Unit 1 of Administrative Law (syllabus: 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). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What may the executive do without a statute?
- When is executive action void for want of legislative authority?
- May a court direct the legislature or the executive on matters of policy?
- Is an administrative or a quasi-judicial power in issue, and does it matter?
- Which Article brings delegated legislation within Part III?
- How is administrative law distinguished from constitutional law in India?
- What are the sources of administrative law in India?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Constitution of India, s. 53(1), 73, 154, 162, 202 to 204, 266(3)
- Constitution of India, s. 13(2), 19(1)(d), 352, 358
- Constitution of India, s. 50, 162, 246
- Constitution of India, s. 14, 16
- Constitution of India, s. 13, 13(3)(a)
- Constitution of India, s. 13, 14, 21, 32, 226
- General Clauses Act 1897, s. 20 to 24
Leading cases
- Rai Sahib Ram Jawaya Kapur v State of Punjab
- State of M.P. v Thakur Bharat Singh
- Asif Hameed v State of J. & K.
- A. K. Kraipak v Union of India
- Applied in Dwarka Prasad Laxmi Narain v State of U.P.
- No single leading case; illustrated throughout the course
Full case summaries
- Rai Sahib Ram Jawaya Kapur v State of Punjab (1955)
- Asif Hameed v State of J. & K. (1989)
- State of M.P. v Thakur Bharat Singh (1967)
- A. K. Kraipak v Union of India (1969)
- Maneka Gandhi v Union of India (1978)