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Theory paper

Administrative Law

Examined on Constitution of India, Right to Information Act 2005, Administrative Tribunals Act 1985, Commissions of Inquiry Act 1952, Lokpal and Lokayuktas Act 2013, Central Vigilance Commission Act 2003, Prevention of Corruption Act 1988, Whistle Blowers Protection Act, General Clauses Act 1897. Arts. 13, 14, 21, 32, 50, 226, 245, 246, 300, 311, 323A and 323B — the constitutional anchors of Indian administrative law.

This page is the map of the paper: every syllabus unit, the leading cases with full summaries, and the exam questions the paper actually sets.

Units

  1. Unit 1 · Nature, the Rule of Law and the Separation of Powers — Module I — the transformation from laissez-faire to the welfare State; definition, nature, scope and sources of administrative law; reasons for its growth; red-light and green-light theories; comparative development in England, the United States, France and India; constitutional law and administrative law; the rule of law and its place in the Indian Constitution; the separation of powers; and the classification of administrative functions
  2. Unit 2 · Delegated Legislation and Natural Justice — Module II — the reasons for the growth of delegated legislation, its constitutional validity, the doctrine of excessive delegation and permissible and impermissible delegation, its forms; judicial, legislative and other controls; and the principles of natural justice — the rule against bias, audi alteram partem, post-decisional hearing, reasoned decisions, the effect of failure and the exceptions
  3. Unit 3 · Tribunals, Discretion and the Liability of Government — Module III — administrative tribunals, their characteristics and their distinction from courts; tribunalisation and judicial independence; administrative discretion and its judicial control; the grounds of review, legitimate expectation and proportionality; and the tortious and contractual liability of Government, sovereign and non-sovereign functions, and statutory immunities and privileges
  4. Unit 4 · Public Corporations, Grievance Redressal and Information — Module IV — public corporations and undertakings; informal settlement and grievance redressal; public inquiries and Commissions of Inquiry; the Ombudsman — the Lokpal and Lokayuktas Act 2013 and the Maharashtra Act 1971; the Central Vigilance Commission; civil services in India and Article 311; administrative deviance and the Prevention of Corruption Act 1988 and the Whistle Blowers Protection Act; and the Right to Information Act 2005

Leading cases in this paper

Exam questions

Where it sits

Statutes