The modern state governs in the traditional sense i.e., it maintains law and order, adjudicates upon disputes and regulates economic and social life of individuals and groups in the state. At the same time, it is also the provider of essential services. In the event of need occasioned by unforeseen hazards of life in a complex society, it engages itself in giving relief and helps the citizenry towards self-reliance. This course on administrative law emphasizes on understanding the structure and modus operandi of administration and its application principles. It must take note of developmental perspectives and attainment of social-welfare objectives through bureaucratic process. It should go into matters, which make easy or hinder the attainment of the objectives of administrative law. Though in the matter of protection of rights of individuals against administration the role of courts cannot be minimized, it is no less important to know the advantages of informal methods of settlement. Many new methods of grievance redressal have been devised which are not only efficacious but also inexpensive and less time consuming. Remedies available for administrative deviance need a critical study and evaluation in the context of realities. Therefore, this course has been designed with the following learning outcomes:1. Salient features of the law distinct from the Constitutional Law.2. Fundamental principles followed to render justice i.e., principles of natural justice, their kinds and exceptions.3. The reasons and evolution of delegated legislation and its functioning authorities within the ambit of the power conferred to them.4. The functioning of the special bodies constituted as alternative means for administering justice viz., Administrative Tribunals, Ombudsman, Lokayuktas, Lokpal etc.All in all, there are 40 modules in this MOOC wherein 12 subject matter experts from esteemed universities and national law schools across the country have delivered their lectures. This MOOC shall run for around three months.
Overview
Syllabus
Week - 01
Definition, Nature, Scope and Growth of Administrative Law
Theory of Droit Administratif and Conseil d' Etat
Relationship Between Constitutional Law and Administrative Law
Week – 02
Development of Administrative Law in India, USA and UK
Government Privileges: Means and Methods
Official Secrecy and Access to Information
Week – 03
Principles of Natural Justice
Administrative Discretionary Powers and Procedural Fairness
Introduction to Audi Alteram Partem: An Attribute of Natural Justice
Judicial Approach towards Audi Alteram Partem in India
Week – 04
Liability of the State in Torts and Contract
General Statutory Remedies against Administrative Actions
Governmental Privileges Position in England, USA and India
Week – 05
Right to Information, 2005
Doctrine of Legitimate Expectation
Doctrine of Proportionality and Wednesbury Principles
Week – 06
Separation of Powers
Rule of Law (Part- I)
Rule of Law (Part- II)
Delegation of Legislative Powers and Control
Week – 07
Doctrine of Bias
Lokpal and Lokayuktas: The Indian’s Ombudsman
Third Limb of Natural Justice: Reasoned Decisions
Week – 08
Modes of Judicial Review of Administrative Actions
Right to Information: A Tool for Good Governance
Discipline and Disciplinary Procedure in Labour Laws: An Administrative Law Perspective
Week – 09
Judicial Control over Administrative Actions – Remedies for Administrative Wrongs and Exclusion of Judicial Review
Locus Standi and Public Interest Litigation
Nature and Scope of Administrative Functions
Laches, Res Judicata and Doctrine of Alternative Remedies
Week – 10
Civil Servants in 21st Century India
Doctrine of Pleasure and the Constitution of India
Privatisation of Public Corporations
Week – 11
Administrative Adjudication - I
Administrative Adjudication – II
Administrative Bodies and Their Powers
Week – 12
Administrative Tribunals
Judicial Control – Liabilities and Accountabilities of State
Concept of Public Undertaking
Public Sector Undertaking – Regulatory Framework in India
Taught by
Dr Deepak Kumar Chauhan
