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Administrative law is that branch of law that deals with powers,
Functions and responsibilities of various organs of the state.
There is no single universal definition of ‘administrative law’
Because it means different things to different theorists.
The ambit of administration is wide and embraces following elements:-
1. It makes policies,
2. It executes, administers and adjudicates the law
3. It exercises legislative powers and issues rules, bye- laws and orders of a general nature
SOURCES OF ADMINISTRATIVE LAW
Ordinances,
Constitution Judicial
Acts / Statues Notifications,
of India Decisions
Circulars etc
Administrative Discretion:-
➢ Means freedom of an administrative authority to choose among various alternative.
➢ Such choice with reference to rule of reason and justice and not according to personal
whims.
➢ Exercise of discretion should not be arbitrary vague but legal and regular.
➢ It is nearly impossible for govt to function without giving such discretion to its officials
considering different situation and circumstance.
➢ But since such discretion is prone to be abused therefore it is necessary to have a
system in place to ensure fair exercise of such discretion.
Judicial Control Over Administrative Actions:-
➢ While exercising powers, administrative authority may make any mistake or abuse its
power, so to keep check on its function, judiciary is authority.
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➢ Judicial control classified as.
a) Constitutional.
b) Statutory.
c) Ordinary or equitable
. Constitution
Judicial review
Delegation of discretion exercise of discretion
Article 14 article 19 abuse of non-application of mind
Discretion of mind
Acting mechanically without acting under self-restriction
Due care dictation
Judicial Review:-
➢ It is authority of court to declare any act of legislature and executive as void, if they
violate constitutional requirements.
Concerns during Judicial Review
Judicial Review of the court should be concerned about the following:
1) Whether a decision making authority exceeding its power?
2) Committed an error of law?
3) Committed a breach of rules of natural justice?
4) Reached a decision which no reasonable tribunal would have reached, or
5) Abused its power?
Judicial review at 2 level
1) Judicial Review at the Stage of Delegation of Discretion.
➢ If law confers vague and wide discretionary power on any administrative authority, it
may be declared ultra vires. Article 14, 19 and other provisions of constitution.
➢ So, court keep an eye on GOVT administrative bodies.
2) Judicial Review at Stage of Exercise of Discretion:-
1. Abuse of discretion :-
➢ Mala fides – bad faith /dishonest intention.
➢ Irrelevant consideration or facts.
➢ Leaving relevant consideration.
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➢ Ignores principal of natural justice.
➢ Exceeding jurisdiction.
➢ Arbitrary order.
➢ Colourable exercise of power
➢ Improper purpose.
2. Non-Application Of Mind :-
➢ Acting under dictation: - when authority exercise its power under instrument from
superior authority .it is non- application of mind.
➢ Self-restriction – authority itself restrict its power by declaring some rules and applied
rigidly in all case.
➢ Acting mechanically and without due care – authority acts without care, non-
exercising discretion to look deeper into any matter such action is bad.
3. Statutory :- Divided In Two Parts
➢ Statutory appeals – certain acts provide for appeals tribunal to high court.
➢ Reference to high court - - several status provide for reference from tribunal high
court.
4. Ordinary or equitable.
Injunction declaratory action action for damage
Prohibition mandatory
Temporary perpetual.
1. Injunction: - it is prohibited preventive remedy, issue to restraining a person to act
contrary to law.
Prohibitory Injunction:-
➢ Temporary injunction: - contious for specific time limit up to order of court.
➢ Perpetual injunction: - granted at conclusion after defining rights of parties.
Mandatory injunction: - it is command to do particular act and prohibit defendant from
continuing wrongful act.
Declaratory action: - decree passed against administrative body is known as declamatory
action.
Action of damages: - if any injury occur to any Indian, damage recover from concern
government.
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Natural Justice:-
➢ It is a concept of common law .it is important to raise faith for legal system in eyes of
general public.
➢ Principle of natural justice are implied in article 14 and 21 of constitution of India.
➢ Its scope varies according to context
It includes:-
1) Rule against Bias.
➢ This rule state that, no person can be judge in his own interest.
➢ Bias means presumption that person cannot make impartial decision if he has interest
in case.
➢ Hence this rule has two aspects
➢ 1st, person judging case must not have any direct personal stake in case.
➢ 2nd, there must not be probability of bias.
Bias Can Be Judge of 3 Types:-
1. Pecuniary Bias –
Involves financial interest in a subject matter, quantum of interest does not matter; even
insufficient amount leads to disqualify person to judge the case.
2. Personal Bias –
When a judge is personally connected or at a friendly term with either of party having
familiar, professional or business relation, judge will disqualified. Biased may be either
against of party or in favour of any party.
3. Sub Matter Bias :-
Direct connection of judge and case in issue .strong like hood of biased exist it is further
classified as follows.
➢ Partially or connected to issue.
➢ Departmental bias.
➢ Acting under dictation.
➢ Prior utterance and pre- judgment of issue.
2) Rule of fair hearing.
➢ It literally means to give hearing to the other side.
➢ Order must be passed only after hearing both parties.
➢ Both the parties should give sufficient opportunity to present their cases.
This rule involves following
1. Right to notice - party has right to notice because only when party gets notice it come
to know that suit have been initiated against him .
2. Right to present case – both the parties have full opportunity to present their case.
This includes presentation of evidence too.
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3. Right to rebut adverse evidence – opportunity to party to counter the evidence
produce against him it has 2 ways
a) Cross examination – examination of witness presented by counter party is known as
cross examination it main purpose is to detect the deception in statement of witness.
b) Legal representative – when case involves technicalities or question of law or
complicate matter and party is illiterate and production is made by legally trained
person denial or legal representative will amount to violation of natural justice.
c) Discloser of evidence – right to disclose all the evidence which have been accumulated
for the case by party in court to support and prove his side.’
d) Speaking order – it is order that explains decision and reason, parties have not only
right to decision but also known the reason behind the decision.
Exception to Natural Justice:-
a) Statutory exclusion: - principle of NJ may be exclude by express statutory provisions.
Otherwise it is deemed to be present if not included .but parliament is not supreme
and so statue. Exclusion is not final.
b) Emergency: - at the time of emergency, when immediate action is require to take
preventive harm or wrongdoing, Pri. Of NJ may be waived
c) Interim disciplinary action -such action are generally preventive and passed in urgent
matters so, rule of NJ can be passed.
d) Academic evaluation: - this is true in case of non-disciplinary matter, for e.g. student
removed from university due to unsatisfactory academic performance.
e) Impracticable: - when case relates to large no. of people, it is not possible to provide
OOBH to everyone so P of NJ may be ignored.
Failure of natural justice – liability of sate
a) Contractual liability :-
➢ Essential of valid contract with government.
➢ Contract on name of president or governor.’
➢ Writing.
➢ Executed by authorised person by president.
If contract is made having all above essential then president or governor will not be liable.
Quasi-contract liability: - government is liable to compensate for work actually done to
state. Liability arise even when there is no express agreement or contract.
Tortious liability:-
Damages – compensation is more important for aggrieved party than punishment, so
state is vicariously liable for wrong act of servant.
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Liability of public servant: - if public servant acted beyond its official power and illegal
then the government will not be vicariously liable for such act of servant in this situation
servant will be personally liable.
Liability of public corporation – corporation made under any special act is public
corporation .it is independent from government and its employee also not considered as
government employee, so government will not be labile for any act done by employee of
public corporation …
SELFNOTES-
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