ADMINISTRATIVE LAW Unit-l:
1. Meaning of Administrative Law
Administrative law is a branch of public law that governs the organization, powers, and functions of administrative authorities. It regulates the relationship between the State and its citizens in implementing laws, policies, and public programs. Unlike legislation, which creates laws, administrative law ensures that the execution of laws by governmental bodies is legal, efficient, and just. It addresses issues like delegated legislation, administrative discretion, procedural fairness, and remedies against maladministration. Its ultimate aim is to balance administrative efficiency with accountability and the protection of individual rights.
2. Definition of Administrative Law
A.V. Dicey defined administrative law as “the law relating to the control of administrative authorities in the exercise of their powers.” According to Wade, it is “that part of public law which governs the activities of administrative agencies of government.” It includes rules, principles, and procedures governing administrative action, the powers conferred upon authorities, judicial review, and remedies available to the citizens. Administrative law ensures that executive action remains within legal limits and serves the public interest.
3. Evolution of Administrative Law
Administrative law evolved as a response to the increasing complexity of modern governance. In the 19th century, the traditional distinction between legislative, executive, and judicial functions was strict, but industrialization, social welfare policies, and expansion of government services necessitated specialized administrative agencies. In India, administrative law developed through statutes, constitutional provisions, and judicial decisions, particularly after independence, to regulate governmental actions, protect citizens’ rights, and ensure procedural fairness.
4. Reasons for Growth of Administrative Law
The growth of administrative law is driven by several factors:
- Expansion of welfare and regulatory functions of the State
- Delegation of legislative powers to administrative agencies
- Increased complexity of society and economy
- Need for specialized expertise in decision-making
- Protection of citizens’ rights against arbitrary executive actions
- Judicial intervention to ensure accountability
Administrative law has become essential for balancing State power and individual liberty.
5. Nature of Administrative Law
Administrative law is both dynamic and pragmatic, combining elements of public and constitutional law. It is primarily procedural, focusing on the legality of administrative action rather than substantive policy. It provides mechanisms for controlling administrative discretion, ensuring procedural fairness, and offering remedies like writs, appeals, and compensation. Its nature is regulatory, supervisory, and protective, designed to maintain the rule of law within the administrative machinery.
6. Scope of Administrative Law
The scope of administrative law includes:
- Organization and powers of administrative authorities
- Delegated legislation and rule-making
- Administrative discretion and its control
- Judicial review and remedies against maladministration
- Public accountability mechanisms
- Relations between administrative authorities and private citizens
It extends to all branches of government administration, including central, state, and local authorities, and public corporations.
7. Administrative Law and Constitutional Law: Relationship
Administrative law derives much of its authority from constitutional provisions. Constitutional law defines the structure of government, separation of powers, and fundamental rights, while administrative law ensures that the executive acts within these boundaries. Essentially, constitutional law provides the framework, and administrative law provides the mechanism to enforce legality, procedural fairness, and accountability in administrative action.
8. Role of Delegated Legislation in Administrative Law
Delegated legislation, or rule-making by administrative authorities under statutory powers, is a key aspect of administrative law. It allows the executive to fill in details of legislative enactments. Administrative law governs the scope, limits, and judicial control of delegated legislation, ensuring it does not exceed the authority granted by Parliament and remains consistent with constitutional mandates.
9. Administrative Discretion
Administrative discretion refers to the power given to authorities to make decisions within legal bounds. While discretion allows flexibility in implementing policies, it must be exercised reasonably, fairly, and in public interest. Administrative law sets limits, provides procedural safeguards, and enables judicial review to prevent abuse of discretion.
10. Principles of Natural Justice in Administrative Law
Principles of natural justice, such as audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause), are integral to administrative law. They ensure fairness, transparency, and impartiality in decision-making, and courts can nullify administrative actions that violate these principles.
11. Judicial Review in Administrative Law
Judicial review is a cornerstone of administrative law. Courts examine administrative actions for legality, reasonableness, and procedural fairness. Grounds include illegality, irrationality, procedural impropriety, and violation of fundamental rights. Judicial review ensures that executive actions remain accountable and lawful.
12. Remedies Against Administrative Actions
Administrative law provides remedies such as writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto), injunctions, and compensatory damages. These tools protect citizens against arbitrary or unlawful administrative actions and uphold the principles of justice.
