1

ADMINISTRATIVE LAW

DESCRIPTIVE
DESCRIPTIVE QUESTION
QUESTION
BANK BANK
WITH WITH
ANSWERS
ANSWERS

MESTER IIIOFLLB (3 YEARS

SEMESTER
COURSE)IIIOFLLB (3 YEARS COURSE)
 2

Q No. Questions Page

No.
1 What is the meaning of Welfare State 7
2 What is the definition of Administrative Law given by
Dicey, Ivor Jennings and Wade
7
8
3 Define Conditional Legislation 88
4 Whatlatin
Give is Henry
maximVIII clause
for this statement "No man can be 98 9
5 Prerogative writs can be issued by which court 8
76 What is writ of Certiorari 99
8 What is Locus
judge in his own Standi
cause 9
9 What is Social Service Corporation 10
10 Write Short note on the Central Vigilance Commission 10
Write
and itsShort note on the Central Vigilance Commission
functions
11 Write Short note onWrite DroitShort note on Droit Administratiff
Administratiff 11
12 Write Short note on Droit
Short note on Right Administratiff
Right to
toInformation
InformationAct, Act,2005
2005 12
13 Write Short note on Main features of
features ofthe
thetheCorporations
Corporations
Corporations 12
14 Write Short note on Lok Pal 13
15 Write Short note on Tortious Liability of the GovernmentGovernment 13
16 Write Short note on A.K. Kraipak V Union of India India 14
17 Discuss theents.
ents. What
What are
principle the
the exceptions
of natural
are to
justice to
exceptions and this principle
explain
explain
this its
its
principle 14
Examine
components. the scope
ents. What and reasons
are the for thetogrowth
exceptions of
this principle
18 Administrative
Examine the scope Lawandin India
reasons for the growth of 15
Explain in detailLaw
Administrative the in
Law characteristics
in India
India of Administrative
19 Tribunals
Explain in in India.
detail
detail the characteristics
the characteristics of of Administrative
Administrative 15
Define delegated
Tribunals India.legislation and en
in India.
in
20 Define delegated and enumerate
legislationcontrol various
enover delegated 16
methods of parliamentary
methods
legislationofinparliamentary
India. control over delegated
legislation in India.
21 Discuss in detail the theory
theory ofof Legitimate
Legitimate Expectation 17
22 Explain in detail the theory of separation of powers in the 17
light of Indian Legal System
23 Define Administrative law and explain the sources of 18
Administrative law
24 Write the requisites of a Government contract 18
25 What is droit administrative 11
26 What do you understand by injunction 19
27 What is speaking order 19
 3

28 What is sub-delegation 20
29 What are the different types of public corporations 20
30 Write the concept of legitimate expectation. 17
31 What is pre-decision and post-decisional hearing 21
32 Who is an Ombudsman 22
33 Write Short note on Judicial review 22
34 Write Short note on Doctrine of separation of power 17
35 Write Short note on Tribunal 15
36 Write Short note on Parliamentary control over 26
delegated legislations
Write Short note on A . K. Kraipak vs. Union of India 14
26
37 What
WriteisShort
Rule of Law?
note on ADiscuss the concept
. K. Kraipak with the
vs. Union help of
of India 27
14
landmark judgments in the Indian scenario
38 Write Short note on Ridge v/s Baldwin 27
40 Explain
Explain the
the principal
principal of of natural
natural justice
justice with
with the
the help
help
39 What is Rule of Law?
supreme court judgments. Discuss the concept with the help of 28
landmark judgments in the Indian scenario
41 What is delegated legislationdelegated legislation
impermissible 29
What & impermissible
is tortuous delegated legislation
liability of government? Give important 13
42 Permissible & impermissible delegated legislation 29
43 What is tortuous liability of government? Give important
44 cases What are writs 30
45 Explain the importance of writs with the help of case laws 30
46 Discuss the concept of administrative
administrative discretion
discretion 31
47 implementation
Explain the power of of
theauthorities
policies oftoGovernment
use discretion in
What is the primary
implementation object
of the of Administrative
policies of Government Law
What is the primary object of Administrative Law 31
Write Short note on COPU
48 What isAdministrative
the between
primary object 33
Distinguish
Indian Law ofAdministrative
English Administrative Law
Law and 32
Indian Administrative Law
49 Write Short note on COPU 32
51 Difference
ifference between Administrative Law and 33
50 Distinguish
Constitutional
Constitutionalbetween
Law English Administrative Law and
Law
52 IndianDicey's
State Administrative Law of the
three postulates the Rule
RuleofofLaw
Law 33
34
53
53 Critically discuss Dicey's doctrine of rule of law &
elaborate its application in the Indian Constitution
54 What are the three main organs of government? What 34
are their functions?
55 Explain classification of administrative action with 35
illustrations
56 Write short note on Judicial and quasi judicial function 35
 4

57 Write Distinction between quasi judicial and 36

administrative function
58 Explain delegated legislation with reference to leading 36
cases
59 What is subordinate Legislation 37
60 Define delegated legislation and explain the factors 37
leading to growth of delegated legislation in India
61 Discuss the different forms of delegated legislation. State 38
its importance in a welfare state
38
3938

62 Explain the doctrine

slation
slation isof excessive
a necessary
is a necessary delegation
evil,
evil, Discuss
Discuss 38
63 State
What the functions of
is contingent Scrutiny Committee
Legislation 39
64 Define
What isdelegated legislation
sub-delegation and discuss the grounds for
Legislation 41
39
65 judicial
Delegated control over delegated
Legislation legislation
is a necessary evil, Discuss 39
66 68 What
State the functions of Scrutiny Committee is doctrine of ultra vires 41
40
69
67 What
Defineisdelegated
substantiveive ultra vires
ultra
legislation vires
and discuss the grounds for 42
70 Write Short Note on Delegatus
Delegatus non potest
non
judicial control over delegated legislation potest delegare
delegare 43
71 What is procedural ultra vires 43
72 Short
hort
hortnote
noteonon
on Administrative
Administrative
Administrative tribunals
tribunals
tribunalsinininIndia
India
India 15
73 Reasons
easons
easons of of
growth
growth ofof
of Administrative
Administrative
Administrative Tribunals
Tribunals
Tribunals inininIndia
India
India 44
74 Judicata
Doctrine of Res Judic 44
75 How are tribunals different from court court 45
76 causa with
Explain thelandmark
maxim: Nemo judgments
debet esse judex in propria 45
What with
causa is bias?
with Discuss judgments
landmark
landmark the rule of bias with relevant case
judgments
77 What is bias? Discuss the rule of bias with relevant case
laws 46
What is pecuniary bias
79 78 What
What is pecuniary bias
is offi 47
80
79 Write
What ais short note
official biason Dr. Bonham's Case 47
81
80 What
Write is the importance
a short note on Dr.ofBonham's
Audi alteram
Casepartem? Explain 48
47
81 What is the importance of Audi alteram partem? Explain
82 82 the maxim with reference What is meant
to leading by laws
case legal practitioner 48
83 State two functions of Civil Servants 49
84 State the grounds for exclusion of natural justice 49
85 State fully the scope of judicial review of administrative 50
action with relevant case laws
 5

86 Discuss the ordinary remedies, apart from constitutional 51

remedies, to control administrative action in India
87 What is administrative discretion? Explain judicial control 52
of discretionary powers?
88 Explain judicial review and explain the constitutional 52
provisions excluding judicial review
89 What is abuse of discretion 53
53
90 What is irrelevant consideration 53
91 Discuss the doctrine of proportionality with illustrative 54
case laws
54
54
55
92 Write a short note on estoppel and waiver 54
9394 Whatthe
Discuss is ajudicial
writ remedies available under 5056
95 administrative
Explain judicial law
review of administrative action by
ve action by writ
writ
96 Write a short note on Principles of Writ Jurisdiction
jurisdiction 57
97 Write
Write aa short
short note
note on
on Principles
Limitationof
Limitation Writ
for
for Jurisdiction
Writ
Writ Jurisdiction
Jurisdiction 57
98 What is Laches 58
99 What is the Difference between Limitation
Limitationand
andLaches
Laches 59
100 Write a short
short Note
Note on
onPILandandJudicial
Judicial Activism 59
101 Discuss role of Supreme Court as a protector of rights 60
Discuss
throughrole
PILof Supreme Court as a protector of rights
102 Define PIL
Define PIL and explain concept with High Court and 60
Supreme
Define PILCourt
and explain
cases concept with High Court and
103 Write a short note on SLP Write a short note on SLP 61
104 help of apex
Explain court judgments
the tortious liability ofand
theimportant
government
gove cases
with the 61
help of case
Which apexiscourt judgments
followed in Indiaand as important
a precedentcases
for
105 Which case is followed in India as a precedent for 62
sovereign functions
functions
106106 What is non What is non-sovereign functions 63
107 Write a short Note on Liability of government in contractcontract 63
108 What is doctrine of unjust enrichment 64
109 Write a short Note on Salus populi est suprema lex 64
110 Write a short Note on Rights to know 65
111 What is the object of RTI Act 65
112 Define 'Information' as per RTI Act 65
113 State any two reasons for the establishment of Public 66
Corporation
 6

114 Define Public Corporation and discuss in detail the 66

control of Public Corporation
115 Write a short note on RBI 67
116 Discuss the Rights, Duties and Liabilities of Public
Corporation 68

117 Write a short note on Civil Services in India 70

7069
118 Discuss the functions, powers and duties of Union Public
119 Discuss the nature and classification of Civil Services in
Service Commission 71
71
India
120 Examine the characteristics of Civil Services in India 72
72
121 Write a short note on Doctrine of Pleasure 72
122 Explain the constitutional safeguards to the Doctrine of
Explain
Pleasurethe constitutional safeguards to the Doctrine of
Explain the constitutional safeguards to the Civil Servants 73
Write
Explaina short note on Functions
the constitutional of Civil
safeguards to Service
the Civil Servants
123 Explain
Explain the
the constitutional safeguards to theprotect
Civil Servants
citizens 73
against the importance
Explain abuse importance
of
of
of Ombudsman
Ombudsman
discretionary power
tto protect citizens 74
124 Write a abuse
against short note on Functionspower
of discretionary of Civil Service 73
126 Write Ombudsman 75
Explainaa the
Write short
short note
note onon Institution
Institution of
of Ombudsman
Ombudsman
125 importance of Ombudsman to protect citizens
Explain in detail the needs and importance of
127 against
Explain abuse of the
in detail discretionary
needs and power
importance of 75
Ombudsman
Write Short note on the CBI
128 Write
Write Short
Short note
note on on
thethe CBI Vigilance Com
Central 76
129 Write Short note on the Central Vigilance Commission 77
 7

1) What is the meaning of Welfare State

A welfare state is a concept of government where the state plays a key role in the protection and
promotion of the economic and social well-being of its citizens. It is based on the principles of
equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to
avail themselves of the minimal provisions for a good life. The general term may cover a variety of
forms of economic and social organization. The welfare state provides education, housi <gz
sustenance, healthcare, pensions, unemployment insurance, sick leave or time
sustenance, healthcare, pensions, unemployment insurance, sick leave or time off due to off due to ,
. n j u,n
supplemental
supplemental income
income inin some
some cases,
cases, and
and equal
equal wages
wages through
through price
price and
and wage
wage contro
contro .s. it als.
provides for public transportation,ation,
childcare, socialsocial
childcare, amenities suchsuch
amenities as public parksparks
as public an an l i b n - ' e s , ' s
a
1
well as many other goods and services. In effect, a perfect
In effect, welfare
a perfect statestate
welfare takestakes
car car of t e r u _,ns

from cradle to grave.

In this context, the Indian Constitution imbibes the conceptptofofthe

theww elfa r st +ci i n its
its Fundamental
Fundamental
Rights and Directive Principles of State Policy.

2) What is the definition of Administrative Law given by Dicey, Ivor Jennings and Wade

system which determines

the
the legal
legal status
status and
and liabilities
liabilities of
of all
all state
state officials,
officials, which
which de i>- ss the rights and
the rights and liabilities
liabilities of of private
private
individuals in their dealings with public officials, and which specifies the procedure
individuals in their dealings with public officials, and which specifies the procedure by which those by which those
rights and liabilities are enforced.
es are enforced. TheThe definition
definition is
is narrow
narrow and and restrictive
restrictive inin so
so far
far as
as itit leaves
leaves out
out of
of
consideration
consideration many
many aspects
aspectsofofadministrative
administrative law,law, e.g.,
e.g., itit excludes
excludes many
many administrative
administrative authorities,
authorities,
which strictly speaking, are not officials of the states
which strictly speaking, are not officials of the states such as pu such as public corporations; it also excludes
procedures of administrative ties or their
their various
variouspowers
powersand andfunctions,
functions,or or their
their control
control by by
author
Parliament or in other wa ways
,ys. one
i.e. control of public officia
ublic officia
1 ed ed
hishis
definition
definition with thethe
with droit administratif
droit administratif in view.
in view.
. Diet form Ip’
Ivor
Ivor Jennings Administrative law
Jennings defined Administrative law as
as the
thelaw
lawrelating
relatingtotoadministration.
administration.It Itdetermines
determinesthethe
organization
organization. pov ers and duties
ers and duties ofofadministrative
administrativeauthorities.
authorities.This
This defdefinition is too simple and has
two significant limitations: First, it is a very wide definition and
two significant limitations: First, it is a very wide definition and can be can be interpreted
interpreted toto mean
mean that
that the
the
law
law ,vhich dete> mines
mines the
the powers
powers and and functions
functions ofof administrative
administrative agencies
agenciesdeals
dealswithwithboth
boths
s .osta'-’ ive
ive and
and procedural
procedural aspects
aspec of the same. Second, it ignores the distinction between
aw
aw and Administrative Law.
and Administrative Law.
'"ons i t u \ o . ' I I

According
According toto Wade,
Wade, administrative
administrative lawlaw isis the
the law
law relating
relating to
to the
the control
control of
of governmental
governmental power.
power.
Thoughshort
Though shortand
andsimple,
simple,this
thisdefinition
definitioncannot
cannotbebeconsid
considered to be proper definition of
ministrative
ad law. It does
ministrative law.not also not
It does refer to the
also referpowers
to the and duties
powers andofduties
administrative authorities.
of administrative Nor does
authorities. Nor
it cover
does it cover thethe procedure
procedure to to
be be followed
followed by by such
such authorities.
authorities. Further,
Further, it restricts
it restricts itself
itself to to
understanding administrative law merely as relating to governmental power.
 8

3) Define Conditional Legislation

When the law is complete and certain conditions are laid down as to how and when the law would be
applied by the delegate, it is conditional legislation. It includes no law-making powers but only the
power of determining when it should come into force or when it should be applied. Conditional
legislation is when legislature itself enacts the law and gives to some other body the power to
determine when it should come into force or when it should be applied to a particular area or
territory of the state.

Conditional delegation takes place where the legislature empowers the executive to:

1 ) Extend the operation of an existing law to a particular area or territory;

2) Determine the time of application of an Act to a given area;

3)
3) Extend
Extend the
the duration
duration of
of aa temporary
temporaryAct,
Act, subject
subject to
to maximum
maximum period
period ffixed
f . ° d by
b the
e legislature;
t he legislature;
legislature;
4) Determine the extent and limit within which it should be operati ve.

4) What is Henry VIII clause

Henry VIII clause is a clause inserted in the statu ower on the executive to amend or
VIII clause is a clause inserted in the
vary the Parent Act, it. It is called Henry VIII cl statu ce cc <re ’ng ower
as on the reign
during
h
executive
of Kingto Henry
amendVIII
or
vary
of the Parent
England thatAct, it. It is
several lawscalled Henry
were passeVIII cl juse hec? ,se ias
■ during to
e executive the amend
reign ofthe
KingParent
Henry VIII
Act.
of England
Existence that several
of such a clauselaws were passe
in a statute im ■' ipv verin legation
& ■he executive to amend
of essential the power
legislative ParenttoAct.
the
Existence
executive.of such a clause in a statute im jlies a lakeu i r legation of essential legislative power to the

In
In India
India such
such aa clause
clause was
was incinc ,rporat in Article 372
a Article
in 372 of
ofthe
theConstitution
Constitutionauthorizing
authorizingthethePresident
Presidentt to
In India
make such a clause was incorporated in Article 372 of the Constitution authorizing the President t
make such
such adaptations
adaptations an an j moG.""atL ns,hether
.
hether by way
by way ofofrepeal
repealororamendment
amendmentofofthethelaws
lawsas as
to to
bring
bring them
them inin accord
accord wit
wit
s
tf d p. vision, o f ete’ Constitution. This power
Constitution. This power lapsed
lapsedon on2626January,
January,1953.
1953.
However,
However, itit waswas revived
revived tt 'roug Art;. le 372 (A),
le 372 (A), brought
brought in by the seventh amendment, to
implement the plan fo.
implement the plan for reorgan reorgan izatio’ of states.
reorganization of states. The
states. The clause
Theclause wasalso
clausewas
was alsoenacted
also enactedforfor
enacted for similar
similar
similar exceptional
exceptional
exceptional
reasons
reasons res
res >ectiv iy, ’ . teen states
states Reorganization
Reorganization Act,Act, 1956,
1956, the
the Bombay
Bombay Reorganization
Reorganization Act, Act, 1960
1960
and
and the
the r'un h I jrgazation
J ’ Act, 1966 and certain other laws passed for adjustment of the
boun
boun varies jf ce. ain < ates.
ates.

5) Prerogative writs can be issued by which court

A prerogative writ is
is also
alsoknown
knownasasananextraordinary
extraordinarywrit
writbecause
because it only
it is is only issued
issued when
when alternative
alternative
remedies
remed have been exhausted though this restriction does not extend to the enforcement of
Fundamental Rights.

The jurisdiction to issue 'prerogative writs' is given to the Supreme Court, i.e., the Apex Court of
India, under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles
139 for enforcement of rights other than Fundamental Rights; and to the High Courts under Article
226.
 9

There are five types of Writs- Habeas Corpus, Certiorari, Prohibition Mandamus and Quo Warranto.
Under Article 139, Parliament may by law confer on the Supreme Court power to issue directions,
orders or writs, for any purposes other than those mentioned in clause (2) of article 32.

6) Give latin maxim for this statement "No man can be judge in his own cause

The Latin phrase is Nemo judex in causa sua. Regularly invoked by the Supreme Court in
The Latinthe
contexts, phrase
maximis Nemo judexininsua
nemo iudex causa sua.
causa Regularly
- no invoked
man should by the
be judge in Supreme Court in
his own case livers :
thought to capture a bedrock principle of natural justice and constitutionalism. - is v. del>

Nemo Judex In Causa Sua is popularly known as the rule against bias. It is the m nt
Nemo
of the Judex
naturalInjustice
Causa that
Sua is
thepopularly
authorityknown
givingasdecision
the rule must
against
bebias. It is theofm jnirric. r e q i rerrsons
composed f nt

of the fairly,
natural justiceprejudice
that the and bias. giving decision must be composed of <mpart> p rsons
authority 1 r
acting without

In Jeejeebhoy vs. Astt. Collector,Thana (AIR 1965 SC 1096) the Chief India reconstituted the
In Jeejeebhoy
bench vs.was
,when it Astt.found
Collector,Thana
that one (AIR
of the1965 SC 1096)
members th Chief .ustice <sIndia
of the c
h< reconstituted
member of thethe
bench ,when it was . ber <.n -a:
cooperative society forfound
which that one has
the land of been
the members
acquired. of th member of the

7) What is writ of Certiorari

'Certiorari' means to 'certify'. Certiorari is a curative writ. When the Court is of the opinion that a
lower court
lower or aortribunal
court hashas
a tribunal passed an or
passed an or□ei vhk ' is be yond yondits its
powers ororcommitted
powers committedan anerror
error of
of
law then, through the writ of certiorari,
of certiorari, ;
t m? t ranstr r the case to itself or quash the order passed
r the case to itself or quash the order passedby
the lower court or tribunal. A writ of cer
by the lower court or tribunal. A writ of cer f
iorari ’
s issued by the
s issued by theSupreme Court
Supreme Courtor or
High
HighCourt
Courttoto
the
the subordinate
subordinate courts
courts oror tribu
tribunal
aalin
in the followingcircumstances:
'■i. following circumstances:

1) When a subordinate c c
bordinate jurisdiction or by
jurisdiction orassuming jurisdiction
by assuming where
jurisdiction it does
where not not
it does
exist jurt acts . iut

2)
2) When
When thethe su
su jordin..te
te court
court actsacts excess
'•
in excess of its
of its jurisdiction
jurisdiction by
by way
way of
of overstepping
overstepping or
or crossing
crossing
2)
theWhen the subordinate court excess of its jurisdiction by way of overstepping or crossing
the limits
limits of
of ( urisd ctio j

3)
3) Wh
Wh ourt acts in flagrant disregard of law or rules of procedure
, n a s .uu. 4in ._ourt
a- acts i
4 inate court acts in violation of principles of natural justice where there is no p
4, W L > . i s J ” . ' inate court acts in violation of principles of natural justice where there is no
p r oc>d r e s . / ified.
ified.

8) What is Locus Standi

Locus Standi means the legal capacity to sue or approach courts. It is the standing of a person in
whom the right to legal action vests. Thus, according to the principle of locus standi, any aggrieved
person can approach the courts for a remedy.
 10

Section 31(3) of the Supreme Court Act 1981 provides that "No applicatio n for judicial review shall
be made... unless... the applicant has a sufficient interest in the matter to which the application relates."
This provision therefore limits the number of challenges to administrative decisions, which
would otherwise cause unnecessary interference to the administrative process.

Locus standi is relaxed and made flexible in a Public Interest Litigation to expand the scope of
litigation by considering the rights and issues of the marginalized and underprivileged.

9) What is Social Service Corporation

Social Service Corporation is the set-up geared to address social welfare ne rally
up of
denote the full range of organized activities geared to address
voluntary social welfare
and governmental agene.ds w. ch £ meek rally to
denote the full range of organized activities
prevent, alleviate, or contribute to the solution of voluntary and governmental age ek to
tionofofrecognized
recognizedsocial
socialprpr improve
'icies ti. t s*-
improve thethe
well-being of individuals, groups, or communities. tion of recognized social pr
zolem. \ improve the

Social welfare is conceived in a broad sense includes 1) education, alth, 3) housing, 4)

Social welfare is conceived in a broad sense includes 1) education,
income maintenance, and 5) personal welfare. It has four leve s e alth, 3) housing, 4)
2) r dOi : l &under:
has four leve
i s o f f u n +' j n s s under:
1) Remedial involves removal of disabling conditions

2) Preventive involves early prevention to elimin us problems

involves early prevention to eliminate c' us •’s o. problems
3) Developmental involves improvement o
involves improvement o . situ ions
4) Supportive involves achievement of gh education, training etc.
ent ofjbject esth. ?’ gh education, training etc.

10) Write Short note on the Central Vigilance Commission and its functions
10) Write Short note on the Central Vigilance Commission and its functions
The Central Vigilance Co n lissiL ' (CVt v as set up by the Government in February,1964 on the
The Central Vigilancethe
recommendations CoCo as set up of
Prevention byCorruption,
the Government
headedinby
February,1964 on the to
Shri K. Santhanam,
0. •'mir ae on
recommendations
advise and guid of the Co
l Gover P
t agencies in the field of vigilance.
e Ce a imer
advise and guide
guid Centrall Gover
Governmentt agencies in in the
the field
field of
of vigilance.
vigilance.
CVC are .one :vec j be the apex vigilance institution, free of control from any executive authority,
CVC are
monit the apex vigilance institution, free of control from any executive authority,
□ring all vi :lancr activity under the Central Government and advising various authorities in
monit
L

Ce iitral ov m m r t organizations in planning, executing, reviewing and reforming their vigilant

Ce . t organizations in planning, executing, reviewing and reforming their vigilant
wort .

t upon promulgation of an Ordinance by the President, the Central Vigilance Commission

l Th. ■'queent upon
madepromulgation of an Ordinance
a multi member Commissionby the President,
with the status"
"statutory Central with
Vigi effect from 25th
ha bf en made a multi member Commission with "statutory status" with effect from 25th
ust,1998.
ust,1998. Later,
Later, The
The Central
Central Vigilance
Vigilance Commission
Commission Act
Act 2003
2003 came
came into
into effect.
effect.
Aur
The Commission shall consist of:

(1) A Central Vigilance Commissioner - Chairperson

(2) Not more than two Vigilance Commissioners Members.

 11

The functions of the Vigilance Commission (Central Vigilance Commission) are:

(1) Exercise superintendence over the functioning of the CBI in relation to investigation of offences
under the Prevention of Corruption Act, 1988 or Cr.PC for certain categories of public servants
(Section 8(1)(a)

(2) Give directions to the CBI for superintendence relating to the investigation of offences un
(2) Give directions
Prevention to the CBI
of Corruption for superintendence
Act, 1988 relating to the investigation of offences un ler t h .
section 8(1)(b)

(3) To inquire or cause an inquiry or investigation to be made on a reference

(3) To inquiresection
Government or cause an inquiry or investigation to be made on a reference
8(1)(c) by t ' e C - . *rai

(4) To inquire or cause an inquiry or investigation to be made into any c against

(4) To
any inquire
official or causetoan
belonging inquiry
certain or investigation
category of officialsto(as
beinmade into8any
Section (2))c (1)(d) against
.mp (1)(d)
-eceiv d

(5) Review progress of investigations conducted by CBI in relation - Sect >nu r the Prevention

of Corruption Act, 1988 or under the Cr.PC Section (8)(1)(e) to o cr n ce. ’inch

(6) Review progress of applications pending with compe r sanction of prosecution

pplications
under the Prevention of Corruption Act, pending with compe
1988 sectio .ent a th*-.it; ?s f r sanction of prosecution
sectio
.18(9 'I
(7) Advise the Central Government and its orga ers referred to it by them Section
(7) Advise
8(1) (g) the Central Government and its orga iizatk as <" J "natr ers referred to it by them -

(8) Exercise superintendence over the vi trations of the various Central Government
ise superintendence over the
Ministries, Departments and Organizations vi gilanc adm. k
traltrations of the various
Government SectionCentral
8(1)(h)Government
Ministries, Departments and Organizations ' the Ce'
tral Government -
(9) Conduct inquiry and in so ave all the powers of a Civil Court Section 11
(9) Conduct inquiry and in so doingjoingwill ave
. all the powers of a Civil
\a IIhave -
(10) Respond to Centr mandatory consultation with the Commission before
(10) Respond
making to Centr
any rules d G<~■'r nmc.
or regul on .mandatory consultation with the Commission before
ng the vigilance or disciplinary matters relating to the
making appointe
persons any rules or the
regul itions gove’ r ng the vigilance or disciplinary matters relating to the
publi Section 19
persons appointed to the publi ' jrvicr -
d to

11) Write Short note on Droit Administratiff

11) Write Short note on Droit Administratiff
,-renr < A ini r ative Law is known as Droit Administratif which means a body of rules which
>.' t e i m ie .r ative Law
e powers andis duties
knownofas public
Droit Administratif
administration which means athe
and regulate body of rules
relation of which
the
e powers
i i n . •’isiir’ tion with theand dutiesofofthepublic
citizens administration
country. and regulate
Drot Administratif was a the relation
creation of the
of Napoleon.
Conseil d'Etat tionis with the citizens
the highest of
administrative court in France. Unlike most common law jurisdictions,
wh-ch follow the principles of common law and have developed procedures for judicial review, most
civilch follow
law the principles
jurisdictions have of common courts
specialized law andtohave
dealdeveloped procedurescases.
with administrative for judicial review,that
The matters mosare
civil law jurisdictions
associated with the have
Statespecialized courts to dealoriented
and administration with administrative cases.toThe
litigation are be matters
decidedthatby
are the
administrative courts and not by the ordinary courts of the land. Droit Administratif acts as a
safeguard for the government officials from the authority of the ordinary courts.
 12

12) Write Short note on Right to Information Act, 2005

The Right to Information Act, 2005 (RTI) is a Central Legislation "to provide for
particular regime of right to information for citizens". It came into force on October
setting12,out2005,
the
replacing the Freedom of Information Act, 2002.
The Right to Information Act is in accord with Article 19 of the Constitution of India, which enables
as often Indians
interpreted b to
exercise their fundamental Right of Speech, Expression and -
as often interpreted b / the
Supreme Court more needs to be done to facilitate its
India is passing through a decisive phase, much more needs to be done to facilitate its - "the

development.

The basic object of the Right to Information Act is to empower the citizens, pr nmote . ans, arency
The accountability
and basic object ofinthe
theRight to Information
working Act is to empower
of the Government, the citizens,
contain corruption, a dpr arency
.i mak ? our c ocracy
m
and
work accountability
work for
for the
the people in
people in the working
in real
real sense. of
sense. Thethe
The actGovernment,
act provides contain
provides aa significantcorruption,
significant mecha
mecha and mak a citi -c>'totoocrac
obtain
lism o.a citizen obtain
work for the
information
information andpeople in
and thereby real
thereby makessense.
makes himThe act
him better provides
better equipped a
equipped to significant
to keep
keep neces
necesmechanism for a citi to
nstrumentsobtain
nstruments ofof
,ary Til th<_
governance and make the government more accountable. The a a is p 1J ’ st< ■»in good goodgovernance
governance
through
through the
the four
four elements
elements of
of transparency,
transparency, accountability,
accountability, pre
pre jictabi tv m d ??■ icipation.
icipation.

13) Write Short note on Main features of the Corporations

13) Write Short note on Main features of the Corporations
A Public Corporation is made by a special .egisl :ive .na v ent, shaping its objectives, powers,
A Public Corporation
privileges is made
and also the style by a special
of managemen ship ent,
with sha
the government.
' _ d k r elatio>
privileges and also the style of managemen ship with the government.
It is a separate entity for legal purposes a nd _an sue and be sued, enter into contracts and acquire
It is a separate entity for legal purposes a
property in its corporate name. It .s usually indr pendently and be sued, enterexcept
financed into contracts and acquire to
for appropriations
ually pendently financed except for appropriations to
provide
provide capital
capital or
or to
to cover
cover .osses. t . btains
btains its
its funds
funds from borrowing which
from borrowing which may
may bebe from
from the
the
provide capital or to cover losses. It obtains its funds from borrowing which may be from the
treasury
treasury or from the publ .c and . m eve. ues derived from the sale of its goods and services. It is is
or from the publ ues derived from the sale of its goods and services. It
authorized
horized to
to use
use and
and reu
reu se .is i 'enue. ..
The
The essential
essential fea
features of aa pub
of
.ures pub ration
ration are:
"_K.orpr are:
(1)
(1) Public
Public C
Cv ’oor; ior is i ade
de by
by law
law

(2) P .olic C rpoi\ '■’on: s a body corporate and therefore a legal person

v3) P' olic ■>rpur'tion is held by the State but enjoys autonomy and is free from government control

(4)
(4) II■■hass aa service
service motive
motive though
though itit is
is managed
managed independently
independently by
by its
its own
own Board
Board

(5) It is accountable to the public

Examples of Public Corporations include RBI, LIC, ONGC and Food Corporation of India.
 13

14) Write Short note on Lok Pal

The word "Lokpal" is derived from the sanskrit word "loka" meaning people and "pala" meaning
protector or caretaker. The Lokpal and Lokayuktas Act, 2013 provided for Lokpal at the centre having
jurisdiction of trying cases of corruption against all Members of Parliament, including the Prime
Minister but with reasonable safeguards, and central government employees. The Act also provides
for confiscation and attachment of any property of any government official which he or she h .as
come to own through corrupt practices.

