UNIT - 1 (10 marks)

1. Discuss the various definitions of administrative law. State its nature and scope (5)

Administrative law is a branch of law that governs the activities of administrative agencies of
government. It is a crucial area of law that provides a framework for the creation, operation, and
regulation of public administration. Various scholars and legal authorities have defined administrative
law in multiple ways, reflecting its complexity and breadth. Here are some prominent definitions:

1. Definition by Joseph Raz: Raz defines administrative law as "a body of rules governing the activities of
administrative agencies." This definition emphasizes the rules and regulations that agencies must follow
while executing their functions.

2. Definition by Sir William Wade: Wade describes administrative law as "the law which regulates the
powers and duties of administrative authorities." This definition highlights the focus on the powers that
agencies wield and the responsibilities they have towards the public.

3. Definition by H.W.R. Wade and C.F. Forsyth: They define administrative law as "the law that controls
the administrative actions of public authorities." This definition underscores the regulatory aspect of
administrative law in ensuring accountability of public authorities.

4. Definition by A.V. Dicey: Dicey, in his classic work "Introduction to the Study of the Law of the
Constitution," refers to administrative law as "the body of rules which regulate the exercise of powers
by public authorities." His definition connects administrative law to constitutional principles,
emphasizing the relationship between governance and law.

5. Definition by Frank C. Goodnow: Goodnow notes that "administrative law is the law which governs
the administrative agencies and the relations of those agencies with the public." This definition captures
the dual focus of administrative law: regulating agency actions and ensuring accountability to the public.

Nature of Administrative Law

1. Dynamic and Evolving: Administrative law is inherently dynamic, reflecting changes in social,
economic, and political conditions. As societies evolve, so do the functions and powers of administrative
agencies, leading to the development of new legal frameworks.

2. Procedural and Substantive: Administrative law encompasses both procedural and substantive
aspects. Procedural rules govern how agencies must conduct their operations, including how they make
decisions, hold hearings, and provide opportunities for public input. Substantive law defines the actual
rights and obligations of individuals and agencies.

3. Public Law: Administrative law is primarily a branch of public law. It regulates the relationship
between individuals and the state, focusing on the actions of government bodies. This distinguishes it
from private law, which governs relationships between private individuals.
4. Accountability and Transparency: A central feature of administrative law is its emphasis on
accountability and transparency in public administration. It establishes mechanisms for individuals to
challenge administrative decisions, ensuring that government actions are lawful and justifiable.

5. Specialized Nature: Administrative law is specialized in nature, dealing with specific areas of
government regulation, such as environmental law, labor law, immigration law, and social welfare law.
This specialization allows for the development of expertise in various fields of administration.

Scope of Administrative Law

1. Rule-Making Authority: Administrative agencies have the power to create rules and regulations within
their designated areas of jurisdiction. Administrative law governs the process by which these rules are
formulated, ensuring that agencies comply with statutory requirements and provide opportunities for
public participation.

2. Adjudication: Administrative law provides mechanisms for resolving disputes between individuals and
administrative agencies. This includes formal hearings, appeals, and other adjudicatory processes,
ensuring that individuals can challenge agency actions that affect their rights.

3. Enforcement of Regulations: Administrative law governs the enforcement of regulations and

compliance mechanisms established by administrative agencies. This includes inspections,
investigations, and sanctions against non-compliance, ensuring that the public adheres to the laws and
regulations set forth by agencies.

4. Judicial Review: One of the significant aspects of administrative law is the provision for judicial review
of administrative actions. Courts have the authority to review the legality of agency decisions, ensuring
that they are within the agency's jurisdiction, comply with statutory requirements, and do not violate
individuals' rights.

5. Interagency Relations: Administrative law also governs the relationships between different
administrative agencies. This includes coordinating efforts among agencies, resolving conflicts of
jurisdiction, and ensuring that agencies work collaboratively to achieve policy objectives.

6. Public Participation: Administrative law emphasizes the importance of public participation in the
regulatory process. This includes providing opportunities for public comment on proposed rules and
ensuring that stakeholders can engage with agencies on matters affecting their interests.

7. Policy Implementation: Administrative law plays a crucial role in implementing public policy. Agencies
are often tasked with translating legislative mandates into practical programs and services, ensuring that
government policies are executed effectively and efficiently.

2. Discuss the relevance of Doctrine of separation of powers. Examine its impact on the growth of
Administrative law in India (4)
The Doctrine of Separation of Powers is a fundamental principle in constitutional law that divides the
powers and responsibilities of government into three distinct branches: the Legislative, Executive, and
Judicial. Each branch has its own functions and limitations, aimed at preventing the concentration of
power and ensuring a system of checks and balances. This doctrine is critical for the functioning of
democracy and the protection of individual liberties.

Relevance of the Doctrine in Contemporary Governance

1. Prevention of Abuse of Power: By dividing government functions, the doctrine prevents any one
branch from becoming too powerful, thereby safeguarding against authoritarianism and arbitrary
governance.

2. Checks and Balances: Each branch has the authority to check the actions of the others, fostering
accountability. For instance, while the legislature makes laws, the judiciary can declare them
unconstitutional, and the executive must enforce laws within the limits set by the legislature.

3. Promotion of Good Governance: The separation of powers leads to specialization, with each branch
focusing on its core functions. This specialization enhances efficiency and effectiveness in governance.

4. Protection of Fundamental Rights: The judiciary acts as a guardian of the Constitution, ensuring that
individual rights are protected from infringement by the legislature or the executive.

Impact of the Doctrine on the Growth of Administrative Law in India

1. Legislative Framework for Administrative Action: The legislative branch has enacted various laws that
establish and regulate administrative agencies, outlining their powers and responsibilities. Examples
include:

• The Administrative Tribunals Act, 1985: This law establishes administrative tribunals to adjudicate
disputes related to service matters, thereby relieving the burden on ordinary courts and providing a
specialized forum for resolving such issues.

• The Right to Information Act, 2005: This Act embodies the principles of transparency and
accountability in governance, allowing citizens to access information from public authorities and thereby
promoting good governance.

The legislative framework provides the foundation for administrative agencies to function within the
bounds of law, reflecting the separation of powers by delineating their powers and limitations.

