CLAT PG Administrative Law Syllabus

Administrative Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Administrative Law in CLAT PG, not a summary of it.

1. 1

   Nature and Scope

   1 topic

   • Definition and Features
2. 2

   Rule of Law

   1 topic

   • Principles and Application
3. 3

   Discretionary Powers

   1 topic

   • Scope and Limitations
4. 4

   Administrative Adjudication

   1 topic

   • Tribunals and their Functions
5. 5

   Writ Jurisdiction

   2 topics

   • Types of Writs
   • Grounds for Issuance
6. 6

   Doctrine of Legitimate Expectation

   1 topic

   • Application and Principles
7. 7

   Doctrine of Proportionality

   1 topic

   • Application and Principles

Administrative Law flashcards for CLAT PG

20 of 50 cards from the Administrative Law deck — real questions with worked answers.

1. What is Administrative Law?

   It is the branch of public law that governs the organisation, powers, duties, and functions of administrative authorities, and provides remedies against the abuse or excess of those powers.

2. How did Ivor Jennings define Administrative Law?

   As the law relating to the administration — it determines the organisation, powers, and duties of administrative authorities.

3. Name the three core concerns of Administrative Law.

   (1) Powers conferred on administrative authorities, (2) limits/control over those powers, and (3) remedies available to aggrieved persons.

4. What are the main reasons for the growth of Administrative Law?

   Rise of the welfare/service state, inadequacy of legislature and courts to handle volume, need for expert and flexible decision-making, and demand for preventive and discretionary action.

5. List three salient features of Administrative Law.

   It is largely judge-made (case law), deals with powers and procedures of the administration, and focuses on control of discretion through judicial review and natural justice.

6. What is the difference between Administrative Law and Constitutional Law?

   Constitutional Law deals with the general structure and the fundamental framework of the State; Administrative Law deals with the detailed working, powers, and control of administrative authorities operating within that framework.

7. What is delegated (subordinate) legislation?

   Law made by an executive/administrative authority under powers delegated to it by the legislature through an enabling/parent statute.

8. What is administrative discretion?

   The freedom or latitude given to an administrative authority to choose among alternative courses of action where the law does not dictate a single fixed outcome.

9. What is the principle of Rule of Law as propounded by A.V. Dicey?

   It comprises three elements: supremacy of law (no arbitrary power), equality before the law, and that the constitution is the result of the ordinary law of the land (rights flow from judicial decisions).

10. State the doctrine of Separation of Powers.

    The legislative, executive, and judicial functions of government should be vested in separate organs to prevent concentration and abuse of power (associated with Montesquieu).

11. What is the Doctrine of Pleasure under Indian Administrative Law?

    Under Article 310, civil servants hold office during the pleasure of the President/Governor, subject to safeguards in Article 311.

12. What are the twin principles of Natural Justice?

    (1) Nemo judex in causa sua — rule against bias, and (2) Audi alteram partem — the right to be heard.

13. What does 'Audi alteram partem' require?

    That no person be condemned unheard — a party must be given notice of the case and a fair opportunity to present its defence before an adverse decision.

14. What does 'Nemo judex in causa sua' mean?

    No one should be a judge in their own cause; the deciding authority must be free from bias (pecuniary, personal, or subject-matter bias).

15. What is the doctrine of Legitimate Expectation?

    A person may legitimately expect a benefit or fair treatment based on an express promise or a consistent past practice of the authority, and such expectation is protected against arbitrary denial.

16. What is the doctrine of Proportionality in administrative action?

    The administrative measure must not be more drastic than necessary to achieve its objective — the means must be proportionate to the ends.

17. What is the Wednesbury principle of unreasonableness?

    From Associated Provincial Picture Houses v. Wednesbury (1948): a decision is reviewable if it is so unreasonable that no reasonable authority could ever have arrived at it.

18. What is the doctrine of Legitimate Expectation's limitation regarding public interest?

    Legitimate expectation can be overridden if there is an overriding public interest, and it cannot be claimed against an express statutory provision.

19. What is the scope of judicial review of administrative action?

    Courts review the legality, rationality, and procedural propriety of action (not the merits) — chiefly the decision-making process rather than the decision itself.

20. In CCSU v. Minister for Civil Service (GCHQ case), what three grounds of judicial review did Lord Diplock identify?

    Illegality, irrationality (Wednesbury unreasonableness), and procedural impropriety (with proportionality as a possible future ground).

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