13. Administrative Tribunals and Commissions
Specialized tribunals and commissions handle disputes related to administrative decisions. Examples include the Central Administrative Tribunal (CAT) and income tax tribunals. These bodies improve efficiency, reduce court burdens, and provide expert resolution of administrative disputes.
14. Public Corporations in Administrative Law
Public corporations and state-owned enterprises perform government functions with administrative autonomy. Administrative law regulates their formation, powers, accountability, and liability. Courts ensure that even these bodies act within legal limits and public interest.
15. Modern Trends in Administrative Law
Modern administrative law emphasizes transparency, accountability, and citizen participation. Concepts like e-governance, Right to Information, and Ombudsman institutions reflect its evolution. It now integrates constitutional mandates, statutory regulation, judicial oversight, and administrative efficiency to meet contemporary governance challenges.
16. Rule of Law and Administrative Law
Administrative law is deeply rooted in the Rule of Law, which ensures that the State and its authorities are bound by law. It prevents arbitrary actions by the executive and guarantees legal remedies for citizens. Through judicial review, principles of natural justice, and statutory regulation, administrative law operationalizes the rule of law, maintaining a balance between state power and individual freedom.
17. Administrative Law as a Dynamic Branch of Law
Administrative law is dynamic because it evolves with social, economic, and technological changes. New welfare schemes, regulatory mechanisms, and governance models require updated legal frameworks. Judicial decisions, statutory amendments, and constitutional developments continuously shape administrative law to respond to emerging challenges in governance.
18. Administrative Law and Public Accountability
Administrative law promotes public accountability by regulating government actions and providing remedies against misuse of power. Mechanisms such as tribunals, ombudsmen, transparency laws, and judicial review ensure that administrative authorities act responsibly and in the public interest, reinforcing democratic governance.
19. Administrative Law and Separation of Powers
While constitutional law defines the separation of powers among the legislature, executive, and judiciary, administrative law ensures that the executive functions remain within legal bounds. It prevents encroachment on legislative authority (through ultra vires doctrine) and judicial functions, thereby maintaining institutional balance.
20. Administrative Law and Fundamental Rights
Administrative law safeguards citizens’ fundamental rights against arbitrary executive action. Courts can strike down administrative decisions violating rights such as equality, freedom of speech, or protection of life and liberty. Administrative procedures are designed to respect and uphold these constitutional guarantees.
21. Administrative Law and Delegated Legislation Control
Administrative law controls delegated legislation by ensuring it adheres to the principles of legality and proportionality. Excessive or ultra vires rule-making can be challenged in courts, ensuring that administrative rules do not override the intentions of the legislature or violate constitutional provisions.
22. Administrative Law and Quasi-Judicial Functions
Administrative authorities often perform quasi-judicial functions, such as hearings, licensing, or adjudicating disputes. Administrative law prescribes procedural fairness, impartiality, and right to appeal in such matters, blending judicial safeguards with executive efficiency.
23. Administrative Law and Public Corporations Accountability
Public corporations, though autonomous, are regulated by administrative law. Courts can intervene if they act beyond statutory powers or violate procedural norms. Administrative law ensures that these bodies serve public objectives without misuse of power or negligence.
24. Importance of Administrative Law in Modern Governance
Administrative law is crucial in modern states due to the expansion of government functions, welfare programs, and regulatory mechanisms. It ensures legality, efficiency, fairness, and accountability in administration. By providing remedies, judicial oversight, and procedural safeguards, it protects citizens’ rights and strengthens democratic governance.
25. Challenges in Administrative Law
Contemporary challenges include managing complex regulatory frameworks, balancing administrative discretion with accountability, preventing bureaucratic delay, and adapting to technological changes like e-governance. Administrative law must evolve continuously to address these challenges while protecting individual rights and ensuring transparent governance.
ADMINISTRATIVE LAW Unit-Il:
Here’s a comprehensive set of 20 short answers (150–200 words each) on the topics you requested: Basic Concepts of Administrative Law, Rule of Law, Dicey’s Principle, Modern Trends, Theory of Separation of Powers, and their position in India, UK, and USA.