The Lokpal has powers of superintendence over, and to give direction to CBI and its Inqu
The Lokpal
been has powers
vested with of superintendence
the powers of a civil court. over,
It hasand
the to give direction
power to CBItransfe
to recommend and its Inqu .ry wing 'as
been
of vested
public with the
servant powers with
connected of a civil court. Itofhas
allegation the powerIttoalso
corruption. recommend
has powertransfe
to . or s .spr o
sioi.
onnected with allegation of corruption.
prevent destruction of records during preliminary inquiry. It also has power to
giv direr ton • o

Shortcomings in the set-up

(1) It is not free from political influence as the appointin elf consists of
(1) It is not free
parliamentarians from political influence as the appointin & comm, ?e u ' elf consists of

(2) The provision for inquiry against the complainant if ac nocent is an impediment
(2)itsThe
to provision
effective for inquiry against the complainant if ac cuse*- is t- j n o n’ nocent is an impediment
functioning

(3) Its jurisdiction excludes the Judiciary

15) Write Short note on Tortious Liability of the Government

The concept
concept of
of Tortious
concept Tortious liabili
of Tortious
liabili .y 01 the
liability of stat
the the refersefers
statestat
' refers to
to aatosituation when
a situation
situation whenwhenthethe
the state
state
state can
can bebeheld
canbe held
held
vicariously
vicariously liable
liable for
for the
the wr
wr jngs cor m> ted ted byby its
its servants. There are
servants. There are aa number
number of of constitutional
constitutional
provisions relating to the
provisions relating to the 1 tortious ■>.’'■»'■y oi the state. Under
the state. Under article 294 (b), the liability of the union
government irise . 'it of i nv
government or or aa state
state ma
ma contract
contract oror otherwise.
otherwise. Under
Under Article
Article 300
300 (1)
(1) the
the Union
Union ofof
India or State Government's liability is the same as that of Dominion of India prior to the

Constitution c >minn : -, t
g into force.
u
force.
Constitution c force.
If the act o pe. 'nrn d bv ? government servant were necessary to protect life or property, the State
If the xact
woul
not >e h t ■<liar government
le. Acts such asservant
judicialwere necessary to protect
or quasi-judicial life made
decisions or property,
in goodthefaith
Statealso
woul
in yite r ' Hat "'tv ' k
atsoever.le. Acts such as judicial or quasi
in atsoever.
>. the c ,se ' t'
te of Rajasthan v. Vidyawati (1962 AIR 933), a jeep owned and maintained by the state n
c c h : asir> te official
of Rajasthan
for use ofv.collector
Vidyawatiof(1962 AIR fatally
a district 933), aknocked
jeep owneddownanda maintained by the state
pedestrian because of
the driver's negligence. The court held the state vicariously I
n for official use of collector of a district fatally knocked down a pedestrian because of
iable.

In N. Nagendra Rao v. State of Andhra Pradesh, [(1994) 6 SCC 205], Supreme Court held that the
In N. Nagendra
concept Rao v.immunity
of sovereign State of Andhra
cannot Pradesh, [(1994)
be a defence 6 SCC
where the 205],
State Supreme Court
is involved in held that the
commercial
activities.
 14

16) Write Short note on A.K. Kraipak V Union of India

The A. K. Kraipak v. Union of India (AIR 1970 SC 150) was a case which concerned the selection of
Indian Forest Service officers. The Selection Board was chaired by a person who was himself a
candidate in the selection process and had earlier been appointed Chief Conservator of Forests for
J&K superseding three Officers. Those three officers were also candidates.

The primary issues before the Court were:

a. Whether Natural Justice could be applied to administrative function as well?

b. Whether a member of the selection committee could himself be a candidate for se

er of the selection committee could himself be a candidate for se «ectic i?
c. Whether the impugned selection list could be quashed?
The Court held that the basic principle of nemo judex in causa sua was violated by appointing a
The Court held that the basic principle selectionof board.
nemo Though
judex inhecausa
did not suaparticipate
was violated
in theby appointing of
deliberations a
The Courtasheld
candidate a that theofbasic
member the principleboard.
selection of nemo judexheindid
Though causa
not sua was violated
participate in the by appointing
deliberations of athe
the board when his name was being considered yet the very fact that he was a member of the
board when his namehe was beinghad
Chairman considered yet impact
a significant the very factdecision
on the that he wasselection
of the a member boarof the
selection board in
he participated as the
the deliberations
Chairman hadwhen a significant
the claimsimpact
of theonother
the three
decision of thecame
officers selection board.
up. Since theyAlso,
he were
participated in athe
not given deliberations
chance when
to put forth the the claims
grounds foroftheir
the claim
other the
three officersofcame
principle up. Since
audi alteram they
partem
were not given a chance to put forth the grounds fort of their claim the principle
ould lose of audi alteram partem
its importance if the
was violated. The Court held that the concept
instrumentalities of the State are not charged with the of ruleduty ould
of discharging
o. ’aw .. lose its importance if
their functions in a fair the
instrumentalities
and just manner. of ThetheCourt
Statealso
are not charged
observed thatwith
the the duty of
dividing linedischarging
between antheir functions inpower
administrative a fair and
just manner. The Court
judicial power also observed
is being thato~the'ere
gradually dividing
°d. line between an administrative power and
quasi-judicial power is being gradually o

17) Discuss the principle of natural justice and explain its components. What are the exceptions to
this principle?

In Canara Bank V. V K Aw'< .hi (a 7 200: 6 ' CC 321), the Supreme Court observed that principles of
In Canara
natural Bank V.
justice ar aVthose
K Awru haveCCbeen
321), laid
the Supreme
down byCourt observed
courts that princ
as being the minimum
’es yhicb
natural
protectionjustice
of t are thoseof ru
the i dual have been
against the laid down
arbitrary by courts
procedure as
that being
may be the minimum
adopted by a
protection of t ,ie ri +s of the individual
ndiv: against the arbitrary procedure that may be adopted by a
protection
judicial, of the rights of the i dual against the arbitrary procedure that may be adopted by a
judicial, Q administrative authority
Q . sj-ju ici' . a o administrative authority whil
while making an order affecting those rights.
Natural expression of English Common
Natural justi ' ’> a. expression of English Common Law, and Law, andinvolves
involvesa procedural
a procedural requirement
requirement of of
fairn
fairness. Th »princ 'If ss ofof natural
natural justice
justice have
have great
great significance
significance inin the
the study
study of
of Administrative
Administrative law.
law.

The aur Jc :op s of the principles of Natural Justice is based on four fundamental postulates as
h ’er:

No ■ anan should
should be
be condemned
condemned unheard
unheard (audi
(audi alteram
alteram partem)
partem) i.e.
i.e. giving
giving opportunity
opportunity to
to every
every y
1

to put forth his viewpoint

par-’y to put forth his viewpoint

2. No man shall be judge in his own cause (nemo judex in causa sua) i.e. rule against bias

3. A party is entitled to know the reasons for the decision

4. Making available a copy of a statutory report, as relevant

 15

18) Examine the scope and reasons for the growth of Administrative Law in India.

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the
Administrative law is the law relating to administration. It determines the organisation, powers and
duties of administrative authorities. It includes law relating to the rule-making power of the
administrative bodies, the quasi-judicial function
judicial of of
function administrative agencies,
administrative legal
agencies, liabilities
legal of of
liabilities p p dblic
authorities and power of the ordinary courts to supervise administrative authorities. It gov
authorities and power of the ordinary courts to supervise administrative authorities. It gov c ns L 1
executive and ensures that the executive treats the public fairly.

The main reasons for the growth of Administrative Law in India are:

(1) Changed relations of Authorities and Citizens entailing close involvement of citi
'ens
(2) Origin of welfare state in which the policies
olicies of
of the
the state
state isisaimed
aimed at
at ma
maximising
ma welfare of people.
ximi ing welfare of people.
people.
(3) Shortage of Courts leading to more quasi-judicial set-ups

(4) Mounting pressure on the Parliament and deficiency of time leading to more delegation
(4) Mounting pressure on the Parliament and deficiency of time leading to more delegation
(5) Technical expertise of Administrative organs for specialised functions like taxation
e organs for specialised functions like taxation
(6) Amalgamation of both judicial and administrative functions to improve coordination between the
(6) Amalgamation of both judicial and administrative functions to improve coordination between the
three pillars of the democratic system

(7)
(7) Need
Need for
for flexibility
flexibility to
to issue
issue rules
rules and
and regulations
regulations
(8) Experimentation which
ntation is possible
which throug
is possible n deler ated
throug legislation
ated legislation
(9) Emergency Needs

(10) Complexity of modern administration

(10) Complexity of modern administration

19)
19) Explain in detail the characteristics of Administrative Tribunals in India.
19) Explain
Explain in
in detail
detail the
the characteristics
characteristics of
of Administrative
Administrative Tribunals
Tribunals in
in India.
India.
Admi s refer to adjudicatory bodies, outside the regular judicial system. The
Admi ,istraJ \/e > ’buna' s refer to adjudicatory bodies, ou
co .icep+ of ’r ribu , " ls in India came into existence with the establishment of the Income Tax
co ls in India came into existence with the establishment of the Income Tax
Appc lat< ’•‘ibi’ nal before the independence of the country. The 42nd Amendment to the
nal before the independence of the country. The 42nd Amendment to the
\ -istit tio . ' ntroduced Articles 323A and 323B providing for constitution of tribunals dealing with
ntroduced Articles 323A and
a 'mi ;s1r tive and related matters.
tive and related matters.
The main characteristics of Administrative Tribunals are:
main characteristics of Administrative Tribunals are:
(1) They are created by statute

(2) They must have some features of ordinary courts

(3) They perform the quasi-judicial/judicial functions

 16

(4) They are not bound by strict rules of evidence and procedure.

(5) They are independent and not subject to any administrative interference

(6) In procedural matters, they have powers of a court to summon witnesses, to administer oaths and
compel the production of documents, etc.

(7) They are bound by the principles of natural justice.

In the landmark case of L. Chandra Kumar v. Union of India(AIR 1997 SC 1125), the Supre t
In the
ruled thatlandmark
Tribunalscase of L.under
created Chandra Kumar
Article 323Av. and
Union of India(AIR
323B 1997 SC
would continue 1125),
to be the Supre. n t Coil, t
the cour
instance in their respective areas. ticle 323A and 323B would continue to be the cour <.s of f he i . "t

20) Define delegated legislation and enumerate various methods of parliamentary control over
delegated legislation in India.

Delegated legislation (sometimes referred to as as secondary

secondary legislation
legislation or
or subordinate
subordinate legislation
legislation or
or
subsidiary legislation) is a process by which the executive authority is given powers
subsidiary legislation) is a process by which the executive authority is given powers by primary by primary
legislation to make
legislation to make laws
laws ininorder
ordertotoimplement
implementandandadminister
administer
thethe requirements
requirements of that
of that p primary
legislation.
legislation. Such law is the law made by a person or body oth er than the legislature but with
Such law is the law made by a person or body er than the legislature but with the
the

authority is empowered to promulgate rules a er

er that
that law.
law.

ade by Prateek Jain

<dre L at' ns V
Rules and/or Regulations made by the Executive, are the most common forms of Delegated
Rules
Rules and/or Regulations
and/orRegulations
Legislation.
egislation. Regulations madeMade
M
m ade
of RBI ade by
ade by Prateek
fallby Prateek
the
bythis
in Jain
Jain
Executive,
thecate'
Executive, are
arethe
jry. By.-1 -laws themost common
mostby
made a Local forms
common formsofofDelegated
Government Delegated
Authority
Legislation. Regulations of RBI Made
Made by Prateek Jain
fallby
inPrateek
this
are another type of delegated legislation.
Jain
There are three kinds of con d over Legislation:
There are three kinds of con .rol exeri se d over Legislation:
(1) Parliamentary or Legislative Control which can be direct or indirect. In direct control the
(1) Parliamentary
delegated legislationorisLegislative
laid 'efort Control which
parliament while canin be directcontrol
indirect or indirect.
variousInfactors
direct are
control theat.
looked
delegated
For legislation is laid parliament while in indirect control various factors are loo
For example whether the
example whether the delegated
delegated legislation
legislation isisininline
linewith
withthetheobjects
objectsof ofthethe Act,
Act, whether
whether it it
For example
follows whether the delegated legislation is in line with the objects of the Act, whether it
follows the
the ural
ural justice
>rincir ,es r . n«. justice etc.
etc.

(2)
(2) Exe
Exe cutiv u i y dnini
ini rative
■
rative Control
Control which
which entails
entails certain
certain procedures
procedures or
or guidelines
guidelines in
in the
the Act
Act that
that
are
re require to be >.*’ owed.

trol which involves the

the power
power of
ofjudicial
judicialreview
reviewtotosee
seewhether
whetherthe
thepower
power delegated
delegated
the> ambit
' ) Ji d r al r of the constitution
constitution and
and whether
whether the
therule
ruleor
orregulation
regulationororbye
bye-law is ultra-vires to e
. ' thi, constitution
e constitutionor to the enabling Act.
ei her ?
 17

21) Discuss in detail the theory of Legitimate Expectation.

The doctrine of legitimate expectation refers to a person's reasonable expectation of being treated
in a certain way by administrative authorities owing to some consistent practice in the past or an
express promise made by the concerned authority. According to this doctrine, a public authority can
be made accountable in lieu of a legitimate expectation. Legitimate expectation is merely an
expectation and not a legal right. It is an expectation of a benefit, relief or remedy that m .ay
ordinarily
ordinarily flow
flow from
from aa promise
promise or
or established
established practice.
practice. The
The term
term 'established
'established practice'
practice' refer
refer o toaa
regular,
regular, consistent
consistent predictable
predictable conduct,
conduct, process
process or or activity
activity of of the
the concerned
concerned authority
authority and one one
which is logical and valid. Not being a right, it is not enforceable as such. It is a concept fashioned
which is logical and valid. Not being a right, it is not enforceable as such. It is a concept fashioned by by
courts,
courts, for
for judicial
judicial review
review of
of administrative
administrative action.
action. ItIt is
is procedural
procedural inin character
character edbasedonon thethe
requirement of a higher degree of fairness in administrative action,
dministrative as a consequ
action, jnce of of
as a consequence thethepromise
promise
made, or practice established.

Therefore, it can be said that this doctrine is a form of a check on the tive authority. This
Therefore, it can be said that this doctrine is a form of a check
doctrine first found its mention in the case of State of Kerala vs. Mad on the tive authority.
IR 1989
> 'mini tra SC 49).This
Ma .navan > -l «. ' IR 1989 SC 49).
v

22) Explain in detail the theory of separation of powers in the light of Indian Legal System
22) Explain
The
22) Explain in separation
theory of
in detail the
detail the theory
theory
of powersof separation
of separation of
deals with of powers
thepowers
mut u.al in rel;
in the :io
the light
light ofn oIndian
r _> aof
Indian
’ g theLegal System
threeSystem
Legal organs of the
government, i.e. legislature, executive and judiciary. fhis eor> nt+ empts to bring exclusiveness in
The
the functioning of thetheory of separation
three organs of powers
and hence a s deals with the .rict
mutu g the three organs of the
r ’_. arcc. ion of power is the aim sought to be
executive and judiciary. empts to bring exclusiveness in
achieved by this principle.
the functioning of the three organs and hence a s ion of power is the aim sought to be
Under the Indian Constitution, executive th the President, legislative powers with
Under the Indian Constitution, executive po ?rs r w th:e

in the Constitution
Parliament itself.
and judicial Parliament
powers is comThe President's
with judiciary. to make any law
function andsubject
powers toarethe provisions of the
enumerated
in the Constitution
Constitution and thereitself. Parliament
there isis no
no oo is com
tation to make any law subject to the provisions of the in
on itits legislative power. The Judiciary is independent
tation 'etent
its field and there there
can beis nno other
.ner limitation
li i i onits
with it judicial
judicial functions
functionseither
eitherby
bythe
theExecutive
Executiveororbybythethe
Legislature. j intr 'fere ce

There are no sepa <aie provisi m s egarding the Doctrine of Separation of Powers in our Constitution.
There are no
However, somseparate
ethp-' provisi
s of sep
separation ing
' r a t k n are
are the Doctininthe
captured
captured theDirective
Directive Principles.
Principles. Thus
Thus Article-50 talks
Article
However, some themes of sep n are captured
about sep .. 'tion of ae u. iciary from the executive. in the
executive. Directive
The Principles.
Judiciary is Thus
independent Article
The Judiciary is independent ininitsitsfield
field
andand
there c un bp " ’m< rference
rference
withwith
its judicial
its judicial
functions
functionseither
either
by the
by Executive
the Executive
or by
orthe
by Legislature.
the Legislature.
In the words of CJI Ray, "In the Indian constitution there is separation of powers in a broad sense
,nly. . n, :d separation of powers
separation as under
of powers the the
as under US US
constitu
constitution or as under Australian constitution
does not apply to India".

Separation of Powers, in its strictest is not fully in place in India. There is some degree of
H 'Wt ?r Separation of Powers, in its strictest is not fully in place in India. There is some degree of
unctional and personnel overlapping. While, on the one hand, Articles 142 and 145 give the Supreme
u. V r unctional and personnel overlapping. While, on the one hand, Articles 142 and 1
Court the
Supreme Courtpower
thetopower
declare certain laws
to declare passed
certain laws by the legislature
passed as void,as
by the legislature onvoid,
the other theother
on the executive
the
can also affect the functioning of the judiciary through its power to appoint Judges. Hence much of
the separation has come about through decisions of the court. For instance, in Indira Nehru Gandhi v.
Raj Narain (1975 AIR 1590), the Supreme Court held that the constitutional amendment to keep the
election of the Prime Minister outside the purview of the Court, as being ultra vires
 18

contending that adjudication of a specific dispute is a judicial function which parliament cannot
exercise.

23) Define Administrative law and explain the sources of Administrative law

Administrative law is the law that governs administrative actions. As per Ivor Jenni
Administrative Law determines
determinesthethe
organisation, powers
organisation, andand
powers duties of administrative
duties author . It-<gs,
author
of administrative . It
includes law relating to the rule-making power of the administrative bodies, the qu
function of administrative agencies, legal liabilities of public
bilities authorities
of public andand
authorities power o o •ties
power or or
courts to supervise administrative authorities. It governs the executive and dsi-ju ' !cia>

executive treats the public fairly. . the 4ina. •

Administrative law is a branch of public law. It deals with the relationsh ionship individuals with the
dp Oi individuals with the
government. ionship of individuals with the
government. It It determines
determines the
the organisation
organisation and
and power
power structure
structure of
of ad
ad <ni. : str aa tive and
and quasi
quasi-judicial
authorities
authorities to
to enforce
enforce the
the law.
law. It
It is
is primarily
primarily concerned
concerned with
with official
official actions a nn 1 pru. edures andputs
edures and puts
in place a control mechanism by which administrative agencies
echanism by which administrative agencies s. s.
>cay v\ chir o r u n . '

Administrative law in India attempts to regulate admin by controlling delegated

legislation and subjecting administrative discretionary .straf/e al review.
~ .cions
jctk - _> tc ‘ j d i c '
The main sources of administrative law are:

(1) Judicial decisions

(2) Statutes

(3) The Constitution

(4) Committee Reports

(5) Rules, regulations etc.

(5) Rules, regulations etc.
(6) Administra ce
(6) Administra ,<ve p r ' ,,~i ce
>

(7) Rules
(7) Rules j f n < " u r a astir ■
(8) ty (Ubi jus ibi remedium)
(8) <h e ma> m of 1 v,< ty (Ubi jus ibi remedium)

24) Write the requisites of a Government contract

dia, thethe
dia, Union and
Union thethe
and States areare
States legal persons
legal and
persons hence
and areare
hence competent to to
competent enter into
enter contracts.
into contracts.
I n i>'
Article 298 of the Constitution of India provides for contractual liability of the government and
Article 299 provides the mode and manner of execution of the contracts.

Article 299 lays down the following conditions and requirements which must be fulfilled in contracts
made by or with the Union or a State:
 19

(1) Every contract must be expressed to be made and executed by the President or the Governor (as
the case may be)

(2) Every contract must be executed by a person authorized by the President or the Governor (as the
case may be)

A contract to be valid under Article 299

in this article clearly go to show that be
(1), must thein agreement
writing. Themust
wordsbe
must be aa formal
formaltowr
'expressed be made'
wr
contract executed
and 'executed'
contract by a duly authorized person. Consequently, if there is an oral contract,
executed by a duly authorized person. Consequently, if there is an oral contract, th th itter
not binding on the Government. This is not a mere formality but a substantial require
rmality but a substantial require . . ] m t •
and must be fulfilled. nent 01 ■>w

25) What is droit administrative

Covered in Qs. 11 on page 6

26) What do you understand by injunction

An injunction is a judicial order restraining a p nning or continuing an action

An injunction is a judicial order restraining a p erson fro. ' beg
nning
1
or carry
continuing
threatening or invading the legal right of another, a person to out a certain act,
threatening
e.g. to makeor invading to
restitution theanlegal rightparty.
injured of another, or ;orr> Hing a person to carry out a certain act,

Injunctions could be one of the following :

Injunctions could be one of the following types :
(1) Preliminary injunction an ad erim inju n issued prior to a trial.
interim inju n issued prior to a trial.
(2) Preventive Injunction - -in. cingnctir
a person to abstain from preventive, prohibitive or
negative action cing a person to abstain from preventive, prohibitive or
- an rdei foi
(3) Mandatory inj cting the defendant to perform an act
,n. - o r d .r dim
cting the defendant to perform an act
(4) Tempora order an order granted by the court to preserve the status quo of the
(4) Tempora
subject o . y rer .rair ,igorder
until the -hearing of an application for a temporary injunction.
. the 'on. >verr /
subject o until the hearing of an application for a temporary injunction.
(5) an order granting a final relief to the applicant
. erman nt inji > ' -
(5)

27) What is speaking order

aking order
aking means
order anan
means order which
order is is
which fullfull
of of
reasons or or
reasons a reasoned order.
a reasoned AnAn
order. order hashas
order to to
bebe
a a
Spe
reasoned or aa speaking
speakingorder.
order. It means that the order speaks for itself. The failure to give reasons
could lead to a very justifiable complaint that there was a breach of natural justice. An order which is
not full of reasons is a mechanical order and, being unconstitutional, is not sustainable in law.

A speaking order means an order speaking for itself. In other words, an order with reasons. Giving of
reasons in support of an order is considered to be the third principle of natural justice; the other two
 20

being that (1) no man should be a judge in his own cause; and (2) both sides must be heard, or no
man should be condemned unheard. A party has a right to know not only the decision, but also the
reasons in support of the decision. Reasoned orders are necessary if judicial review is to be effective.
The condition to record reasons introduces clarity and excludes arbitrariness. The principle requiring
reasons to be given, in support of an order is a basic principle of natural justice which must inform
every quasi-judicial process and must be observed in its proper spirit and mere pretence of
compliance with it could not satisfy the requirement as per law.

28) What is sub-delegation

Sub-delegation
delegation is a transfer of authority but not of accountability. This means t hat the ■»ertn sub
n sub-
delegating the authority will remain accountable for the use of that authorit /■

When a statute confers legislative powers on an administrative autho . it> m e thatauthority further
delegates those powers to another subordinate authority ornistrative
agenc autho , , it is calk suu--' authority Thus,
elegation. further
delegates
what thoseinpowers
happens to another
sub-delegation subordinate
is that authority
a delegate further or agencd ates. i'hi proct ss ofelegation.
dele
r Thus,
sub-delegation
delegation is that a delegate further dele ss of
may go through one stage to another stage. T he enabling Act is called the 'Parent' and the delegated sub
and the sub-delegated act is called the Children.

means that a person to whom

Most often the
something haslegal
beenmaxim 'Delegatus
delegated Non
cannot Potest Delegare'. whick licable
delega means that a person
in cases to whom
of sub-delegation.
n delegated cannot delega .e fur ner . apr licable in cases conferred
of sub
However, sub-delegation can be permitted power is expressly under the
delegation can be permitted .ither </hen uc 1
power is expressly conferred under the
statute or can be inferred by necessary im
statute or can be inferred by necessary im >nca on.

29) What are the different types of public corporations

Ans:

There are three di rent for isation used for the public sector enterprises in India. These
There
are (1)areDepar <ft for
three different ->s o' orga
(2)isation
r used(or
Statutory for Public)
(or the public
Public) sector enterprises
Corporation, and (3)inGovernment
(3) India. These
Government
Corporation, and
are (1)
Company. Depar tmep*’ 1 v -king- (2) Statutory (or Public) Corporation, and (3) Government
(I) W erprise is a departmental undertaking it is under departmental management,
(I)
it W erprise is a departmental
e departments undertaking
of the government. India it is under departmental management, it
<en th : puL ’example
r ene+departments
of such aof the government. Indiapost, which provides postal service all
corporation.
. uns ri 'e l e o'example
*' of such a corporation.
aero ; Ip Jctory ’s a-o
tory or public corporation is characterised by the following features:
( ’) a n’tan’
autonomously running corporate body
n autonomously running corporate body
(1/ •'
(2) a large organisation in terms of the management and hence can run its operations like a proper

business without having to worry about direct parliamentary control

(3) generally capable of supporting itself financially

Public Corporations can be one of the following types:-

 21

(1) Managerial Industrial or Commercial Corporations like Air India, State Trading Corporations, etc.

(2) Managerial Social Service Corporation like ESIS, Hospital Boards, etc

(3) Developmental Corporation like ONGC, FCI, DVC, etc

(4) Regulatory Corporation like RBI, SEBI, etc

(5) Financial Corporations like SBI, IFC, etc

(III) A Government company is one which runs and works like a typical private limited co
government owns majority stock in such companies. Most of the a typical private
directors are limited
ap co
.npany. ’he
government owns majority stock in such companies. Most of the directors are
government. The company is free to sue or get sued by others. Also, it can enter i ap point .a i • the d
can acquire a property on its own. i d
<ito ' cent jet ie

30) Write the concept of legitimate expectation.

Covered in Qs. 21 on page 11.

31) What is pre-decision and post-decisional hearing

Ans:

Pre-Decisional Hearing is the hearing o fore the passing of a Decision/ Judgment.

IdeallyDecisional Hearing
a pre-decisional is the ishearing
hearing the most.ot h e artie_cenario
b r forebutthe
whenpassing of a Decision/
a decision has to beJudgment.
taken on
an
an urgent
urgent basis decisional
basis especially
especially in hearing
in pub is the most
pub lie ih terest,
' esired s
there isis no
terest, there cenario
nooption
optionbutbut when
buttotohold
holda decision has to be taken on
a post-decisional hearing.
a post
an urgent
After basis especially in public interest, there is no option but to hold a post
After all
all itit is
is better
better than
than no
no hh earing a ah ..

Post decisionalsional hhearingg is

eart> is aa hea
hea " ,1g wich' takes
ich place after
takes place after aa provisional
provisional decision
decisionisisreached.
reached.This
This
principle
principle was taid down
was laid n in
in Maneka
Maneka Gandhi
Gandhi v. Union of
v. Union of India (1978 AIR SC 597). The logic behind
principle was in Maneka Gandhi v.
introducin g > e pt st dei si' nal hearing is to increase andUnion of maintain administrative fairness.
introducin nal hearing is to increase and maintain
This st-decisional hearing underscores the principle in the maxim Audi Alteram Partem
This joctrii ? ofates
w st nobody ought to be censured unheard. It is expected that an individual a
p> that
wnich me. ates
any that nobody
action ought to be censured
is proposed taken, or unheard. It is expected
whose privilege and rightthatis an individual
at stake, will be
a
given any
gait ;tan' / hopportunity
i ' action is proposed to
to defend himself. If in a given case, an earlier hearing would defeat the
given an
p i po.
r eopportunity
and reason toofdefend himself. of
the exercise If in a given
power, case, an earlierhearing
a pre-decisional hearingmaywould be defeat the
pre-empted.
e and reason of the exercise of power, a pre
Hu } ever, the Supreme Court held in Maneka Gandhi v. Union of India (1978 AIR SC 597) that in such
situations
ever, t an opportunity for a post-decisional hearing must be given to adhere to the principles of
natural justice. situations an opportunity for a post
 22

32) Who is an Ombudsman

Ans:

Ombudsman is a quasi-judicial officer of Parliament whose primary function is to investigate the

complaints or allegations against the public administration and expose the involved
guardadministrative
the citizens ofor
executive officials. The main aim of the institution of Ombudsman is to safeguard the citizens of the
country against misuse of administrative powers.

In India the Lokpal Act, 2013 set up the Lokpal as the Ombudsman at the Union level an id th< Lok
Ayuktas as the Ombudsmen in the states. Lokpal in India is a national anti-corruption o o mbir'-. an < '
look into complaints against public servants and officials. The composition of d A Lo p?' oi "p
comprises a Chairman and up to 8 members. The chairman of the Lokpal can be a cum. t o. — / red
of High
Judge of the Supreme Court or the Chief Justice of High Courts
Courts oreminent
or an an eminent person
person special
havi g special
knowledge and expertise of not less than 25 years in related fields

Under the powers provided in Section 25 of the Lokpal Act, once Lokpal receives a complaint
Under the powers provided in Section 25 of the Lokpal Act, once
under the Prevention of Corruption Act 1988, it can initiate the investigation.the Lokpal receives a complaint
If the complaint is
found to be true in the investigation then he988, can itaskcan
theinitiate
gOVPthe investigation.
rnment to take If the complaint
disciplinary is
action
found to be true in the investigation then he can ask the rnment
against the concerned public servants or file a corruption casei a ' pe ial court. to take disciplinary action
against the concerned public servants or file a corruption court.
33) Write Short note on Judicial review

Ans:

Judicial review refers to the power of th the actions of the organs of government,
Judicial review
especially thoserefers
of thetolegislature, of th . coui to i 'de*
the powerexecuti the actions
nfrequently, that of the organs of itself.
judiciary government,
Judicial
especially
review those of
includes th the legislature, executi 'e .id not : nfrequently, that of the judiciary itself. Judicial
e court's authority to determine the constitutionality of any law passed by the
legislature and the power to invalidate laws/acts which violate the "Basic Features" of the
Constitution.
The origin of the concept is ed to the historic US decision in the Marbury v. Madison case
of 1803 [5 U The origin of the concept is gene
7 (1803 ally ed to the
V ,rjudicial
ia, historic
review US decis
broadly covers three aspects;
case of 1803 [5 U.. S.
S. 137
i. (1803X1. .n Inr1ia, judicial review broadly covers three aspects;

(1) judicial evie\ of If gislative action

Jd. ’diu ial review ial review of judicial decision, and

(3) judicial review of administrative action

actio

In the case of S.P. Sampath Kumar v. Union of India [(1987) 1 SCC 124 at 128], Chief Justice P. N.
Bhagwati described judicial review as a basic and essential feature of the Constitution. Judicial
Review is governed by the principle of "Procedure established by law".
 23

These facets of judicial review were pronounced by the Supreme Court in the case of L. Chandra
Kumar v. Union of India (AIR 1997 SC 1125) stating that the judges of higher court have to interpret
legislation up to this end that the Constitutional values are not to be interrupted.