2. Judicial Oversight and Accountability: The judiciary plays a critical role in reviewing the actions of
administrative agencies, ensuring that they operate within the law. Landmark cases in India have
illustrated this role:

• Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded the scope of Article
21 (Right to Life and Personal Liberty) and held that any law depriving a person of their liberty must be
just, fair, and reasonable. This case emphasized the judiciary's role in scrutinizing executive actions and
protecting individual rights against arbitrary administrative decisions.

• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court reiterated the importance of judicial
review in administrative actions, asserting that the basic structure of the Constitution must be
preserved. This case highlights the judiciary’s function as a check on the executive branch, ensuring
adherence to constitutional principles.

Through these judgments, the judiciary has reinforced the relevance of the separation of powers by
holding administrative agencies accountable for their actions.

3. Emergence of Principles of Natural Justice: The doctrine of separation of powers has led to the
recognition of principles of natural justice in administrative proceedings. Administrative agencies are
required to adhere to fair procedures when making decisions that affect individual rights. Key principles
include:

• Right to a Fair Hearing: Individuals affected by administrative decisions must be given an opportunity
to present their case before the agency.

• Impartial Decision-Making: Decision-makers in administrative agencies must be impartial and

unbiased, ensuring that decisions are based on evidence and not influenced by external factors.

These principles serve as safeguards against arbitrary and unjust actions by administrative authorities,
reinforcing the rule of law and the accountability of the executive.

4. Judicial Activism and Public Interest Litigation: In recent decades, the Indian judiciary has embraced a
more proactive role in upholding administrative law principles through judicial activism and public
interest litigation (PIL). The judiciary has stepped in to protect fundamental rights and ensure the
government adheres to its duties, demonstrating the interplay between the legislative, executive, and
judicial branches. For instance, in Vishaka v. State of Rajasthan (1997), the Supreme Court laid down
guidelines for preventing sexual harassment in the workplace, illustrating the judiciary’s role in filling
legislative gaps and addressing pressing social issues through administrative law.

3. "Administrative law has been the result of the outstanding, growth of 20th century". Examine with
definitions of administrative law (3)

Historical Context and Growth of Administrative Law

1. Expansion of Government Functions: The 20th century witnessed a significant expansion of

government roles in various sectors, including economic regulation, social welfare, public health,
education, and environmental protection. As states began to take on more responsibilities, the need for
a structured framework to regulate administrative actions became evident.

• New Deal Policies: In the United States, President Franklin D. Roosevelt’s New Deal in the 1930s
marked a crucial turning point in the growth of administrative law. The establishment of various federal
agencies, such as the Securities and Exchange Commission (SEC) and the National Labor Relations Board
(NLRB), necessitated the development of legal norms governing their operations.

• Welfare State: The emergence of the welfare state in many countries after World War II further
expanded the scope of administrative law. Governments took on the responsibility of providing social
services, leading to the creation of numerous administrative bodies to manage welfare programs.

2. Technological Advancements: Technological innovations and the advent of the information age
transformed societal needs and government functions. As technology evolved, so did the regulatory
challenges that governments faced.

• Telecommunications and Broadcasting: The rise of telecommunications and broadcasting in the latter
half of the 20th century necessitated regulatory frameworks to govern these sectors. Regulatory
agencies, such as the Federal Communications Commission (FCC) in the United States, were established
to manage licenses, frequency allocation, and compliance with public interest standards.

• Environmental Regulation: With growing awareness of environmental issues, agencies were tasked
with enforcing regulations related to pollution control, resource management, and environmental
protection. Laws like the Clean Air Act and Clean Water Act in the U.S. illustrate the increasing role of
administrative law in regulating environmental matters.

3. Judicial Review and Accountability: The growth of administrative law was also driven by the need for
accountability and transparency in government actions. As administrative agencies gained power, the
judiciary took on a crucial role in reviewing their decisions to ensure compliance with the law.

• Judicial Oversight: Courts began to scrutinize the actions of administrative agencies, ensuring they
acted within their statutory authority and adhered to principles of fairness and justice. Landmark cases,
such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), established the principle
of deference to agency interpretations of statutes, shaping the relationship between the judiciary and
administrative agencies.

• Natural Justice: The incorporation of principles of natural justice into administrative proceedings
became a cornerstone of administrative law. This inclusion ensured that individuals affected by
administrative decisions had the right to a fair hearing and that decisions were made impartially.

4. Globalization and International Standards: The 20th century was marked by globalization and the
establishment of international standards, influencing the development of administrative law in various
countries.

• International Treaties and Agreements: International treaties, such as the United Nations Convention
Against Corruption, emphasize the importance of accountability and transparency in public
administration. Countries adopting these standards have developed administrative laws that align with
global principles, fostering good governance.
• Comparative Administrative Law: The study of administrative law across different jurisdictions has
facilitated the exchange of ideas and best practices. Countries have adapted their administrative
frameworks based on successful models from other nations, leading to the harmonization of
administrative law principles.

Impact of Administrative Law on Governance

1. Enhanced Accountability: Administrative law ensures that public authorities are accountable for their
actions, fostering public trust in government institutions.

2. Protection of Individual Rights: By incorporating principles of natural justice and providing

mechanisms for judicial review, administrative law protects individual rights and promotes fair
treatment in administrative processes.

3. Efficiency in Governance: Administrative agencies, guided by administrative law, operate efficiently to

implement government policies and programs, contributing to effective governance.

4. Public Participation: Administrative law often includes provisions for public participation in decision-
making processes, enhancing transparency and allowing citizens to engage with government actions.

4. What are the characteristics of administrative functions. Distinguish between judicial and quasi-
judicial function (2) (10 marks) or Write notes on judicial and quasi-judicial function (2) (6 marks)

Administrative functions are the activities undertaken by government agencies and public authorities to
implement laws and policies effectively. These functions play a vital role in governance and public
administration. Here are some key characteristics of administrative functions:

1. Implementation of Policies: One of the primary characteristics of administrative functions is their role
in implementing legislative policies and programs. Administrative agencies translate laws enacted by the
legislature into actionable policies and procedures. This involves:

• Regulatory Functions: Agencies create regulations that provide detailed guidelines on how laws should
be applied.