1. What is Administrative Law?
Administrative Law is the branch of public law that governs the activities of administrative agencies of government. It deals with the powers, functions, and duties of administrative authorities and ensures that these powers are exercised within legal limits. It bridges the gap between legislation and its implementation, focusing on accountability, fairness, and efficiency. Administrative law encompasses rules, regulations, orders, and adjudication procedures created by administrative agencies. It also provides remedies to individuals against misuse of administrative power through writs, tribunals, and judicial review.
2. Nature of Administrative Law
Administrative law is both procedural and substantive in nature. Procedurally, it governs the methods by which decisions are made by administrative authorities. Substantively, it ensures legality, fairness, and reasonableness in administrative actions. It is flexible, dynamic, and evolves with societal needs, striking a balance between public interest and individual rights. Its nature is quasi-constitutional in many countries, as it interprets statutes and safeguards constitutional principles.
3. Scope of Administrative Law
The scope of administrative law includes the study of: powers and functions of administrative authorities, delegated legislation, administrative discretion, principles of natural justice, judicial review of administrative acts, control mechanisms, liability of the State, and administrative remedies. It covers both central and state governments, statutory authorities, regulatory bodies, tribunals, and public corporations. Its scope has widened due to modern governance needs, technological changes, and complex regulatory frameworks.
4. Meaning of Rule of Law
The Rule of Law is the principle that all actions of the State and its authorities must conform to law. It emphasizes equality before law, protection of individual rights, and limitation of arbitrary powers. It ensures that the government acts in accordance with the law, not personal whims, thereby maintaining legal order and fairness. This principle underpins administrative law by limiting discretion and promoting accountability.
5. Dicey’s Principle of Rule of Law
A.V. Dicey identified three principles: (1) No one is above the law, including lawmakers and officials; (2) Equality before the law, where all individuals are subject to the same legal rules; (3) Predominance of ordinary law, meaning constitutional rights are defined through courts rather than arbitrary discretion. Dicey’s concept emphasizes legal remedies against unlawful executive actions and serves as the foundation of administrative accountability.
6. Interpretation of Dicey’s Principle
Dicey’s principle is interpreted as a safeguard against arbitrary government action. Courts uphold legality, enforce rights, and ensure that executive decisions do not exceed statutory authority. Modern interpretations extend Dicey’s idea to include human rights protection, proportionality, and judicial oversight. Some criticism exists regarding the rigidity of Dicey’s approach, especially in welfare states where administrative discretion is necessary.
7. Modern Trends in Administrative Law
Modern administrative law reflects globalization, technology, and complex governance. Trends include: expansion of administrative discretion with accountability, use of tribunals for faster justice, alternative dispute resolution mechanisms, emphasis on transparency, judicial review of executive decisions, and human rights protection. There is also a shift from rigid rule-following to balancing efficiency with fairness.
8. Theory of Separation of Powers
The Separation of Powers is a constitutional principle that divides government into three branches: legislative (makes laws), executive (implements laws), and judiciary (interprets laws). This separation prevents concentration of power, promotes checks and balances, and ensures accountability. While absolute separation is rare, functional separation is maintained to safeguard democratic governance.
9. Separation of Powers in India
India follows a functional separation. The Constitution grants legislative powers to Parliament and State Legislatures, executive powers to President, PM, and administrative authorities, and judicial powers to the judiciary. Checks and balances exist: judicial review allows courts to check legislative and executive actions, while Parliament exercises control over executive through question hours, motions, and committees.
10. Separation of Powers in the UK
The UK follows a flexible separation of powers. Parliament is supreme in law-making, the executive (government) implements laws, and judiciary interprets them. However, fusion exists: members of the executive (PM and ministers) are also legislators. Constitutional conventions, rather than rigid law, maintain checks and balances, and courts avoid interfering with political matters.
11. Separation of Powers in the USA
The USA has a strict separation of powers under its Constitution. Legislative (Congress), Executive (President), and Judiciary (Supreme Court and federal courts) operate independently with distinct powers. Checks and balances are explicit: the President can veto legislation, Congress controls budgets and appointments, and the judiciary can declare laws unconstitutional. This model ensures robust protection of rights and limits arbitrary powers.
12. Relationship between Administrative Law and Rule of Law
Administrative law operationalizes the Rule of Law by ensuring that administrative authorities act within legal limits, respect fundamental rights, and follow due process. Judicial review, principles of natural justice, and statutory safeguards are tools to uphold this relationship. It ensures accountability while facilitating efficient governance.
