Thematic Focus of the Course
A democracy will be no better than a mere façade if the rights of the people are infringed with impunity without proper redressed mechanism. This makes the study of administrative law important in every country. For India, however, it is of special significance because of the proclaimed objectives of the Indian polity to build up a socialistic pattern of society. This has generated administrative process, and hence administrative law, on a large scale. The issues in administrative law cut across substantive boundaries and invariably have an impact on the relationship among the branches and in particular between the courts and agencies. They are not simply process questions. In addition, they frequently involve a balancing between, on the one hand, the need to strive for accuracy and an opportunity for affected persons to participate in the agency decision and, on the other, the desire to keep costs under control and allow government some opportunity to operate efficiently and effect.
Rationale
This course is an introduction to the legal, normative, and organizational principles that undergird the administrative state. This involves study of the sources of law for administrative action and examines the ways in which the practical necessities of having vast, powerful executive agencies are squared with the commitments to a government that is democratically accountable and legitimate. Administrative law extends into nearly every aspect of modern life. Keeping that in view, this training aims to deepen participant’s understanding of key aspects of the administrative justice system. Administrative law concerns the legal rules and institutions which seek to keep the ‘governors’ in society (principally, decision-makers in the executive arm of government) accountable. It encompasses both judicial and non-judicial modes of accountability. Administrative law can be conceptualised as the legal regulation of the exercise of public (as opposed to ‘private’) power.
Learning Outcomes
The aim of the course is to ensure that participants are familiar with the central principles of Administrative Law. They will develop an appreciation of the relationship between law and government decision-making, including how the law forms a framework that enables and controls government activity within the broader context of the rule of law. The participants will learn the principles and procedures for review of administrative action, and learn to apply this understanding to resolve practical problems.
Objective
On completion of the programme the participants will be able to:
Contents
The course circles around the following themes/topics:
Level of participants
Officers of All India Service, officers working under the Central Staffing Scheme and officers of Central Secretariat Service (CSS).
Pedagogy
The pedagogy followed will help participants understand the need and importance of administrative law. This course examines the legal and practical foundations of the modern administrative state. The course will cover the various aspects of administrative law through a combination of:
The Learning plan has been carefully design for hybrid learning i.e. self-paced learning as well as blended/instrucror led learning. The resource matarials consists of sutradhar & other resources relevant for each topics.
