Lexis Nexis’s Principles of Administrative Law (PB) by M P Jain – 8th Edition 2023.

Lexis Nexis’s Principles of Administrative Law (PB) by M P Jain – 8th Edition 2023.

Description:

Administrative Law in the Context of a Liberalized Economy

When a state transitions from a controlled to a liberalized economy, several questions and considerations in administrative law may undergo alterations. Here are some points to consider:

• Judicial Oversight: In a liberalized economy, there might be a greater need for judicial oversight as the private sector expands and interacts with the government in various ways. The complexity of transactions, contracts, and regulations could necessitate a more vigilant approach from the courts to ensure responsible exercise of power in this new landscape.
• Executive Power and Policies: As the state adopts liberal economic policies, the nature and scope of executive power may evolve. This could lead to new administrative policies, regulations, and decision-making processes. Courts may need to adapt to these changes and maintain their mandate to ensure the responsible exercise of power, regardless of the economic policy pursued by the state.
• Judicial Restraint: While the courts play a crucial role in upholding administrative law, they may also need to exercise judicial restraint when reviewing policies adopted by the executive in the context of a liberalized economy. This balance is important to avoid unduly impeding the functioning of the executive branch while still holding it accountable.

Amita Dhanda’s Contribution:

Amita Dhanda, in the edition of Jain and Jain’s Administrative Law, has provided valuable insights into the evolution of administrative law in India as the country transitioned from a controlled to a liberal economy. Her work continues the tradition of combining description with critique, making it a useful resource for both students and practitioners in the field.

Key Features of the Book:

• Restructured Content: The book has been thoroughly restructured around key principles of administrative law, highlighting crucial aspects such as delegated legislation, natural justice, administrative powers, judicial remedies, non-judicial remedies, and government privileges and duties.
• New Chapters: Two new chapters, one on Bias and the other on the Auditing Regime in the country, have been incorporated, reflecting the evolving landscape of administrative law in India.
• Case Law: The book encompasses important administrative case law up to 2023, providing readers with up-to-date references and examples.
• Judicial Independence: The book also emphasizes the importance of the independence of the judiciary in obtaining executive accountability, a fundamental objective of administrative law.

Overall, Amita Dhanda’s commentary and the updated edition of Jain and Jain’s Administrative Law offer a comprehensive understanding of the principles, developments, and challenges within the field of administrative law, particularly in the context of India’s transition to a liberalized economy.

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