13. Principles of Natural Justice
Natural justice includes: (1) Audi alteram partem – the right to be heard; (2) Nemo judex in causa sua – absence of bias. These principles guide administrative authorities to act fairly, make reasoned decisions, and maintain public confidence. Violation may result in judicial annulment of administrative actions.
14. Judicial Control of Administrative Action
Courts control administrative action through judicial review, ensuring legality, reasonableness, and adherence to natural justice. Remedies include writs like habeas corpus, mandamus, certiorari, prohibition, and quo warranto. Judicial scrutiny prevents abuse of power while preserving efficiency.
15. Administrative Discretion
Administrative discretion is the authority granted to officials to make decisions within legal limits. Discretion allows flexibility in governance but must be exercised reasonably, fairly, and in accordance with law. Abuse of discretion invites judicial intervention.
16. Delegated Legislation
Delegated legislation refers to rules, regulations, and orders made by administrative authorities under powers conferred by the legislature. It enables efficient governance, adaptation to changing conditions, and detailed regulation. Courts and legislatures supervise delegated legislation to prevent misuse.
17. Modern Administrative Tribunals
Tribunals are quasi-judicial bodies established to resolve disputes efficiently and reduce the burden on courts. They operate under specialized knowledge in areas like taxation, labor, and consumer protection. Tribunals maintain fairness while speeding up justice delivery.
18. Administrative Law in Welfare States
In welfare states, administrative law balances efficiency with protection of individual rights. It allows discretion for social programs, regulatory frameworks, and policy implementation, while ensuring accountability through judicial review and statutory safeguards.
19. Human Rights and Administrative Law
Modern administrative law incorporates human rights principles, ensuring that administrative actions respect fundamental rights. Instruments like the Constitution, international conventions, and judicial pronouncements guide authorities to act fairly, proportionately, and transparently.
20. Conclusion on Position in India, UK, and USA
India has a functional separation of powers, emphasizing judicial review. The UK follows a flexible model with conventions and fusion of powers. The USA has a strict, codified separation ensuring strong checks and balances. In all three systems, administrative law operationalizes the Rule of Law, regulates discretion, and protects citizens from arbitrary authority, while adapting to modern governance needs.
ADMINISTRATIVE LAW Unit-IIl:
1. What is the classification of administrative functions?
Administrative functions can be broadly classified into four categories: legislative, quasi-judicial, administrative, and ministerial. Legislative functions involve the formulation of rules and regulations, giving effect to the law. Quasi-judicial functions involve adjudication of disputes, applying law to specific cases. Administrative functions relate to the management and organization of public services, such as policy implementation and supervision. Ministerial functions are routine, mechanical tasks performed under law or regulation, often without discretion, such as record-keeping or issuing licenses. This classification helps in understanding the scope of powers, accountability, and judicial review applicable to each function.
2. What are legislative functions in administration?
Legislative functions are those in which administrative authorities create rules, regulations, or by-laws under powers delegated by the legislature. While the legislature enacts the law, administrative authorities implement these laws by framing detailed regulations. These rules have the force of law and affect the rights of citizens. For example, the central government may frame environmental rules under the Environmental Protection Act, 1986. Legislative functions require discretion but must adhere to the law and the constitution.
3. What are quasi-judicial functions?
Quasi-judicial functions involve administrative authorities making decisions that affect the rights of individuals after applying legal principles. They resemble judicial functions but are performed by non-judicial bodies. Examples include labor tribunals, consumer forums, and tax authorities adjudicating disputes. These bodies must follow principles of natural justice such as audi alteram partem (right to be heard) and nemo judex in causa sua (no one should be a judge in his own case). Quasi-judicial actions are subject to judicial review to ensure fairness and legality.
4. What are administrative functions?
Administrative functions refer to the execution and management of laws, policies, and public services. These functions include planning, organization, staffing, directing, and monitoring government programs. Unlike legislative or quasi-judicial functions, administrative functions are primarily managerial and policy-oriented, focusing on efficiency and public welfare. Examples include running government schools, hospitals, or transportation services.
5. What are ministerial functions?
Ministerial functions involve routine, procedural tasks performed by officials under strict legal authority, without any discretion. These tasks include maintaining records, issuing licenses, collecting taxes, or registering documents. The focus is on compliance with statutory rules rather than decision-making. The official performing ministerial functions acts as a public servant carrying out instructions.