• Operational Functions: Agencies carry out activities and deliver services that align with governmental
policies, such as education, healthcare, and public safety.

2. Discretionary Powers: Administrative functions often involve the exercise of discretion. While laws
provide a framework, agencies may have the authority to make decisions based on their expertise and
understanding of specific situations. This characteristic allows agencies to:

• Tailor Solutions: Agencies can adapt their actions to meet the unique needs of different situations,
ensuring more effective service delivery.

• Exercise Judgment: Decision-makers in agencies can weigh options and consider factors that may not
be explicitly defined in legislation.
3. Rule-Making Authority: Administrative agencies possess the authority to create rules and regulations
within the parameters of enabling legislation. This rule-making authority includes:

• Public Participation: Many administrative agencies are required to solicit public input during the rule-
making process, fostering transparency and accountability.

• Guidance and Compliance: Rules established by agencies provide guidance to the public and ensure
compliance with legal standards.

4. Adjudicatory Functions: In addition to implementing laws, administrative agencies often have

adjudicatory functions. They can make determinations on disputes arising from their regulatory
activities, such as:

• Licensing and Permits: Agencies may adjudicate applications for licenses and permits, determining
eligibility based on established criteria.

• Enforcement Actions: Agencies can hold hearings to resolve disputes between the government and
individuals or businesses regarding compliance with regulations.

5. Public Interest Orientation: Administrative functions are fundamentally oriented towards serving the
public interest. Agencies are expected to act in a manner that promotes:

• Welfare and Safety: Many administrative functions aim to protect public welfare, such as health
regulations, environmental protection, and consumer rights.

• Equity and Fairness: Administrative agencies strive to ensure equitable treatment and fair access to
services and opportunities.

6. Accountability and Transparency: Administrative functions are characterized by the principles of

accountability and transparency. Agencies must be accountable to the public and their actions should be
transparent. This is achieved through:

• Oversight Mechanisms: Administrative functions are subject to oversight by legislative bodies, the
judiciary, and independent watchdog organizations.

• Public Reporting: Agencies are often required to publish reports detailing their activities, expenditures,
and outcomes, promoting transparency in governance.

Distinction Between Judicial and Quasi-Judicial Functions

1. Nature of Functions

• Judicial Functions: Judicial functions are performed by courts and involve the interpretation and
application of law in resolving disputes. Courts have the authority to adjudicate cases, impose penalties,
and provide remedies based on the law. Their functions are primarily focused on upholding justice and
safeguarding individual rights.
• Quasi-Judicial Functions: Quasi-judicial functions are performed by administrative agencies and other
bodies that have the authority to make decisions affecting rights or interests but do not possess full
judicial power. These functions resemble judicial functions in terms of the procedures followed (e.g.,
hearings, evidence presentation) but are typically limited to specific regulatory areas.

2. Authority and Jurisdiction

• Judicial Functions: Courts have broad jurisdiction defined by law, allowing them to hear a wide range
of cases, including civil, criminal, and constitutional matters. Their authority is derived from the
Constitution and legislation, which establishes their powers and responsibilities.

• Quasi-Judicial Functions: Quasi-judicial bodies have limited authority, often confined to specific areas
of regulation (e.g., labor disputes, regulatory compliance). Their jurisdiction is defined by the enabling
legislation that created them, and they can only act within the scope of that legislation.

3. Procedural Formalities

• Judicial Functions: Judicial proceedings are governed by formal rules of procedure, evidence, and due
process. Courts must adhere to strict legal standards, ensuring that parties receive a fair trial.

• Quasi-Judicial Functions: While quasi-judicial functions also require adherence to principles of fairness
and natural justice, they often allow for more flexible procedures. The specific procedures may vary
depending on the agency’s regulations, and agencies may have discretion in conducting hearings.

4. Decision-Making Process

• Judicial Functions: Judges make decisions based on legal principles, statutes, and precedents. Their
rulings are binding and have a broader legal significance, establishing judicial precedents that guide
future cases.

• Quasi-Judicial Functions: Quasi-judicial bodies make decisions based on the facts presented, evidence
submitted, and applicable regulations. Their decisions may not set binding precedents, but they can
have significant implications for the parties involved and may be subject to judicial review.

5. Appeal and Review

• Judicial Functions: Decisions made by courts can be appealed to higher courts, providing multiple
layers of review. The appellate courts have the authority to overturn or modify lower court decisions.

• Quasi-Judicial Functions: Decisions made by quasi-judicial bodies can also be subject to judicial review,
but the scope of review may be limited. Courts typically assess whether the agency acted within its
jurisdiction, followed proper procedures, and made decisions that were reasonable and not arbitrary.

5. Discuss the position of the doctrine of separation of powers in lndia with reference to the collegium
system in appointing judges to the High Courts and the Supreme Court
The doctrine of separation of powers is a fundamental principle of governance that divides the powers
and responsibilities of government into three distinct branches: the Legislative, the Executive, and the
Judicial. This separation is essential for preventing the concentration of power, promoting
accountability, and protecting individual rights. In India, the doctrine is enshrined in the Constitution and
has been interpreted through various landmark judgments.

The Collegium System: The collegium system is a unique mechanism established by the Supreme Court
of India for the appointment and transfer of judges in the higher judiciary, specifically the High Courts
and the Supreme Court. This system evolved through judicial pronouncements rather than legislative
enactment, with the primary aim of safeguarding judicial independence.

Historical Background

1. First Judges' Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993): The
Supreme Court ruled that the Chief Justice of India (CJI) and a group of senior judges should have the
primary role in recommending appointments and transfers of judges. The decision emphasized the need
for judicial primacy in judicial appointments to protect the independence of the judiciary.

2. Second Judges' Case (Supreme Court Advocates-on-Record Association v. Union of India, 1998): This
judgment reinforced the collegium system, stating that the CJI should consult with two senior-most
judges in matters of judicial appointments and transfers. The court clarified that the executive's role in
the appointment process should be limited to the formal appointment of judges based on
recommendations made by the collegium.

