Administrative Law

Description

Administrative Law by Prof. J.J.R. Upadhyaya presents a comprehensive and systematic study of the principles, sources, and evolving contours of administrative law in India and comparative jurisdictions. The book is structured to aid students, researchers, judicial aspirants, and practitioners in understanding the foundations as well as contemporary challenges in this dynamic branch of public law.

The work traces the growth of administrative law and examines its nature, scope, and relationship with constitutional law and public administration. It also offers insights into comparative systems. It further explores the development of administrative law in practice, highlighting historical growth in India, England, and America, the emergence of the welfare state, and the social dimensions of judicial review.

This is followed by an analysis of the sources of administrative law, including the Constitution, statutes, ordinances, delegated legislation, case law, and committee reports. Core constitutional doctrines—Rule of Law, Separation of Powers and Delegated Legislation—are dealt with in depth, alongside a classification of administrative action into legislative, judicial, quasi-judicial, and purely administrative.

The book provides an authoritative treatment of administrative adjudication and tribunals, their structure, procedures, and constitutional recognition. It also elaborates on natural justice and fairness, covering bias, the right to hearing, reasoned decisions, post-decisional hearings, and the consequences of their violation. Further sections address investigative powers, judicial review through writs, and the intersection of fundamental rights with administrative discretion. Separate chapters are devoted to government liability in tort and contract, ordinary remedies like injunction and declaration, government privileges such as estoppel and waiver, and the scope of licensing powers.

The text also examines specialised topics, including Right to Information, exclusion of judicial review, the institution of Ombudsman and Lokpal, working of public corporations and undertakings, and constitutional protection of civil servants. Contemporary themes such as public interest litigation, judicial activism, competition law, and global administrative law are also covered, ensuring the book’s relevance in modern governance discourse.

Written in clear and accessible language, enriched with case law references and doctrinal analysis, the book provides both theoretical clarity and practical guidance. It is an indispensable resource for academic study, competitive exam preparation, and legal practice in administrative law.