LL.M. / M.C.L.

(2/3 Year) I Term Course

[2009-10]

Paper – LM – 1011 : Administrative Process

Note: 1. This is the first of the three courses on Administrative law prescribed for LL.M.
Degree. Keeping in view the scope of the other two courses, namely Administrative Discretion
and Judicial Review and Techniques of Judicial Control, the course in present paper
(Administrative Process) has been confined to the topics mentioned in the following synopsis.
However, this synopsis is not to be treated as exhaustive of the scope of the paper and students
are expected to read all materials covered by the title of this paper.
2. There shall be one written examination of three hours’ at the end of the Term.
One question paper shall be set in each of the subjects prescribed for study and
examination. Each paper shall carry 100 marks out of which 20 marks will be for
valuation of term paper and 80 marks for written examination. The minimum pass marks
in each subject shall be 50%.
3. Every student of this course is required to present a paper in the class for
discussion on a topic assigned by the concerned teacher. No student shall be permitted
to appear in the examination unless a certificate is issued by the teacher that the paper
presented by the student was to his satisfaction.

Prescribed Readings:
1. M.P. Jain and S.N. Jain, Principles of Administrative Law (6th ed., 2007)
2. G.P. Singh and Alok Aradhe (Rev.), M.P. Jain and S.N. Jain, Principles of
Administrative Law (5th ed., 2007)
3. Indian Law Institute, Cases and Materials in Administrative Law
4. Mark Elliott, Beatson, Matthews and Ellitto’s Administrative Law (3rd ed., 1989)
5. Wade, Administrative Law (9th ed., 2004)
6. P.P. Craig, Administrative Law (5th ed., 2003) (South Asian Edition, 2007)
7. F. Garner & B. L. Jones, Garner’s Administrative Law (1984)
8. M.P. Jain, Parliamentary Control of Delegated Legislation (1964)

TOPIC – I
ADMINISTRATIVE PROCESS – CONCEPT AND MEANING
Meaning and Definitions of Administrative Law and Administrative Process; Need, Development
and scope of Administrative Law.
Required Readings:
1. Stephen G. Breyer and Richard B. Stewart, Administrative Law and Regulatory Policy
(1979), Chs. 1-3, pp.1-135.
2. I.L.I., Administrative Process under the Essential Commodities Act, 1955 (1964) 90-
149.
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Recommended Readings:
1. K. C. Davis, Administrative Law Text (1971) 1-15.
2. W. Friedman, Law in a Changing Society (1959) Chapter 11.
3. Christopher F.Edley, Administrative Law; Rethinking Judicial Control of Bureaucracy
1990.
4. Mike Taggart, “The Impact of Corporatisation and Privatisation on Administrative Law”,
51 Australian Journal of Public Administration 368-373 (1992).
5. Peter Bayne, “Administrative Law and the New Managerialism in Public
Administration”, 62 The Australian Law Journal 1040-1045 (1988).

TOPIC – II
BASIC CONSTITUTIONAL CONCEPTS INFLUENCING GROWTH OF
ADMINISTRATIVE LAW

A. RULE OF LAW

Dicey’s formulation of rule of Law, Fallacy of Dicey’s aspect of the welfare State and the Rule of
Law; Rule of Law in mixed economy, formal and Ideological concepts of Rule of Law;
Constitutional provisions embodying the idea of Rule of Law, Relationship between the Rule of
Law and Administrative process in a modern democracy.

B. SEPARATION OF POWERS
Doctrine as propagated by Montesquieu : Rationale of this doctrine in theory and practice,
Influence caused an Administrative Law.

TOPIC – III
RULE MAKING POWER OF THE ADMINISTRATION
Nature and source of rule making power, procedural requirements in the exercise of that power,
kinds of control exercised by the legislature and the administration in the exercise of that power.
The General Clauses Act, 1897, sections 20-24; Report of the Committee on Ministers’ Powers
(Donoughmore Committee), pp. 8-70 (Cmd. 4060) (1932).

TOPIC – IV
ADMINISTRATIVE TRIBUNALS
Reasons for the Growth of Administrative Adjudication; Advantages of Tribunals; Adjudicatory
Bodies and the Adjudicatory (Quasi-judicial) Process; Openness, Fairness and Accessibility of
Tribunals, Principles of Natural justice (Note :- Judicial control of Administrative Tribunals is
specifically excluded from the scope of this paper.) Structure and procedure of Tribunals with
special reference to the Central Administrative Tribunal under the Administrative Tribunals Act,
1985, and other tribunals relating to Tax, Labour, Transport and Consumer Disputes.
Required Readings:
1. Constitution of India, Articles 323A and 323B
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2. Law Commission of India, 14th Report (1958) 675-695.

3. S. N. Jain, Administrative Tribunals in India (1977)
4. S.P. sathe, The Tribunal System in India (1996).
5. Report of the Committee on Administrative Tribunals and Enquiries (Franks
Committee) Comd. 218 (1957)
6. Norman Lewis and Patrick Birkinshaw, When Citizens Complain : Reforming Justice and
Administration (1993) O.U.P., 88-110.
7. S. P. Sampath Kumar v. Union of India, AIR 1987 SC 386.
8. L. Chandra Kumar v. Union of India, AIR 1997 SC 1127.

