (2001) 6 SCC 392
Meaning of Discretion:
CCSU v. Minister for Civil Services (1984) 3 All ER 935
Indian Railway Construction Co. Ltd. v. Ajay Kumar (2003) 4 SCC 579
Arbitrariness / discrimination / unreasonableness
A.N. Parsuraman v. State of T.N. AIR 1990 SC 40
Dwarka Pd. Laxmi Narain v. State of U.P., AIR 1986 SC 224

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 Marbury v. Madison 1803 5 US (Cranch) 137 US SC
Bad Faith / Malafide
Express Newspapers (p) Ltd. v. U.O.I. AIR 1986 SC 827
G. Sadanandan v. State of Kerala AIR 1966 SC 1925
Pratap Singh v. State of Punjab AIR 1964 SC 72
State of Punjab v. V. K. Khanna (2001) 2 SCC 330
U.O.I. v. Malti Sharma 2006 (2) SCC 578
Ignoring relevant considerations or reliance on irrelevant considerations
Commr. Of Police v. Goardhan Das Bhanji AIR 1952 SC 16
Ram Manohar Lohia v. State of Bihar AIR 1966 SC 740
State of Bombay v. K.P. Krishnan AIR 1960 SC 1223
Non Exercise of power
Shri. Rama Sugar Industries v. State of A.P. (1974) 1 SCC 534

Module-III: Administrative Discretion and Judicial Review [Teaching Hours 12]

3.1 Classification of Administrative Action: Legislative, Executive and Judicial
Functions, Distinction between Administrative and quasi-judicial functions, leading
cases.
3.2 Administrative Discretion: Meaning and Significance, discretionary power, failure to
exercise discretion, excess or abuse of discretion.
3.3 Judicial Review through Writs: Concept of Judicial Review of Administrative Action,
Power of the Judicial Review of the Supreme Court and High court, Types of Writs.
3.4 Grounds of Judicial review of Administrative Actions: Grounds, Rules restricting
Judicial Review: locus standi, laches, res judicata, exhaustion of
alternative/administrative remedies.
3.5 Doctrine of Legitimate Expectation and Doctrine of Proportionality

Compulsory Reading
• M.P. Jain & S. N. Jain, Principles of Administrative Law (7th Ed 2017) LexisNexis (pp.
31-44, 443-508, 534-734)
• I.P. Massey, Administrative Law (9th Ed, 2017) EBC (pp. 47-78)
• CK Takwani, Lectures on Administrative Law (6th Ed, 2017) EBC (pp. 44-61, 286-436)

Judicial References:
Power of judicial review under Articles 32, 136, 226 and 227
Ekta Shakti Foundation v. Govt. of NCT of Delhi MANU/SC/3115/2006
Maharashtra State Seeds Corpn. Ltd v. Haridas AIR 2006 SC 1480
T.K. Rangarajan v. State of T.N. AIR 2003 SC 3032
Tilok Chand Moti Chand v. H.B. Munshi AIR 1970 SC 898
Scope of review through writs
A.T. Sharma v. A.P. Sharma AIR 1979 SC 1047
Anadi Mukta Satguru trust v. V.R. Udaisi (1989) 2 SCC 691
Daryo v. State of U.P. AIR 1961 SC 1457
R.S. Deodhar v. State of Maharashtra AIR 1974 SC 259
S.D. Rai v. Ram Chandra Rai (2003) 6 SCC 675
Ujjaim Bai v. State of U.P. AIR 1962 SC 1621
Zee Telefilms v. U.O.I. (2005) 4 SCC 649
Doctrine of legitimate expectation and promissory estoppels
Delhi Cloth and Gen Mills v. U.O.I. (1988) 1 SCC 66

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 Larsen & Turbo Ltd. v. U.O.I. AIR 2005 SC 4180
National Building Construction Co. v. S. Raghunathan (1998) 7 SCC 66
Navjyoti Corpn. Group Housing Society v. U.O.I. (1992) 4 SCC 477
Doctrine of proportionality
T.O. Estates P Ltd. V. U.T. Chandigarh 2003 (10) SCC 1016
Maharaja Agrasen Hospital v. Union of India W.P.(C) 6000/2021

Module-IV: Legislative Powers of Administration [Teaching Hours 14]

4.1 Delegated Legislation: Meaning, Reasons for Growth of Delegated Legislation
4.2 Constitutionality of Delegated Legislation: Delegated Legislation in England, US
and India, Conditional Legislation, Functions which may be delegated, Excessive
Delegation, Abdication Test
4.3 Classification of Delegated Legislation: Title-based classification, Purpose-based
classification, Authority-based classification, Direction-based classification.
4.4 Sub-delegation of Powers: Delegatus Non Potest Delegare, Restriction on Delegation
of legislation, Need for safeguards.
4.5 Control of Delegated Legislation: Types of Control, Legislative Control – Laying; Procedural
Control – Publication and Consultation; Judicial Control – (a) substantive and (b) procedural
ultra vires.