6. What is delegated legislation?
Delegated legislation is law made by an administrative authority under powers granted by the legislature. It allows the executive to fill in details, implement laws efficiently, and respond to changing circumstances. Delegated legislation is essential in modern governance due to complex social, economic, and technical issues that cannot be fully addressed in the legislative process. Examples include rules, regulations, orders, and notifications issued under Acts of Parliament.
7. Why has delegated legislation grown in modern governance?
Delegated legislation has expanded due to the complexity of modern society, technical advancements, and rapid policy changes. Legislatures cannot draft detailed provisions for every situation, so executive authorities are empowered to create rules. This allows flexibility, efficiency, and expertise in law-making. It also reduces the legislative workload and ensures timely implementation of policies.
8. What are the forms of delegated legislation?
Delegated legislation can take various forms, including:
- Rules and regulations: Detailed prescriptions under an Act.
- Orders and notifications: Specific instructions or proclamations.
- By-laws: Local laws made by municipalities or corporations.
- Directions or guidelines: Binding instructions to subordinate authorities.
These forms vary in scope, authority, and effect but share the characteristic of being derived from primary legislation.
9. What is the principle of legislative control over delegated legislation?
Legislative control ensures that delegated legislation does not exceed the powers granted by the parent Act. The legislature may exercise control through enabling provisions, laying requirements before Parliament, or resolutions disallowing certain rules. This prevents misuse of delegated powers and maintains the supremacy of the legislature.
10. How does judicial control operate over delegated legislation?
Judicial control ensures delegated legislation is valid and conforms to statutory authority. Courts may strike down rules that are ultra vires (beyond powers), arbitrary, discriminatory, or violative of fundamental rights. Judicial review examines procedural compliance, the scope of authority, and reasonableness of delegated laws, thus safeguarding citizens’ rights.
11. What is ultra vires in the context of delegated legislation?
“Ultra vires” means beyond the legal power granted. Delegated legislation is ultra vires if it goes beyond the authority granted by the parent Act, conflicts with the Constitution, violates fundamental rights, or contravenes the intent of Parliament. Courts use this principle to nullify invalid rules or regulations.
12. Give examples of delegated legislation in India.
Examples include:
- Environmental rules under the Environment Protection Act, 1986.
- Labour welfare regulations under the Factories Act, 1948.
- Securities regulations under the SEBI Act, 1992.
- Local municipal by-laws governing sanitation and traffic.
These examples show the wide range of delegated powers for efficient governance.
13. What are the reasons for the growth of delegated legislation?
- Complexity of modern administration.
- Need for expert decision-making.
- Quick response to emergencies.
- Legislature’s limited time and resources.
- Efficient law implementation.
This growth reflects the demands of a modern, industrial, and technological society.
14. What are the advantages of delegated legislation?
- Flexibility in law-making.
- Expert application of technical knowledge.
- Quick implementation of policies.
- Reduction of legislative workload.
- Ability to respond to changing circumstances.
These advantages make delegated legislation indispensable in contemporary governance.
15. What are the disadvantages of delegated legislation?
- Risk of misuse of power.
- Reduced parliamentary scrutiny.
- Lack of transparency.
- Complexity for citizens to understand.
- Potential conflict with parent Act or Constitution.
Hence, both judicial and legislative controls are essential.
16. What is the role of parliamentary committees in controlling delegated legislation?
Parliamentary committees examine delegated legislation to ensure compliance with the parent Act. They may scrutinize whether rules are within powers, consistent with the law, and non-arbitrary. Committees can recommend annulment or modifications, serving as an essential check on executive overreach.
17. What are some judicially recognized limits on delegated legislation?
Courts have recognized several limits:
- Must be within parent Act’s scope.
- Must respect fundamental rights.
- Must follow prescribed procedures.
- Must not be unreasonable or arbitrary.
These limits ensure that administrative discretion is balanced by legality and fairness.
18. What is the difference between rules, regulations, and by-laws?
- Rules: General directives under a statute for implementation.
- Regulations: Detailed prescriptions, often technical, under statutory authority.
- By-laws: Local laws made by municipalities or corporations for local governance.
While rules and regulations are national, by-laws are local, all derived from primary legislation.