The doctrines propounded in exercising the power of judicial review include:

1. The Doctrine of Eclipse which essentially means that the law is not completely obliterated
but rendered dormant or inactive.

2. The Doctrine of Severability in which only a part of the law which is determined to
the basic feature ofine
theofconstitution
Severabilitycan
in which onlywhile
be voided a partthe
of the lawparts
other whichwillis remain
determined to oe ag >nsi
val id.

3.

4. The Doctrine of Territorial Nexus refers to the powers of Parliame to legislate for extra-
e Doctrine ofbut
territorial applicability Territorial
keeping aNexus refers
balance to thethepowers
between law andof the subjectnimatter
Parliament to legislate for extra
thereof.
territorial applicability but keeping a balance between the law and the subject matter thereof.
5. The The
Doctrine of Prospective
Doctrine Overruling
of Prospective which
Overruling refers
which to decisions
refers to have
to decisions onlyonly
to have a prospective
a prospective
effect

6. The
The Doctrine of Pith
Doctrine of Pith and
and Substance
Substance which
which is
is to
to look
look at
at the
the true
true nature
nature of
of the legislation by
the legislation by
viewing the law as a whole including its object, scope and effect.
viewing the law as a whole including its object, scope and effect.

7. The
The Doctrine
Doctrine of
of Harmonious
Harmonious Construction
Construction refers
refers to
to interpretation
interpre in the background of other
legal
legal provisions
provisions rather
rather than
than interpreting
interpreting aa law
law in
in isolation.
isolation.

8. The
The Doctrine
Doctrine of
of Colourable
Colourable Legi
Legi refers
refers to
to an
an indirect
indirect way
way of
of bringing
bringing in
in aa law
law
which could not have been brought in j a t
directly. i o r whio
which could not have been brought in directly.

While there is no explicit provision

explicit on on
provision thethe
power
powerof of
judicial review
judicial ofof
review thethehigher
highercourts,
courts,the
thepower
powerisis
explicit
ingrained in the Indian provision
co .stitui. on the
' a n • en power
erges of
from judicial review
provisions of the
contained higher
in the courts,
various the power
Articles is
of
the ingrained in the Indian co
Constitution. erges from provisions contained in the various Articles of

1. Article 13, stipulates that inconsistent with or in derogation of the fundamental rights
Article
shall be void. 13, stipulates that laws inconsistent w

2. Article 32 which provides for individuals to seek redressal for violation of fundamental rights
Article 32 which provides for individuals to seek redressal for violation of fundamental rights
3. Articles 131-136 which set out the jurisdiction of the Supreme Court
Articles 131
4. Article 143 which confers advisory jurisdiction on the Supreme Court
4. Article 143 which
5. Article 226 which empowers High Courts to issue Writs
5.
6. Article 145 which gives Supreme Court the power to frame rules
6.
7. Article 246 which deals with the division of powers between the Union and the States

8. Articles 251 and 254 which deal with inconsistencies between Union and State laws

9. Article 372 which refers to laws which existed prior to the adoption of the Constitution
 24

Some cases

Shankari Prasad V. Union of India AIR 1951 SC 458

In this case, the Zamindars challenged the constitutional validity of the First Amendment Act 1951
on the ground that it violates fundamental rights and Article 13(2) of the Constitution of India and
contended that Article 31 is unconstitutional. The court held that anyany amendment
amendment made
made under r
Article 368368
Article is not a law
is not under
a law Article
under 13 13
Article of of
thethe
constitution. So,So,
constitution. thethe
FirstFirst
Amendm
Amendm
ent Z t is
constitutionally valid.

After thisthis
After case, thethe
case, Fourth
Fourth Amendment
AmendmentActActcame, came,which
whichadded
addedArticle
Article31(2A)
31(2A) which
which stated
stated that
that
unless the ownership of property acquired
ipipofofproperty is
propertyacquired transferred to
acquiredisistransferredstate or state
transferredtotostate corporation,
stateororstate there
statecorporation, would
corporation,there
therewouldbe
would
no compensation. It also stated
be no compensation. It alsothat the that
stated adequacy of compensation
the adequacy which is
of compensation to beisfixed
which to beby lawby
fixed is law
notis
non-justiciable.

Further
Further 17th
17th Amendment
Amendment came
came in in 1964
1964 which
which wa
wa trospective
trospective effect. It added
effect. It added Article
Article
31A(2)(a)(iii) ->giv ' urpose
re
31A(2)(a)(iii) and
and laid
laid down
down that
that estate
estate includes
includes aa ofofagriculture
urpose orancillary
agriculture or ancillary
purpose which includes wasteland or forest la ,d. ny Ip I' f or / ° r

Sajjan Singh V. State of Rajasthan AIR 1965

c
845
In this cas
court e, the constitutional validity of the 17th Amendment Actthe
of 1964 was of
challenged. Hon'ble
court by
by the
the ratio
ratio of
of 3:2
3:2 rr ntion and applied
ntion and applied doctrine
the doctrine pith
of pith and
and substance
substance andand
held
held that
that Article
Article 368
368 give
give -jecteu ‘ ’i e i inte nd 13(2). The
nd 13(2). The judgemen
judgement made in Shankari Prasad was
upheld in this case.
s f,e h wer it am'

I.C. Gola . State of Punjab AIR 1967 SC 1643

I.C. Gola k Na+> Q<C ' . vState of Punjab AIR 1967 SC 1643
In ity of the 17th Amendment Act of 1964 was challenged again and was referred
In this r <;e, he vh !■ofity11ofJudges.
the 17thCourt
Amendment Act of6:5
by the ratio 1964 was challenged
overruled again
the earlier and was made
judgement referred
in
to a arg .1 hen h of 11 Judges. Court by the r
z
Sha sad and Sajjan Singh cases and held that the word Law in Article 13 includes
Shanka ' onal
P " sad and Sajjan
amendment made Singh
undercases and
Article held that the word Law in Article 13 includes
368.
g nst ut : onal amendment made under Article 368.

CJI Subba Rao, speaking for 5 Judges held that Article 368 provides only for the procedure and not
power to amend. As it derives its power from Article 248 i.e. Residuary Power (as not mentioned
specifically) that is an ordinary law, so the test of Article 13 will apply.
 25

After this landmark case 24th Amendment of 1971, came to neutralize the effect of Golaknath case. It
gave us Article 13(4), which says that any amendment made under Article 368 is not a law under
Article 13. It also changed the Marginal Note of Article 368 regarding the power of parliament and
the procedure to amend the constitution.

Soon the 25th Amendment of 1971 came which changed the word "compensation" in Article 31(2) to
"amount" to remove the obligation that the government is bound to give compensation.

It added Article 31C to the constitution which stated that Article 14,19 and 3 1 won't apply to a law
enacted
enacted to
to effectuate
effectuate policy
policy underlying
underlying Article
Article 39(b)
39(b) and
and (c)
(c) the
the Directive
Directive Principles
Principles ofStai Po cy.
cy.
r

Kesavananda Bharti V. State of Kerala AIR 1973 SC 1461

In this case, the 24th and 25th Amendment Act of 1971 was udge Bench of 13 Judges
endment
was constituted. With the ratio of 7:6 Act of 1971 was chall n t
held that: A Judge Bench of 13 Judges

1. Power to amend the constitution

constitution is
is tt , be f uhd .1Article 368. It is hard to believe that it lies
in residuary power.

2. There is a difference
ence between
between ordi
ordi na' , law apdd constitutional
constitutional amendment.
amendment.
3.

4. CJI Sikri gave the cture though not exhaustive;

CJI Sikri gave the <ist of t h t cture though not exhaustive;
' strc
The supremacy of th n.
The supremacy of th ° con dtut; . n.
Repu ocrati m of government.
>iic and
aK - democratic
.'■'i. ' fform
o ' of government.
racter of ocratic form of
the Indian government.
Constitution.
jecul- rhe.
racter of the Indian Constitution.
f Power.
c
ep<'atio '
f Power.
l character.
,-ed .“i'
The Court held,l character.
by a margin of 7-6, that although no part of the Constitution, including Fundamental
Rights, was beyond the amending power of Parliament, the "basic structure of the Constitution
The not be Court
could abrogated evenheld, by
by a constitutional a
amendment". margin
The Court upheld of Section 72(a) and
Rights, was beyond the
2(b), and the first part of section 3 of the 25th Amendment as valid. However, amend
the second part
namely "and no law containing a declaration that it is for giving effect to such policy shall 2(a)
could not be abrogated even by a constitutional amendment". The Court upheld Section and in
be called
question in any court on the ground that it does not give effect to such policy" was declared
unconstitutional.

Indira Nehru Gandhi V. Raj Narain AIR 1975 SC 865

 26

In this case, the 39th Amendment Clause 4 was challenged as it puts a bar to challenge the election of
Speaker and Prime Minister. It was struck down as unconstitutional.

Minerva Mills V. Union of India AIR 1980 SC 1789

In this case, further Judicial Review was added to the list of Basic Structure of the constitution al
with the balance between Fundamental Rights and Directive Principles. jn>

I.R. Coelho V. State of Tamil Nadu AIR 2008 SC 861

In this case the court held that any act inserted in Schedule 9 can be judicially scr t only
n Schedule
those enactments which are inserted after 24th April 1973. 9 can be judicially scr 'itinize. b’ t only

34) Write Short note on Doctrine of separation of power

Covered in Qs. 22 on page 11.

35) Write Short note on Tribunal

Covered in Qs 19. On pages 9-10.

36) Write Short note on Parliamentary control over delegated legislations

36) Write Short note on Parliamentary control over delegated legislations
Since delegated legislation enta JS legislativ ° p<?' ers given to the executive, its control by the
Since delegated
Parliament legislation
becomes an imp entails legislativ
ed for the ers given to of
functioning thethe
executive, its control
democratic system by theits
with
Parliament becomes an imp ed for the functioning of the democratic
Parliament
emphasis becomes an imperative need for the functioning of the democratic
emphasis on
on natural
natural justic
justic -•rative n<
j and . :r ne s.
In
In India
India the
the Parliament
Parliament exe
exe over
over the
the executive
executive authorities
authorities with
with delegated
delegated legislation
legislation
powers
powers inin the
the foll JWh g ways:
following rcises :ontn 1
ways:

(1) Direct G through debate on the act, through questions and notices and through
(1) Direct G *nera Co’
resoluti I-
>ns
(2 exercised by laying the delegated legislation on the table of the House.
(2 , Dire--* S|. Acial e?table
e table of of
- the
the House
House could
could be be
forfor mere
mere information
information or or
forfor giving
giving immediate
immediate effect
effect
sSuch ay».$=,"»n f nulment by the House or subject to negative resolution or subject to affirmative
L S iect to ?■
n so> vior
itionally,
itionally, the
the Legislature
Legislature exercises
exercises indirect
indirect control
control primarily
primarily through
through its
its committees.
committees.
Ade
Notwithstanding what has been enumerated above, legislative control over administration in India is
more theoretical than practical. In reality, the control is not that effective as it ought to be. This is for a
variety of reasons including the fact that legislative leadership lies with the executive, the large size of
the Legislature, the sporadic nature of control and the paucity of time for the legislature.
 27

37) Write Short note on A . K. Kraipak vs. Union of India

Covered in Qs. 16 on page 8

38) Write Short note on Ridge v/s Baldwin

Ridge v Baldwin [1964] AC 40 was a UK labour law case heard by the House of Lords. The
our law
extended the doctrine of natural justice (procedural case heard
fairness by the
in judicial House ofinto
hearings) Lords.
th The . •’CiS!' I
extended the doctrine
administrative decisionofmaking.
naturalAs
justice (procedural
a result, the case fairness
has beenindescribed
judicial hearings) into th
as "the landm .e r e a r t' ot
administrative decision making. As a result, the case has been described as
opened up decisions taken by the UK executive to judicial review in English law. "the landm t
<ark ' jx ' the.

The Brightontopolice
opportunity authority
defend dismissed
his actions. its Chief
The Chief Constable
Constable (Charles
appealed, Ridge)g withou
arguing t h ~ t theimBrighton
an opportunity
Watch
toThe Brighton
defend his police
actions. authority
The Chief dismissed
Constable its Chief Constable
appealed, arguin
Committee (headed by George Baldwin) had acted unlawfully (u (Charles Ridge)
<tra ' i withou
n the
i n
t offen g k im an
terminatingWatch
Brighton his
Committee (headed by George Baldwin) had acted unlawfully (u that the Brighton Watch
terminating his
appointment in 1958 following criminal proceedings against him.

The House of Lords held that Baldwin's committee had vi ne oof natural justice,
overturning the principle outlined by the Donoughmor olated t i d oty years before
r r’years beforethat
thatthethe
doctrine of natural justice could not be applied to adm ns.
j Cor m i t ' e p t h i '
.inisi cive <ecir '
This case has been applied extensively in India t nciples
nciples of natural justice inin general
general
j e n f ,rce ? e p i -
and that of audi alteram partem in particul Court had cited this this judgement
judgement while
while
j r . IT . Sup err ?
dealing with the case of State Bank of Patia harma (1996 AIR
harma (1996 AIR1669),
1669),and
and stated that a
.d k O r v. S.K.*
decision given withoututregardregardtotothethepripri'ciple' of n a t v ' alaljustice
justiceisisvoid.
void.The
TheGujarat
GujaratHigh
High Court
Court had
also cited thisthis
cited landmark
landmarkjudgement
judgement in the c c
in the t India Co.Co.
t India v. v.
Official Liquidator
Official LiquidatorAnd
AndAnr
Anr((1970)
((1970)
4se, Ear
GLR 457), andand said
said that
that the de
the de
decision ven ininbreach
given breachofofaudi audialteram
alteram papartem would be considered as
j s i o n g. ven in breach of audi alteram pa
voidable at the discretion
voidable at the discretion o o .
.
. the oun
r

39) What is Rule of Law? Discuss the concept with the help of landmark judgments in the Indian
scenario

The
The co co acepJ ez. Ru..of Law isis that
of Law that the
the state
stateisisgoverned,
governed,not notbybythetheruler
ruler
or or
thethe nominated
repr
repr esenta. ves 01 > e people but by the law. A county that enshrines the rule of law would
e people but by the law. A county that enshrines the rule of law would bebe one
one
■A/her th> hasiu < nd ndcore
corelaw
lawfrom
fromwhich
whichallallother
otherlaws
lawsderive
deriveauthority
authorityisisthe
thesupreme
supremeauthority
authorityof
of
v e Ian . TI e RuleRule of
of Law
Law enshrines
enshrines within
within itself
itse the principles of the supremacy of law, equality
L andand
e lav' pre-dominance
pre of the legal spirit. In modern parlance Rule of Law has come to be ood
nr. i e r s ' as as
ood a system
a system which
which hashassafeguards
safeguards against official
against arbitrariness,
official arbitrariness, prevents anarchy
prevents anarchyand
and
allo ws people
peop to plan the legal consequences of their actions.

India adopted the Common law system of justice delivery which owes its origins to British
jurisprudence, the basis of which is the Rule of Law. The Rule of Law in India is ensured through
various provisions in the Constitution especially the Fundamental Rights of which those contained in
Articles 13 (1), 14, 21 and 22 are perhaps the most prominent. But the Rule of Law has been given
further strength through judgments of the apex court.
 28

In A D M Jabalpur v. Shivkanth Shukla (AIR 1976 SC 1207), dissenting Justice H.R. Khanna observed
that, the state has got no power to deprive a person of his life and liberty without the authority of law.

In Secretary, State of Karnataka and Ors. v. Umadevi (AIR 2006 SC 1806), the constitution bench laid
down that rule of equality in public employment is a basic feature of our Constitution.

In Keshavananda Bharti v. State of Kerela (AIR 1973 SC 1461), the Supreme Court enunciated
In Keshavananda
concept Bharti
of rule of law v. State
as one of theofmost
Kerela (AIR 1973
important SC of
aspects 1461), the Supreme
doctrine Court enunciated the
of basic structure.

In Som Raj v. State of Haryana (1990 AIR 1176), it was held that the absence of arbitrar
In Som Raj
postulate ofv.rule
State of Haryana
of law (1990the
upon which AIR 1176),
whole it was held that
constitutional the is
edifice absence of arbitrar / pov _ 'S t i . '
dependent.

In Maneka Gandhi v. Union of India (1978 AIR SC 597), the Supreme Court declar Article 14
Union of India (1978 AIR SC 597), the Supreme Court declar ed that Article 14
strikes against arbitrariness.

40) Explain the principal of natural justice with the help supreme court judgments.
40) Explain the principal of natural justice with the help supreme court judgments.
In Canara Bank V. V K Awasthi (AIR 2005 6 SCC 321), the Supre n e _o’ rt r bserved that principles of
In Canara
natural Bank V.
justice areVthose
K Awasthi
rules(AIR 2005have
which 6 SCCbeen321), the ourts bserved
as beingthat the
principles
minimum of
.aid 1 w n 'v '
natural justice
protection of theare those
rights rules
of the which have
individual againstbeen edureourtsthat
as may
beingbe the minimum
adopted by a
.ne '■ary >r 'r
protection of the rights of the individual
judicial, Quasi udicial and administrative aut against making an order affecting thosebyrights.
edure that may be adopted a
Natural justice-is an expressionministrative
of English aut iiority vb’ e ndmaking
involves an aorder affectingrequirement
procedural those rights.
of
Natural justice is an expression of English nd involves a procedural
fairness so that miscarriage of justice is . mr, n Lav e' principles of natural justice have great
n
requirement of
fairness so that
significance in themiscarriage of justice is pre-* nptt. t T’ e principles of natural justice h
study of Administrative
significance in the study of Administrative ’a*' .
The foundations of the princi Natural ustice is based on four fundamental postulates as
The foundations
under: of the principles
princi of
pies 1 t
Natural ustice
:
is based on four fundamental postulates as

1. No man should be cond (audi alteram partem) i.e. giving opportunity to every
1. Notoman
party should beviewpoi
put forth cond ?mnt ’ unht i r ’ (audi alteram partem) i.e. giving opportunity to every
arty to put forth his dis
viewpoi 't
2. No man s .all b< jud\d h. his own cause (nemo judex in causa sua) i.e. rule against bias
2. No man s his own cause (nemo judex in causa sua) i.e. rule against bias
3. A pa know the reasons for the decision
3. A pa know the reasons for the decision
4 le at~copy of a statutory report, as relevant
. ty is _iu. "eo
4 le a copy of a statutory report, as relevant
I 1 .n avc.
. Ma t f Mohinder
,_l Singh Gill vs. Chief Election Commissioner (1978 AIR 851), the court held
I f Mohinder
concept of Singh Gill vs.
fairness Chief be
should Election Commissioner
in every (1978 AIR
action whether it is 851), the court
judicial, held
quasi-judicial,
h "he t s fconcept
r
of quasi-administrative
fairness should be work.in every action whether it is judicial, quasi
istrative and or
t i at he
In istrative
v.J Maneka
>ir
and v.
Gandhi orUnion
quasi of India (1978 AIR SC 597) the Supreme Court emphasized on providing
an opportunity for hearing, even if post-decisional so as to adhere to the principles of natural justice.
In Maneka Gandhi v. Unio
 29

41) What is delegated legislation?

Delegated legislation is a process by which the executive authority is given powers by primary
legislation to make laws in order to implement and administer the requirements of that primary

the law while

legislation whichthe detailedtoprescriptions
is referred andact'.
as the 'enabling stipulations under
The 'enabling act'that
layslaw is the
down delegated to an
framework of executive
authority. An example of delegated legislation is the Banking Regulation Act under which t ae
authority is vested with the RBI.

The delegation of legislative powerwer is permissible only

is permissible when
only thethe
when legislative policy
legislative is ade
policy is ade
quately ■'id
down and the delegate is empowered to carry out the policy within the guidelines la <dde m > ■ the
legislature. In the case of J.K. Industries Limited v. Union of India [(2007) 13 SCC 673], the S jprr r>-
Court explained the limits on delegated legislation by stating that though the L ■'gislatu. ' h wide wide OJ

powers of delegation, it cannot delegate uncontrolled power and the sam . is k ■'dbv ?
gislative
policies and guidelines.

42) What is permissible & impermissible delegated legislation

42) What is permissible & impermissible delegated legislation
Permitted delegated legislation is that which can be legislature to the Executive.
Permitted delegated legislation is that
Impermissible delegated legislation are those whicwhich can be > e l t ' iec >y tegated
h: to the Executive.
Impermissible delegated legislation are those whic . cannot bv -'O de' egated to the Executive.
Based on a review of judicial authorities and jecis' mo, jm <f the functions that can be delegated
ew of judicial
include the discretion authorities
to decide the com and f the functions that can be delegated
. net "’ent o. a statute, discretion to include certain
include the
territories of discretion
the country, to discretion
decide theto com pt acertain
statute,persons
discretion to include certain
or establishments from
exclud . or e. ?’
territories of the country, discretion to pt certain persons
the purview of the legislation, discretion to modify some provisions before applying them on some
the purviewfor
territories, of the legislation,
supplying detaildiscretion to
in rules some provisions
d regulations, before
discretion to applying them on some
suspend application in
_>like 'o
territories,
certain for supplying
circumstances, details
discr
territories, for supplying detail like in rules
t and d
applyregulations,
laws in discretion
another part to
of suspend
the application
country,
in rules and regulations, discretion to suspend application in discretion in
_tion to <.i o h

to prescribe min limits * ut ii.

t and apply laws in another part of the country, discretion
penalties wi to prescribe penalties wi e imp 'dime
v
se set c
the the
law,law,
for for framing
framing rules
rules andand regulations,discretion
regulations, discretiontoto
remove
remove difficulties to rem difficulties to rem in the implementation of the law.
elegatk de esr
Impermissible missible
missible <cedd or delegations
ns
ns inclu
to ' xer. incluessential
include ential
ential legislative
legislative
legislative functions,
functions,
functions, repeal
repeal
repeal of of
of a law,
aa law,
law, unlimitedpower
unlimited
unlimited powerto
power toto
modify
modify statstat
j re. ovt diff: ' pt pt any
any person
person from
from the purview of
the purview of the
the law,
law, unreasonable
unreasonable or or unlimited
unlimited
power tt
power..pecti ely, c 'opt: lties
lties inin implementation
implementation of of the
the law,
law, power
power to give effect to a law
retro
mrts
retro , ''cr< s on < on
on ofof future
future laws, power to
laws, power to impose
impose tax,
tax, power
power to
to oust
oust the
the jurisdiction
jurisdiction of
of c
c decide what constitutes an offence.
decide what constitutes an offence.

43)
43) What
What is
is tortuous
tortuous liability
liability of
of government?
government?Give
Give important
important cases
cases
43) What is tortuous liability of government? Give important cases
Covered in Qs. 15 on pages 7-8
Covered
 30

44) What are writs?

Ans:

Writ is a formal written order, issued as a prerogative remedy, by the Supreme Court under Article 32
and the High Courts under Article 226 of the Constitution. The importance of writs lies in creating a e
rule of law by defining the contours of permissible areas of exercise of power, authority by th the
executive.
executive. Writs
Writs provide
provide citizens
citizens the
the constitutional
constitutional remedies
remedies through
through the
the courts
courts to
to keep
keep
administration within the ambit of law. In India there are five types of Writs- Habeas HabeasCC□rp us,
us,
Certiorari, Prohibition Mandamus and Quo Warranto.

Writ of Habeous Corpus: In Sunil Batra v. Delhi Administration (1980 AIR 1579), it wa the
In Sunil Batra v. Delhi Administration (1980 AIR 1579),
writ of habeas corpus can be issued not only for releasing a person from illegal d it wa o for
s he d t'.at the
protecting prisoners from inhuman and barbarous treatment. llegal d °tentio> hut ■'o for

Writ of Mandamus: StateState of

of West
West Bengal
Bengal v.
v. Nuruddin
Nuruddin [(1998)
[(1998) 88 SCC
SCC 143
143 1 preme Court held
preme Court held
the th ?Su
the writ
writ of
of mandamus
mandamus is is aa personal
personal action
action where
where the
the respondent
respondent one
one thethe duty
duty they
they were
were
prescribed aas not a
prescribed to
to do
do by
by law.
law. The
The performance
performance of
of the
the duty
duty is
is the
the right
right ..
of th ? a r j i k a n .
Writ of Certiorari: In In
Hari Vishnu
Hari VishnuKamath
Kamathv. v.
Ahmad Ishaque
Ahmad (AIR
Ishaque 1955
(AIR SCSC
1955 233), thethe
233), Court laid
Court down
laid down
the scope to file a writ of certiorari as under:

(1) When there is an error of jurisdiction.

(2) When the court has not given the pr r both parties to be heard or has violated
(2) When of
principles thenatural
court justice.
has not given the pr _>n er i e fc r both parties to be heard or has violated

(3) If the error is evident.

Writ of Prohibition: In
In East
East IIadia Con mu rcial
rcial Co.
Co. Ltd
Ltd v.
v.Collector
Coll of Customs (1962 AIR 1893), it was
held that a writ of pro aibition u '*». orcu r directed to to an
an inferior
inferior Tribunal
Tribunal forbidding
forbiddingit itfrom
from
continuing with a proceedir j the> ■'inon hr ground of jurisdiction.

Writ of Quo Wurrantc: In Univsrsitv of Mysore Mysore v.v.GoGovinda Rao. the Supreme Court observed that
the
the procedu
procedu , e of quo /Vc. ranto confers the
ranto confers the jurisdiction
jurisdiction and
andauthority
authorityononthethejudiciary
judiciary
to to control
control
executiv
executiv _ act. n ii. iaki' r the appointments to public offices.
the appointments to public offices.

45)
45) Explain
Explain the
the importance
importance of
of writs
writs with
with the
the help
help of
of case
case laws
laws
45) Explain the importance of writs with the help of case laws
Covered in Q. 44 above (pages 22-23)
Covered in Q. 44 above (pages 22
 31

46) Discuss the concept of administrative discretion?

Administrative discretion refers to the flexible exercising of judgment and decision making allowed
to public administrators. Regulatory agencies have the power to exercise this type of discretion by
choosing from various available alternatives, in their day-to-day activities without reference to any
predetermined criterion.

Given that it is humanly impossible to lay down a rule for every conceivable eventualit
y, ?
reasonable degree of administrative discretion becomes a necessity for the orderly functi ventualit
- ing F
reasonable
the degree of
administrative administrative
authority. Hence discretion
authoritiesbecomes a necessity
are empowered to for
usethe orderly functi
discretion t j deal v :t h
the administrative
different authority.
situations while Hence authorities
implementing are
the policies sofofempowered
the to use
theGovernment.
Government. discretion
However,
However, inin tthe exercise of
the r eri e o.
such discretion, the concerned authority must ensure that
s of the Government. However, in the exercise of
(1) it is within the jurisdiction of the authority

(2) it is not arbitrary

(3)
(3) itit does
does not
not exclude
exclude any
any relevant
relevant consideration
consideration or
or include
include any
any ii i rele a m on_ V rations
rations
(4) it is not driven by malafide

(5) it is not for an improper object

(6) it is not a colourable exercise of power

(7) that the rules of natural justice are followed

(7) that the rules of natural justice are followed
(8) it is reasonable and the Doctrine of Pro is adhered to
(8) it is reasonable and the Doctrine of Pro no- .lonalitv is adhered to
(9) it is in tune with the Doctrine of Legitimate Expectation
9) it is in tune with the Doctrine of Legitimate Expectation

47) Explain the power of authorities to use discretion in implementation of the policies of
Government

Ans:
Give,i that it is - i r anly impossible to lay down a rule for every conceivable eventuali
Give
r _asor ...J 0 g ’■" e of anly impossiblediscretion
administrative to lay down
becomesa rule for every
a necessity for conceivable eventuality, ofa r
the orderly functioning
t he d r mi. V ive authority. Hence authorities are empowered to use discretion to deal withof t
e of administrative discretion becomes a necessity for the orderly functioning
’h. rei. '
ive authority.
ituations Hence authorities
while implementing are empowered
the policies of the to use discretion to deal with
s i ~hg y ituations
retion,while implementing
the concerned the policies
authority of thethat
must ensure Government. However, in the exercise of
retion, the concerned authority must ensure that
(1' it is within the jurisdiction of the authority
it is within the jurisdiction of the authority

(2) it is not arbitrary

(3) it does not exclude any relevant consideration or include any irrelevant considerations

(4) it is not driven by malafide

 32

(5) it is not for an improper object

(6) it is not a colourable exercise of power

(7) that the rules of natural justice are followed

(8) it is reasonable and the Doctrine of Proportionality is adhered to

(9) it is in tune with the Doctrine of Legitimate Expectation

48) What is the primary object of Administrative Law

■>sit intv actr
The primary object of administrative law is to protect the interests of the public , blue f - /
with the
The primary object of administrative law is
government and its agencies. The fundamental aim tal to protect the
is toaiminterests
provide of
is to provide the public with
eventing
eventing
, , 'ovi le c.
abuse, non-useuseof ofpower
powerbybyadministrative tal aimand
administrativeauthorities
authorities isand
tothuprovide
thu ■nments itnu.z mechanism
mechanism eventing
for
government
governmentwhich
whichis istransparent
transparentandandaccountable.
accountable. It Itkeeps
keepsgove gove
.ter. \ i u s (be / iesieswithin
within their
bounds so that the legitimatemate interests of citizens
interests do not
of citizens su
do not_opsu m+c, ct tize •- imary imaryobjective
objectiveofof
administrative law is to limit the powers of the government <-•bod ' or r les against their abuse.InIn
their abuse.
other words, we can define administrative law as th \/ern °nt. , regulations
regulations, orders, and
decisions created by the administrative agencies of go

49) Write Short note on COPU

The Committee on Public Undertakings ( ommittee of selected members of parliament,

The Committee
constituted onpurpose
for the Public Undertakings
of ex ining( "OP a c ommittee
the J is rts of selected
and accounts of the members of parliament,
public sector undertakings
constituted
(PSUs).
(PSUs). This for the purpose
This committee
committee alo of
alo examining
an, the
ee Public
Public rts a
Accounts committee
•'epc Accounts committee (PAC)
(PAC) and
and the
theEstimates
Estimates
(PSUs).
committeeThis committee along with the Public Accounts committee (PAC) and the Estimates
committee (EC)
(EC) are
are the
the thr
thr (g wit. >. ding ding committees
committees of
of the
the Parliament
Parliament of
of India.
India.
eewent
fihv. two
"iai tan)'
The
The committee
committee consists
consists of t — jers mbers,mbers,
and . of t
fifteenfifteen
elected by Lok
elected by Sabha,
Lok Sabha,the lower househouse
the lower of theof
Parliament,
the Parliament, and even
mer seven
.wx. m m of Rajya Sabha. The members are elected every
' r of Rajya Sabha. The members are elected every year from year from
amongst
amongst thethe s of th espective houses
uti n b\ r .an:s o4of the respective houses according
according toto the
the principle of proportional
principle of proportional
represent
represent
i . Tb . i«_ m u. . single transferable vote. The chairperson is appointed by
single transferable vote. The chairperson is appointed by the Lok the Lok Sabha
Sabha
speake
speake
.nber oi he cc i z ffice
ffice ofof the
the members
members is is one
one year. A minister
year. A minister isis not
not eligible
eligible toto become
become aa
me
me
mem'/er’ ' m u r
mittee.
mittee. If If aa member,
member, after
after his
his election,
election, becomes
becomes aa Minister,
Minister, hehe ceases to be a
date of such appointment.
date of such appointment.
 33

50) Distinguish between English Administrative Law and Indian Administrative Law

While Indian Administrative Law is based primarily on English administrative law and both deal with
common topics, there is one fundamental difference which contributes significantly to the variance
between the two. In England, the Parliament and not the judiciary is supreme, whereas in India,
the Constitution (which provides for judicial review) which is paramount.