3. Third Judges' Case (In re: Special Reference No. 1 of 1998): This case further elaborated on the
collegium system, outlining that the collegium should consist of the CJI and four senior-most judges of
the Supreme Court. The Supreme Court held that any appointment must reflect a consensus among
these judges.

Position of the Doctrine of Separation of Powers in India

1. Judicial Independence and the Executive's Role: The primary objective of the collegium system is to
uphold the independence of the judiciary. By placing the appointment and transfer of judges primarily in
the hands of the judiciary, the system aims to minimize executive influence over judicial appointments,
thereby preventing the executive branch from exerting undue control over the judiciary. This separation
is crucial for maintaining the integrity of the judicial system, particularly in cases where the judiciary may
need to adjudicate matters involving the government. However, the executive still plays a formal role in
the appointment process. After the collegium makes its recommendations, the President of India
formally appoints judges. This arrangement leads to a complex interaction between the branches, where
the judiciary recommends, and the executive acts on those recommendations. This overlap can create
tensions, as seen in instances where the government has returned the recommendations made by the
collegium, questioning its decisions on certain candidates.
2. Judicial Review and Accountability: The judiciary's role in appointing judges raises questions about
accountability. Critics argue that the collegium system lacks transparency and is not accountable to the
public or the legislature. The absence of clear criteria and the informal nature of the decision-making
process can lead to perceptions of opacity and favoritism.

Judicial appointments are critical to upholding the rule of law and the Constitution, and there have been
calls for a more transparent process. Advocates for reform suggest that legislative involvement, such as
establishing a statutory framework for appointments, could enhance accountability while preserving
judicial independence. However, the judiciary maintains that its primacy in appointments is essential for
protecting its independence and the separation of powers. This tension reflects the ongoing struggle to
balance judicial independence with democratic accountability in a constitutional framework.

3. Interference by the Legislature: The judiciary, through the collegium system, seeks to maintain a
buffer against potential interference from the legislature in judicial appointments. This is significant in a
country where the legislative branch often exercises considerable influence over executive functions.
The separation of powers doctrine aims to prevent any one branch from encroaching upon the functions
of another, thereby ensuring that the judiciary remains free from political pressures. However, the
legislature has occasionally attempted to assert its influence over judicial appointments. In response to
the perceived opacity of the collegium system, the government proposed the National Judicial
Appointments Commission (NJAC) through the Constitution (99th Amendment) Act, 2014. This
commission aimed to include representatives from the executive and civil society in the appointment
process.

4. Current Debates and Reforms: The collegium system remains a topic of debate in India. Proponents
argue that it is essential for safeguarding judicial independence, while critics highlight its lack of
transparency and accountability. Suggestions for reform include:

• Increased Transparency: Proposals to make the collegium's decision-making process more transparent
could involve publishing criteria for appointments and the reasons for specific recommendations.

• Legislative Framework: Some advocate for a statutory framework that balances the roles of the
judiciary and executive in appointments, potentially enhancing accountability while preserving
independence.

• Inclusion of Civil Society: Expanding the composition of the collegium or involving representatives from
civil society could promote diversity and transparency in the appointment process.

unit 1 - 6 marks

1. Write a short note on rule of law (4)

The rule of law is a foundational principle in democratic governance and a fundamental tenet of legal
systems around the world. It asserts that every individual, institution, and government is accountable to
the law, which is applied equally and fairly, ensuring justice and protecting the rights of citizens. This
concept is crucial for maintaining order, promoting justice, and fostering a society governed by laws
rather than arbitrary decisions.

Core Principles of the Rule of Law

1. Equality Before the Law: One of the fundamental tenets of the rule of law is that all individuals,
regardless of their status, wealth, or power, are subject to the same laws. This principle ensures that no
one is above the law, and everyone has equal protection and benefits under the law.

2. Legal Certainty: The rule of law requires that laws be clear, publicized, and stable, allowing individuals
to understand their rights and obligations. Legal certainty enables people to plan their actions and
provides assurance that laws will be enforced consistently.

3. Access to Justice: The rule of law emphasizes that individuals have the right to access legal remedies
and seek justice through fair and impartial legal processes. This access is crucial for holding authorities
accountable and ensuring that individuals can defend their rights.

4. Independent Judiciary: A key component of the rule of law is an independent judiciary that can
impartially interpret and apply the law without interference from other branches of government. This
independence is essential for upholding justice and ensuring that legal decisions are made based on law
rather than political considerations.

5. Due Process: The rule of law guarantees that individuals are entitled to fair legal procedures when
their rights or liberties are at stake. Due process includes the right to be heard, the right to a fair trial,
and protection against arbitrary actions by the state.

Importance of the Rule of Law

1. Protection of Human Rights: By establishing legal frameworks that safeguard individual rights, the rule
of law is vital for protecting human rights and liberties. It acts as a barrier against arbitrary governance
and abuse of power.

2. Promotion of Stability and Order: A society governed by the rule of law experiences greater stability
and order. Laws provide a predictable framework for social interactions, reducing conflicts and
promoting peaceful coexistence.

3. Encouragement of Economic Development: A strong rule of law fosters an environment conducive to

economic growth. When individuals and businesses have confidence in legal protections and the
enforcement of contracts, it encourages investment and innovation.

4. Checks and Balances: The rule of law facilitates a system of checks and balances among different
branches of government. It ensures that no single entity has unchecked power, thereby preventing
tyranny and promoting accountability.

Challenges to the Rule of Law

1. Corruption: Corruption can undermine the rule of law by compromising the integrity of legal
institutions and officials. It can lead to selective enforcement of laws and unequal treatment of
individuals.

2. Political Interference: In some countries, political interference in the judiciary and law enforcement
can erode the independence of these institutions, compromising their ability to uphold the rule of law.

3. Discrimination: Systemic discrimination can result in unequal application of the law, undermining the
principle of equality before the law and denying marginalized groups access to justice.

2. Write a note on Droit Administratif (French Legal System) (4)

Droit Administratif, or administrative law, is a branch of law that governs the activities of administrative
agencies of government. It is primarily concerned with the rules, regulations, and procedures that public
authorities must follow when exercising their powers, ensuring accountability and protecting the rights
of citizens against arbitrary actions by the state. Droit Administratif is a vital component of the legal
framework in many countries, particularly in civil law jurisdictions, and plays a crucial role in the
functioning of modern governance.