19. How do delegated legislation and primary legislation differ?
Primary legislation is enacted directly by the legislature (Acts of Parliament), while delegated legislation is made by administrative authorities under powers granted by primary legislation. Primary laws set broad policies; delegated laws provide details and practical implementation mechanisms.
20. How is delegated legislation controlled in India?
Delegated legislation in India is controlled through:
- Legislative scrutiny: Parliament or state legislature may annul or approve rules.
- Judicial review: Courts can strike down ultra vires or unconstitutional rules.
- Procedural requirements: Some rules must be published or laid before legislature.
This dual control ensures legality, accountability, and balance between efficiency and rights protection.
ADMINISTRATIVE LAW Unit-IV:
1. What is judicial control of administrative action?
Judicial control refers to the review of administrative actions by courts to ensure legality, fairness, and conformity with the Constitution and law. It prevents abuse of power, arbitrariness, and violation of citizens’ rights. Courts intervene when administrative authorities act ultra vires (beyond their power), violate natural justice, or fail to follow statutory procedures. Judicial control ensures accountability, protects individual rights, and maintains the rule of law.
2. Why is judicial control necessary?
Judicial control is necessary because administrative authorities exercise wide discretionary powers that can affect citizens’ rights. Without oversight, there is a risk of arbitrariness, corruption, or violation of law. Judicial control balances administrative efficiency with legality and fairness, reinforcing democratic governance and the rule of law.
3. What are the main grounds of judicial control over administrative action?
The main grounds include:
- Illegality: Action beyond the powers granted by law.
- Irrationality or unreasonableness: Action so unreasonable that no reasonable authority would take it.
- Procedural impropriety: Failure to follow statutory procedures.
- Violation of natural justice: Denial of hearing or bias.
These grounds allow courts to ensure administrative decisions are fair, lawful, and reasonable.
4. Explain the principle of illegality as a ground of judicial review.
Illegality occurs when an administrative authority acts beyond the powers conferred by the Constitution or statute. Actions contrary to statutory provisions, exceeding delegated powers, or in conflict with higher laws are considered illegal. Courts can nullify such actions. For example, if a regulatory body issues rules not authorized by the parent Act, it is ultra vires.
5. Explain the principle of irrationality (Wednesbury unreasonableness).
Irrationality refers to decisions so unreasonable that no reasonable authority would make them. Established in the Wednesbury case (1948), it allows courts to intervene when decisions are arbitrary, absurd, or lacking logic. Courts do not replace administrative judgment but ensure that discretion is exercised reasonably, safeguarding citizens from capricious decisions.
6. Explain procedural impropriety as a ground of judicial review.
Procedural impropriety occurs when an administrative authority fails to follow procedures mandated by law or violates statutory requirements. Examples include improper notice, failure to consult affected parties, or neglecting publication rules. Courts can quash such decisions to uphold transparency, fairness, and legal compliance.
7. What is the doctrine of natural justice?
Natural justice is a fundamental principle ensuring fairness in administrative and quasi-judicial actions. It requires authorities to act fairly, impartially, and according to law. Natural justice has two main rules: audi alteram partem (right to be heard) and nemo judex in causa sua (no one should be a judge in their own case). Its violation is a ground for judicial review.
8. Explain ‘audi alteram partem’.
“Audi alteram partem” means “hear the other side”. It ensures that a person affected by administrative action has the right to be informed, present their case, and respond to evidence or allegations before a decision is taken. This protects fairness and prevents arbitrary administrative action.
9. Explain ‘nemo judex in causa sua’.
“Nemo judex in causa sua” means “no one should be a judge in their own case”. It prevents bias and conflict of interest in administrative or quasi-judicial decisions. Decision-makers must be impartial, and any personal interest or prejudice invalidates the decision.
10. What is administrative discretion?
Administrative discretion is the power given to authorities to make decisions within the framework of law. It allows flexibility in applying rules, policies, and judgment to specific situations. While discretion is necessary for effective governance, it must be exercised reasonably, fairly, and in accordance with statutory objectives.
11. How is administrative discretion controlled by courts?
Courts control administrative discretion through judicial review, ensuring that discretion is exercised:
- Within statutory authority.
- Reasonably and not arbitrarily.
- Following natural justice.
- Without discrimination or mala fide intentions.
This ensures discretionary powers are not misused.