English courts have no power to declare any law passed by Parliament as unconstitutional. An
Englishhas
which courts haveofnoParliament
the seal power to declare any law
is the highest passed
form by and
of law Parliament as challenged
cannot be unconstitutional.
beforeAn
t / Act
which has the seal of Parliament is the highest form of law and cannot be challenged before t
courts. ie L '

In India, on the other hand, the Constitution confers almost unlimited powers to the judiciary to
strike down any law if it is unconstitutional. Judicial review extends even topowers ju to the judiciary
dicial a ~isic
ns. Theto
judiciary's powers are not
confined only to a review of judicialextends evenAny
decisions. to jua ve ns.and
'minist it !
The
legislative action is also liable . Any a ve
liableto tobebestruck
struckdowndownif ifit itis isunconstituti
unconstituti jnal. Infact,
fact,itit isis not
not just
just
liable to
administrative law and legislation which be struck down
is subject if it
to judicial is unconstitutional.
review butbut
e of 'even In
bethe fact, it is
constitution
<cthe
f’ constitutionnot just is
itself
which is subject to judicial review even itself
subject to judicial review and can be struck down ifown violativ
if violativ amework
amework of ofthe
the
constitution.

51) What is the difference between Administrative Law and Constitutional Law
51) What is the difference between Administrative Law and Constitutional Law
The difference between Administrative Law Law is very aptly described by Hood
The difference between Administrative Law
Phillips who said that Constitutional law is c .nd C nsc? jtio i Law
/ is very aptlyand
h the organisation described by Hood
functions of the
hat Constitutional
government at rest, whereas administrat law is c
'nc< ned v..- h the organisation and functions
erned with the organisation and functions of the
in
government
motion. at rest, whereas administrat
ive la' is co r erned with the organisation and functions in

Whereas the Constitution o < India du als with the the composition
composition and and power
powers of the legislature,
Whereas the Constitution of India deals with the composition and power
executive and judiciary, admii.. *r a i /e . aw deals with public departments, local authorities, authorities,
statutory bodies and the lik i . 'S, wri st r onstitutional law deals with the constitutional constitutional status
status of
of
civil servants, administrative
. lav focu ses on the working of the different departments of the
government an
government and how how
u how
dministr
administr
administrative
a
uthorities
authorities
Jtive -
can
can be kept
be kept in
kept in check.Under
incheck.
check. Underthe
Under theprovisions
the provisionsofof
provisions ofIndia's
India's
India's
written
written cons
cons dtuti n, t \ e i > upreme
upreme Court
Court and
and the
the various
various High
High Courts
Courts have
have the
the power
power to
to adjudicate
adjudicate on
the the
c c >nstii +io> < val r ty ty of
of legislative
legislative and
and administrative
administrative acts
acts of
of the
the government.
government.

52) State Dicey's three postulates of the Rule of Law

Dicey's three postulates on the Rule of Law are:

The supremacy of the law emphasizes the predominance of regular law as opposed to the
(1) The supremacy
prevalence of wide, of the law discretionary power. A person can be punished only for a breach of
arbitrary,
the law and for nothing else. discretionary power. A person can be punished only for a breach of
prevalence of wide, arbitrary,

(2) Equality before the law postulates that all persons whatever be their position or rank are
subject to the same law.
 34

(3) Predominance of the legal spirit emphasizes the role of courts and lays greater importance on
courts in view of the fact that the English constitution is unwritten and mainly a product of judicial
pronouncements.

53) Critically discuss Dicey's doctrine of rule of law & elaborate its application in the Indian
Indian Constitution

Dicey's doctrine lays down three principles for the rule of law and these are:

(1) The supremacy of the law emphasizes the predominance of regular law as
emphasizes
prevalence of wide, arbitrary, discretionary theApredominance
power. person can be of regular law asoppo ed g +he
punished of
prevalence
the law and of
forwide, arbitrary,
nothing else. discretionary power. A person can be punished >nly tv. a b ?ac\ of

(2) Equality before the law postulates that all persons whatever b sition or rank are
subject to the same law. postulates that all persons whatever bbe ktheir
thei position
pc sitionororrank
rankare
are

(3) Predominance of the legal spirit emphasizes the role of eater importance on
emphasizes the
courts in view of the fact that the English constitution is urole of eater importance
and mainly a product of judicialon
courts in view of the fact that the -
English constitution is u .ourts and
nd mainly
.ay gr a product of judicial
pronouncements.
<iwrd._.

The Constitution of India is based sedon the

on concep
the concepi of r u k aw. In fact,
1 aw. thethe
In fact, Preamble
Preambletotothethe
Constitution enunciates the triple concepts of just :e lit 't* and and equality.
equality. Fundamental
Fundamentalrights rights
(including the right to equality) are guara ,raed ' ' Par. 111 of the the Constitution
Constitutionand
andthese
these rights are
made justiciable by Arts. 32 and 226. The Cons ituti n is supreme and the executive, executive, thethe legislature
legislature
and the judiciary are all subject to this all- 'er ading C’ arter.
arter. The doctrine
doctrine of
of judicial
judicialreview
reviewhashasbeen
been
accepted in toto and writ petit .on. can ben be filed in the Supreme
in the Supreme Court
CourtandandthetheHigh
HighCourts
Courtsforfor
violation of fundamental rights.

54) What are the three main organs of government? What are their functions?
54) What are the three main organs of government? What are their functions?
The three o government, are the legislature, the executive and the judiciary. The
The three
legislatur o rgans of ,ie government, are the them
e executive enforces legislature,
and the thejudiciary
executiveapplies
and the judiciary.
them to the specific
legislatur
cases e m '-es
L
e executive
e breach
ws, > of law. Prima facie it appears that our constitution hasthe
enforces them and the judiciary applies them to specific
based itself u
cases arisir { out 'f paration
th e breach of law. Prima facie it appears that our constitution has based
of powers, but in practice the separation is not strictly adhered to. itself
u .on d 'trh. ' of ' > paration of powers, but in pract
is independent in its field and there can be no interference with its judicial functions
> e Juc cia’the/ isexecutive
independent or in
theitslegislature.
field and there can be the
However, no interference
executive haswitha its judicial functions
significant role in the
t ap
t h . ■ by the executive or the legislature.
tment of judges. There are several provisions in the Indian Constitution which provide for
ap 'oir t
ers, privileges and immunities, including immunity from judicial scrutiny into the proceedings of
ers, privileges and immunities, including immunity from judicial scrutiny into the proceedings of
povthe house, bestowed upon the legislature and the legislators. Such provisions are thereby making
the house, bestowed upon the legislature and the legislators. Suc
legislature independent, in a way.

However, the executive is not independent. The executive is a part of the legislature. It is responsible
to the legislature for its actions and also it derives its authority from legislature.
 35

55) Explain classification of administrative action with illustrations

Administrative action is of three kinds- quasi-legislative, quasi-judicial and purely administrative.

Quasi-judicial actions include features of both pure administrative actions and judicial powers, and
hence are naturally amenable to judicial review.
When an administrative authority prepares and adopts schemes, issues and cancels licen <ses, k

When an administrative authority prepares and adopts schemes, issues and cancels licen performs
<aws, r 'xei>
administrative functions. However, when it frames rules, regulations and bye- Again, w
legislative function. .ien °ttk '
prices, etc., it is performing a legislative or a quasi-legislative function. Again, w
judicial function
_>.Som t i r ,es ■J'
disputes or imposes fines and penalties, it is performing strativequasi-judicial
action. Whenfunction
an adm uthority
inistrai e a
prepares a scheme under the Motor Vehicles Act, it is involved in functions
these functions come into play in a single administrative action. When an adm which ture of
uthority
are a i ix
prepares a scheme under the Motor Vehicles Act, it is involved in functions which ture of
executive, quasi-legislative and quasi-judicial functions.

A further distillate of administrative action is ministerial action. M is that action of

ministerial
the administrative agency, which is taken as matter of duty imp action. M
iinisteriai e law is
ction
that action
devoid of anyof
the administrative agency,
discretion or judgment. which is taken as matter of duty imp jsed i j o r x by v
e law devoid of any

56) Write short note on Judicial and quasi judicial function

A judicial function
function involves
involves the
the following
following five
five
r
eq«.‘ ites:
(1) There is an existing dispute between t rties.
wo p m o r e |Z
(2) The parties present their arg ts.
(2) The parties present their arg jmer> ts.
(3) When there is a disput ct, parties present their evidence, followed by arguments
(3)such
on Whenevidence.
there is a disput jd q u u '■’on if fa ct, parties present their evidence, followed by arguments

(4) When there is puted question of law, legal arguments are advanced on behalf of the parties.
(4) When there is aa disputed
dr question of law, legal arguments are advanced on behalf of the parties.
(5)
(5) Finally,
Finally, tt"ere ’ a e c s k nn in
in the
the matter,
matter, which
which is
is arrived
arrived at
at by
by applying
applying the
the law
law to
to the
the facts
facts that
that
are prov ed.

W five
fiv requisites are present, the function performed would be a judicial function.
.ien p" th< abo' ? ays present in court proceedings.
ays present in court proceedings.
All tF ?se ji alv
is said to be quasi-judicial' when conditions (1), (2) and (3) are present. Condition (4) may
/ du 'siop notisexist
said and
to becondition
quasi (5) is never involved. In place of that, administrative discretion is
rcised
o r ma'
not
by exist
the and
administrative authority.
rcised by the administrative authority.
exe
 36

57) Write Distinction between quasi judicial and administrative function

A quasi-judicial function is one in which a dispute between two parties is being decided by an
administrative authority. An election dispute between two candidates being decided by the Election
Commission would be considered a quasi-judicial function being performed by the Election
Commission.

An administrative function, on the other hand, would not involve two independent parties
function,
rather a dispute between on the other authority
an administrative hand, would
itselfnot
andinvolve
another two independent
party. issue but
parties
Generally, the
rather a dispute
involves between
the exercise an administrative
of some power by the authority itself andauthority
administrative another party. Generally,
with respect theissue
to an issueon
which the authority has the power to grant or revoke something. For example the cancellation of to an issue
a on
drivingwhich thefor
licence authority has the power
serious violations to grant
of traffic or revoke something. For example the cancellation of a
laws.

Often the dividing line between what is quasi-judicial and what is administrative is rather thin. Based
on decisions in
on decisions in cases,
cases, itit has
hasemerged
emergedthat
thatmatters
matterslike
like disciplinary
disciplinary proceedings
proceedings ther
against
against thin. Based
a student,
a student,
on
dismissaldecisions
dismissal of in cases,
an employee
of an employee for it has emerged
for misconduct, that matters
misconduct, ananorder
orderfor like disciplinary
forassessment proceedings
assessmentofoftaxtaxetc.etc. against
areare a student,
quasi-judicial,
quasi
whereas matters like an order of preventive detention, an order
e detention, an ordersetting
setting up a CommissionInquiry,
<i with up a Commission of an
of Inquiry,
orderangranting sanction sanction
order granting to prosecute a public aservant
to prosecute public fa in thethe
servant fall within realm
realmofofadministrative
administrative
action.

58) Explain delegated legislation with reference to leading cases

58) Explain delegated legislation with reference to leading cases
Delegated legislation is a process by whic . ’■he ■‘xecut..' authority is given powers by primary
legislation to make laws in order process
to imbyaleme
whic dministerauthority is given of
the requirements powers by primary
that primary
t anc. ?
legislation to make laws in order to im dminister the requirements of thatmeworkprimary of
legislation which is referred to as the 'enabling act'. The 'enabling act' lays down the fra
the
the law
law while
while the
the detailed
detailed pres
pres .riptiG ns
ns and
and ststipulations
lations under
under that
that law is delegated
law is delegated toto an
an executive
executive
the law while
authority. An the detailed
example of prescriptions and st 'p’ lations
islation is the under thatRegulation
Banking law is delegated
Act to an executive
under which the
authority. An example of jelegatec le islation is the Banking Regulation Act under which the
c

authority
authority is
is vested
vested with
with tt ,ie RRi

The delegation of legislative

legislative rmissible
rmissibleonly
onlywhen
whenthe
thelegislative
legislativepolicy
policy isis adequately
adequately laid
laid
down and the d is em oowf
down and the delegate empowered
is em ■is to
p> carry
to carry out the
out the
to carry policy
out policy within
within
the policy the guidelines
the guidelines
within laid
laid laid
the guidelines down
down byby
down bythe
the the
r
legislature. elegatt \ were '

In the case ot . K. ii.m- stries Limited v. Union of India [(2007)

[ 13 SCC 673], the Supreme Court
ex gained
ex t •’ limi i> on delegated legislation
on delegated by stating
legislation thatthat
by stating though the the
though Legislature has has
Legislature wide powers
wide powers
of de ega . n, n '
annot delegate uncontrolled power and the same is confined by legislative policies
annot delegate uncontrolled power and the same is confined by legislative policies
\ d gu leli e
s.
s In re Delhi Laws Act case (AIR 1951 SC 347), the majority of the Judges held the
ofofdelegated
delegatedlawlaw-making power invalid because the enabling Act exceeded the
e 'ei :se
con utional limits in permitting the Executive to repeal a law law existing in the area.
sti+
 37

59) What is subordinate Legislation

Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation or

subsidiary legislation) is a process by which the executive authority is given powers by primary
legislation to make laws in order to implement and administer the requirements of that primary
legislation. Such law is the law made by a person or body other than the legislature but with the
legislature's authority. The legislature lays down the basic framework of the law while the executive
authority is empowered to promulgate rules and regulations under that law.

Rules and/or Regulations made by the Executive, are the most common forms of
Rules and/orRegulations
Legislation. Regulations made
of RBI fallby the category.
in this Executive,Bye-laws
are the made
most by
common forms of Delegc ed
a Local Govern
are another type of delegated legislation. Local Govern
ment aui -»rit>

60) Define delegated legislation and explain the factors leading to growth of delegated legislation
in India

Delegated legislation is a process by which the executive authorit o gi ?n powers by primary

legislation to make laws in order to implement and adm iinist r t h . requ’ rements of that primary
legislation which is referred to as the 'enabling act'. The 'enabling act' lays down the framework of
the law while the detailed prescriptions ands stipul ,cionc 'mck ' that ’ aw aw
and stipul is delegated to toananexecutive
is delegated executive
authority. An example of delegated legislatio a is ' le ’><_ 'kinr Regulation Act Act under
under which
which the
the
authority is vested with the RBI.

The
The principal
principal factors
factors leading
leading to
to the
the growt
growt n of d legate J ’egislation
egislati are:
(1) Requirement of technical exp e
jrtk
(2) Complexity of the mode
(2) Complexity of the mode . n St~f e
(3) Pressure on Parliament e
(3) Pressure on Parliament ? y t i n . e
(4) Requiremen . o f flex ibility to :mple’ment the law at speed to address contingencies
Requiremen of flexibility
(4) Requirement ibility to implement the law
ment the law at
at speed
speed to
to address
addresscontingencies
contingencies
(5) Experi a t *atr n o tt r ut rules and amend, if required
(5) Experi ut rules and amend, if re
(6) E ns
(6) Emerge cysiti tjr ns
standing of ground realities.
f7) B tte u der standing of ground realities.
 38

61) Discuss the different forms of delegated legislation. State its importance in a welfare state

Broadly speaking, delegated legislation can be classified in the following forms:

(1) Title-based classification such as Rules, Regulations, Circulars, Notifications, Orders, Directions,
Bye-laws, Schemes, etc.

(2) Purpose-based classification where, for instance, the executive may be empowered to decide
day on which a particular
cularAct
Actisistotocome
comeinto
intoforce
forceor
ortotoextend
extendthe
theapplicability
applicabilityofofan
anAct
Acttt the
territories or to include or exclude the operation of an Act to certain territories, persons,
territories or to include or exclude the operation of an Act to certain territories, persons, » mor .
or to suspend or modify the operation of the Act in given circumstances, and so on. indu. ■•'ies

(3) Discretion-based classification, also called "conditional" or "contingent" legi e

based
executive is given theclassification, also
task of bringing thecalled "conditional"
Act into force whenorcertain
"contingent" legiarj a t i o i . ;s wd.' ere r' e
conditions 3
executive is given the task of bringing the Act into force when certain conditions ar fulfill*. d.
(4) Authority-based classification in which a statute may authorise the e ve to further delegate,
hich hich
a statute may authorise the e ve to further
a statute may authorise the executive
. •’Cut delegate,
to-delegation".
further delegate,
to a subordinate authority, t h e power conferred o n it. This is often referred to as "sub
62) Explain the doctrine of excessive delegation

According to the doctrine of excessive delegation, legation, if if excessively

excessivelydelegates
delegatesitsits
t h e egi'.atire
legislative function to any other authority, such dele unconstitutional. ItItmust
unconstitutional. mustbebe
Oatio> vill . ">h< ''
borne in mind that the separation of the legislatu utive is aa core
corespirit
spiritenshrined
enshrined in
r e f r .. t h e v ' r
the constitution though it is not fully achieva delegation which
which seems
seemstotoblur
blur
thethe
,ie in r al>' / . •‘v
lines between the legislature and the execu emed as unconstitutional.
<iv e c Id be 4z'

Thus, what constitutes excessive is not ea able. Muc

Much of what has emerged is based on
sily etermi--
decisions of the court and some of the the lan
lan cases include Re: Delhi Laws Act, 1912, Gwalior
w "Imark
Rayon Mills Mfg. Co. Ltd v. AsAssistant Commis
Commisoner
Commissioneroner of
of Sales and Hamdard
Sales and Dawakhanav.
Hamdard Dawakhana
Dawakhana v.Union
v. Unionof
Union ofof
sistar | J
India.

In the above background, ciples are to be kept in mind:

In the above background, "■Ie folk wing | 'ir ciples are to be kept in mind:
(1)
(1) Essential
Essential le
le function ot be
functions cannot be delegated.
delegated. In
In other
other words,
words, determination
determination of
of legislative
legislative
(1) Essential
policy legislative
slativtfunction s ot
can' be delegated. In other words, determination of legislative
policy canno ..
j(
canno
<.be c'elep tet-
(2)
(2) Ke
Ke the complexities of
the complexities of modern
modern administration,
administration,the
theneed
needforford delegation is well
ap
ap .ping <n . 'inulegislature
must
legislature lay
must lay down the legislative policy without which the delegation
xcessive.
,reciatec but t u-
xcessive.
may ' e d men r
(3).
(3). If
If some
some power
power is
is conferred
conferred on
on the
the executive
executive in
in aa manner
manner that
that is
is lawful
lawful and
and permissible,
permissible, such
such
n cannot
le isla n.' canno
t
amount to excessive delegation, merely on the ground that the legislature itself
COv./' have made more detailed provisions.

(4) Certain powers like power to repeal a law, unlimited power to modify a statute, unlimited power
to exempt any person from the provisions of the statute, excessive power to remove difficulties in
implementing the statute, power to give retrospective effect, power to adopt future laws,

offence would
imposition all tax,
of new be trapped
ousting under the doctrine
t h e courts' of excessive
jurisdiction, power to delegation.
determine what constitutes an
 39

63) What is contingent Legislation

When the law is complete and certain conditions are laid down as to how and when the law would be
applied by the delegate, it is conditional or contingent legislation. It includes no law-making
powers but only the power of determining when it should come into force or when it should be
applied. Conditional legislation is when legislature itself enacts the law and gives to some other body
the power to determine when it should come into force or when it should be applied to a particu .ar
area or territory of the state.

Conditional delegation takes place where the legislature empowers the executive to:

1 ) Extend the operation of an existing law to a particular area or territory;

2) Determine the time of application of an Act to a given area;

3)
3) Extend
Extend the
the duration
duration of
of aa temporary
temporaryAct,
Act, subject
subject to
to maximum
maximum period
period ffixed
f . ° d by
b the
legislature;
th< legislature;
legislature;
4) Determine the extent and limit within which it should be operat <ve.

64) What is sub-delegation Legislation

Sub-delegation
delegationtakes place
takes when
place whenan an
ActAct
confer
confer tivetive
power
powerononthetheexecutive
executive and
and the
the
, s o r r . i t ’sla
executive, in turn, delegates the same power erson, authority or
executive, in turn, delegates the same powercOa r b u r <na c.■ erson, authority or agency. Thus, the agency. Thus, the
Essential Commodities Act, Act,1955,
1955,empowe
empowe al alGovernment
Governmenttotomake make rules
rules for
for the
the
enforcement of the Act. This may be c
enforcement of the Act. This may be •sc v ? Cei... ee delegation. The Act also empowers
ee delegation. The Act also empowers the the
Central Government to delegate this
Central Government to delegate this powepowe governments
governments(second(seconddegree
degreedelegation).
delegation). Now,
Now,
ailed rst-ck y
iff this fpower is delegated by a
this power is delegated by a state overnme
overnment
governme to an
to an to agency
agency
an of the state
of theofstate
agency the government,
government,
state thisthis
government, can can
thisbecanbebe
' .o state
said to be third-degree
degree dele
dele
.cate L nt

In one case, an Act pr n suits against

against tenants
tenants could
could be
be filed
filedonly
onlywith
withthethe
permission of a District Magi officer authorised by him. The District Magistrate passed an an
-»vi eu h a t e\
order authorisi dditional
authorising an Additional
order authorisi dditional ct Magistrate to exercise this power, and this delegation
to exercise this power, and this delegation was was
ctic District Magistrate to exercise this power, and this delegation was
held by the
held by the to
to be valid. (Central Talkies Ltd.
be valid. (Central Talkies Ltd. v.
v. Dwarka
Dwarka Prasad,
Prasad, AIR
AI 1961 SC 606).
stratf o r a>.

65) Delegated Legislation is a necessary evil, Discuss

Given the complexity of modern world and state being the instrument of social welfare, delegated
Given the complexity of modern world and state being the instrument of social welfare, delegated
It 7ISk '"'O’ has become very important and inevitable.
has become very important and inevitable.
It is necessary because:
necessary because:
(1) Parliament lacks sufficient time to deal in detail with the vast and varied legislation required to
meet the needs of the government.

(2) Legislature lacks technical skills, expertise on matters which necessarily require such expertise
 40

(3) A delegated legislation provides flexibility which is so necessary to address situations which
cannot wait

(4) It entails public participation as the administration is closer to the public.

It is evil because:

(1) Gives rise to a new despotism. As executive may make rules violating rule of law

(2) It bypasses the scrutiny of the legislature for a considerable amount of time

(3) It violates the principle of separation of power and leads to centralization pecially
(3) It violates the principle of separation of
when coupled with administrative adjudication power and leads to centralization if pow - e. pecially

(4) Lack of due deliberation & lack of participation of people may lead t making
ck of due deliberation & lack of participation of people may lead t j < ■'fai law making
(5) It provides excessive power to the Bureaucracy with the potential to compromise people's
welfare.

Considering its necessity, the need is to reduce its evil c measures of parliamentary
controls,Considering its necessity,
procedural control the need
and judicial is to reduce
control. Peo its evil ■ct’.roition
.rractc jb and measures of parliamentary
deliberation can mitigate
some evilness of the delegated legislation. pie's pa '‘icip. tion and deliberation can mitigate

66) State the functions of Scrutiny Committee

The most effective control th

th that LokSabha
Sabha
Sabha cises
exercises over
cises subordinate
over
over subordinate
subordinate legislation isisthrough
legislation
legislation isthroughitsitsits
through
Scrutiny Committee (Commi .1 Lo. ordinate ■*xr
Legislation). For the first time the Committee was
Commi ordinate Legislation
constituted in December ttee on . nL constituted since then from year to year.
constituted in December constituted since then from year to year.
z 1953 aria ' bee.
The functions of the
unctions Commit
of the Commit inate Legislation
inate areare
Legislation to scrutinize and
to scrutinize report
and reporttotothe
theHouse
House
tee o Sub. ■
whether
whether the
the ppowers to to mak
mak ulations, rules, sub
ulations, rules, sub-rules, bye-laws etc. conferred by the
owers « rep
Constitution y Parliament are being properly exercised within such delegation.
or de ega _d .
Constitution
The co ed toy consider
Parliament are being properly exercised wit
nmit'_c re _/. -
(1) ord with the general
h
objects of the Constitution or the Act pursuant to which it
The/vhethe.
co ;t is in ~u
ed to consider
(1)ma ,e
.s ord with the general objects of the Constitution or the Act pursuant to which it
contains matter which in the opinion of the Committee should more properly be dealt
x ' ' wne ner n of Parliament
Act
contains matter which in the opinion of the Committee should more
v iti. 'n anher it contains imposition of any tax
IJ
>t wh»" Act of Parliament
whether it directly or indirectly bars the jurisdiction of the courts
(4)’ whether
(5) her itit gives
contains impositioneffect
retrospective of anytotax
any of the provisions in respect of which the Constitution
whether it directly or indirectly bars the jurisdiction of the courts
or the Act does not expressly give any such power;
(5) whether it gives retrospective effect to any of the provisions in respect of which th
(6) whether it involves expenditure from the Consolidated Fund of India or the public revenues;
(7) whether it appears to make some unusual or unexpected use of the powers conferred by the
Constitution or the Act pursuant to which it is made;
 41

(8) whether there appears to have been unjustifiable delay in its publication or in laying it before
Parliament; and
(9) whether for any reason its form or purport calls for any elucidation.

67) Define delegated legislation and discuss the grounds for judicial control over delegated
legislation

Delegated
Delegated legislation
legislation is
is aa process
process by
by which
which the
the executive
executive authority
authority is
is given
given powers
powers byby b irrio. '
legislation to make laws in order to implement and administer the requirements of t
equirements of t aat prir> vy
legislation which is referred to as the 'enabling act'. The 'enabling act' lays down the framework of
the
thelaw
lawwhile
whilethe
thedetailed
detailedprescriptions
prescriptionsand
andstipulations
stipulationsunder
underthat
thatlaw
lawis isdelega
delega ,ed <' an e ecu i>'
v
authority. An example of delegated legislation is the Banking Regulation
delegated legislation is the Banking Regulation Ac Acundei vhiu>' the the
authority is vested with the RBI.

The power of examining the validity of delegated legislation in India h in the Supreme
The power
Court and theofHigh
examining
Courts.the validity
Judicial of delegated
control legislation
over delegated in Indiaas
legisl h bu n ,Q<;teL.by inapplying
the Supreme
two
tests: egated legisl
jtion n xe. 'ser* by applying two

(1) Substantive ultra vires and

(2) Procedural ultra vires

The invalidity of delegated legislation may aris following reasons:

e frc i an’ o f ' <'
TheThe
(1) invalidity
enablingof Act
delegated legislation
or delegating may aris
statute utional.following reasons:
oein£ jncc 'stif
(1) The
(2) The subordinate
enabling Actlegislation
or delegating statute
violating the C tion.
onstit’
(3)
(2) The subordinate legislati
legislation violating thevires
C the delegating
tion. Act.
(3) The subordinate legislati >n being Itk vires the delegating Act.
(4) The procedure prescri ct has not been followed usually issues of publication
(4) The
and procedure prescri
consultation. be . uy 'he pa. mt r ct has not been followed

68) What is doctrine of ultra vires

The do n m of i T ra vires vires refers

refers to
to an
an act
actwhich
whichisisultra
ultravires
viresi.e.
i.e.it itis isbeyond
beyondthetheauthority
authorityor or
jurisdiction e person
•urisf icti r. 'foft hthe person who
whohashas
done it. it.
done However, thisthis
However, does notnot
does necessarily
necessarily mean
meanthan such
than anan
such actact
i
s ’legei V r
question is about the competency of the person to do that act and not
question is about the competency of the person to do that act and not whether such whether such
egal.
! 1egal.
a at s

effect of of
effect anan
ultra vires
ultra actact
vires is is
that it has
that nono
it has legal effect
legal whatsoever;
effect it is
whatsoever; a nullity
it is in in
a nullity thethe
eyes of of
eyes
The
law. In Lohia Machines Ltd. v. Union of India (
law. In Lohia Machines Ltd. v. Union of India (AIR 1985 SC 421), the Supreme Court observed that "If
a rule made by a rule-making authority is outside the scope of its power, it is void, and it is not at all
relevant that its validity has not been questioned for a long period of time. If a rule is void, it remains
void - whether it has been acquiesced or not."
 42

In respect of a delegated legislation, the validity is examined whether it is (1) Substantive ultra vires
and (2) Procedural ultra vires. The invalidity of delegated legislation may arise from any of the
following reasons:

(1) The enabling Act or delegating statute being unconstitutional.