Historical Background: The concept of administrative law emerged in the 19th century, particularly in
France, as a response to the growing complexity of government functions and the need for specialized
regulations governing public administration. The term "droit administratif" was formalized during this
period, and it laid the foundation for a distinct legal framework to address the relationship between the
state and individuals. The French administrative law system has influenced many countries around the
world, establishing principles that are integral to administrative law today.

Key Features of Droit Administratif

1. Legal Framework for Administrative Actions: Droit Administratif provides the legal basis for the
actions taken by administrative bodies, such as government agencies, regulatory authorities, and local
governments. It establishes the procedures that these entities must follow when making decisions,
implementing policies, and enforcing laws.

2. Protection of Individual Rights: One of the central objectives of administrative law is to protect
citizens from arbitrary or unlawful actions by the state. Droit Administratif ensures that individuals have
recourse to challenge administrative decisions that affect their rights and interests. This is often
achieved through mechanisms such as judicial review and administrative appeals.

3. Judicial Review: Courts play a critical role in Droit Administratif by reviewing the legality of
administrative actions. Judicial review allows individuals to challenge decisions made by administrative
agencies, ensuring that these decisions are made within the framework of the law and adhere to
principles of fairness and justice.

4. Discretionary Powers and Accountability: Administrative agencies are often granted discretionary
powers to make decisions based on specific criteria. Droit Administratif establishes guidelines for the
exercise of these powers, ensuring that they are used appropriately and do not lead to arbitrary or
discriminatory outcomes. Accountability mechanisms, such as transparency requirements and reporting
obligations, are integral to this process.

5. Administrative Procedures: Droit Administratif outlines the procedures that administrative agencies
must follow in conducting their functions. These procedures often include public participation, notice-
and-comment processes, and opportunities for individuals to present their views before decisions are
made. Such procedures enhance democratic governance and promote public trust in administrative
processes.

The Role of Droit Administratif in Governance

1. Ensuring Good Governance: By regulating the actions of administrative bodies, Droit Administratif
promotes good governance principles, including transparency, accountability, and efficiency in public
administration. It helps to prevent corruption and abuse of power, fostering public confidence in
government institutions.

2. Facilitating Public Participation: Administrative law encourages citizen engagement in the decision-
making process. By providing mechanisms for public input and participation, Droit Administratif ensures
that diverse perspectives are considered in policy formulation and implementation.

3. Balancing Interests: Droit Administratif seeks to balance the interests of the state with the rights of
individuals. While the government must carry out its functions effectively, it must also respect and
protect the rights of citizens, creating a harmonious relationship between the state and the governed.

Challenges in Droit Administratif

• Complexity: The intricacies of administrative law can make it difficult for individuals to navigate and
understand their rights and the procedures involved in challenging administrative actions.

• Administrative Discretion: The broad discretionary powers granted to administrative agencies can lead
to inconsistencies and potential misuse, necessitating ongoing oversight and reform.

• Access to Justice: While judicial review is a critical component of Droit Administratif, access to legal
remedies can be limited by financial, procedural, and logistical barriers, impacting individuals’ ability to
seek redress.

3. Distinguish between Constitutional law and administrative law (4)

1. Definition and Scope

• Constitutional Law: This branch of law deals with the interpretation, implementation, and amendment
of the Constitution. It outlines the fundamental principles and structures of government, delineates the
powers of various branches (executive, legislative, and judicial), and guarantees individual rights and
liberties. Constitutional law serves as the supreme law of the land, providing the foundation for all other
laws.
• Administrative Law: In contrast, administrative law focuses on the rules, regulations, and procedures
that govern administrative agencies and their decision-making processes. It regulates the actions of
public authorities, ensuring they act within the scope of their powers and comply with principles of
fairness and legality. Administrative law addresses issues related to the implementation of government
policies and regulations.

2. Source of Law

• Constitutional Law: The primary source of constitutional law is the Constitution itself. It encompasses
written provisions and unwritten conventions that shape the functioning of the state. Constitutional law
also draws from judicial interpretations and precedents established by courts.

• Administrative Law: Administrative law is derived from statutes enacted by the legislature, regulations
issued by administrative agencies, and judicial decisions that interpret these regulations. It is more
dynamic and evolves based on the administrative practices and the needs of governance.

3. Function and Purpose

• Constitutional Law: The primary function of constitutional law is to define the framework of
government, allocate powers among different branches, and protect the fundamental rights of
individuals. It aims to ensure that government actions conform to constitutional principles, providing a
check against abuse of power.

• Administrative Law: The main purpose of administrative law is to regulate the activities of
administrative agencies, ensuring accountability, transparency, and fairness in their decision-making
processes. It provides mechanisms for individuals to challenge administrative actions and seek redress
for grievances arising from these actions.

4. Enforcement and Judicial Review

• Constitutional Law: Violations of constitutional provisions can be challenged in higher courts, leading
to judicial review. Courts have the power to invalidate laws or actions that are found to be
unconstitutional.

• Administrative Law: Judicial review in administrative law involves examining the legality of
administrative actions. Courts assess whether agencies acted within their authority, followed proper
procedures, and made decisions based on reasonable grounds.

5. Doctrine of separation of powers in Indian Constitution

Historical Context: The concept of separation of powers is primarily derived from the works of political
philosophers like Montesquieu, who argued that separating government powers is essential to protect
individual liberties. While the Indian Constitution does not explicitly state this doctrine, it embodies its
principles through various provisions that delineate the powers and responsibilities of each branch.
Legislative Power: The Legislature is responsible for making laws. In India, this is done through
Parliament at the national level, comprising the Lok Sabha (House of the People) and the Rajya Sabha
(Council of States). State legislatures perform similar functions at the state level. The legislative branch
has the authority to enact laws, control budgets, and scrutinize the actions of the executive, thereby
holding it accountable.

Executive Power: The Executive is responsible for implementing and enforcing laws. It includes the
President of India, the Council of Ministers, and various administrative agencies. The executive's primary
function is to ensure that laws passed by the legislature are executed effectively. The President also has
a ceremonial role and acts as the constitutional head of the state.

