ADMINISTRATIVE LAW
Administrative Law
How administration (government) will use it’s powers
Limitations on powers of administration (government)
So that - government (administration) doesn’t misuses it’s powers
Laissez Faire - Allow to do it
i.e. minimum government interference
Fundamental principles of Administrative Law:
Administration is transparent
Administration is impartial
Administration gives reasoned decisions
Legality of administrative decision
Effective review of administrative decision
Case - Keshavananda Bharti vs. State of Kerela
Rule of Law as basic structure of the Constitution - Supreme Court
Rule of Law - No power is above law (not even UOI)
Note: When power and control lies with more than one centre, the opportunity for it to be
misused is reduced.
Montesquieu’s Theory - Doctrine of Separation of Powers
Principles of Natural Justice:
Audi Alteram Partem - Nobody should be condemned
unheard i.e. Rule of fair hearing
Nemo Debet Esse Judex Propria Causa - No one shall be a judge in his own
case i.e. Rule against bias
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Requirement of speaking reasonable order - Order is reasonable and given in writing
Doctrine of Proportionality - Punishment awarded must be proportionate to misconduct
Precedents - Past judgments given by court
Doctrine of Stare Decisis - Common Law System
i.e. Principle to follow previous decisions of courts
Ratio Decidendi - Reason of decision i.e. Ground of decision
Obitor Dicta - By the way (judges saying informally)
Per Incuriam - Through lack of care
i.e. Judgment given by the court which is not relevant
Judicial Review - Power of courts (judiciary) to review statutes and government’s action
Note: Constitution is supreme law
Wednesbury’s Principle - Grounds of Judicial Review
Misuse of power by government
Non-application of mind on taking action by government
When principle of Natural Justice is not followed - Judicial Review takes place
Control of administration through various bodies
i.e. Application of Administrative Law on statutes and government by officers or bodies
Ombudsman - Officer of parliament to supervise administrative government functions
eg. CVC (Chief Vigilance Commission) - Lokpal and Lokayukta
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Central Vigilance Commissioner - Inquire or Investigate complaint against any official
Note: Reference to inquire or investigate given by - Central Government
Appointed by - President
Recommendation of - PM; Home Affairs Minister; Leader of Opposition in Lok
Sabha Term - 4 years or 65 years age
Functions - Anti Corruption (appointment of CBI)
Regulatory Agency
Created by legislature
To regulate functions of statutory bodies
eg. TRAI - Telecom Regulatory Authority of India
Statutory Body
Created by act of parliament or state
legislature eg. RBI – Reserve Bank of India
Constitutional Body
Mentioned in constitution
eg. Election Commission of India
Autonomous Bodies
Self governing body - work on it’s own regulations
Works outside the authority of the government
eg. CSIR - Council of Scientific and Industrial Research
Lokpal and Lokayuktas Act, 2013 (Anti-Corruption)
Lokpal - (union)
Lokayukta – (state)
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Lokpal
Appointed by - President
Recommendation of - PM, Leader of Opposition, CJI, Jurist
Chairperson - CJI or ex. CJI or Jude of SC or Jurist with 25 years experience
Members - 8 (maximum)
Procedure for inquiry by Lokpal
Complaint is received
Preliminary inquiry to check if there exists prima-facie facts
Investigation done if prima-facie exists
Departmental proceedings conducted
Closure against proceeding and proceed against complaint
Administration Action
Legislative Action (Rule Making)
Quasi - Judicial Action
Administrative Action
Ministerial Action
Administrative Law
How government should work to maintain transparency in
governance Rule of Law - by Dicey (English Jurist)
Law is Supreme
Absence of arbitrariness (separation of power)
Equality before law or equal protection of all classes
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