(2) The subordinate legislation violating the Constitution.

(3) The subordinate legislation being ultra vires the delegating Act.

(4) The procedure prescribed by the parent Act has not been followed usually issues o
and consultation. usually issues oi puh’icav n

69) What is substantive ultra vires

Substantive ultra vires means that the delegated legislation goes b of the authority
Substantive
conferred ultra
on the vires means
delegate by the that theAct
parent delegated
or that legislation
it violates sgoes bjyond th. ;cop.the Constitution
of the authority
of
India. he parent Act or that it violates s
j m e rov: ,ion u ' the Constitution of

A review of case-law shows that the Supreme Court delegated legislation on the
law ultra
ground of substantive shows thatinthe
vires theSupreme
followingCourt
ca .ias "’;ul dowdelegated
. legislation on the
_>es:
(1) When the parent Act is unconstitutional

(2) When the parent Act delegates an ess function

(2) When the parent Act delegates an ess .ntial ?gis. +ive function
(3) When the delegated legislation is inconsis th the parent Act
(3) When the delegated legislation is inconsis tent w : th the parent Act
(4) When the delegated legis sistent with general law
(4) When the delegated legis sistent with general law
(5) When the delegated l -ation is ic<_ itutional
(5) When the delegated l itutional
(6) When the del °gr iai, n is Un
d legislatio ons+
reasonable
(6) When the delegated legislatio reasonable
(7) When th _gat< islation is <is u r fide
mala
(7) When th 1 islation is mala fide
dek 'at' j i g
(8) W legislation amounts to sub-delegation
(8) W legislation amounts to sub
■en tF 3 de« ''ate'”
review has been excluded
review has been excluded
d)W'<en 'diL>u >
(t e delegated legislation is given a retrospective effect.
(l c ' W i - ' e delegated leg
 43

70) Write Short Note on Delegatus non potest delegare

The maxim Delegatus non potest delegare, is a Latin phrase which refers to a principle of
constitutional and administrative law. It means that a delegated authority cannot be delegated
further. Therefore, if the delegate chooses to sub-delegate the power conferred on him by the
parent Act to another person, such action will be struck down, unless the parent Act authorises him to
do so either expressly or by necessary implication.
In Gullapalli Nageswara Rao v. APSRTC (AIR 1959 SC 308), an Act had authorised the Minister t j h t '
the parties and pass a final order in certain situations. The Minister delegated the lunctio, of
hearing to his Secretary, who heard the parties and prepared a note and
the parties for the Mini a note for the Mini
prepared □ter, ,(/h< '■hei.
passed the final order. The Minister's order was struck down by the court, which observed, "If one
person hears and another decides, personal hearing becomes an empty formality.

In the US case of Panama

anama Refining
Refining Co.
Co.v.v.Ryan
Ryan[(1934)
[(1934) 293
293 US
US 388],
388], pop
pop dlarl' k> own
own as as thehe HotOil
’ Hot Oil
Case, the Presidentanama
of USARefining
was Co. v. Ryan
authorised by [(1934) 293to
Congress USprohib
388], .popularly
i tra sfi - known
nf c il asin heinter-State
Hot Oil
Case, the President of USA was authorised by Congress to prohib il in inter
commerce in excess of the quota fixed by the concerned State.
commerce in excess of the quota fixed by the concerned State. Th Th a ob’' of i ° A r t containing such

authorisation
authorisation was
was "to
"to encourage
encourage national
national industrial
industrial recover
recover y" ant f str rr fairfair competition".
competition".
Observing that Congress had not laid down any legislative
Observing that Congress had not laid down any legislative polic' +a>.1ard, the US Supreme Court
ard, the US Supreme Court
held, by a majority, that the delegation was invalid.

71) What is procedural ultra vires

When a subordinate legislation fails to corm y wit.procedural requirements prescribed by the

When Act
parent a subordinate
or by general legislation
law, it isfails
knownto as .jrocedr ral ultra
procedural requirements
vires. Even prescribed
if the statute by the
conferring the
parent Act
powers or by
does
oes notgeneral
not law,pr
prescribe
prescribe it is
pr known
ocedv res,ascour
res, ralimpose
t c will
courts will ultra vires.
impose Even
limits
limits byif reference
by the statute to
reference conferring
to theof
principles
principles of
reasonablenessoes not prescribe procedures, cour will impose limits by reference to principles isof
reasonableness andand fairnes
fairnes □. There ar<_two two essential
essential requirements
requirements in in this
this regard.
regard. TheThe first
first is
publication
publication of
of the
the subor
subor .mate legb.. n an< the
the second
second isis consultation
consultation with
w those affected.
> 'ublic awar
It
It is
is important
important toto m ke the
□nofth
make the ignor of
of the
the legislation
legislation because
because that
that is an essential
is an essential pre
pre-requisite to
the
to theapplicati jf leg of
application
applicati ; ,e
Jatthe maxim
ne maxim
i.
maxim '■ ntia
ntia juris
ignorantia non excusat
juris non excusat i.e.
i.e. ignorance
ignorance ofoflaw
lawisisno
noexcuse.
excuse.Hence
Hence
publication
publication □r Ma art. itra ed over time and is today considered a mandatory requirement. In
State
In State _atior as h eti*' v. M. H. George,
v. M. H. George, (AIR(AIR 1965
1965SCSC 722),
722),the
theSupreme
SupremeCourt
Courtconsidered
consideredaagazette
gazette
notifi
ocee " ■'gi ‘'er* ■ gg the
notifi the needs
needs of of publication.
publication. Statutes
Statutes often provide that
often provide that no
no act
act don
done or pr
or
pr in >gr ai ' i r der
der thethe statute
statute shall
shall be
be called
called in
in question
question merely
merely on on the
the ground
ground ofof some
some defect
defect
the "Omnibus Curative procedure
Clause" if
or the merits
"Ganga of
Clause"the case are not affected. Such a clause is
procedure if the merits of the case are not affected. Such a clause is referredreferred to to
as as

Co 'SU tation with affected interest groups infuses the law-making

1 law powers with a democratic
identity, particularly
ntity, in
particularly what
in is
what called
is 'bureaucratic
called legislation'.
'bureaucratic legislation'.

72) Write a short note on Administrative tribunals in India

Covered in Qs. 19 on pages 9-10

 44

73) Discuss the reasons of growth of Administrative Tribunals in India.

Ans:

The reasons for the growth of Administrative Tribunals can be identified as:

(1) The traditional judicial system has proved itself to be slow, overburdened, complex and
(1) The traditional judicial system has proved itself to be slow, overburdened, complex and
expensive.

(2) Traditionally, administrative tribunals take a practical and functional approach as c jpo c ' to
courts which take a rather theoretical and legalistic approach entailing conser nd
/atisi. rigi ity ?
technicalities.

(3) A court is bound by procedures and evidence. An administrative

d evidence. t <ilt nal on i he heother
An administrative otherhand,
hand, is
is
notnot
bound by rules of procedure or rules of evidence, and can base actical common
bound by rules of procedure or rules of evidence, and can baseits decisk on p" actical common
sense.

(4)
(4) Questions
Questions which
which come
come upup for
for adjudication
adjudication are
are of
of <en o a ag'ly technical
technical nature
natureanand the
traditional judiciary cannot be expected to underst every matter. Administrative
traditional judiciary cannot be expected to underst >nd r "icac ' c '• every matter. Administrative
tribunals,
tribunals, on
on the
the other
other hand,
hand, are
are manned
manned by
by exper
exper ore
ore better
better placed
placed in
in this
this regard.
regard.
cs a r _ ’e ti.
r f

5. Courts only decide cases which are filed m. They do not take preventive action.
Administrative
5. Courts only bodies
decidecan takewhich
cases preventiv
are filed b< are t icensing, rate
” m. They do not take preventive action.
Administrative bodies can take preventiv . mea jres ke ' icensing, rate-fixing, fixing of rents, etc.

74) What is Doctrine of Res Judicata

The doctrine of res judi an issue

if an issue between
betweentwo
twopar
parties has been tried and
cat~
decided by a competent cou \ s dov. tha>
sue cannot bebe raised
raisedagain
againbetween
betweenthethesame
same parties
parties in ain a
rt, th* sanrv >
subsequent suit.

Effectively, t'■>e te m is used to

to bar
barrere-litigation of such cases between the same parties. Once a
a’ o
final ju ,gmp-'. as . ' en announced in a lawsuit, the subsequent judges judges who
who are
are confronted
confronted with
with aa
suit that is denth 1 J o or substantially the same as the earlier one, would apply the Res Judicata
,octr: <e. ' pi
eserve the effect of the first
firs judgment. Res Judicata, as a concept, is applicable both in c
c ■’seuf jvil z..- ell as Criminal legal system.

ata works as
as aaworking
workingprinciple
principleunder
underadministrative
administrative law
law andand
hashas been
been adopted
adopted fromfrom
the the
R s Jl.
Civil 'ir
Procedure Applying this
this principle
principle toto administrative
administrativetribunals,
tribunals,ititc can be said that if the
Code. Applying
Labour Court has given its decision
decision that
that Mr.
Mr.XXisisnot
notaaworkman'
workman'within
withinthe
themeaning
meaningofofthetheIndustrial
Industrial
Disputes Act, 1947, the same question cannot be raised in a subsequent proceeding.
 45

75) How are tribunals different from court

Ans:

While a Tribunal resembles a Court in several respects such as judicial powers, power to decide
disputes between parties etc., there are differences which can be enumerated as under:

(1) A court of law is a part of the traditional judicial system, whereas a tribunal is an agency crea
by a statute and part of the executive, performing judicial functions. .ted

(2) Civil courts have the jurisdiction to try all civil suits whereas tribunals are restrict
(2) Civil
with casescourts have thearea
in a specific jurisdiction to try
as specified all statute.
in the civil suits whereas tribunals are restrict _d in Hear g

(3) Judges of courts are totally independent of the Executive but Tribunals are not.

(4) Judges are experienced legal professionals. Members of a Tribunal ar ecessarily so. Some
(4) Judges are experienced legal professionals.
may not even have a legal qualification. Members of a Tribunal ar
are not
e necessarily
no' i. ecessarily
so.so.
Some
Some

(5) Courts are impartial and are not aligned to any party to a necessarily so for a
partial
Tribunal. For example, theand
Taxare not aligned
Tribunal dealstowith
any issues
party toi a >isput It ,sxnovdepartment
necessarily so for
itself is a
Tribunal.
party. For example, the Tax Tribunal deals with issues i
ii wbir h v e T> x department itself is a

(6)
(6) Courts
Courts have
have to
to strictly
strictly follow
follow the
the procedure
procedure ss uch ac thv CPC, r rPC
rPC and
and the
the rules
rules of
of evidence
evidence
under
under the
the Indian
Indian Evidence
Evidence Act.
Act. Tribunals
Tribunals are
are no
no . man' ate . ■» for ow
ow such
such procedures.
procedures.
(7)
(7) Courts
Courts decide
decide objectively
objectively with
with aa sense
sense oo ' q eu hmei... Tribunals
Tribunals may
may decide
decide on
on common
common sense
sense
sometimes factoring in departmental pol
sometimes factoring in departmental pol <cies.

(8)
(8) The
The Higher
Higher Courts
Courts have
have the ers to
the powers to dd any
any legislation
legislation as
as unconstitutional.
unconstitutional. Tribunals
Tribunals do
do
not have this power. ,jO\ ■'dar

(9) Unlike the Supreme Cour+ d Hi . ourt. , Tribunals do not have any inherent powers but derive
fe

(9) Unlike
their powersthefrom
Supreme C
the statut , Tribunals do not have any inherent powers but derive
e thrc igh v r ch they were created.
their powers from the statut ch they were created.
(10) Whereas c ourtc ',r t bound o y t be doctrine of precedents, Tribunals are not.
c
(10) Whereas courts are bound by thee doctrine of precedents, Tribunals are not.
(11) Whe <eas oil folk / the principles of res judicata and estoppel, Tribunals not necessarily so.
(11) Whe the principles of res judicata and estoppel, Tribunals not necessarily so.

76) Explain the maxim: Nemo debet esse judex in propria causa with landmark judgments
76) Explain the maxim: Nemo debet esse judex in propria causa with landmark judgments
m means that no man can be a judge in his own cause. This is a basic rule of natural justice
1 'is . ax’
and plies that m means that who
a person no man can be
judges a judge
should be in his ownand
impartial cause.
freeThis is aany
from basic ruleofofbias.
kind natural justice
A judge
and implies
cannot that a person
i radjudicate a case who judgeshe,
in which should be impartial
himself has some andinterest.
free from
In any
fact,kind
as of bias.
held in AR.judge
v. Bath
cannot adjudica
Compensation Authority [(1925) 1 KB 635], it is also necessary that judges do not appear to be
inclined in favour of a party. Bias can take the form of personal bias, pecuniary bias, official bias or
bias of judicial obstinacy.
 46

In Ladies of the Sacred Heart of Jesus v. Armstrong, [(1961) 29 DLR 373], the court set aside the
decision of the Tribunal since the Chairman of the Tribunal was the husband of an Executive Officer
of the body which was a party to the issue.

In A. K. Kraipak v. Union of India (AIR 1970 SC 150), the Court held that the basic principle of nemo
judex in causa sua was violated by appointing a candidate as a member of the selection board even if
he did not participate in the deliberations of the board when his name was being considered. T ne
very fact that he was a member of the selection board as the Chairman had a significant imp dCt O’
the decision of the selection board.

In J. Mohapatra & Co. v. State of Orissa,ssa,

(AIR 1984
(AIR SC SC
1984 1572), the the
1572), Supreme Court
Supreme set set
Court
books selected by a Committee set up to select books for educational institutions e
jside .ne ~t o.
authors were themselves on the Committee and hence pecuniary bias could not b sin ■> sorr . of j ’
? ruled 'it.
In P.nKP.Ghosh v. J.v.G.J. Rajput,
K Ghosh [(1955)
G. Rajput, 6 SCC
[(1955) 744],
6 SCC the the
744], court heldheld
court thatthat
a J a Judge
who was
who was advocate
advocate
n P. K Ghosh v. J. G. Rajput, [(1955) 6 SCC 744], the court
earlier could not hear a case and grant an injunction to an employe held that a J udge who was an< advocate
represented as
a

earlier could
an advocate in thenot
same a case and grant an injunction to an employe_ whu -n ° hau
hearmatter. represented as

In case of West Bengal v. Shivananda Pathak (AIR 1955 SC me Court set aside the
decision of a two member bench vananda
of thePathak (AIR whic
High Court 1955 SC z050' ht_ >uoe who
f r me
’ Court set aside
had earlier ruledthein
decision of a two member bench of the High Court
favour of the person but whose decision was subsequ whic j incli le'J a ’ j d r e who had earlier ruled
by a two member bench of the in
favourcourt
same of the
onperson but whose
the grounds decision
of bias wasjudici
based on subsequ .ently ven ,or) by a two member bench of
same court on the grounds of bias based on judici ui obr ... 'ey.

77) What is bias? Discuss the rule of bias with relevant case laws

Bias refers to the lack of imparti

impartiality onon the
the of aa Judge.
Judge.Every
Everyjudge
judgeis is expected
expected to be
to be neutral
neutral
and not have any interest alii.
inin in favour ofyyanypartynart
to case
case before him. The applicable maxim
terest
terest party
party to to case before
before him.
him. TheThe applicable
applicable maxim
maxim isisNemo
isNemo
Nemo
debet .avour f <_
debet esse
esse judex
judex in
in propri
propri
j causa.
Bias
Bias can
can take
take the
the form
form of
of pe
pe cuniary
cuniary bias,
bias, official
official bias
bias or
or bias
bias of
of judicial
judicial obstinacy.
obstinacy.
■sona bias, ’ ?
In
In Ladies
Ladies of
of th
the Sacred Heart
Heart of Jesusus
us v. Armstrong, [(1961) 29 DLR 373], the court set aside the
decision of t e Sa r ‘"'d )f Je r
e the Chairman of the
the Tribunal
Tribunalwas
wasthe
thehusband
husbandofofananExecutive
ExecutiveOfficer
Officer
of
he Tr 3u al ’rii
k
of the b party
partyto
tothe
theissue.
issue.
ody 'h v '
judex In
In in causa sua nionwas
of India
nion
was of (AIRby(AIR
India
violated
violated 1970
by SC 150),
1970 the
SCa 150),
appointing
appointing Court as
candidate held
a candidate athat
a member
as the basic
member of of principle
thethe
selectionof nemo
board
selection a was
even
board if if
even
A. Kin,,rcausa
aiviolated
’ k vsua»'was
judex articipate in the deliberations of the board when his name was being considered.ifin
by appointing
violated by a candidate
appointing as
a a member
candidate of
as a the selection
member of board
the even
selection if articipate
board even The
K

•ude in d i a s’ the deliberations of the board when his name was being considered. The
k did ot • that he was a member of the selection board as the Chairman had a significant impact on
cision of the selection board.
v. ry , cision
ct of the selection board.
ti -J.dMohapatra
In ' & Co. v. State of Orissa, (AIR 1984 SC 1572), the Supreme Court set aside the list of
In J. Mohapatra & Co. v. State of Orissa, (AIR 1984 SC 1572), the Supreme Court set aside the list of
books selected by a Committee set up to select books for educational institutions since some of the
authors were themselves on the Committee and hence pecuniary bias could not be ruled out.
 47

In P. K Ghosh v. J. G. Rajput, [(1955) 6 SCC 744], the court held that a Judge who was an advocate
earlier could not hear a case and grant an injunction to an employee whom he had represented as an
advocate in the same matter.

In case of West Bengal v. Shivananda Pathak (AIR 1955 SC 2050), the Supreme Court set aside the
decision of a two member bench of the High Court which included a Judge who had earlier ruled in
favour of the person but whose decision was subsequently overruled by a two member bench of t ae
same court on the grounds of bias based on judicial obstinacy.

78) What is pecuniary bias

Pecuniary bias means to have a pecuniary or monetary interest in the subject- issue
before a court or other body. If someone does have a pecuniary interest i he
'latterhe acannot
<.' cannot
r issue
bebe
before
a party a court oronother
to decision body. If someone does have a pecuniary interest iithe .
that matter. • he cannot be

In J. Mohapatra & Co. v. State of Orissa, (AIR 1984 SC 1572), the et aside the list of
v. State of
books selected by a Committee setOrissa,
up to (AIR
select1984 SCfor
books 1572),
ed the Supr . m t 2ou ns *■ c et asidesome
since the list of
of the
books selected by a Committee set up to select books
authors were themselves on the Committee and hence pe for ed ucationa ; .stiti ns since some
not be ruled out.
l'< of the
authors were themselves on the Committee and hence pe _unia / b r _> couir not

79) What is official bias

Official bias is a bias with regard to the r of an issue or dispute. A judge or an

Official bias authority
adjudicating is a bias should
with regard to the su ;ec matte
not have t t in rthe
of an issue or dispute.
subject-matter of theA dispute
judge orbeing
an
adjudicating Of
adjudicated. authority
course,should
a merenot have intany ateresthe
general t in matter
the subject
does not disqualify a person from
being
being aa judge
judge inin the
the matter.a mere general
matter. To vitiate int
the proceeding,
itiate the the
proceeding, there
"-rest i r matter doesbenot
there must
must disqualify
besome
somedirect aconnection
direct person from
connection
being
between
between theajudge
the judgeand
judge in the
and the subj
the matter.t-mTotte>
vitiate
of thelitigation
of the
the proceeding,
litigation beforethere
before him.must be some direct connection
him.

In P. K Ghosh v. J. G.
G. Rajp
Rajp 744],
744], the
the court held that
court held that aa Judge
Judge who
who was
was an
an advocate
advocate
earlier
an could
advocate
earlier not
couldin the
notchesame
hear aacase
case
■i,aa[ ( l . ” 5 ) 6 . an
matter. ZCinjunction
an injunctiontotoananemployee
employeewhomwhomhehe
hadhad
represented as as
represented an
advocate in in the <e<.
an advocate same matter.
same matter.nd .grant

80) Write a short note on Dr. Bonham's Case

80) Write a short note on Dr. Bonham's Case
's Case [(1610) 8 Co. Rep. 113], was a case involving bias i.e. against the principle
■y. Lor’.anin the 's maxim
Case [(1610) 8 Co.esse
Nemo debet Rep. 113],
judex in was a case
propria involving bias i.e. against the principle
causa.
<n_ nn< 1
in the maxim Nemo debet esse judex in propria causa.
Dr. Bonham, a doctor at Cambridge University, was fined by the College of Physicians for practising
inDr.theBonham, a doctorwithout
city of London at Cambridge University,
a licence from thewas fined by
College. Thethelaw
College
underof Physicians
which for practisin
the College imposed
in the city of London without a licence from the College. The law under which the College
the fine provided that half the fine would go to the King and the other half to the said College. imposed The
decision to fine him was set aside because the College had a financial interest in its own judgment. It
was a judge in its own cause.
 48

81) What is the importance of Audi alteram partem? Explain the maxim with reference to leading
case laws?

Audi alteram partem means that both sides must be heard before passing any order. It signifies that
no man can be condemned without a hearing. It is a fundamental principle of natural justice that
before an order is passed against a person, he should be given an opportunity to be heard in the
matter. Practically the maxim implies that an affected person must be given a notice and give . a
hearing.

In R. v. University of Cambridge, (1723 1 Str. 557), Dr. Bentley was deprived of his de
In R. v. University
University of Cambridge,
of Cambridge (1723 misconduct.
for his alleged 1 Str. 557), He
Dr. was,
Bentley was deprived
however, of an
not given his de <>reeby he
University oftoCambridge
opportunity be heard in for
the his alleged
matter. Themisconduct. Hethe
court set aside was, however,
decision as itnot given an .y nc ice r f a>
violat
opportunity
natural to be heard in the matter. The court set aside the decision as it violat _di. •»basi rul : < f
justice

In J. B. Parikh v. University of Bombay (AIR 1987 Bom 332), the University of Mumbai's action on a
student accused of having
vingcopied
copiedfrom
fromanother
anotherstudent
studentwas
wasset
setaart because,
,ide k. ' the
t ° student was the
rt because,
col

neither given notice nor an opportunity of being hear j.

The notice and the opportunity given to a person to be hear d hac b fair and reasonable. In State
of JammuThe
andnotice andv.the
Kashmir opportunity
Haji given
Wali Mohd. (AIRto 1972
a person to be hear
SC 7538) a r jti e p' vingand reasonable.
twenty In State
four hours to
Kashmir v. Haji Wali Mohd. (AIR
demolish a structure alleged to be in a dilapidated 1972 SC
.ondi’ n v\, -eldh ving twenty four hours
to be not a proper or valid to
demolish a structure alleged to be in a dilapidated
notice. eld to be not a proper or valid

In Ridge v. Baldwin (1964 AC 40), a chief cjnsta! le w s p r secutedsecute for charges of conspiracy but
acquitted at the trial. However, the cour . m i e . ■'me ~dverse remarks about his character character as
as aa
police officer and on that basis the W ee the Police Department, dismissed the
'tch .ommit- of the Police Department, dismissed the
constable without giving him a h _cing. The House of Lords setaside
g. The of Lords set asidethe
theorder
orderof
of dismissal
dismissal holding
that
that athat
a power of
of dismissal
a power
power cc ju Idcould
of dismissal
dismissal ott not
be exercised
be exercised without
be exercised without
without giving
giving
giving thethethe
constable
constable
constable a areasonable
reasonable
a reasonable
opportunity
opportunity to
to be
be heard
heard in
in m e r a t t e r..

82) What is meant by legal practitioner

82) What is meant by legal practitioner
As per th 961, a legal practitioner is defined as an advocate or vakil of any High
As per th _ k 'voc +' j A(r ,or' 961,
Court, revenuea legal practitioner is defined as an advocate or vakil of any High
agent.
Court, a pie uei, murx..« r or revenue agent.
A understood, a person whose profession is to represent clients in a court of law or to a
A,s co" .H. nly understood,
r them in other a person
legal whose
mattersprofession
is referredistotoasrepresent clients in a court of law or to
a Legal Practitioner.
a dvisj r ac > r them in other leg
to be represented by a legal practitioner has not been considered to be a part of natural
justice.
justice.
1. e i ;hHowever, toifbe
f However,
represented
ifsuch
sucha right by
a righthas abeen
legal
hasbeen practitioner
expressly
expressly has not
conferred
conferred been
byby considered
a statute,
a statute, to may
ananorder
orderbemay
a be
part
besetof natural
setaside
aside
justice. However, if such a right has been expressly conferred by a statute, an
his right is denied. Some labour laws do not permit parties to be represented by lawyers; some others
■•f -
order may be set aside
(as for instance, the Industrial Disputes Act) do allow legal representation if the tribunal gives its
permission in a given case. Certain other statutes (as for instance, the Income-tax Act) expressly
recognise the right to be represented by a legal practitioner.
 49

83) State two functions of Civil Servants

The functions of Civil Servants are:

(1) Civil Servants are responsible for implementing laws and executing policies framed by the
government.

(2) Civil Servants are responsible for policy formulation by advising Ministers in this regard.

(3) Civil Servants also perform quasi-judicial services by settling disputes between the Stat
citizens, in the form of tribunals, etc. judicial services by settling disputes between the Stat j and tt>e

(4) Civil Servants perform a variety of developmental functions.

(5) Civil Servants act as instruments of social change & economic development.

(6) Civil Servants are key for the implementation of welfare schemes.

(7) Civil Servants are the basis of Government.

(8) Civil Servants are the stabilising force as they are a perm of Government.
(8) Civil Servants are the stabilising force as they are a perm an e p ' "ui. of Government.

84) State the grounds for exclusion of natural justice

84) State the grounds for exclusion of natural justice
Although the rules of natural justice ha ve connotation in law and have been firmly
Although the
established by rules of natural
the judiciary, it mjusticebeha 'e ' definit
born 1 ve
ind, connotation
that in
their application is not mandated in any
established by the judiciary,
statute. The rules are flexibleit must
jSl be born ' in rr modified or even excluded notbymandated
e adapted, ind, that their application is statutes in
orany
other
statute. The
situations. rules are flexible and
and can
ca ' be
l adapted, modified or even excluded

A review of judgments show s of natural justice may be excluded when

s that arinci P
(1) a statute ex gments show
e applic s of natural
of natural justice may
justice expressly or be excluded when
impliedly
c
Jude ti> atior
(1) the
(2) a statute ex
ac excludes thee applic
application
in nature of natural justice expressly or impliedly
impliedly
jor> le ’’ iativ .
L

(2) the ac
(3) tted orinundisputed
nature
.ne fact, are a( . r
(3) tted or undisputed
s of a confidential nature
'4)tl ?rqu -
s of needs to be taken immediately
tive action
(. ) p. 'ver
rompttive
and action
urgentneeds
actiontoisbe taken immediately
necessary in the circumstances of the case
(6r
rompt and urgent
(7) non-observance of theaction is natural
rules of necessary in the
justice circumstances
has of the case
not led to anything unfair or unjust.
 50

85) State fully the scope of judicial review of administrative action with relevant case laws

Judicial review of administrative action is a procedure by which a court can pronounce upon the
validity of an action taken by an executive authority.

The grounds for judicial review of administrative action include:

(1) Failure to exercise discretion could be unauthorised delegation, Self-imposed fetters

discretion, acting under the dictates of a superior, non-application
applicationofofmind
mindand
andpower
powercouple
couple
- on
duty.
d w't i

(2) Excess or abuse of discretion could be Acting without jurisdiction, exceed

-
arbitrary action, irrelevant considerations could be Acting
taken into without
account, jurisdiction,
relevant considera exceed -ng j' rise1 to
<. on,
arbitrary action, irrelevant considerations taken into account, relevant
account, decision based on relevant and irrelevant considerations, mala fideconsidera jons . "»t ta en r to
ateral
purpose mala fide
action, col1
purpose oror improper
improper object,
object, colourable
colourable exercise
exercise of
of power,
power, colourable
colourable legi
legi ,, non
non-observance of
the rules of natural justice, unreasonableness and doctrine of proporti olatio.
the rules of natural justice, unreasonableness and doctrine of proporti -observance of
>nu'ty.
In Sahai Silk Mills Pvt. Ltd. v. ESI Corp. [(1994)94)
5 SCC
5 SCC3460],
3460],thethe
c c the the
delegation by by
delegation
the
the Director
Director General
General to
to recover
recover damages
damages asas the
the Act
Act did
did not
not pr
pr r delegation
ourt ..ribrth* de t
delegation by
by him.
him.
□vide fo f >
In
In Keshavan
Keshavan Bhaskaran
Bhaskaran v.v. State
State of
of Kerala,
Kerala, (AIR
(AIR 1061
1061 K K ved by aaDirector
ved by Directorwho
whowas was
authorised to issue
horised School
to issue Leaving
School Certificate
Leaving to thto th
Certificate .( " > 3 \ 'c r .e e o
not not
meet
1 thethe
meet age
agecriteria,
criteria,that
that the
certificate would be issued only to those whos
certificate would be issued only to those whos jse wuc did waswas less than 2 years wasstruck
less than 2 years was struck
down as being contrary to law. j agr de 'ienc,

In Commissioner of Police v. Gordhanda 6), the Court struck down the decision to
dhanda
cancel a licence at the behest of the S , (AIR 195. SC '
ment after6), the
theCourt struck downhad
Commissioner the originally
decision to
cancel a licence at
granted the licence. the behest of the S ment after the Commissioner had originally
•■at Gover

In Emperor v. Sibnath Ban C 156) an order of preventive detention

detenti was set aside for
non-application
application of
of mind
mind .rji (/>'R IS ’5 r ry.
o y t k ' 4o m t l cretr
In R v. Metropolit
Metropolitan Police Co er [(1968) 2 QB 118], it was held that the transport authority
jn mrr ssion
was bound to rrenew the licence
licence xi-drivers
xi if certain conditions are satisfied.
was bound to r enev,+h tlicence of otaxi ft"
In News e Industrial Tribunal (AIR 1957 SC 532), it was held that while the
News,japt ■ Li ’ v. to *■
gover te Industrial
refer Tribunal
an industrial dispute(AIR 1957 SC
to a tribunal for532), it was held
adjudication, that so
it cannot while
referthe
a
gover inner has owe’ to refer an industrial dispute to a tribunal for adjudication, it cannot so refer
t an industrial dispute.
(

a nattr wh. h i s / t an industrial dispute.

eneral v. Fulham Corporation [(1921) 1 Ch D 440], opening of public laundry by local
k Atio ley (- ene
n, with powers under statute to open only baths and wash-houses was held to be ultra
c nrp r atir n, with powers under statute to open only baths and wash

•'it 'S.
In Barium Chemicals Ltd. v. Company LawLaw Board
Board (AIR
(AIR 1967
1967SC
SC295),
295),the
theSup
Supreme Court held that the
formation of an opinion by the Central Government that the affairs of a company need to be
investigated into was arbitrary and unreasonable, and therefore, not valid.