Judicial Power: The Judiciary interprets laws and adjudicates disputes. The Supreme Court of India and
various High Courts ensure that laws are applied fairly and justly. The judiciary has the power to review
legislative and executive actions to ensure they conform to the Constitution. This power of judicial
review acts as a crucial check on the other branches, safeguarding individual rights and liberties.

Interrelationship and Checks: While the doctrine of separation of powers emphasizes the independence
of each branch, the Indian Constitution also recognizes the interdependence of these branches. For
example, the President, who is part of the executive, is elected by the legislature. Additionally, the
judiciary can review and invalidate legislative and executive actions that violate the Constitution.

6. Classification of various administrative function

Administrative functions refer to the activities carried out by government agencies and administrative
bodies to implement policies, enforce laws, and provide public services. These functions can be
classified into several categories based on their nature, objectives, and processes. Understanding these
classifications is crucial for comprehending how administrative law operates and the roles various
agencies play in governance.

1. Regulatory Functions: Regulatory functions involve the establishment and enforcement of rules and
regulations that govern the behavior of individuals and organizations. These functions are typically
performed by specialized regulatory agencies tasked with overseeing specific sectors. Examples include:

• Environmental Regulation: Agencies like the Environmental Protection Agency (EPA) establish
standards for pollution control and environmental protection.

• Financial Regulation: Institutions such as the Reserve Bank of India (RBI) regulate the banking sector to
maintain stability and protect consumers.

2. Service Delivery Functions: Administrative bodies are responsible for delivering essential services to
the public. These functions ensure that citizens have access to various public goods and services,
including:

• Healthcare Services: Public health departments manage hospitals, clinics, and health programs to
provide medical care.
• Education Services: Educational authorities oversee schools and colleges, implementing policies to
ensure quality education and access for all.

3. Administrative Discretionary Functions: Administrative agencies often exercise discretionary powers

in decision-making processes. These functions involve making choices based on the specific
circumstances of each case, guided by established criteria and policies. Examples include:

• Licensing and Permits: Agencies may grant or deny licenses for businesses, requiring them to meet
certain standards or conditions.

• Discretion in Welfare Programs: Social welfare agencies have discretion in determining eligibility for
assistance programs, allowing them to tailor support to individual needs.

4. Judicial and Quasi-Judicial Functions: Some administrative bodies perform judicial or quasi-judicial
functions, which involve resolving disputes and making decisions that have legal implications. This
classification includes:

• Administrative Tribunals: These bodies adjudicate disputes arising from administrative actions, such as
tax assessments or employment issues in public service.

• Disciplinary Proceedings: Regulatory agencies may conduct hearings to address misconduct by

professionals, such as doctors or lawyers, enforcing standards and ethical conduct.

5. Investigative Functions: Investigative functions involve the collection of information, evidence, and
data to ensure compliance with laws and regulations. These functions are crucial for maintaining
transparency and accountability. Examples include:

• Audits and Inspections: Regulatory agencies conduct audits of businesses and organizations to ensure
compliance with financial and operational standards.

• Enforcement Investigations: Agencies investigate violations of laws, such as environmental violations

or corporate fraud, to enforce penalties and ensure adherence to regulations.

6. Policy Formulation and Planning Functions: Administrative bodies play a significant role in policy
formulation and planning, contributing to the development of government strategies and initiatives.
This involves:

• Research and Analysis: Agencies conduct research to assess the needs of the population and the
effectiveness of existing policies.

• Program Development: Based on research findings, agencies design programs and initiatives to
address specific issues, such as poverty alleviation or infrastructure development.

7. Coordination and Facilitative Functions: Administrative functions also include coordination among
various departments and levels of government to ensure effective governance. This classification
focuses on:
• Interdepartmental Coordination: Agencies work together to implement policies that require input and
cooperation from multiple sectors.

• Public Engagement: Administrative bodies facilitate public participation in governance through

consultations, forums, and outreach programs.

Unit 2 - 10 marks

1. Define deligated legislation and explain the reasons for the growth of delegated legislation in lndia
(3)

Delegated legislation, also known as subordinate legislation, refers to laws or regulations made by an
authority or body other than the legislature, but under its authority. In this process, the legislature
delegates its law-making powers to an executive or administrative body, which then enacts rules,
regulations, or by-laws. The delegation is done through an enabling act, also known as the parent act or
primary legislation, which provides the framework and boundaries within which the delegated authority
can operate.

Reasons for the Growth of Delegated Legislation in India

1. Need for Specialized Expertise: Modern legislation often deals with highly specialized and technical
fields such as taxation, environmental protection, health care, and industrial regulation. Members of the
legislature may lack the technical expertise to draft detailed laws for these areas. Therefore, delegation
to administrative agencies or departments with specialized knowledge allows for the formulation of
more precise and effective laws.

2. Flexibility in Law-making: Legislative procedures can be time-consuming and rigid, often involving
extensive debate, discussion, and voting. In contrast, delegated legislation provides a faster and more
flexible method to address emerging issues or situations that require immediate legal attention. The
executive or administrative body can swiftly implement or amend laws without needing to go through
the lengthy legislative process.

During the COVID-19 pandemic, for instance, the government issued numerous delegated legislations in
the form of regulations and orders to enforce lockdowns, regulate movement, and control public health
measures.

3. Relieving Legislative Workload: The Indian Parliament and state legislatures are often overwhelmed
with a vast range of legislative tasks, including debates on policies, laws, and governance issues.
Delegating the power to enact subsidiary rules and regulations helps ease the workload on the
legislature. Delegated legislation allows the legislature to focus on broader policy issues while leaving
the detailed implementation to administrative bodies.

4. Dealing with Local and Specific Issues: Many laws require localized application, especially in a country
as diverse as India. A one-size-fits-all approach is not always feasible for issues such as urban planning,
municipal governance, or regional taxation. Delegated legislation allows local authorities or specialized
agencies to tailor laws to the specific needs of their region or sector.

5. Adapting to Changing Circumstances: The social, economic, and technological environment in which
laws operate is constantly evolving. Delegated legislation allows the government to quickly adapt legal
frameworks to these changes without waiting for the slow-moving legislative process. This adaptability
ensures that laws remain relevant and effective over time.