12. What is the difference between administrative discretion and administrative duty?
Administrative discretion involves choice within legal limits, while administrative duty involves mandatory compliance with law. Discretion allows authorities to weigh factors; duties require performance of tasks as prescribed. Courts review discretion to prevent abuse, but duties are strictly enforceable.
13. Explain the concept of mala fide exercise of administrative power.
Mala fide refers to bad faith in administrative action, where decisions are made for improper purposes, personal gains, or to harm citizens. Courts can invalidate such actions, as they violate legality, fairness, and natural justice principles.
14. What is the principle of proportionality in judicial control?
Proportionality ensures that administrative action is not excessive and is appropriate to achieve its intended purpose. Courts check whether the means used are suitable, necessary, and balanced with the rights of affected persons. It is increasingly applied in India for fair decision-making.
15. How does the Wednesbury principle limit judicial intervention?
The Wednesbury principle prevents courts from substituting their judgment for reasonable administrative discretion. Courts intervene only when actions are irrational, illegal, or procedurally improper, maintaining a balance between administrative autonomy and citizens’ rights.
16. Explain the role of judicial review in protecting fundamental rights.
Judicial review ensures administrative actions do not infringe Fundamental Rights under the Constitution. Courts can strike down actions violating rights like equality, liberty, or freedom of speech, thereby enforcing accountability and safeguarding democratic principles.
17. How do courts review delegated legislation under judicial control?
Delegated legislation is reviewed to ensure it:
- Complies with parent Act.
- Does not exceed powers (ultra vires).
- Follows statutory procedure.
- Respects natural justice.
Violation of these principles can lead courts to annul rules, orders, or regulations.
18. Summarize the importance of judicial control in administrative law.
Judicial control ensures that administrative authorities exercise power legally, fairly, and reasonably. It protects citizens’ rights, prevents misuse of discretion, enforces natural justice, and maintains the rule of law. It balances administrative efficiency with accountability, making it a cornerstone of democratic governance.
ADMINISTRATIVE LAW Unit-V:
1. Remedies Available Against the State
The State can be held accountable through constitutional, statutory, and common law remedies. Constitutional remedies include writs under Articles 32 and 226 of the Indian Constitution. Statutory remedies may arise under specific laws such as administrative tribunals or consumer protection statutes. Common law remedies include claims in torts or contracts against the government. These remedies ensure that the State does not act arbitrarily and protects citizen rights. Judicial review is a primary mechanism where courts examine the legality and fairness of administrative action. Other mechanisms include commissions of inquiry, public accountability institutions, and public interest litigation. Overall, remedies aim to balance State authority with citizen protection, promoting good governance and rule of law.
2. Writs – Concept
Writs are formal orders issued by the courts to protect constitutional rights. India recognizes five writs under Articles 32 and 226: Habeas Corpus (protection against illegal detention), Mandamus (compels public officials to perform duty), Prohibition (prevents inferior courts or authorities from exceeding jurisdiction), Certiorari (quashes orders of inferior authorities), and Quo Warranto (questions authority of a person holding public office). Writs are important remedies against the State, ensuring legality, fairness, and protection of fundamental rights. Courts use writs as both preventive and corrective tools in administrative governance.
3. Lokpal – Meaning and Functions
Lokpal is an anti-corruption authority established under the Lokpal and Lokayuktas Act, 2013. It investigates corruption complaints against public officials, including the Prime Minister, ministers, and central government employees. The Lokpal functions independently and has powers to conduct inquiries, prosecute corrupt officials, and recommend disciplinary action. It promotes transparency, accountability, and integrity in governance. Complaints can be filed by citizens, and the Lokpal can direct investigation agencies to take action.
4. Lok Ayukta – Meaning and Functions
Lok Ayukta is a state-level anti-corruption ombudsman. It investigates complaints against ministers, public servants, and government officials within the state. Established under respective state laws, the Lok Ayukta functions independently to curb maladministration and corruption. It can recommend actions, including prosecution and disciplinary measures. Lok Ayukta strengthens citizen participation in governance by providing a mechanism for grievances against administrative misuse.
5. Liability of the State in Torts – Concept
The State can be held liable in torts when its actions or omissions cause harm to individuals. Liability arises under the principle of “State liability for tortious acts of public servants”. Examples include negligence in road maintenance causing accidents, or harm due to police or municipal failures. Courts have recognized exceptions like the “act of State” or sovereign immunity, but modern jurisprudence trends toward holding the State accountable when public duties are breached negligently. Liability ensures accountability and protection of citizens’ rights.