In R. v. Somerset County Council (1955, 3 All E R 20), where a local authority passed a resolution to
ban hunting because it was immoral, it was held to be an irrelevant consideration.
 51

In Sachidanand Pandey v. State of West Bengal (AIR 1987 SC 1109), it was held that relevant
considerations were not taken into account.

In Pratap Singh v. State of Punjab (AIR 1964 SC72), where a Surgeon's leave was revoked and he was
suspended at the behest of the Chief Minister, the order was set aside as being malafide.
In Nalini Mohan
v. Dist. Magistrate (AIR 1951 Cal 346), an actio n to "rehabilitate" a person who had
come
come for medical treatment under the law which empowered the authority to
for medical treatment under the law which empowered the authority to rehabilitate
rehabilitate tt nose
who were victims of communal violence, was set aside as being a collateral purpose
who were victims of communal violence, was set aside as being a collateral purpose or i or i
object. • >rop ■

In H. D. Vora v. State
not derequisitioning aof Maharashtra (AIRrequisitioned
flat, originally 1984 SC 866),for
theaGovernment
transitory of Maharashtra's actiono ofbe a
period,
colourable exercise of power, which the court had no hesitation to set aside. was h 'd .

In Ai r India v. Nargesh Meerza (AIR 1981 SC1829), Air India's a rule of termination of the services of
an air hostess on her becoming pregnant, was held to be unreason abhorrent.
.ole, arbii. ry an.'
an air hostess on her becoming pregnant, was held to be unreason abhorrent.
In Bhupinder Kumar Sharma v. Bar Association, Pathankot, A .R 2002 r 47, v' ere an advocate was
debarred for life for running a photocopy centre in the co art pr j m r _s,int- Supreme ereCourt
an advocate was
held that
debarred for life for running a photocopy centre
such punishment was disproportionate to the miscond in the co act.
Supreme Court held that
such punishment was disproportionate to the miscond

86) Discuss the ordinary remedies, apart from constitutional remedies, to control administrative
action in India

Other than constitutional remedies, the ordi medies available to control administrative action
Other than constitutional remedies, the ordi
can be Statutory Remedies (Civfl, Criminal) and Equitable nary re medies available to control administrative action
Remedies.
Remedies (Civil,
can be Statutory Remedies (Civ Criminal)
minal) and Equitable Remedies.
General statutory civil e in the form of Injunctions (Perpetual/Mandatory,
General statutory
Temporary), civil remedies 'v Id L Performance, Restitution, Recovery of legal costs i.e.
Declaratory
Temporary),
advocate fee, Declaratory
co expense * l i o n . Specovery’ic Performance,
of possessionRestitution, Recovery
of property of legal costs
and Damages- i.e.
liquidated,
advocate fee,&court
unliquidated .rt expense
ory etc (In overy substantial,
nominal,
* et ., Re* -
of possession of property
Penal and etc).
or exemplary Damages
&. stat
statutory
1'* etc (In nludr nominal, substantial, Penal or exemplary etc).
Remedie & ory laimed
etc (Include
undernominal,
contractssubstantial, Penal or exemplary
such as compensation for loss etc).
or damage by breach
of co
Remedie
j col. "I a» - be damages,
' specific performance, injunction and cancellation.
laimed under contracts such as compensation for loss or damage by breach
-tract iiquiu 'ted
of co damages,
e remedies specific
under Tortsperformance, injunction
like damages, anddecree
injunction, cancellation.
for possession.
i her< coi . ’ alsu '
e remedies
e remedies are basedunder
on theTorts like damages,
fundamental tenet injunction, decree
that Equitable for possession.
remedies for administrative
. q< +ab. onstitute the conscience of administration of justice. Law may fail justice, but Equity does
ac ion .
e remedies are based on the fundamental tenet that Equitable remedies for administrative
no..
onstitute the conscience of administration of justice. Law may
Yet another remedy available is through the Ombudsman set-up. In India the ombudsman is known as
Lokpal or Lokayukata.
 52

87) What is administrative discretion? Explain judicial control of discretionary powers?

Administrative discretion refers to the flexible exercising of judgment and decision making allowed
to administrative authorities. The exercise of this type of discretion has the potential for abuse, in
their day-to-day activities. Hence, having proper checks and controls on such discretionary powers is
essential. Judicial control is one such effective mechanism to keep the use of such discretionary
powers for the purpose for which they are intended.

There are various grounds on which the judiciary will have to intervene in the ex
discretionary power for judicial control of administrative discretion. These ene in clas
can be the ex .i :se F
two broad heads as under: administrative discretion. These can be clas jfied in 4er

(1) Abuse of discretionary power

This could entail matters like acting without jurisdiction, exceeding jurisd an arbitrary action,
mala fide actions, improper motive, unreasonableness, non-observ isdiction,
isd
(CtiOL an arbitrary
an arbitrary
ciples of action,
action,
natural
justice, etc. observ jn< ' o prii, ciples of natural

(2) Non-exercise of discretion

This could entail delegation without authority, acting at eriors etc.

This could entail delegation without authority, acting at eriors etc
The courts decision would obviously be based on t cumstances
<1O|n [ ■><:'
e of ;Jr of each case.
The courts decision would obviously be based on t cumstances of each case.
The courts even have the powers to strike .le f? „ ano onir itself. The parent statute providing
for the delegations could be ultra vires th to strike on itself. legislation
e subordinate The parent could
statutebe
providing
either
for the delegations could be ultra vires
ultra vires the constitution or ultra vires tth .own te d
( leg- te
: su

ultra vires the constitution or ultra vires t . co sth.. ’’ion. T "

The courts powers could be exe through writ jurisdiction or through SLPs or PILs or through
The courts powers could be exercised
exe he p- its
through
through entwrit
Ac>jurisdiction or through SLPs or PILs or through
writ
their appellate or supervisor or through Statutory and Equitable remedies.
their appellate or supervisor . cise-.
or through
'tc

88) Explain judicial review and explain the constitutional provisions excluding judicial review
88) Explain judicial review and explain the constitutional provisions excluding judicial review
Judicial revi 'w re ?rs .o 'hv power of the court to review the actions of the organs of government,
especial . y t h r " ot °
<A 1
egislature, executive and not infrequently, that of the judiciary itself.
itself. Judicial
Judicial
review includes the courts authority to determine the constitutionality of any law passed by the
legislature and the power to invalidate laws/acts which violate the "Basic Features" of the
~ons itr .101.

leu ; gi’ of
of the
the concept
concept is
is generally
generally traced
traced to
to the
the historic
historic US
US decision
decision in
in the
the Marbury
Marbury v.
v. Madison
Madison
case
case of
of 1803
1803 [5
[5 U.
U. S.
S. 137
137 (1803)].
(1803)]. In
In India,
India, judicial
judicial review
review broadly
broadly covers
covers three
three aspects;
aspects;
(1) judicial review of legislative action

(2) judicial review of judicial decision, and

(3) judicial review of administrative action

 53

The constitutional provisions for judicial review are provided in Article 32 for the Supreme Court and
Article 226 for the High Courts. Article 32 provides for invoking Supreme Court's writ jurisdiction for
violation of the fundamental rights while Article 226 provides for invoking High Court's writ
jurisdiction for violation of the fundamental or legal rights. The five writs that can be issued are
those of (1) Habeas Corpus, (2) Mandamus, (3) Prohibition, (4) Certiorari and (5) Quo Warranto.

The Supreme Court can intervene through appellate (Articles 132-135) and supervisory jurisdicti
or even through a PIL or through a Special Leave Petition under Article 136. on

89) What is abuse of discretion

When discretionary power is conferred on an administrative authority, it m ust be exercised

When discretionary
according to law. Whenpower is conferred
the mode on an
of exercising administrative
a valid authority, it mreason
power is imprope rcisedis
there
, or i> reasonable
- ’ F there is
according
an abuse oftothe
law. When
power or the mode
abuse of
of exercising
of the discretion
the agiven
discretionvalid topower
given the is administr
improper or unreason
administr
to the ity.ity. there is
at. ? a thoi
Abuse of discretion could involve acting without
cting jurisdiction,
without excexc
jurisdiction, n, n,
arbitrary
arbitraryaction,
action,
irrelevant considerations taken into account, relevant co aedir ju sdic ;o taken into account,
o

decision based on relevant and irrelevant considerations, .isiderat v .s n n,t collateral purpose
purpose or or
improper object, colourable exercise of power, coloura tni r
mr a fi a a n-observance of the rules of
natural justice, unreasonableness and doctrine of p ole 'gis> <on, z
.opo 'onc +y.

90) What is irrelevant consideration

Irrelevant consideration refers to situations i an administrative authority, when exercising its

Irrelevant consideration
discretionary refers to situations i n whir' oran administrative authority,Decisions
when exercising
basedonits
discretionary powers,
powers, takes
takes int
int j accnt irrelevant or
ntu irrelevant extraneous
extraneous considerations.
considerations. Decisionsbased on
discretionary
such powers,
irrelevant takes
considerati into account
such irrelevant considerati ,ns ai" ulti vii
3 irrelevant
es and bador extraneous
in law.
es and bad in law. considerations. Decisions based on

For
For example,
example, in
in R
R v.
v. Somer
Somerc ?t Co. nty Cc in cil
cil (1955,
(1955, 33 All
All E
ERR 20),
20), local
local authority
authority passed
passed aa resolution
resolution
to ban hunting on ground
to ban hunting on the ground moral. This was held to be an irrelevant consideration.
moral. This was held to be an irrelevant consid
ih. + ha* it is ir
Similarly, in istry o Agriculture [(1968) A C 997], when a Minister refused to start an
Similarly,
inquiry o in /adfr <d v i\/ii. istry off Agriculture
it would [(1968)
lead to bad A C 997],
publicity, it waswhen
helda that
Minister refused tobased
the authority start an
its
inquiry o
decisi ■i t h . grc <id t ' <~
ons whichit would
werelead to bad publicity,
not relevant it was held that
to their decision-making the authority based its
power.
decision o r :onsi '°rat: ons which were not r
 54

91) Discuss the doctrine of proportionality with illustrative case laws

The doctrine or proportionality is concerned with whether the penalty or punishment ore
compensation for a wrong is commensurate with the gravity of the wrong.

In recent times, the courts have interfered with decisions in matters like punishments and payment
of compensation on the ground that they are "shockingly disproportionate or excessive".

In Hind Construction & Engineering Co. Ltd. v. Their Workmen (AIR 1965 SC 917), the Suprem
observed that "Where the punishment is shockinglyv. Their Workmen (AIR 1965regard
disproportionate, SC 917), the Suprem
being h <Coi'i .
particular conduct
observed that and the
"Where thepast record, orisis shockingly
punishment such as no reasonable employer
disproportionate, would
regard beinge h .ad tc the
like circumstances,
particular thethecourt
conduct and may treat
past record, or isthesuchimposition of suchemployer
as no reasonable punishment ase
would ver »’ . ''se . '
r

victimization." stances, the court may treat the imposition of such punishment as itse s’.ov "F

InIn
A.A.
L.L.
Kalra v. v.
Kalra P& P& EE Corporation ofof
Corporation India Ltd.
India (AIR
Ltd. 1984
(AIR 1984SCSC1361),
1361), thethe
apap oved
oved from
from
In A. L. Kalra v. P & E Corporation of India Ltd. (AIR 1984
government service on the ground of misconduct of non-utilisationSC 1361), the ap pellai. ’
withinoved
“ from
stipulated
isation within stipulated
period jt dve ices s arbitrary and
period ofof time),
time), thethe Supreme
Supreme Court
Court felt
felt that
that the
the decision
decision of
of th
th s arbitrary and
_■ goverm. mt w '
disproportionate
disproportionate in in nature.
nature. The
The order
order in
in question
question was
was therefore
therefore pex
pex court.
court.
quas’ ed *■ / the /
In Bhupinder Kumar Sharma v. Bar Association,
Association,Pathankot,
Pathankot, ,, where an advocate
where an advocate was
was
debarred
debarred for
for life
life for
for running
running aa photocopy
photocopy centre
centre in
in th
th AIR zOO SChe he/ Supreme Court held
Supreme Court held that
that
such
such punishment
punishment waswas disproportionate
disproportionate to
to the
the misc
misc . co ' . pi <iise', ’
jndu<~*

92) Write a short note on estoppel and waiver

Estoppel is of
arising out a principle of law
his conduct. In by
si which a guage,
pers estoppel eld bound bya the
prevents representation
party from asserting made bywhich
by
a fact him or
him or
arising out of his conduct. In si guage, onestoppel
is b prevents a party from asserting a fact which is
is totally inconsistent with simple mple language,
a.
totally
estoppelinconsistent
is a kind ofwithesto _nep'-'sitio pi. viouslyinciple taken
of by him by his words or conduct. Promissory
estoppel is a kind of esto inciple of justice, equity and good conscience.
ope
n M.P. Sugar Mills v. State of1 ’ r ed o.. he pi SC 61), the petitioner started the process of setting up
979
In M.P. Sugar Mill State of 979 SC 61), the petitioner started the process of setting up a
> v. U.P AIR 1
l

-year sales tax holiday, The

vanaspati plant based on the state government's declaration of a three
stategove
state gove cidedagainst
cided againstthethesales
salestax
taxholiday.
holiday.TheTheSupreme
SupremeCourt
Courtupheld
upheldthe
the
. 'men Ip er de
invocati
invocati ctrine of estoppel against the state government.
ctrine of estoppel against the state governm
j n o f * ■> ck
In
In Jnio-* of i dia ’ ..Anglo
Anglo Afghan
Afghan Agencies
Agencies (AIR
(AIR 1968
1968 SC
SC 718),
718), in
in which
which aa business
business agency
agency was
was denied
denied
an import certificate for the full amount of exports as envisaged in the scheme, the Government's
tt the
the right
right was
was not
not enforceable
enforceable by
by the
the agency
ag was rejected by the Supreme Court.
o 'imt ■'t + <
u

redients for the application of the doctrine of promissory estoppel are:

h ' inr redients for the application of the doctrine of promissory estoppel are:
T

(1) That there was a representation or promise in regard to something to be done in the future,

(2) That the representation or promise was intended to affect the legal relationship of the parties and
to be acted upon accordingly, and,

(3) That it is, one on which, the other side has, in fact, acted to its prejudice.
 55

The Supreme Court has described waiver as an intentional relinquishment of a known right or
advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed. A
person is required to be fully cognizant of his rights before waiving them. Voluntary intention is the
essence of waiver. Waiver could be of contractual rights or statutory rights. Fundamental Rights
under the Constitution cannot be waived.

Estoppel and waiver are entirely different. Estoppel is not a cause of action. It may, if estab d,
Estoppel
assist and waiver
a plaintiff are entirely
in enforcing a different.
cause of Estoppel
action, byis preventing
not a cause of
theaction. It may,
defendant if estab 'ishu d,
from
existence of some fact essential to establish the cause n, byofpreventing
action. Onthethedefendant
other fromdenying he
existence of some fact essential to establish the cause of action. On
contractual, and may constitute a cause of action; it is an agreement to release the other a
■and, wa> n r i_
contractual,
right. and may constitute a cause of action; it is an agreement to release a
or nt t o sse i

In Da
wason's
no such thing Bank Ltd. v Nippon
as estoppel Menkwa Kabushiki Kaisha (62 LA. 100), it was stated that there is
by waiver.

In Ramdev Food Products (P) Ltd. v. Arvindbhai Rambhai Pat 726], the Supreme
In Ramdev Food Products (P) Ltd. v. Arvindbhai
Court, while discussing the Doctrine of Waiver pertaining toRambhai Pat
j| [(2< J6 □ SCc 726], the
ct against Supreme
a trademark
rine ofitsWaiver
infringement, held that if a person alters pertaining
position w to r!rrht ■» oh illing
the ’ ct against
its a trademark
obligations, such
infringement,
person, held thatcannot
after alteration if a person
revertalters
to its its position
previous l w Ah ref )er tc. fur illing its obligations, such
person, after alteration cannot revert to its previous l jgal r . ntio. ' hiK .

93) Discuss the judicial remedies available under administrative law

93) Discuss the judicial remedies available under administrative law
Judicial remedies under Administrative L■'w j r e ava:' able the constitutional provisions for judicial
Judicial remedies under Administrative L able t
review, provided in Article 32 fo . tti e Suprem e Cr urt and Article 226 for the High Courts. Article 32
provided in Article 32 for the Suprem urt and Article 226 for the High Courts. Art
provides for invoking Supreme Court's writ jurisdiction for violation of the fundamental rights while
Article 226 provides for invoking High Court's writ jurisdiction for violation of the fundamental or
legal rights. The five wri us \ i a i an be ssued are those of (1) Habeas Corpus, (2) Mandamus, (3)
Prohibition, (4) Certiorari an ’ (5) ( uo Vv rranto.

The
The Supreme
Supreme Cou’ . uu terve
>
tervene hrough
■•e ’
through appellate (Articles
appellate (Articles 132
132-135) and supervisory jurisdiction
or
or even
even th
th i o. ■’ha . or ough
ir
ough aa Special
Special Leave
Leave Petition
Petiti under Article 136.

Oth
Oth . r t h a n onstitutional
tutional remedies,
remedies, the
the ordinary
ordinary remedies
remedies available
available to
to control
control administrative
administrative action
action c
c an b r ji. ’’Ute ,emedies
emedies (Civil,
. (Civil, Criminal)
Criminal) and
and Equitable
Equitable Remedies.
Remedies.

Gen
Gen era sf atutory
atutorycivil
civilremedies
remediescould
couldbebeininthetheform
formofofInjuncti
Injunctions (Perpetual/Mandatory,
1 mp r ?ry), ry),
Declaratory Actions, Specific Performance, Restitution,
Declaratory Actions, Specific Performance, Restitution, Recovery
Recoveryof legal costs
of legal i.e. i.e.
costs
advocatefee,
advocate fee,court
courtexpenses
expensesetc.,
etc.,Recovery
Recoveryofofpossession
possessionofofproperty
propertyand
andDamages
Damages- liquidated,
unliquidated & statutory etc (Include
unliquidated & statutory etc (Include nominal, substantial, Penal or exemplary etc).

Remedies could also be claimed under contracts such as compensation for loss or damage by breach
of contract, liquidated damages, specific performance, injunction and cancellation.

There could also be remedies under Torts like damages, injunction, decree for possession.
 56

Equitable remedies are based on the fundamental tenet that Equitable remedies for administrative
action constitute the conscience of administration of justice. Law may fail justice, but Equity does
not.

Yet another remedy available is through the Ombudsman set-up. In India the ombudsman is known as
Lokpal or Lokayukata.

94) What is a writ

Writ is a formal written order, issued as a prerogative remedy, by the Supreme Cou rt un <er .. ;cle
32Writ
and isthea formal written
High Courts order,
under issued226
Article as of
a prerogative remedy,
the Constitution. Thebyimportance
the Supremeof Cou
/vrits . 's in re? ting
a rule of law e High Courts under
by defining Article 226
the contours of the Constitution.
of permissible The importance
areas of exercise of
of power, ting
autho tyyI" the
a rule of law by defining the contours of permissible areas
executive. Writs provide citizens the constitutional remedies through of exercise of power,
hrough the court y the
courts' to keep‘ eep the
administration
administration within
within the
the ambit
ambit of
of law.
law. In
In India
India there
there are
are five typ hrough the -court
five typ es -»f ' /rits
eep the
Habeas Corpus,
Certiorari, Prohibition Mandamus and Quo Warranto.

Writ of Habeus Corpus: In InSunil Batra

Sunil v. v.
Batra Delhi Administratio
Delhi Administratio , it, was held that the
writ of habeas corpus can be issued not only for releasing i (1980 r . 15 ?'
gal detention
detention but
butalso
alsoforfor
protecting prisoners from inhuman and barbarous trea j per'
t. j n t j m me
..mt. '
Writ of Mandamus: State of West Bengal v. Nur udcli . H. '98) . SCC 143], 143], the Supreme Court held
the writ of mandamus is a personal action w uere he r spc i . ' ent has
has not
notdone
donethethe duty
duty theythey
werewere
prescribed to do by law. The performance o right of the applicant.
' ' e g +y is li.e

Writ of Certiorari: In Hari Vishnu Kamath

Kamath v.v. A
A.iimad lr haque
h (AIR 1955 SC 233), the Court laid down
the scope to file a writ of certior
certiorari s
.ci as
a under:

(1) When there is an error

(1) When there is an error a jur dicti n.
(2) When the court has no per time for both parties to be heard or has violated
(2) When the court has
principles of natur al justice. no t giv. i the ir per time for both parties to be heard or has violated
tice.
(3) If the err
(3) If the err j r is e ide’ i.
Writ o ast India Commercial Co. Ltd v. Collector of Customs (1962 AIR 1893), it was
Writ
hel o - ast India Commercial
of prohibition
. Pro <un '»n:... is an order Co. Ltd v.toCollector
directed of Customs
an inferior Tribunal(1962 AIR 1893),
forbidding it was
it from
hel j that <. writ proceeding
of prohibition is an order directed to an inferior
therein on the ground of jurisdiction. Tribunal forbidding it from
conti ,uin vitn / proce In University of Mysore v. Govinda Rao. the Supreme Court observed that
Warranto:
Vi ' O1 edure
" Z of quo Warranto confers the jurisdiction and authority on the judiciary to control
Warranto:
utive
t h ’ pi / action in making the appointments to public offices.
edure of quo Warranto confers the jurisdiction and authority on the judiciary to control
ex -.
utive action in

95) Explain judicial review of administrative action by writ jurisdiction

Covered in Qs. 85 on pages 43-44

 57

96) Write a short note on Principles of Writ Jurisdiction

Ans:

The general principles on which writ jurisdiction is exercised by the Supreme Court and the High
Courts may be summarised as under:

(1) Discretionary remedy

justice.
- Court's complete discretion to be exercised in the larger interests of
(2) Locus Standi If issue affects a large section of the public then a writ petitio ted
even if filed by someone not affected by the matter public then a writ petitio ted
- .1Cv ■* bt a (mi1
(3) Delays and laches If the petitioner delays inordinately the court may ertain
If the petitioner delays inordinately the court may notnot
entertain
ertain
rm
(4) Existence of an alternate remedy The court may refuse to alternate remedy is
available The court may refuse to entertar t alternate remedy is

(5) Disputed questions of fact Generally courts do not go o facts

Generally courts do not go o facts
- into isp' _es '
(6) Suppression or concealment of facts
hands"

(7) Policy matters Policy matters are gene ined by courts

atters are gene ined by courts
(8) Political matters- Political matters ar . ally r ■ t exa> y not examined by courts
Political matters ar y not examined by courts
(9) Matters involving private rig Articles 3
Articles■* alsr
32 and d 226
226 provide
provide public
public law
law remedy only
remedy only
- Articles 3 genera.'
d 226 provide public law remedy only
(10) Writ futility test is futile, it will not be granted
.cs —. is futile, ’ ’ ait’ will not be granted
(11) Residuary principle rcisercise
jurisdiction on any
jurisdiction on other matter
any other in thein interests
matter of of
the interests
justice. - .e gra.. f r Uet

The Court's jurisdiction will extend over both executive as well as legislative actions.

97)
97) Write
Write aa short
short note
note on
on Limitation
Limitation for
for Writ
Writ Jurisdiction
Jurisdiction
97) Write a short note on Limitation for Writ Jurisdiction
Ans:
Ans:

The limitations to seek remedy by invoking the higher courts' writ jurisdictions are as under:

(1) If the petitioner delays inordinately the court may not entertain the petition
(1) If the petitioner delays inordinately the court may not entertain the petition
(2) The court will not entertain a writ petition, if the petitioner does not have a locus standi unless the
issue affects a large section of the public.

(3) The court will not entertain the writ petition if there are alternate remedies available to the
petitioner.
 58

(4) The court will not entertain the writ petition if it deals merely with disputed questions of fact.

(5) The court will be well within its rights to reject the petitions if there is suppression or
concealment of facts. This is based on the principle that "He who seeks eq
uity must come with clean
hands".
(6) The court is likely to reject the petition if it is a dispute either of policy or political matters.

(7) The courts will not entertain a petition involving private rights as the writ jurisdiction is in r
(7)public
of The courts will notonly.
law remedy entertain a petition involving private rights as the writ jurisdiction is in r espec.

(8) The court will not grant relief if such relief is going to be futile.

98) What is Laches

Laches
Laches refers
referstotothetheunreasonable
unreasonableororinordinate unexplaineddede.ay in filii a w,.< petition.
inordinateororunexplained petition.Under
Under
the doctrine of laches, if there is such delaydelayin filing a writa peti
in filing don,
writ peti ae r jurt i , ' s ample
s amplepowers
powersto to
reject the petition even if it is of the view that the Governm jnt's r "'de cha1’ • nged in in such
suchaapetition
petition
is bad in the eyes of the law.

There is no period of limitation fixed by the Limitat.on A<~t fo f he n ’ ing of a writ petition. Nor is any
provision made for this purpose in the Const .cutio of i dia. The doctrine of laches, therefore,
applies in the matter. It is the court's discretion to determine whether a petition should be
entertained or nototbased
basedon
onthe
thefacts andcc .rec nstu ces oz the case.
factsand

Under the doctrine of laches, if there is an ■ ireasor able or or unexplained

unexplained or orinordinate
inordinatedelaydelayininfiling
filing
nple „
a writ petition, the court has aample powers
owers ■>
t tto reject
r the
eject the petition
thepetition even
evenifififitit itisis is
petitioneven ofof
of thethe
the view
view thatthat
view
that th the
th
Government's order challeng ed in s i ' h a petition is bad in the eyes of the law. However, it is the
court's discretion to determine whether to allow the petition or not.
+
e of amil .
in P. S. Sadasivaswamy v. Sta adu, (AIR 1974 SC 2271), the Supreme Court
in P. S. Sadasivaswamy v. Sta adu, (AIR 1974 SC 2271), the Supreme Court observed that:
"It would be a so ...v a. d wise■> eexercise of discretion for the courts to refuse to exercise their
"It would aibe ooi ?’ ur le d r wis
extraordin J
xercise
Arts. 32 of in
an 226 discretion
the case for the courts
of persons whotodorefuse to exercise
not approach their
the court
extraordin
expedi jous' iu. r ehu.. " r Arts. 32 an 226 in the case of persons who do not approach the court
z

expedi "
I i Rar <.1.no. r ’ ankar

’ . e ri ° v rIich lays
ankar Deodhar v. State of Maharashtra, (AIR 1974 SC 259) has observed as follows:
down that a court may not enquire into belated or stale claims is not a rule of
k v, . <t ' rule of ich lays down
practice basedthat a courtand
on sound mayproper
not enquire into
exercise of belated or stale
discretion; t claims is not a rule of
. ‘ f at whenever rule there
of practice based
is delay, the on sound
court and
must proper exercise
necessarily refuse of
to discretion; there
entertain the is no inviolable
petition. The
n r estion is one of discretion to be followed on the facts of each case."
at whenever there is delay, the court must necessarily refuse to entertain the petition. The
estion is one of discretion to be followed on the facts of each case."
 59

99) What is the Difference between Limitation and Laches

Limitation is a statutorily prescribed time limit after an event within which legal proceedings may be
initiated. In other words, limitation prescribes the time-limit for different suits within, which an
aggrieved person can approach the court for redress or justice. In India limitation is defined under the
Limitation Act, 1963 or in the specific piece of legislation relevant to the matter under
consideration.

Laches is a lack of diligence and activity in making a legal claim, or moving forward w
Laches is a lack
enforcement of diligence
of a right, and in
particularly activity
regardintomaking a legal
equity. This claim,
means thatorit is
moving forward w
an unreaso
nforcement
that of a right,
can be viewed particularlythe
as prejudicing in regard to equity.
opposing party. This
When means that in
asserted it islitigation,
an unreaso - : leg '
that can be viewed as prejudicing the opposing party.
defence, that is, a defence to a claim for an equitable remedy.When asserted in litigation, liable g 'ay
it is j n • ’uit>
The defence of laches resembles a statute of limitation since both are concerned w 'th ens ng r
that
The defence
plaintiffs of
plaintiffsbring laches
bringtheir resembles
theirclaims a statute
claimsinina atimely of limitation
timelyfashion. since
fashion.However, both
However,a astatute are concerned w
statuteofofli limita* io. is iscoconcernedng that
rned onlyonly
>iv'
plaintiffs bring their claims in a timely fashion.
with the time that has passed. Laches is concernedrned However, a
withwithstatute
the rea of
the rea limitation is co thethe rned
delay only
delayinina a
jonak ,Qr ' c<; o.
particular situation and so is more case-specific and more focuse
specific and more focuse d on ’ ’ ' e q 'tab'
e conduct of the
e conduct of the
plaintiff. Laches is based on equitable reasoning and equita reas, limitation
limitation isisa a
jle ren ed'js dv
statutory remedy.

100) Write a short Note on PIL and Judicial Activism

Public Interest Litigation (PIL) means litigation filed in a court of law, for the protection of "Public
Interest". The Supreme Court has, in the case of Janata Dal v. H.S.Chaudhary, [(AIR 1993 SC 892) ,
held that lexically, the expression 'PIL' means a legal action started in a court of law for the
enforcement
enforcement of of public/general
public/general ii liters. tt where
where the e public or a particular class of the public has some
*b public or a particular class of the public has some
interest
interest that
that affects
enforcement their
their le
of public/general
affects k bilities.
interest rwhere
le _,alrights bi e public or a particular class of the public has some

PILs
PILs are
are filed
filed generally
generally ei
ei'•he oy ■'vokiri, t hr Writ
Writ jurisdiction
jurisdiction of
of the
the Supreme Court under
Supreme Court under Article
Article 3232
of
of the
the Constitution
Constitution or
or by
by in
in 'okim the Writ jurisdiction of
Writ jurisdiction of the
the High
HighCourt
Courtunder
underArticle
Article226
226ofofthethe
Constitution.

While PIL>p. or t *'.e 1 9' s were primarily on issues related to disadvantaged sections of society,
from t .ie l r jub 'hey expanded considerably to to include
include issues
issueslike
likeprotection
protectionofofthethe environment,
environment,
rig <t to edb ation to corruption-free
corruption administration.