6. Emergencies and Contingencies: In times of emergencies, such as natural disasters, pandemics, or

security threats, the government needs the flexibility to act quickly and decisively. Delegated legislation
allows the executive branch to enact rules and regulations that can respond effectively to these crises,
often without requiring immediate parliamentary approval.

During the COVID-19 crisis, many states and the central government issued delegated legislation in the
form of emergency regulations to control the spread of the virus, regulate movement, and allocate
medical resources.

7. Increased Governmental Intervention: As governments increasingly intervene in economic and social

life, there is a growing need for detailed and complex laws that regulate industry, commerce, education,
health, and welfare. Such intervention requires flexible and specific legal frameworks that can be easily
adjusted through delegated legislation.

Safeguards and Control Over Delegated Legislation

1. Parliamentary Scrutiny: Delegated legislation is subject to review by Parliament or state legislatures,

ensuring accountability. Parliament can annul or modify delegated rules if they overstep their authority
or violate fundamental principles.

2. Judicial Review: The judiciary plays a crucial role in reviewing the legality of delegated legislation.
Courts have the power to strike down delegated laws if they are found to be unconstitutional, arbitrary,
or in violation of the enabling act.

3. Publication and Transparency: Rules and regulations made under delegated legislation are usually
required to be published, ensuring that the public is informed and can challenge any overreach.

2. Explain how the parliament of lndia exercises control over delegated legislation (3)

Parliamentary control over delegated legislation is essential to maintain the balance between the
legislature and the executive and to prevent any misuse or arbitrary exercise of delegated powers.
Here’s how the Parliament of India exercises control over delegated legislation:

1. Enabling or Parent Act: The first and most fundamental control exercised by the Parliament over
delegated legislation lies in the enabling or parent statute that grants the executive or administrative
authority the power to make subordinate legislation. The scope of delegation, powers conferred, and
the purpose for which such powers are granted are clearly laid out in the parent law.
• The parent act specifies who can delegate the powers, what powers can be delegated, and how these
powers should be exercised.

• Parliament can place limitations or conditions in the parent law, ensuring that delegated authority
does not abuse its powers or exceed the limits prescribed by the legislation.

2. Laying Before Parliament: One of the most crucial methods by which the Parliament of India controls
delegated legislation is through the laying procedure. The delegated legislation made by an executive or
administrative body must be laid before Parliament, allowing legislators to scrutinize and, if necessary,
challenge or modify the legislation.

There are three types of laying procedures:

• Simple Laying: Under this procedure, the delegated legislation is laid before Parliament, and it
becomes effective unless the Parliament takes specific action to reject or modify it within a certain time
frame. If no action is taken, the delegated legislation automatically continues in force.

• Laying with Negative Resolution: In this procedure, the delegated legislation becomes effective upon
being laid before Parliament but may be annulled or modified by a resolution passed by either House of
Parliament within a specific period. This provides Parliament the power to annul or modify the
subordinate legislation if it deems necessary.

• Laying with Affirmative Resolution: Under this system, delegated legislation does not come into effect
unless it is expressly approved by a resolution of both Houses of Parliament. This gives Parliament a
higher degree of control over the subordinate legislation.

3. Parliamentary Committees on Subordinate Legislation: Parliament exercises detailed scrutiny of

delegated legislation through its Committees on Subordinate Legislation. Both the Lok Sabha (House of
the People) and the Rajya Sabha (Council of States) have their respective committees dedicated to
examining the delegated legislation.

• Role of the Committees: The Committees examine whether the powers delegated to the executive
have been exercised properly. They ensure that delegated legislation conforms to the provisions of the
parent law, does not infringe on fundamental rights, and is not ultra vires (beyond the scope of the
authority conferred by the parent statute). They also assess whether the delegated authority has
exceeded the limits of its powers or if the rules and regulations contradict the intent of the enabling
legislation.

• Reports of the Committees: After careful examination, the committees submit their reports to
Parliament. Based on these reports, Parliament can take corrective measures such as amending or
annulling the delegated legislation. The Committee's findings provide an effective check on the misuse
of delegated powers by the executive.

4. Question Hour and Debates: Parliament exercises an indirect but significant form of control over
delegated legislation through Question Hour, debates, and discussions. During parliamentary sessions,
members of Parliament (MPs) can question ministers about the delegated legislation, seek explanations,
or raise concerns about its implications.

• Question Hour: MPs can ask questions to the government regarding the framing and implementation
of rules under delegated legislation. Ministers are accountable to Parliament and must provide answers
about the rationale, necessity, and legal basis of the delegated rules.

• Debates and Discussions: Parliamentary debates give MPs the opportunity to critically evaluate the
delegated legislation. MPs can express concerns, highlight shortcomings, or push for amendments in the
legislative framework or the subordinate rules.

Through such discussions, Parliament can exert pressure on the executive to justify its actions, ensuring
transparency and accountability in the exercise of delegated powers.

5. Judicial Review as a Safeguard: While not directly related to parliamentary control, judicial review is
another mechanism by which delegated legislation can be challenged. Citizens or aggrieved parties can
approach courts if they believe that a delegated legislation exceeds the powers conferred by the
enabling statute or violates the Constitution.

Courts can strike down such legislation if found ultra vires (beyond powers), arbitrary, or in violation of
fundamental rights. The judiciary acts as a vital check on the executive’s powers, complementing the
parliamentary control over delegated legislation.

6. Sunset Clauses: In certain instances, Parliament may include a sunset clause in the parent act. A
sunset clause provides that the delegated legislation will cease to have effect after a specific date unless
renewed or extended by the legislature. This mechanism ensures that Parliament periodically reviews
the delegated legislation and assesses its necessity or relevance in changing circumstances.

7. Control Through Amendment or Repeal: Parliament retains the ultimate authority to amend or repeal
the enabling legislation itself, which would affect the validity of the delegated legislation. If Parliament is
dissatisfied with the delegated legislation or believes it is being misused, it can modify or repeal the
parent statute, effectively nullifying the delegated authority’s power to enact rules under it.

