Administrative Law Notes for LLB Students

Administrative Law regulates the exercise of power by the executive and statutory bodies. These notes cover the core doctrines examined in Indian LL.B. courses.

Delegated Legislation

Parliament delegates rule-making power to the executive for technical, detailed or fast-changing matters, subject to the limits of “excessive delegation” — essential legislative functions (policy-making) cannot be delegated, as held in In re Delhi Laws Act (1951). Delegated legislation is subject to judicial review, laying before Parliament, and the doctrine of ultra vires.

Principles of Natural Justice

Two core rules: audi alteram partem (right to be heard — notice, opportunity to present one’s case) and nemo judex in causa sua (rule against bias — no one should be a judge in their own cause, covering personal, pecuniary and official bias). Maneka Gandhi v. Union of India (1978) read natural justice into Article 21’s “procedure established by law,” requiring it to be fair, just and reasonable.

Judicial Review of Administrative Action

Grounds for judicial review include illegality (acting beyond statutory power — ultra vires), irrationality (Wednesbury unreasonableness — a decision so unreasonable no reasonable authority could have made it), and procedural impropriety (breach of natural justice or mandatory procedure).

Writ Remedies Against Administrative Action

Mandamus compels performance of a public duty; certiorari quashes an administrative/quasi-judicial decision made without jurisdiction or in violation of natural justice; prohibition prevents a tribunal from exceeding jurisdiction. These are available under Articles 32 and 226 against “State” as defined in Article 12.

Administrative Tribunals

The Administrative Tribunals Act, 1985 established Central and State Administrative Tribunals (CAT/SAT) for service matters, following the 42nd Amendment’s insertion of Article 323A; L. Chandra Kumar v. Union of India (1997) held that tribunal decisions remain subject to High Court judicial review under Articles 226/227, preserving judicial review as part of the basic structure.

Key exam questions to prepare

• Explain the two principles of natural justice with exceptions.
• Grounds for judicial review of administrative action.
• Significance of L. Chandra Kumar on tribunal jurisdiction.

More: all LL.B. subject notes