’he i.ct : ,e i oleole of the

of the judiciary
judiciary in in upholding the rights of citizens and preserving the constitutional
. n t 'egu' , ystem ofof
ystem thethe
country is is
country known asas
known judicial activism.
judicial Judicial
activism. activism
Judicial is is
activism anan
effective tool
effective forfor
tool
upholding citizens' rights and implementing constitutional principles when the exe cutive and
leg. ’ature fail to do so.

There are provisions in the constitution itself for the judiciary to adopt a proactive role. Article 13
read with Articles 32 and 226 of the Constitution provides the power of judicial review to the higher
judiciary to declare any executive, legislative or administrative action void if it is in contravention
with the Constitution.
 60

101) Discuss role of Supreme Court as a protector of rights through PIL

Public Interest Litigation has played a very significant role in the judicial activism shown by the
Supreme Court as the protector of the Constitution. The concept of PILs and the relaxation in the

defend the principle

traditional Constitutional rights
of locus of was
standi the public. Much
primarily of the
a result ofcredit for the introduction
the Supreme andapproach
Court's activist growth ofto
PIL in India goes to Justice P. N. Bhagwati though the seeds were sown even earlier to his tenure in
the Supreme Court.
One of the earliest cases on Public Interest Litigation, which gained widespread covera je, was '■’at
of Hussainara Khatoon v State of Bihar [AIR 1979 SC 1369] which focused on the inhu . n a n ' j n t >on_
of the prisons andinhu
of the prisons
under and underThe
trial prisoners. trialSupreme
prisoners. The held
Court Supreme Court
that in held that in matter
matter the
o w ;ch ar . in the
t ofspeedy
larger interest of the public right to the public right
justice is atoFundamental
speedy justice is a Fundamental
Right, whic Right, whic the the
S come, wilin'
scope of 'life' and 'personal liberty' guaranteed under Article 21.

PILs have played a very important role in bringing to light the arbitra e administrative
PILs have played a very important role in bringing to light
authorities and the Supreme Court has performed its own role a the arbitra . y ac t _»n th e administrati
the constitution
authorities
with aplomband in the
thisSupreme Court has
regard though performed
the time its own
has come role
to intr.ay. a
wn s t
someh ro ra.
norms n o r thePILs
for constitution
given the
ough the
spate of frivolous litigations that are seen totime has come to intr
jspect la d r wn some norms for

102) Define PIL and explain concept with High Court and Supreme Court cases

Public Interest Litigation (PIL) means litigation filed in a court of law, for the protection of "Public
Interest". The Supreme Court has, in the case of Janata Dal v. H.S.Ch udhary, [(AIR 1993 SC 892) ,
held that lexically, the expression 'PIL' means a legal action started in a court of law for the
enforcement of public/general .liters. t where the *he public
public or
or aa particular
particular class
class of
of the
the public
public has
has some
some
interest that affects their le
enforcement of public/generalle > 1 interest bilities.
k bilities.e public or a particular class of the public has some
rights rwhere

PILs are filed generally ei '•hf oy ■'vokiri, thr Writ jurisdiction of the Supreme Court under Article 32
of the Constitution or by in 'okim the Writ jurisdiction of of the
the High
HighCourt
Courtunder
underArticle
Article226
226ofofthethe
Constitution.

In Hussainar< Kha n n v t* te of Bihar [AIR 1979 SC 1369] which focused on the inhuman conditions
of the prisein is o d u..v' r trial
te ofprisoners,
Bihar [AIRthe1979 SC 1369]
Supreme which
Court focused
held onmatters
that in the inhuman
whichconditions
are in the
of the r trial prisoners
lar o er inter, "t of i.r public right to speedy justice is a Fundamental Right, which comes within the
lar public right to speedy justice is a Fundament
scope of 'life' and 'personal liberty' guaranteed under Article 21.

In S.P.Gupta vs. Union of India [AIR 1982 SC149], it was held that "any member of the public or
social action group acting bonafide" can invoke the Writ Jurisdiction of the High Courts (under article
226)
226) or
or the
the Supreme
Supreme Court
Court (under
(under Article 32) seeking
Article 32) seeking redressal
redressal against
against violation
violation of
of legal
legal or
or
constitutional
constitutional rights of persons
rights of persons who
who due
duetotosocial
socialororeconomic
economicor oranyany other
other disability
disability cannot
cannot
approach the Court.

However, there has also been a steady rise in frivolous PILs. Courts have reacted to such frivolous
cases with concern and have often not only dismissed such petitions but have also imposed
penalties.
 61

In SPV Paul Raj v. The Chief of Electoral Officer and Anr. [WP (MD) No. 7078 of 2021], where the
petitioner prayed that the High Court direct the state to conduct compulsory medical tests of
candidates, contesting in the Tamil Nadu Legislative Assembly Elections, to protect voters from being
infected with COVID-19, the court held that there was no basis for such a petition and it was
completely frivolous. The petition was dismissed with costs and the petitioner was banned by the
court from filing petitions for a period of one year without taking prior leave of the Bench.

103) Write a short note on SLP

Article 136 of the Indian Constitution, allows the Supreme Court to grant specia
Article any
against 136 judgment
of the Indian Constitution,
or order allows
in any matter the Supreme
or case, made by Court to grant
any court or tribspecia < ■'ave to jpintry.
a1
against
The any judgment
petition or order the
filed for invoking in any matter
powers of or
thecase, madeCourt
Supreme by anyunder
courtArticle
or trib136,unal ntry.
i in he <'■ pecial
Leave Petition (SLP) for invoking the powers of the Supreme Court under Article 136, i
s callet a ' pecial

A SLP can be filed under the following circumstances:

(1) SLP can be filed against any judgment or decree of any cou dia
(1) SLP can be filed against any judgment or decree of any cou dia
(2) SLP can be filed if the High Court refuses to gran ,rt or trit ’ .al ir fitness
lr for appeal to the
can be
Supreme Court (SC). filed if the High Court refuses to gran fitness for appeal to the
. the ce t r .cat *■
SLP can be filed against any judgement of High days from the date of the judgement
SLP can
or within 60be filed
days against
against theany judgement
order of High
of the HC ° the days
Court vit’.inant from the
certificate of date of the
fitness forjudgement
appeal to
SC. HC
ref ing ti 'T" ant the certificate of fitness for appeal to

The nature of this power of the SC is of resi ature and its definition is not limited. A study of
TheSLPs,
the naturehowever,
of this power
showsofthat
the SC is of resi nts ■luary
leave ronly
aturein
inand itsofof
case definition is not
exceptional limited. Aand
situations study of
follows
c h e f . <_ only case exceptional situatio
the SLPs, however,
well-established
established shows
judicial pr that the SC grants leave
rcising
rcising only
the
the in case of exceptional
discretionary power.
power. situatio
ycedi es ir ext

The
TheSupreme
SupremeCourt
Courthas
hasclar
clar issal
issalofofaapetition
petitionfiled
filedunder
underArticle
Article136
136should
shouldnot
notbe
be e
ifieo hat 0 ;rr per se and hence there can be
construed
no to be the apex court's comments on the merits of the cas
res judicata.

104)
104) Explain
Explain thethe tortious
tortious liability
liability of
of the
the government
government withwith the
the help
help ofof apex
apex court
court judgments
judgments andand
important
important casescases
important cases
T bility of the government is its vicarious liability for acts committed by government .
To. :ou_ ■' The bilityEnglish
of themaxim
government
that theisKing
its vicarious
can do no liability fornot
wrong has actsfound
committed by governm
acceptance in India and
. The English maxim that the King can do no wrong has not found
s t vat..'overnment has been held liable for the acts of its employees. However, in someacceptance in India andthe
cases,
triu r overnment
courts in India have hasmade
bee a distinction between sovereign and non-sovereign functions of the state. It
courts in India have made
has been held that whereas a distinction
the state isbetween
liable in sovereign
respect ofand
non-sovereign functions carried out by its
employees, it enjoys immunity when such employees are discharging sovereign functions.
However, what constitutes a sovereign function and what does not is still not clear and often courts
have given decisions not consistent with each other. For instance, in Bata Shoe Co. v. Union of India
(AIR 1954 Bom 129), the Bombay High Court opined that the running of railways by the government
 62

was a sovereign function whereas in Maharaja Bose v. Governor General-in-Council (AIR 1952 Cal
242), the Calcutta High Court held it to be a non-sovereign function.

In State of Rajasthan v. Vidyawati (AIR 1962 SC 933), a jeep owned and maintained by the state of
Rajasthan for the official use of the Collector, knocked down a pedestrian, who later died, because of
rash and negligent driving by the driver. The Supreme Court held that the state was liable to pay
damages to the widow. In the course of the judgment, the court did not go into the question of
whether or not this was a sovereign function.

In Kasturi Lal v. State of U. P. (AIR 1965 SC1039), when the petitioner sought to invoke the state's
tortious liability, for his gold bars, earlier confiscated
arlier fromfrom
confiscated him,him,
which werewere
which stolen
stolen oy a -on abk
who later fled to Pakistan, Supreme Court held that the police were performing a n
oov 'eign z jnc u-
and hence the state was not liable.

In Basava Patil v. State of Mysore (AIR 1977 SC 1749), which was a ca r to t Kasturi Lal
chch
case, the Supreme Court, reversing the order of the High Court, ordwas
wasa case
a ca similar
.e sir i k to
r tot Kasturi
to payKasturi
the < Lal
Lal
the cash
c

case, the ereo he cf Ate

equivalent of Supreme Court,toreversing
the ornaments the order of the High Court, ord
the appellant. to pay the cash

In
In Chairman,
Chairman, Railway
Railway Board
Board v.
v. Chandrima
Chandrima DasDas (AIR
(AIR 2000
2000 SCSC ,, aa case
case for
for compensation,
compensation, where
where aa
lady
lady was
was gangraped
gangraped byby railway
railway employees
employees in in aa Central
Central ment
J88)ment Guest House and
Guest House and where
where thethe
Railway authorities had sought dismissal of the case
Railway authorities had sought dismissal of the case follow follow Govethe n law laid down in the Kasturi
the law laid down in the Kasturi Lal Lal
case, the Supreme Court held that the theory of sovereign
ory of sovereign ■nger propounded ininKasturi
er propounded KasturiLal's
Lal'scase
caseis is
no
no longer
longer available
available to
to the
the government
government inin aa wel
wel .are cti. :e .. oov
In
In Shyam
Shyam Sunder
Sunder v. v. State
State of
of Rajasthan
Rajasthan (AIR
(AIR 1974
1974 SCSC 890),
890), aa government
government employee
employee traveling
traveling inin aa
government vehicle used for famine relief work died due to the negligence of
government vehicle used for famine relief work died due to the negligence of the driver of the the driver of the
vehicle.
vehicle. When
When his his widow
widowsuedsuedfor
fordamages,
damages, thethe state
state contended
contended that
that itit was
was not
not liable, as itit was
liable, as was
engaged
engaged in performing aa sovereign
in performing sovereign function.
function.Rejecting
Rejectingthis
thisargument,
argument,the theSupreme
SupremeCourt
Courtheld
held
thatthat
it it
cannot be said that famine <elief k o n ot . he sovereign functions of a state.
said that famine he sovereign functions of a state.
105) Which case is followed in India as a precedent for sovereign functions
105)
105) Which
Which casecase is followed
is followed in India
in India as as a precedent
a precedent forfor sovereign
sovereign functions
functions
The case which is folic wed as :he p’ ecedent for sovereign function is the case of Peninsular and
The caseSte
Oriental which
i m Nis followed as v.ecedent forofsovereign
State for function is the5 Bom.
case of Peninsular and
The case which wedCompany
g? ion Secretary
as the precedent for sovereign India [(1861)
function is the caseH.C.R. App. I,p.1].
of Peninsular and
The brief Ste
Oriental facts of the case are that the company's
Company servant
v. Secretary wasfor
of State onIndia
his way to Calcutta
[(1861) 5 Bom.inH.C.R.
a carriage
App. I,p.1].
pulle j by e coup ' of ' orses. An accident took place when the wagon was travelling through the
Government's dockyard because of the noise created by the dockyard workers dropping heavy iron
pulle orses. An accident took place when the wagon
'ods .

. any filed a suit against the Secretary of State for India to get relief for the damages. The
i i e w e Court of Calcutta held that the Secretary of State is liable for the damages. This case is the
c
uJ rer any filed a suit against the Secretary of State for India to get relief for the damages. The
case which brought upon the difference between sovereign and non-sovereign functions of the
firs' e Court of Calcutta
state. As the maintenance of Dockyard is a non- sovereign function, Government was held liable.
case which brought upon the difference between sovereign and non
state.case
The As the maintenance
became of Dockyard
a landmark is a nonto decide on issues relating to the State's vicarious
and a precedent
liability in torts. The courts generally followed the principle that if the act for which a tortious liability
was being claimed against the state was part of a sovereign function the government would not be
liable. On the other hand, if it was a non-sovereign function, the government would be liable.
 63

106) What is non-sovereign functions

The concept of sovereign or non-sovereign functions is important in the context of determining the
state's i.e. the government's liability in Tort.

Sovereign functions of the state can broadly be defined as those functions where the state is not
answerable before the court of law for their performance. Thus, functions ions likelike the
the defence
defence ofof the
the
country,
country, maintenance
maintenance of of peace
peace and
and order
order in
in the
the territory
territory fall within the
fall within the ambit
ambit of of sovereign
sovereign functions.
functions.
With passage of time and in the context of being a welfare state other inalienable st
With passage of time and in the context of being a welfare state other inalienable st ate functions functions
such as taxation, police functions,
functions,administration
administrationofoflaw lawetc.
etc.have
haveall
all become
become part part of
of sovereign
sovereign
functions. The The
functions. statestate
is not liable
is not in the
liable discharge
in the dischargeof of
its its
sovereign
sovereignfunction
function forforany
anyliability
liabilityemerging
emerging
from wrongful acts of its employees.

Non-sovereign functions are those functions that are amenable to the f an ordinary civil
s that
court and the state will be vicariously liable for anyare amenable
tortious act ofto the jdi. die on c fhean discharge
ordinary civil
of
court and the
such functions. state will be vicariously liable for any tortious act ofits emolo, es m ' he discharge of

107) Write a short Note on Liability of government in contract

Under Article
icle 299
299 of
of the
the constitution
constitution the
the requi
requi ent contract are:
jtes fo a av t
(1) The contract must be expressly made i he President or the Governor as the case
may be .1t i ' nc. ">e of *

(2) Contract must be executed o lf of the esident of India or the Governor of the State
(2) Contract must be executed oon behalflfof
ii be>. ofthe
the President
esident
Pr of India or the Gove
(3) Contract must be exec n authorized by the President of India or Governor of the
(3) Contract must be exec uted b , e ersu n authorized by the President of India or Governor of the
State. b

The liability of th j Go vernmen *•• ..Il bethe same as is the case in a normal contract under the Indian
The liability of the Governmen
Contract Act, 1872 .> 's, a pers
p can suesame
on the the as is the case in
Government fora the
normal contract
breach under the
of contract andIndian
may be
awarded j a ''age by t e court. However, under Article 299 Clause 2, the President and the
Gover ,or a’ j i. ■*pc. son who is is authorized
authorizedtotoact
actonontheir
their behalf
behalf areare provided
provided immunity
immunity fromfrom
any any
per oonal lia <lityvi.: ch may be
ch may be incurred due to non-performance
non under the contract.

’he < j u is i . v e also held

e also that
held in in
that case thethe
case Government
Governmenthashasderived any
derived anybenefit from
benefit froma person
a personbyby
anan
. gi ?m nt which nt which does
does notnot fulfil
fulfil thethe requirements
requirements under
under Article
Article 299,
299, thethe Government will be held
Govern
lia l i e >.• r compensating
r compensating the
theother
otherparty under
party Section
under 70
Section of
70 the
of Contract
the Act
Contract and
Act andsuch a contract
such will
a contract will
deemed to be b t deemed to be a quasi
provided to protect an ainnocent party from
quasi-contract to the extent the Government gets the benefit. This has been
provided to protect an innocent party from suffering loss.
 64

108) What is doctrine of unjust enrichment

Unjust enrichment has been defined as: "A benefit obtained from another, not intended as a gift and
not legally justifiable, for which the beneficiary must make restitution or recompense." A claim for
unjust enrichment arises where there has been an "unjust retention of a benefit at a loss of another or
the retention of money or property of another against the fundamental principles of justice or equity
and good conscience."

The essentials of the Doctrine of Unjust Enrichment are:

(1) The defendant has been enriched by the unjust benefit

2) This enrichment has taken place at the expense of the plaintiff

3) The enrichment which has been acquired is unjust or unfair

In India, the doctrine of unjust enrichment is codified in enactm e Contract Act

enrichment
(Sections 68-72) and some other statutes. Theis law
codified
has in
beeenactm
,nts <c as i.ped e byContract Act
various
judgments. 72) and some other statutes. The law has bee d fi'""1 ° r <°vel' ped by various

The concept of unjust enrichment is basic to the subj , and is approached as a

The concept principle.
fundamental of unjust The
enrichment
meaningisofbasic to the
the term 'res subj _-ct of res\ci’"ior , and istoapproached
been extended include notasonly
fundamental principle. The meaning of the
the restoration or giving back of something term 'res .itutif been extended to include
ha. wner, but also compensation, not only
the restoration indemnification,
reimbursement, or giving back orofreparation
something co i+ "ighi Jed rfrom, wner,orbut alsoorcompensation,
for loss injury caused.
reimbursement, indemnification, or reparation ror he ef; s c -i* e

109) Write a short Note on Salus populi est suprema lex

This maxim means that the rregard for the

the public
public welfare
welfare isis the
the highest
highest law.
law. As
As per
per this
this maxim
maxim an
an
This maxim means that the r egard . irthe public welfare isofthethehighest law. As per this maxim
community and that his property an
individual's
liberty welfare
and life shall,shall,
un in case of necessity,ances,
yield to
be that
placed in jeopardy or even sacrificed for the
libertygood.
public and life shall, un 'er _eiK ’n cire ms
ances, be placed in jeopardy or even sacrificed for the
f

This maxim along with the maxim "necessita public major est quan" which means that public
necessity .s greater than the private necessity constitute the basis for the doctrine of "eminent
domain" which permits the sovereign state to acquire private property for public good provided no
er subs*. vuteoth
i ' vailable. It is in this background that the right to property under the Indian
<_ons'.cut . •» Wd> reduced from
reduced a fundamental
from right
a fundamental to atoconstitutional
right right.
a constitutional right.
 65

110) Write a short Note on Rights to know

The right to know has always been considered to be part of the right to freedom of speech and
expression and the right to life, and therefore, a fundamental right under Arts. 19 and 21 of the
Constitution of India.

In Reliance Petrochemicals Ltd. v. Indian Express Newspapers (Bombay) Pvt. Ltd. (AIR 1989 SC 190),
the Supreme Court had observed that if people eofofa acountry countryarearetototake
takeeffective
effectivepart
part in ?
democracy,
democracy, they
they must
must have
have aa right
right to
to know.
know. The
The right
right to
to know,
know, according
according toto the
the apex
apex court,
court, ii o : b a / '
right
right which
which citizens
citizens of
of aa free
free country
country aspire
aspire for
for in
in the
the broader
broader horizon
horizon of
of the
the right
right to
to liv
liv _ under ' rt.
21 of the Constitution.

In Dinesh Trivedi v. Union of India (1997 4 SCC 306), after the death of a , a
In Dinesh Trivedi
Committee was setv. upUnion of Indiainto
to inquire (1997
the 4activities
SCC 306),and after
links the
of death
mafia of a politic ’ ac nd 1the
organ , a
Committee wasof set up to inquire into the Nation: ?
criminalization politics. The Committee' sactivities
s report was
report wasand
notnotlinks
mademade ofavaila
availamafia organ
jle tc ti. e public
e publicandndaathe
and writ
writ
s report
petition under Art. 32 of the Constitution was filed. The. The was not
apexapexmade available
courtcourt uph<'d to the
ht public
rig to and
know
ht to a
knowandwrit
and
pointed
pointed out
out that
that in
in modern
modern constitutional
constitutional democracies,
democracies, itit is
is axio
axio ss r have
,natiA / »t u uize have aaright
rightto to
know about the affairs of their country.

In Union of India v. Association for Democratic Reforms ), the Supreme Court held
In Union of India v. Association for Democratic Reforms
that every voter has the right to know the anteceden ,aIR 2C )2 ll" ), the Supreme
criminal activities,
r Court held
of a candidate.
that every voter has the right to know the anteceden .o,inc ding criminal activities, of a candidate.

111) What is the object of RTI Act

The object of the RTI Act, as reflected in i 's r .eambk , is "to provide for freedom to every citizen to
The object
secure of the
access RTI Act, as un
to information reflected
,er theincontr
i , is "to
-»lof public provide consistent
authorities, for freedomwith
to every
publiccitizen to
interest,
secure access to information under the contr public authorities,
in order to promote openness, transi ai ency and accountability in administration". consistent with public interest,
ss, ency and accountability in administration".
ss, transparency
Underlying the basic rati ona1 'f the > Act is the maxim, Salus populi est spremea lex i.e. Let the
Underlying
good of the the basic
people berati
the s ipren ?law / other is thewords,
maxim, theSalus populi
welfare of est
thespremea lexsuperior
people is i.e. Let to
thethe
good of the people be the s other words, the welfare of the people is
welfare of the in divideal. So, th . welfa'e of the individual must yield to that of the community. superior to
welfare of the individual. So, th e of the individual must yield to that of the community.
The enactm/ nt of thr KT' A. t, is the crystallisation of the statutory basis for the Right to know which
The be
has enactm.n ah" mphasized
s t. t, is
bythethecrystallisation
Courts. It repre of the statutory basis for the
sents a significant Right
step to knowmovement
in India's which
has be
towa rds sti ngtht mphasized by the Courts.
!r g a constitutional democracy It repre
that India is.
towa g a constitutional democracy that India is.

112) Define 'Information' as per RTI Act

The term 'information' is defined in

in the
the RTI
RTIAct
Acttotomean
mean"any
"anymaterial
materialininany
anyform,
form,including
includingrecords,
records,
documents,
do memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form and information relating to
any private body which can be accessed by a public authority under any other law for the time being
in force".
 66

113) State any two reasons for the establishment of Public Corporation

A Public Corporation can be defined as an organization, set up by an Act of Parliament with the
purpose of promoting economic and social activities of the country. The reasons for establishment of
a Public Corporation are as under:

(1) To create employment

(2) To create an essential industry For example the Oil and Natural Gas Corporation cre
explore hydrocarbon resources like oil For
and example theDamodar
natural gas, Oil and Natural Gas Corporation
Valley Corporation for flocre <ted t /
and generation & transmissionesof
like oil and
power etc.natural gas, Damodar Valley Corporation for flo od cc tro,

(3) To ensure that prices of essential services like water, electricity etc. are contro
iled
(4) To control and regulate an Industry like Reserve
eserve Bank
Bank of
ofIndia
Indiafor
forthe
the Ba
Ba ikh 'Stry

(5) To provide capital in capital deficit areas

(6) For political reasons

114) Define Public Corporation and discuss in detail the control of Public Corporation

Ans:

A public corporation can be described as sm' with some features of a government

A public corporation
department and some can be described
features of a comas u i, brk ny. It is sm'
organ’ with some
established by orfeatures
under aofstatute
a government
and is a
department and some features
body corporate with perpetual successiof a com
Oover i. a common
mere 1 i comp/ ny. It is established by or under a statute
seal. It has an independent corporate personality and
is a bodyity
different corporate
from the with
different fromperpetual successi
Art. 1 2 of
the heent. «nandaa acorporation
ent. Since
Since common seal.
corporation is It has an
is created
created byindependent
by or
or under corporate
under aa statue,
statue, it is
it is aa
'state' ity different from the government. Since a corporation is created by or under a statue, it is a
'state' for
for the
the purposes
purposes ofofr Ar '’"’6 oi J ' ConIndian
Indian Constitution.
Constitution. Therefore, writ petitions
Therefore, writ petitions can
can be
be filed
filed
against
against itit under
under Art.
Art. 32
32 oo stitution.
stitution.

There
There are
are generall our type
generally four type orporations
orporations as
as under:
under:
/i ' of r j blic '
(1)
(1) Commer
Commer ,ial cc por do ns
ns such
such as
as State
State Trading
Trading Corporation,
Corporation, Air
Air India,
India, Indian
Indian Oil
Oil Corporation
Corporation etc.
etc.
(2)
(2) Dev
Develop .c. ' co. porations
porations such
such as
as Food
Food Corporation
Corporation of
of India,
India, Oil
Oil &
& Natural
Natural Gas
Gas Corporation,
Corpora
Da
Da .iodar V ’ley G . <* ration
ration etc.
etc.

'3) Si cir se z ee corporations

corporations such
such as
as Employees
Employees State
State Insurance
Insurance Corporation
Corporation

( ’ ) I- ' a rcial
cial corporations
corporations such
such as
as Reserve
Reserve Bank
Bank of
of India,
India, State
State Bank
Bank of India etc.
of India etc.

ic
ic Corporations
Corporations are
are subject
subject to
to the
the following
following controls:
control
Pun'
(1) Judicial control Public corporations are answerable in a court of law to the same extent as any
private or public company. They can be sued for a breach of contract or for torts committed by their
servants in the course of their employment. As a public corporation is a 'state' under Art. 12 of the
Constitution of India, writ petitions can also be filed against them under Arts. 32 and 226 of the
Constitution.
 67

(2) Government control Being dependent on the government, the latter can exercise effective
control over them. The parent Act of a public corporation may authorise the government to
supercede, abolish or dissolve it if the corporation exceeds its authority or abuses its powers.
Likewise, a statute may empower the government to institute investigation and inquiries into the
working of a corporation. The government can also issue directives to them regarding policy
matters.

(3) Parliamentary control Given thatthat

Given thethe
public corporations
public areare
corporations set set
up up
under a statut
under a statutj, t h e e
Legislature can exercise control over them by keeping check on the use oreabuse of powers
or abuse of powersvested i.
them. The Minister in charge has to frequently answer questions related to them. Gov ernm nt > '$
also constituted a Committee on Public Undertakings to keep a checkcheck
on on public
public corpo
corpo ratio s.

(4) Public control TheThe public

public cancan exercise
exercise control
control through
through various
various bodies
bodies mermer
Councils, RBI Ombudsman
Councils, RBI Ombudsman
- etc. Control over public corporations is also
etc. Control over public corporations is also made avai
avai der thethe
der
’ike the Coho'
Consumer Protection Act, 1986. jack "able t

115) Write a short note on RBI

The
The Reserve
Reserve Bank
Bank of
of India
India (RBI)
(RBI) was
was established
established on
on Apr
Aprd 1, 1 J3L ’ i acr r dance
dance with
with the
the provisions
provisions of
of
the Reserve Bank of India Act, 1934. Its main functi
the Reserve Bank of India Act, 1934. Its main functi jns arQ:

(1) Monetary Authority In this role,role,

In this RBIRBI
for for nts and monitors
nts and the the
monitors monetary policy
monetary p
with the objective of maintaining price stability
- julat 3, irr jler g in mind the objective of growth.
ie

(2) Regulator and supervisor of the fin wi. ’e k e t .z In this role, the RBI prescribes broad
H

parameters of banking operation ithin whi

operations within whi e country's banking and financial system functions
i n al systr -
with the objective of maintai
maintaining publiccconfidence
confidenceinininthe
confidence the
the system,
system,
system,protect
protect
protectdepositors'
depositors'
depositors'interest
interest
interestand
and and
□w 'h t h
provide cost-effective
effective ban
ban ee public.
public.
<iing p i H i
(3) Manager of Foreign Excxingst. e i t o t .role, RBI
RBImanages
managest the Foreign Exchange Management Act,
1999 with the objective
ctive ' of , external trade
ange - In t hing trade and
and payment
payment and
andpromoting
promotingorderly
orderly
development obje enance r _cilita
oreign
+ exchange market in India.
and ■<di> 'ff
development
(4) Issu _r of enance
"er. ■In
of foreign exchange market in India.
- this role, RBI issues and exchanges or destroys currency and coins not fit
for c irculat »n wit h the objective of giving the public adequate quantity of supplies of currency notes
(4) Issu In this role, RBI issues and exchanges or
.nd cr .n_ ■'no in good quality.
for c h the objective of giving the public adequate quantity of supplies of currency notes
ental
S , Oev lor / in goodrole - In this role, RBI performs a wide range of promotional functions to support
quality.
n tio. ■’I' bjectives.
ental role
egulator and Supervisor of Payment and Settlement Systems In this role, RBI introduces and
(6)'
bjectives.
upgrades safe and efficient modes of payment systems in the country to meet the requirements of the
publicegulator
at large with the of
and Supervisor objective
Payment of
andmaintaining public confidence in the payment and
Settlement Systems
settlement system.
upgrades safe and efficient modes of payment systems in the country to meet the requirements of

(7) Banker to the Government In this role, RBI performs merchant banking function for the central
and the state governments and also acts as their banker.
 68

(8) Banker to banks In this role, RBI maintains banking accounts of all scheduled banks.

RBI is managed through a Board headed by the Governor. It has 27 regional offices, most of them in
state capitals and 4 Sub-offices.

116) Discuss the Rights, Duties and Liabilities of Public Corporation

Ans:

The Rights, Duties and Liabilities of a Public Corporation are:

(1) Rights

(i) It can sue and be sued

(ii) It possesses the powers conferred under the statue und was established and
(ii) statutes
other It possesses thespecify
which powersitsconferred
role. For under the statue
example, the B und er whk s . was established
Act, and
the Foreign
Exchange Management Act etc. in the role.
caseFor
ofexample,
RBI. thednki
B r r j u u '■ip
6 Act, the Foreign

(2) Duties

(i) To exercise its powers in a just, fair and way.

(i) To exercise its powers in a just, fair and reas' ble way.
(ii) To act in a bonafide manner and i the general public.
(ii) To act in a bonafide manner and i .1the aterr >ts< f the general pub
(3) Liabilities

(i) Liability in Contract be sue e it is not a government department, Art. 299 of

the Constitution does - a.
can be to ’ Sinr
suecontracts eentered
it is notinto
a government
by it. department, Art. 299 of
not ap l\
the Constitution does not apply to contracts entered into by it.
theLiability
(ii) Constitution
in tordoes to contracts entered
iability in respectinto by it.by its employees.
of acts
cs - K as Viu ous i
(ii) Liability
(iii) Liabilit inn tor
Crimin iability inliability
as vicarious respectfor
of crimes
acts bylike fraud, libel, contempt of
court e /. al La i -mployees.
itted by It '
(iii) Liability
court e <.c.cn in Crimin
ri its e as vicarious liability for crimes like fraud, libel, contempt of
itted by its employees.
court
(i etc. committed by its employees.
r the Constitution Since a corporation is a state under Art. 12,
(i /) l ~«bh• ghts un rpcan
the beConstitution
enforced against -
it under Articles 32 and 226 for violation of
fun .amt tai r l rights ghtsascan be enforced against
held by the Supreme Court it under Articles
in Sukhdev 32 v.
Singh and 226 for violation
Bhagatram (AIR 1975of
f|
m t 'mer . ' l rights as held by the Supreme Court in Sukhdev Singh v. Bhagatram (AIR 1975
S . 33J' .
.