TOPIC – V
REDRESSAL OF COMPLAINTS AGAINST THE ADMINISTRATION THE
INSTITUTION OF OMBUDSMAN
Need for the non-legal remedy of Ombudsman : Limitations in redress through Courts, Ministers
or Parliament, Effectiveness of the method of Special Inquiries and Vigilance Commission; The
Institution of Ombudsman; The Central Vigilance Commission Act, 2003
Twin problems of mal-administration and Corruption; matters usually included or
excluded from Ombudsman’s Jurisdiction. Various legislative proposals for appointment of
LOKPAL at the centre; Legal and Constitutional Position of the LOKPAL, under the successive
LOKPAL BILLS of 1968, 1971, 1977, 1985, 1989 and 1996.
Working of LOK AYUKTAS and other Institutions in some States.
The Right to Information Act; 2005.
Required Readings:
1. Administrative Reforms Commission, Interim Report on the problems of Redress of
Citizens’ Grievance (1966).
2. Balram K. Gupta, “A Balance-Sheet of State Lokayuktas”, 26 JILI 122-144 (1984).
3. K. S. Shukla & S. S. Singh, Lokayukta : A Socio Legal Study (1988) IIPA, New Delhi.
4. Estimates Committee, System of Redressal of Grievances (1991-92) First Report, Tenth
Lok Sabha.
5. Normal Lewis and S. S. Singh, Ombudsman : India and the World Community (1995)
IIPA and British Council.
Recommended Readings :
1. P. K. Tripathi, “Lokpal : The Proposed Indian Ombudsman”, 9 JILI 175 (1967).
2. Rajeev Dhavan, “Engrafting the Ombudsman Idea on a Parliamentary Democracy – A
Comment on the Lokpal Bill, 1977”, 19 JILI 257-82 (1977).

TOPIC – VI
INQUIRIES & INVESTIGATIONS
This topic includes inquiries under the Commission of Inquiry Act and the Powers &
Processes of various Investigating agencies at the Central & State levels, particularly the Central
Vigilance Commission & Central Bureau of Investigations; The Commissions of Inquiry Act,
1952.
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TOPIC – VII
REGULATORY AGENCIES
This topic in intended to familiarize the students with regulators established in in various
sectors of economy and critically compare their composition, structure, powers and procedures
not only among the regulators but also with similar bodies created in United States of America
and other countries. The foreign regulators will include Federal trade Commission, Inter State
Commerce Commission, etc. The Indian regulators will include the Electricity Regulatory
Commission; Competition Commission; Telecom Regulatory Authority of India; Insurance
Regulatory and Development Authority; Pension Fund regulatory and Development Authority,
Securities and Exchange Board of India; Petroleum and Natural Gas Regulatory Board.
The legislations will include the Central Electricity Regulatory Commission under
section 76 of the Electricity Act, 2003; the Prasar Bharati (Broadcasting Corporation of India)
Act, 1990; the Competition Act, 2002; the Securities and Exchange Board of India Act, 1992; the
Telecom Regulatory Authority of India Act, 1997; the Insurance Regulatory and Development
Authority Act, 1999; the Cable Television Network (Regulation) Act, 1995

ADMINISTRATIVE PROCESS

Question Paper 2007

Attempt any FOUR questions. All questions carry EQUAL marks.

1. “The tribunals established under the parliamentary legislations vary considerably

in organizational structure, powers and decision-making procedure.”
Critically examine the above observation in the light of tribunals
established for service and consumer disputes.
2. “The right to information is both a constitutional and statutory right.” Discuss in
the light of relevant provisions and judicial decisions. Are you satisfied with the
existing law?
3. Analyse the composition and powers of Insurance Regulatory and Development
Authority and compare the same with some other similar regulatory bodies
established to regulate other service providers’ activities.
4. “The theory delegatus non potest delegare has no application in India.” Discuss in
the light of delegation of taxing powers to municipal bodies and the attitude of the
courts in such delegation.
5. “The commissions of inquiry have proved to be utter failures in achieving any
fruitful results.” Do you agree with this view? Give reasons to support of your
view. What measures would you suggest to make the commissions of inquiry
more effective?
6. “The separation of power theory does not create any obstacle for the
administration in exercising legislative and adjudicatory functions.” Analyse this
observation in the light of relevant constitutional provisions and judicial
decisions.
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Question Paper 2008

Attempt any FOUR questions. All questions carry EQUAL marks.

1. Analyse critically the composition, powers and jurisdiction of the administrative

tribunals with regard to service matters. What is forum for challenging the
orders/decisions of these tribunals?
2. “The concept of rule of law is a part of basic feature of the constitution of India.”
Critically examine the above statement in the light of constitutional provisions and
judicial pronouncements.
3. Critically examine the composition and powers of a State Consumer Disputes
Redressal Commission with particular reference to its original, appellate and
revisional jurisdiction.
4. Describe the powers of the Central Government to appoint a commission of inquiry.
What principles of administrative law are to be followed by a commissions during the
course of inquiry? What follow up action is required to be taken after submission of
the report of the commission?
5. Write critical notes on the following:-
(a) Separation of powers.
(b) Right to information
6. How does the legislature exercise control over delegated legislation? Do you consider
the legislative control of delegated legislation effective?