Compulsory Reading
• M.P. Jain & S. N. Jain, Principles of Administrative Law (7th Ed 2017) LexisNexis (pp
47-187)
• I.P. Massey, Administrative Law (9th Ed, 2017) EBC (pp. 79-148)
• CK Takwani, Lectures on Administrative Law (6th Ed, 2017) EBC (pp. 64-176)

Judicial References:
In Re Delhi Laws Act (R v. Burrah add cases)
AIR 1951 SC 332
Raj Narain v. Chairman, Patna Administration Committee AIR 1954 SC 519
Jalan Trading Co. v. Mill Mazdoor Union AIR 1967 SC 691
Atlas Cycle Industries Ltd. v. State of Haryana AIR 1979 SC 1149
Darshan Lal Mehra v. U.O.I. AIR 1992 SC 1848
Secy. Ministry of Chemicals and Fertilizers v. Cipla Ltd. AIR 2003 SC 3078
State of T.N. v. P. Krishnamurthy AIR 2006 SC 1622
DDA v. Joint Action Committee AIR 2008 SC 1343

Module-V: Judicial Powers of Administration [Teaching Hours 10]

5.1 Administrative Adjudication: Meaning, Growth of Administrative Adjudication,
Problems of Administrative Adjudication.
5.2 The Tribunal System: Introduction and overview of tribunals, need, nature,
constitution, jurisdiction and procedure of Tribunals.
5.3 Constitutional Validity: Article 32, Article 323A, 323B of Constitution of India, Pre
and Post Sampath Kumar Position, L. Chandra Kumar and after.
5.4 Administrative tribunals and rule of procedure: Rules of procedure and evidence,
reasons for decisions, finality of decisions, decision and judicial review, doctrine of
stare decisis

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5.5 Concept of Good Governance: Ombudsman and Right to Information as a means for
ensuring transparency in public accountability.

Compulsory Reading
• I.P. Massey, Administrative Law (9th Ed, 2017) EBC (pp 151-185), (pp.455-516, 545-585).
• CK Takwani, Lectures on Administrative Law (6th Ed, 2017) EBC (pp. 240-282), (pp 440-
504, 508-538)

Statutory Reference
The Administrative Tribunals Act, 1985 (Act No.13 of 1985)
The Lokpal and Lokayuktas Act, 2013 (Act No.1 of 2014)
The Right to Information Act, 2005 (Act No.22 of 2005)

Judicial References:
Engineering Mazdoorsabha v. Hind Cycles AIR 1963 AC 874
SP Sampath Kumar v. Union of India 1987 SCR (3) 233
L Chandra Kumar and Others v. Union of India 1997 (2) SCR 1186
MP Special Police Establishment v. State of M.P. 2004 8SCC 788
Central Board of Secondary Education v. Aditya Bandopadhyay 2011(9) SC212
Tata Cellular v. Union of India AIR 1996 SC 11

Suggested Reading:

• D.D. Basu, Administrative Law, 6th Edn, (Kamal Law house, Calcutta, 2005).
• S.P. Sathe, Administrative Law, 7th Edn LexisNexis.
• Sir, W. Wade, Administrative Law, Eleventh Edition, 2014 (OUP).
• P.P. Craig, Administrative Law, (Sweet and Maxwell, London, Indian Print).
• ILI, Cases and Materials on Administrative Law in India.
• SA De Smith, Judicial Review of Administrative Action.
• Peter Cane, An Introduction to Administrative Law, Oxford.
• A.T. Markose, Judicial Control of Administrative Action in India.
• Franks, Report of the Committee on Administrative Tribunals and Inquiries, HMSO, 1959.
• Donoughmore Committee on Minister’s Powers on Delegated Legislation, 1932
• ‘Liability of the State in Torts’, Law Commission of India, First Report (1956)
• S.K. Agarwal, The Proposed Indian Ombudsman (1971).
• Yashomati Ghosh, Textbook on Administrative Law (1st Ed, 2016), LexisNexis.

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