6. Liability of the State in Contracts
The State can enter into contracts with individuals, companies, or institutions. If the State fails to honor contractual obligations, it can be sued for breach of contract, just like private parties. Courts apply ordinary principles of contract law, but sometimes procedural or sovereign immunity issues arise. The principle ensures fairness, reliability, and trust in State dealings. Remedies may include compensation, specific performance, or injunctions.
7. Rule of Promissory Estoppel – Concept
Promissory estoppel prevents the State from going back on a promise if citizens have relied on it to their detriment. It does not create new rights but bars the State from acting inconsistently with prior commitments. For example, if the government promises financial aid to a group, and they act in reliance, it cannot withdraw it arbitrarily. Judicial application ensures fairness and trust in administrative actions.
8. Administrative Tribunals – Meaning
Administrative tribunals are quasi-judicial bodies set up to resolve disputes relating to public service, taxation, or other specialized areas. They provide faster, expert, and cost-effective adjudication compared to ordinary courts. Examples include the Central Administrative Tribunal (CAT) and Income Tax Appellate Tribunal (ITAT). Tribunals reduce judicial burden and allow specialized oversight of administrative matters.
9. Functions of Administrative Tribunals
Tribunals hear disputes between government employees and the State, disputes involving taxes, or regulatory compliance issues. They have powers similar to civil courts to summon witnesses, examine evidence, and pass orders. They ensure speedy justice, technical expertise, and reduce backlog in regular courts, improving administrative efficiency and fairness.
10. Commissions of Inquiry – Meaning
Commissions of Inquiry are statutory bodies appointed by the government to investigate matters of public importance, such as corruption, communal riots, or administrative failures. They gather evidence, conduct hearings, and submit reports with recommendations. Commissions do not have direct enforcement power, but their reports influence policy reforms, disciplinary action, or prosecution.
11. Functions of Commissions of Inquiry
They collect facts, examine witnesses, analyze public complaints, and assess administrative functioning. The reports highlight shortcomings and suggest corrective measures to prevent recurrence. These commissions play a crucial role in transparency, accountability, and reform in public administration. Examples include the Justice Verma Commission and Shah Commission.
12. Public Corporations – Meaning
Public corporations are government-owned entities created to undertake commercial or social activities. They operate with financial and administrative autonomy but are accountable to the State. Examples include Indian Railways, LIC, and SBI. Public corporations aim to provide essential goods or services while minimizing profit pressures.
13. Functions of Public Corporations
They deliver public services, promote economic development, and implement social welfare programs. Public corporations also generate revenue, maintain employment, and ensure equitable distribution of services. Their governance balances commercial efficiency with public accountability.
14. Writ of Habeas Corpus
This writ protects individual liberty against illegal detention. It compels authorities to produce the detained person in court and justify the detention. Habeas corpus ensures the right to personal freedom and is a safeguard against arbitrary State action.
15. Writ of Mandamus
Mandamus directs a public authority or official to perform a mandatory duty. It ensures that statutory duties are not neglected and holds officials accountable. For instance, directing a government officer to issue a license that is legally due.
16. Writ of Prohibition
Prohibition prevents lower courts or authorities from exceeding their jurisdiction. It is preventive in nature and ensures that powers are exercised legally. Courts issue it to protect parties from illegal adjudication or administrative overreach.
17. Writ of Certiorari
Certiorari allows higher courts to quash orders of lower authorities exceeding jurisdiction or violating legal principles. It protects citizens from arbitrary administrative or judicial decisions.
18. Writ of Quo Warranto
Quo Warranto challenges the legal right of a person to hold public office. It ensures that appointments and authority are legitimate and consistent with law.
19. Judicial Control Over Public Corporations
Courts can review public corporations for legality, fairness, and adherence to statutes. While enjoying operational autonomy, corporations must not act arbitrarily. Judicial review ensures accountability and protection of public interest.
20. Importance of Remedies Against the State
Remedies against the State safeguard citizens from abuse of power, negligence, or arbitrariness. Writs, tribunals, commissions, and doctrines like promissory estoppel uphold rule of law, accountability, and fairness. They ensure a balance between State authority and citizens’ rights, promoting trust and good governance.