(v) Liability to pay taxes unless exempted by any specific law. For example, RBI is exempted
(v) Liability
from paying to
taxpay taxes
under Secunless exempted
48 of the by any specific law. For example, RBI i
RBI Act.
 69

117) Write a short note on Civil Services in India

Ans:

The Civil Services is part of the executive branch of the government. Civil Services constitute the
permanent backbone of the administration of the country and is responsible for implementation of the
policies laid down by the Ministers under the control of the legislature. The Civil Services can be
classified in the following 3 categories:

(1) All India Services common for the centre and states. Examples are IAS & IPS.

(2) Central Services Examples are Indian Revenue Service, Indian Railway Traffic Ser
Examples are Indian Revenue Service, Indian Railway Traffic Ser /ice c c.
(3) State Services

The Central Services can be further classified under the following categor
The Central Services can be further classified under the following categor .es
(1) Class I service like the Indian Foreign Service, Indian Revenue Ser
an Foreign Service, Indian Revenue Ser vice etc.
(2) Class II services like Telegraph Engineering Service, Section tc
(2) Class II services like Telegraph Engineering Service, Section Officer. q rvic r tc
(3) Class III service covers stenographers, typists, Clerks etc.
(3) Class III service covers stenographers, typists, Clerks etc.
(4) Class IV service covers, peons, sweepers etc.

The highest
ghest ranking
ranking civil
civil servant
servant is
is the
the Cabi is the ex
ex-officio Chairman of the Civil
Services Board and the chief of the Indian iet S( .ret? y. F Service
p and head
and head of
ofall
allcivil
civilservices.
services.HeHe
holds the 11th position in the Order of Pr hl nin. India.
*rativc
Indi
eced' ice of
The three basic features or char stics of
characteristics of cc service in India are reflected in Arts. 310 and 311 of
TheConstitution
the three basic features
of India,oraschar jctei.stics of civil’ / service
il in India are reflected in Arts. 310 and 311 of
under:
(1) The doctrine of pleas
(1) The doctrine of pleas 're 310)
(2) No dismissal o moval by a inate authority (Art. 311)
(2) No dismissal orr re,
removal by a "ubord inate authority (Art. 311)
(3) No dismi l or reduction in rank without following the prescribed procedure (Art.
) No
311). dismissal i r n-.rirvc l or reduction in rank without following the prescribed procedure (Art.

J-ider * le <u' trine

trine of of pleasure,
pleasure, civils
civils servants
servants hold
hold their
their posts
posts at at
thethe pleasure
pleasure of of
thethe President
President of of
i di or l.p Governor of the State, as the case
Governor of the State, as the case may may be. In effect, a civil servant works at the pleasure
of the state and his services can be terminated at the pleasure of the state. However, the state's
power
power to terminate is
to terminate is not
not absolute
absolute as
asititisisininEngland.
England.It Itis issubject
subject
to to
twotwo important
important limitations
limitations listlisted
in (2) and (3) above.
above. The
The first
firstsafeguard
safeguardcontained
containedininS.311
S.311providesprovidesthat
thatnonoperson
personholding
holding an office
an office
under the Union or a state can be dismissed or removed by an authority subordinate to that by
which he was appointed. The second safeguard afforded by Art. 311 of the Constitution is that no
person holding office under the Union or a state can be dismissed or removed or reduced in rank
except (i) after an inquiry in which he has been informed of the charges against him, and (ii) he has
been given a reasonable opportunity of being heard in respect of such charges.
 70

118) Discuss the functions, powers and duties of Union Public Service Commission

Ans:

The Union Public Service Commission (UPSC) is an independent constitutional body which acts as
India's premier central recruiting agency for various positions in Government of India. I t is
constituted under Article 315 of the Indian Constitution. Articles 315 to 323 deal wi <h t h .
composition, appointment, removal, powers and functions of the Union Public Service Co
e Co
.imiss' ' n .

The UPSC consists of a Chairman and other members who are appointed by the Pr
Generally, there are nine to eleven members including the Chairman. The d
strength is eleven one Chairman and ten members. -sider i of -<ia.
prese. ' sai :tir »
The Constitution
onstitution mentions
mentions that
that 50%
50% of
of the
the members
members of of UPSC
UPSC shou
shou . ' be e who have held
ho. e who have held
onstitution
government mentions that 50% of the members of UPSCem should be those the whoConstitution
have held to
government office
office for
for at
at least
least 10
10 years.
years. The
The President
President of
of India
India is
is em .power. dd byby the Constitution to
determine the conditions of service of the Chairman and ot
determine the conditions of service of the Chairman and ot <er r em> ?rs t the time of their
appointment. All members hold office for a six years term, or e age of 65 years.
appointment. All members hold office for a six years term, or until the itai1 t ’
e age of 65 years.
The President can remove any member before the exp re on one of the following
The President can remove any member before the exp . r of h A er 1 m re
grounds:

(1) He/she goes bankrupt(insolvent).

(2) He/she engages in any paid employmen t Oc sio< +he ofZ icial duties.
(2) He/she engages in any paid employmen icial duties.
(3) He/she becomes mentally or bodily infirm.
(3) He/she becomes mentally or bodily infirm.
(4) For misbehaviour subject t by the Supreme Court.
(4) For misbehaviour subject ttoo enquiry
enqu 'y by the Supreme Court.
UPSC's role includes:

, as envisioned in the Constitution of India.

() To act as a "watchdog of merit system i n India"
(2) To recru a serv es, and advise the government on promotion and disciplinary
(2) To recruit fo' All- .io. a services,
matters. =r and advise the government on promotion and disciplinary

The following provisions of t h e Constitution ensure t h e UPSC's impartial and independent

■unct’ jni>
g.
g.
((1; >CL < of
of Tenure
Tenure The members can only be removed on grounds laid out in the Constitution.
(2)
(2) Security
curity of
of Job
Job conditions
conditions Though the President decides the conditions of service of members
t h ' se cannot subsequently
se cannot be changed
subsequently to their
be changed disadvantage.
to their disadvantage.

(3) No requirement of vote of Parliament for expenses The expenses for salaries, allowances and
pensions of members are charged on Consolidated Fund of India.

(4) Chairman cannot be re-employed in the Government, not even on same post.
 71

(5) The members can be re-appointed to UPSC or a State PSC, but not to any other government
position.

The functions of the UPSC include:

(1) To conduct exams for appointment to the All-India Services, Public services of Centrally
Administered territories and Central services.

(2) To assist the States in formulating and implementing the schemes of joint recruitment (fo
(2) To
than assist
one thefor
state) States in formulating
any services and implementing
or for selecting the schemes
specially qualified of joint recruitment (fo <mor .
candidates.
(3) To serve any or all needs of the state upon the Governor's request wi th the pe rmis' on j. +he
President. th the pe

(4) To consult with the government upon matters related to personnel man ment.
dgt
(5) To present, annually, a report on its performance to the President then places this
(5) To
report present,
before bothannually, a report
the houses on its performance
of Parliament, along withtoa the
mem President . The "‘re Henc thenthe
xplains places this
cases
liament, along with a mem jranr1- w. ch e xplains the cases
-
where the Commission's advice was not accepted by the government with reasons for such non
acceptance.

119) Discuss the nature and classification of Civil Services in India

Ans:

Part XIV of Indian Constitution under the Chapter "Services under - Union and the States" provides
for different classes of services forto. India. In accordance
acr ordance with the
the Constitution,
Constitution, the
theservices
servicesareare
divided into the followings c atego e_ - AllAllIndia Services (AIS), State Services,
India Services (AIS), State Serv and Local and
Municipal Services. There are fv. gi >up of central services - Central Services Group A, Central
Services Group B, Centra ' Sf vicv ' GroUj C ?' d Central Services Group D.
D.

>ervi.
In the All India Services, ther ' .re srveral groups and the most important groups are
es, ther —
Indian
Administrativ
Administrativ j Ser .vk- 'i/ ' In'-’ an Police Service (IPS). These two services, often referred to as
an Police Service (IPS). These two services, often referred to as
the prem ,e. ser\
the prem r ar age and control the general and police administration. The Central
age and control the general and police administration. The Central
Servic _s are uiv. 'ed ..... four
Servic four groups. But the former is more important than the latter.

I i GrcI \ o. ntral
” services there are
ntral services 34 are
there types. Some of
34 types. Somethem
ofare Indian
them Foreign
are Indian Service,
Foreign IndianIndian
Service, unts
'udi ar J a . ;r Service, Indian Statistical Service, Indian Economic Service, Indian Information
unts Service, Indian Statistical Service, Indian Economic Service, Indian Information
. e. ;ce, ' ndian Railway Service etc. In the Group B Services following categories are included -
ndian Railway Service etc. In the Group B Services following categories are included
Ct ntrt.. r
ecretariat
ecretariat Service,
Service, Geographical
Geographical Survey
Survey of
of India,
India, Zoological
Zoological Survey
Survey of
of India
India etc.
etc. In
In Group
Group CC
Ah —
India Service we find the following types
India Service we find the following types Members of the Clerical Service of Central Secretariat
and
and Telegraph
Telegraph Service.
Service.

The persons for the state services are recruited through a competitive examination and the process is
very much similar to the competitive examinations conducted by the Union Public Service
Commission. There are large number of services that fall under the category of state services like
 72

education, police, tourism, judicial service, medical service, co-operative service, irrigation, fisheries
etc.

120) Examine the characteristics of Civil Services in India

The characteristics of the civil service are:

(1) It is permanent in nature It does not change with the change in government. Civil ts
serve every government regardlessIt of
does
thenot change
political with
party in the change
power. Theyinare
government. Civil servan ts
career officia
are provisions which protect them from arbitrary dismissal from office Is and t h . 'e

(2) The Civil Services follow a hierarchical structure

(3) The Civil Service is the administrative wing of the executive and is rily responsible for
(3) The Civil Service is the administrative
implementation of government policy wing of the executive and is primarily
prime.rily responsible
responsible for
for

(4) Neutrality The Civil Service maintains neutrality regardle cal party comes to
power The Civil Service maintains neutrality regardle _>s of /hir <noh.: cal party comes to

(5) They generally remain anonymous.

There are features of the Civil service provided for ion as under:
There are features of the Civil service provided for in t ’ e c ~>stii . ion as under:
(1) The doctrine of pleasure (Art. 310)

(2) No dismissal or removal by a subordin Art. 311)

(2) No dismissal or removal by a subordin ate ? chorityArt. ! 311)
(3) No dismissal or removal or tion in r without following the prescribed procedure (Art.
(3) No dismissal or removal or <edu.
311). tion in rank
reduction r ■, n| without following the prescribed procedure (Art.

Under Art 310, they work a' uk nleasu ° of the President or the Governor which effectively means
Under
they Art at
work 310,
thethey
pleasureworkof the e ve. the President or
However,
ecut; the state's power to terminate a civil servant is
they work at the pleasure of ve. However,
subject to two .mporu nt limit -cions under Article 311 listed in (2) and (3) above. Firstly, no civil
subject to
servant cantwobeimportant
r .sm1 oe< or
limit removed under Article 311 listed in (2) and to(3) that by which he was
or removed by by anan authority
authority subordinate
subordinate to that by which he was
appointe
appointe j . St_ one ' , no civil servant can be dismissed or removed or reduced in rank
civil servant can be dismissed or removed or reduced in rank except except (i)
(i) after
after
an
an in
in 4uiry ’ i wh> h he has has been informed of
been informed of the
the charges
charges against
against him,
him,and
and(ii)
(ii)hhe has been given a re
re dson ie < ■’oor / nity of being heard in respect of such charges.
nity of being heard in respect of such charges.

121) Write a short note on Doctrine of Pleasure

e doctrine of of
e doctrine pleasure, as as
pleasure, applicable to to
applicable thethe
civil services
civil is is
services a legacy of of
a legacy thethe
British empire,
British where
empire, a a
where
Th
servant of the Crown holds office during the pleasure of the Crown. In India, the doctrine is
embodied in Art. 310 of the Constitution.

A member of the All India services holds office during the pleasure of the President of India.
Likewise, every person who is a member of a civil service of a state or holds any civil post under a
state, holds office during the pleasure of the Governor of the state.
 73

As a civil servant holds office at the pleasure of the state, it follows that his employment is
terminable at the will of the state. However, the state's power to terminate a civil servant is subject
to two important limitations under Article 311. Firstly, no civil servant can be dismissed or removed
by an authority subordinate to that by which he was appointed. Secondly, no civil servant can be
dismissed or removed or reduced in rank except (i) after an inquiry in which he has been informed of
the charges against him, and (ii) he has been given a reasonable opportunity of being heard in
respect of such charges.

122) Explain the constitutional safeguards to the Doctrine of Pleasure

In India, the Doctrine of Pleasure i.e. the power of the state to terminate th civil
In India,
servant the Doctrine
is provided of Pleasure
in Article 310 of i.e.
the the power of This
Constitution. the state
power terminate isthenot
to however, servk c ’ ttered
* civil

power but subject to two important safeguards in Article 311 of the const itutr n . tself.not an i if' ttered
the const tself.
The first safeguard contained in S.311 provides that no person hold .ng a n o f i . »uriu'* r the Union or a
The first
state can safeguard contained
be dismissed in S.311
or removed by anprovides thatsubordinat
authority no person hold her was
the Union or a
appointed.
. to th it b v'hic •
statesecond
The can besafeguard
dismissed afforded
or removed by an
by Art. 311authority subordinat
of the Constituti he wasoffice
n holding appointed.
under
>n is tk t i • □e’' '
The second safeguard afforded by Art. 311 of the Constituti
the Union or a state can be dismissed or removed or r .ducec in an’ cept n holding office
(i) after an inquiry in whichunder
ex
the Union or a state can be dismissed
he has been informed of the charges againstor removed or r
ges.ehim.
has been given a cept (i) after an
reasonable inquiry in of
opportunity
nd h
f the charges against e has been given a reasonable
K

being heard in respect of such char

opportunity of being heard in respect of such char

123) Explain the constitutional safeguards to the Civil Servants

While the Constitution incorpor

incorporatess the
the prin
prin s behind the Doctri
Doctrine of Pleasure in Article 310,
giving ute "ipl?
giving the
the state
state the
the powers
powers tto
t terminate theee the services
services
the of aof
services aa civil
ofcivilcivil servant,
servant, such
suchsuch
servant, powerpower isabsolute
is notis
power not absolute
not absolute
j term. ’a<
like
like the
the way
way itit is
is in
in Engla
Engla two important
two importantlimitations
limitationswhich
whichare
areprovided
provided in Article
in Article
■d.It L ''bh ct tv
311.

The first safeguar d co. tained in 2.311rovides

r that no person holding an office under the Union or a
state guard contained in rovides that no person holding an by
office under the Union or a
state can
can be
be jism! jev ")• by an
ed
by an authority
authority subordinate
subordinate totothat
that which
by which he he
waswas appointed.
appointed.
The
The secon
secon d _ feg< t j af r ded
ded by Art. 311
by Art. 311 of
of the
theConstitution
Constitutionisisthat
thatn no person holding office under
the
the U
U uon r . a . ate cancan be
bedismissed
dismissedororremoved
removedororreduced
reducedin in
rank except
rank (i) (i)
except after an inquiry
after in wh
an inquiry in
wh.ch he h s bee > informed
informed of of the
the charges
charges against
against him,
him, and
and (ii)
(ii) he
he has
has been
been given
given aa reasonable
reasonable
oppc cur . o t u r ing
ing heard
heard in
in respect
re of such charges.

124) Write a short note on Functions of Civil Service

The Civil Services isis part

part ofofthe
theexecutive
executivebranch
branchofofthethegovernment.
government. Civil
Civil Services
Services constitute
constitute thethe
permanent backbone of the administration of the country and is responsible for implementation of the
policies laid down by the Ministers under the control of the legislature. It is the basis of the
government. Its functions include:
 74

(1) Civil Servants are responsible for implementing laws and executing policies framed by the
government.

(2) Civil Servants are responsible for policy formulation by advising Ministers in this regard.

(3) Civil Servants also perform quasi-judicial services by settling disputes between the State and the
citizens, in the form of tribunals, etc.

(4) Civil Servants perform a variety of developmental functions.

(5) Civil Servants act as instruments of social change & economic development.

(6) Civil Servants are key for the implementation of welfare schemes.

(7) Civil Servants are the basis of Government.

(8) Civil Servants are the stabilising force as they are a permanent fixtur ment.
Civil Servants are the stabilising force as they are a permanent fixtur e . f G( /ern.ment.

125) Explain the importance of Ombudsman to protect citizens against abuse of discretionary
125) Explain the importance of Ombudsman to protect citizens against abuse of discretionary
power

In India, the Ombudsman is in the form of the Lok nd Lokayukta for the States. The
In India, the Ombudsman is in the form of the Lok ,al fo '■'el>. : o">'
Lokpal is a against
corruption body of certain
persons. The Ombudsman's
public function fundamental role connected
matters is to inquiretherewith
into allegations of
or incidental
corruption against certain public function .ries ; ' d foi matters connected therewith or incidental
thereto.

Citizens
to proceedcanfurther,
make a itcomplaint
orders .with prel:the Ombn.
minary On receiving
inquiry a complaint,
or investigation if thewhether
to ascertain Lokpal there
decides
is a to
proceed further, complaint with the Omb udsma n. On receiving a complaint, if the Lokpal decides
prima facie case it
fororders
procee jing minary ter.inquiry
the ma. or investigation
Thereafter, it has powerstotoascertain whether there is a
prima to proceed
facie case
Delhi Special further,
for Esta
Police proceeit orders a preliminary Thereafter, itinvestigation
inquiry or
ter. departmental
olisb*' •'it oi . tiate has powers to
proceedings. In ascertain
to order whether
investigation
a fit case, there is a
by has
the Lokpal the
Delhi
powerSpecial Police
to grant Estafor
sanction prOSt 7Utior f rthedepartmental proceedings.
public servant under S. 20In(7)
a fit
(a)case,
of thethe Lokpal
Lokpal andhas
power to grant sanction for f the public servant under S. 20 (7) (a) of the Lokpal and
Lokayuktas Act, 2J13.

The LokpalLokpal hhas su fid at ac wers wers including

including thethe powers
powers ofof search
search and seizure under
and seizure under Sec
Sec 26
26 of
of the
the Act.
Act.
Under S , it has the powers of a Civil Court. Sections 35, 36 & 39 of
Under Sec 27 ' t h . r+ , it has the powers of a Civil Court. Sections 35, 36 & 39 of the Act envisagesthe Act envisages
the
the establi hmen of special special courts
courts toto hear and decide
hear and decide ccases under the Lokpal Act and the P
Pi eve’ •» o> . ruption Act, 1988. It can order attachment of
ruption Act, 1988. It can order attachment of assets
assets under
under Sections
Sections 29-31
29 of the
' c t . . . c' <ir r mmendmmendsuspension or transfer
suspension of aof
or transfer public servant
a public under
servant Sec Sec
under 32 of
32the
of Act. It can
the Act. givegive
It can s
/ i r . 'tic. tos toprevent
preventdestruction of records during a preliminary inquiry.

T risdiction of the Lokpal covers public servants, including senior officials and Ministers including
e Prime
■' j' Minister.
♦b
 75

126) Write a short note on Institution of Ombudsman

Lokpal is a national anti-corruption ombudsman to look into complaints against public servants
which are defined under the Lokpal Act 2013. This body is constituted to check the menace of
corruption in India.

The office of Lokpal comprises a Chairman and upto 8 members. The Chairman can be current or
former
former Judge
Judge ofof the
the Supreme
Supreme Court
Court or
or the
the chief
chief justice
justice of
of High
High Courts
Courts or
or an
an eminent
eminent person
person ..e. ?
person
person with
with aa neat
neat and
and clean
clean image
image and
and outstanding
outstanding ability
ability having
having special
special knowledge
knowledge and
and ex
ex :ert. '
of not less than 25 years in the matters relating to Anti-Corruption Policy,
Corruption Public
Policy, Ad Ad
Public jinistrat ■'n,
Vigilance, Law and Management or Finance including Insurance and Banking.

Citizens can make a complaint with the Ombudsman. On receiving a complaint, i t the Lu oak decides
toCitizens
proceedcan make ita orders
further, complaint with the Ombudsman.
a preliminary On receivingtoa asce
inquiry or investigation complaint,.t i decides
'"’ether re
hr is a
prima
primafacie case
facie caseforfor it orders ainpreliminary
proceeding
proceeding thethe
in matter. inquiry or investigation
Thereafter,
matter. it has
Thereafter, it haspowerstot asce
powers t orc1 ?rinvestigation
o investigationbyre
byisthe
thea
prima facie case for proceeding in the matter. Thereafter, it has powers to order investigation
Delhi Special Police Establishment or initiate departmental proceedin .gs. li 3 + <-asu thetheLokpal by
Lokpal hasthe
has
power to grant
power sanction
to grant for for
sanction prosecution of the
prosecution public
of the servant
public un under c
servant ( / , za) ' f the Lokpal
f the Lokpaland
and
Lokayuktas Act, 2013.

The
TheLokpal
Lokpalhas sufficient
has powers
sufficient powers including
includingthethe
powers
powers ofofsearc' a r w s ' i z i r e eunder
underSecSec2626ofof the
the Act.
Act.
UnderderSec
Sec2727
ofof
thethe
Act, it has
Act, thethe
it has powers
powers ofof
a Civil
a Civil .ourt x:tK ' c 0 5, 5,3636&&39 39ofofthe
the Act
Act envisages
envisages
the the
establishment
establishment of special courts
of special to hear
courts an id
to hear an d 'e c< ~r ' under under thetheLokpal
LokpalActActand andthe the
Prevention of Corruption Act, 1988. It can or
Prevention of Corruption Act, 1988. It can or >er af tt. :h- <ei t of ast of assets under Sections 29-31 of the
Act. It can recommend suspension or transfer of a oubli - / vant under Sec Sec 32 32 of
ofthe
theAct.
Act.ItItcan
cangive
give
directions to prevent destruction of recor minary
directions to prevent destruction of recor j s du ng a re,: minary inquiry. inquiry.

The
The jurisdiction
jurisdiction of
of the
the Lokpal
Lokpal covers
covers public
public ss want r ,, including
including senior
senior officials
officials and
and Ministers
Ministers including
including
the Prime Minister.

127)
127) Explain
Explain in
in detail
detail the
the needs
needs and
and importance
importance ofof Ombudsman
Ombudsman
Administrativ J law jjiu 'L trol over the administration by an outside agency, strong enough
'or
common citizen, at
to preven < i> 'isti ° .o t e common at the
the same time leaving the administration adequate
freedo ,n t o .ridK 'e u to carry on effective governance. The parliamentary and judicial control on the
ad ninistrat 'e ac ic n has not proved to be effective enough, especially in matters relating to
nand'.ng \ °van' es es against
against misconduct,
misconduct, inefficiency,
inefficiency, delay,
delay, negligence,
negligence, etc.
etc. of of officials.
officials.

kground,
kground, it it
waswas
feltfelt necessary
necessary to to have
have anan alternative
alternative or or additional
additional institution
institution to to control
control
i1 v
decision,
’S decision,
u _
maladministration or co
maladministration or corruption of public officials. The ombudsman is one of such
native provided for dealing
native provided for dealing with
with these
these matters.
matters.
w. ong
aiiu'
The Ombudsman has provided sufficient powers to discharge the functions effectively and hence can
be a very effective mechanism for addressin g the common man's issues with regard to corruption
and arbitrariness. The jurisdiction of the Lokpal covers public servants, including senior officials and
Ministers including the Prime Minister.

At the state level, the Lokayukta performs similar functions as the Ombudsman for the state.
 76

128) Write Short note on the CBI

The Central Bureau of Investigation (CBI), established in 1941, is the premier crime investigating
agency in India. Originally established as the Special Police Establishment, the CBI was created on
April 1, 1963. It functions under the jurisdiction of the Government of India and is headquartered in
New Delhi.

The legal powers of investigation of the CBI are derived from the Delhi Special Police Esta
The legal
Act, 1946,powers
whichofconfers
investigation
powers,of the CBI are
duties, derivedand
privileges fromliabilities
the Delhion Special Police Esta olish. ' e n i
the Delhi
rs, duties, privileges
Establishment and the Officers of the Union Territories. and liabilities on the Delhi _>pec! . ° o l k '

It operates under the jurisdiction of the Ministry of Personnel, Public Grievan ~es ano D e r sions,
It operates of
Government under
India.the jurisdiction
Originally ofup
set up theinvestigate
to to Ministry of bribery
Personnel,
bribery
investigate andand Public Grievan
governm
governm J " , in
sions,
, in1965
1965itit
jntai .
up to investigate
received expanded jurisdiction to investigate bribery
breaches of and governm
centr orceable ,byin 1965
by thetheit
jl •'ws em
agency
Government of India, multi-state organised crime, multi-agency or ior i
■itematio. il ca r-s. s.

The CBI is headed by aa Director,

Director, an
an IPS
IPS officer
officer with
with aa rank
rank of
of Jirectoi c _ner I of Police. Other
Other ranks
ranks
in the CBI which may be staffed by the IRS (Indian Reven de Sf vic' , otiiu r and the IPS are Special
are Special
Director, Additional Director, Joint Director, De >ut> .ns ctor General of Police, Senior
(

Superintendent of Police, Superintendent of Poli -e, AH ditic al Sr perintendent of of Police,

Police,Deputy
Deputy
Superintendent of Police. Inspector, Sub-In ,pectcIn Sub
Sub-Inspector, Head constable,
, /oJ'tar 7
Constable which are recruited through St jff S*3 jctio C< r mission missionor through deputation from
Police, Income
Police, Income Tax
Tax Department
Department andand Custo
Custo .
.is l oai 'nent .
As policing
As policing and
and law
law is is aa subject
subject that
that falls
falls within state powers under the structure of Indian
withir state powers under the structure of Indian
federalism, the CBI needs
federalism, the CBI needs pri prior consent from
consent from other
from other state
other state
state governments in order to conduct
prior
or consent
investigations within their t erritory. ’hi_ consent can be in the form of of aa 'general
'general consent'
consent' under
under
Section 6 of the Delhi Sperial r J :> ? Es< blishment Act, which remains in operation for all
investigations until it is re ' jked, ar alti r r atively,
atively, a 'specific consent', authorising investigations
investigations in
in
individual cases. Once e consen
consen * is rant*- d, the CBI can investigate economic, corruption,
corruption, and
and special
special
>riL
crimes (includi onal
(including national secur
onal secur
security, rugs and narcotics, etc.).
'ty Hdrugs and narcotics, etc.).
,ig n
z
:
 77

129) Write Short note on the Central Vigilance Commission

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address
governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the
CVC. It has the status of an autonomous body, free of control from any executive authority, charged
with monitoring all vigilance activity under the Central Government of India, advising various
authorities in Central Government organizations in planning, executing, reviewing and reformi <lg
their vigilance work.

The Commission shall consist of a Central Vigilance Commissioner, as the Chairperson a .d not n ' r e
The Commission
than two VigilanceshallCommissioners
consist of a Central Vigilance Commissioner,
as Members. as the Chairperson
The Central Vigilance Commiss a ioner an the
than two Commissioners
Vigilance Vigilance Commissioners
are appointedas Members. The Central
by the President Vigilance Commiss
on recommendation < o. a Lo> <mi' t<--
are appointed by the President on
consisting of the Prime Minister (Chairperson), the Minister of home recommendatio
affairs 'Memb< ) a...' the
consisting of the Prime Minister (Chairperson), the Minister
Leader of the Opposition in the House of the People.(Lok Sabha) of home affairs the

The CVC is not an investigating agency. The only investigation carr out by e CVC is that of
gency. The
examining Civil Works of the Government. only investigation
Corruption investigatio carriedledout by ment et h CVC is that can
officials of
examining Civil Works of the Government. Corruption investigatio .is ag' *+ g«_ ' e mment officials can
proceed only after the government permits. The CVC publishes ere permissions are
proceed only after the government permits. The CVC publishes a list f r use w ’ ere permissio
pending.

The Central Vigilance Commission has its own Secreta echnical Examiners' Wing (CTE) and
aThe Central
wing Vigilance Commission
of Commissioners has its own
for Departmental Secretai iat,. ’ ief J echnical Examiners' Wing (CTE) and
Inquiri
a wing of Commissioners for Departmental Inquirijs (Cr ., .
The CVC suffers from several limitations ad its efficacy. Some of these limitations
The
are: CVC suffers from several limitations ad \/ersp t aff< itir/ its efficacy. Some o

(1) It is only an advisory body. Central Gove Departments are free to accept or reject CVC's
(1) It
advice is only an advisory body. Central Gove . nment Departments are free to accept or reject CVC's

(2) CVC's resources are constrained when seen against t h e number of complaints it receives.

(3) (3)
CVC cannot
CVC direct
cannot CBICBI
direct t t riesries
against anyany
against officer of the
officer level
of the of Joint
level Secretary
of Joint andand
Secretary
above on its ow hSuch
a permi
i ainitk
permi
e i n ras/ to as
betoobtained
be obtained
fromfrom
the concerned
the concerned
department.
department.
However,
However,
this provisio n uncon utional by Supreme court in a 2014 judgement in case filed by
.. S u l __,ionh
Subraman
this provision ble Supreme Court
unconstitutional of India incourt
by Supreme its judgement
in a 2014 stated that merely
judgement in casethe post
. is d <.10.' g sti'
of a p
Subraman keep him above the law, stating the provision in CBI
ble Supreme Court of India in its judgement stated that merelysection 6 is violative
the posto
<a« Sw. H p1
of
funa p j r s o r cai. ot Article
keep 14.
him above the law, stating the provision in CBI section 6 is violative of
fun Article 14.
dament.. ’ right
(4) CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary
(4) CVC does not have po
< a ses.
es.
(5) Appointments to CVC are indirectly under the control of Govt of India, though the leader of the
(5) Appointments
Opposition (in Lokto Sabha)
CVC areisindirectly
a memberunder
of thethe control oftoGovt
committee selectofCVC
India,
andthough the the
VCs. But leader of the
Committee
Opposition (in Lok Sabha)
considers candidates put upisbefore
a member of the
it. These committee
candidates aretodecided
select CVC andGovernment.
by the