3. Examine the constitutionality of delegated legislation in lndia with reference to decided case (3)

Delegated legislation, also known as subordinate legislation, involves the transfer of law-making power
from the legislature to the executive or other subordinate authorities. While the legislature enacts the
broad framework of laws, the detailed implementation is often delegated to government authorities
through rules, regulations, or orders. In India, delegated legislation is a widely accepted practice, but its
constitutionality has been examined and challenged in several judicial decisions to ensure it complies
with the Constitution of India and does not undermine the legislative authority of the Parliament or
state legislatures.

Legal Framework for Delegated Legislation: The Constitution of India provides for a separation of powers
among the executive, legislative, and judicial branches of government. The legislative power rests with
Parliament and state legislatures, but due to the complexities of modern governance, they often
delegate some of their law-making powers to the executive. Article 245 and Article 246 of the
Constitution allow Parliament and state legislatures to enact laws, which include provisions for
delegating certain legislative functions to administrative bodies or authorities.

Conditions for Constitutionality

1. Within the Scope of the Enabling Act: The delegation must be authorized by a statute, known as the
enabling or parent act, which provides the framework within which delegated legislation can be created.
The enabling statute must clearly outline the extent and nature of the delegation.

2. Non-Delegation of Essential Legislative Functions: The judiciary has ruled that while Parliament can
delegate rule-making power, it cannot delegate its essential legislative functions. The fundamental
policy or principle must be laid down by the legislature itself, and only ancillary or subordinate matters
can be delegated.

3. Conformity with Constitutional Principles: Delegated legislation must comply with the Constitution,
including fundamental rights, and cannot contravene any constitutional provisions.

Judicial Examination of Constitutionality: The constitutionality of delegated legislation has been

examined by Indian courts in numerous cases. The judiciary, while upholding the need for delegated
legislation, has consistently set limits to prevent misuse of delegated powers.

Hamdard Dawakhana v. Union of India, 1960: In this case, the validity of certain provisions of the Drugs
and Magic Remedies (Objectionable Advertisements) Act, 1954 was challenged. The Act authorized the
government to specify certain diseases for which advertisements could be prohibited. The Supreme
Court held that excessive delegation without clear guidelines is unconstitutional. The Court struck down
the provision, stating that the Act gave the government unlimited power to decide which diseases would
be included, without providing any guidelines or principles. This case highlighted that excessive and
arbitrary delegation is unconstitutional and that the enabling statute must provide sufficient guidance to
the authority exercising the delegated power.

A.K. Roy v. Union of India, 1982: In this case, the validity of certain rules made under the National
Security Act, 1980 was challenged. The Act allowed the government to detain individuals to prevent
them from acting against national security. The Supreme Court held that while the legislature can
delegate rule-making power to the executive in matters of national security, the delegated legislation
must conform to the fundamental rights guaranteed by the Constitution. The Court upheld the
delegated legislation but emphasized that it must not violate the rights of individuals under Articles 14,
19, and 21 of the Constitution.

Excessive Delegation: One of the primary concerns with delegated legislation is the risk of excessive
delegation, where the executive or administrative authority is given too much discretionary power
without sufficient checks or guidelines. The judiciary has consistently ruled that excessive delegation,
where there are no clear principles or guidelines, is unconstitutional.
Safeguards Against Misuse

• Parliamentary Control: Delegated legislation is subject to parliamentary scrutiny. Rules and regulations
made by the executive must be laid before Parliament, which can review, amend, or annul them.

• Judicial Review: Courts have the power to strike down delegated legislation if it exceeds the powers
granted by the parent statute or violates the Constitution. Judicial review acts as a check on the
arbitrary use of delegated powers.

• Doctrine of Ultra Vires: Delegated legislation must not exceed the limits set by the enabling act. If it
does, it can be declared ultra vires (beyond powers) and invalid by the courts.

4. "The delegated legislation may be assailed as ultra vires". Explain the statement in the right of
judicial control over delegated legislation (2)

One of the most crucial aspects of judicial control over delegated legislation is the doctrine of ultra vires.
"Ultra vires" is a Latin term meaning "beyond the powers." When delegated legislation exceeds the
authority granted by the parent statute or violates constitutional principles, it can be challenged and
struck down as ultra vires by the courts.

Types of Ultra Vires in Delegated Legislation

1. Substantive Ultra Vires: Substantive ultra vires occurs when the delegated legislation goes beyond the
scope of the authority conferred by the enabling statute. In other words, if the subordinate legislation
includes provisions or rules that exceed the powers granted by the legislature in the parent statute, the
court may declare it invalid.

Key aspects of substantive ultra vires include:

• Exceeding the Scope of Authority: If the rule-making authority acts beyond the powers conferred by
the enabling act, the delegated legislation can be struck down. The parent statute usually defines the
limits within which the executive or delegated authority must operate.

• Contradicting the Parent Act: If the delegated legislation contradicts or is inconsistent with the
provisions of the parent act, it will be declared ultra vires. The subordinate legislation must always
conform to the main principles and objectives laid down in the enabling act.

• Violation of Fundamental Rights: Delegated legislation must adhere to the constitutional principles,
including fundamental rights. If it infringes upon fundamental rights guaranteed under Part III of the
Indian Constitution (such as the right to equality, freedom of speech, or right to life), it can be
challenged in court and declared ultra vires.

Hamdard Dawakhana v. Union of India (1960), the Supreme Court declared certain provisions of the
Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, invalid, as they restricted free
speech in a manner that violated Article 19(1)(a) of the Constitution.
2. Procedural Ultra Vires: Procedural ultra vires arises when the procedures laid down by the parent
statute for making delegated legislation are not followed. Even if the delegated authority has
substantive powers, failure to comply with prescribed procedures may render the delegated legislation
invalid.

Common grounds for procedural ultra vires include:

• Non-Compliance with Laying Requirements: Many parent statutes require that delegated legislation be
laid before Parliament or the legislature for a specific period. This allows legislative scrutiny and ensures
that the delegated legislation is in line with the intention of the enabling statute. If the laying procedure
is not followed, the delegated legislation can be declared ultra vires.

• Failure to Conduct Public Consultations: Some statutes mandate public consultations or hearings
before the enactment of certain rules or regulations. If the delegated authority fails to follow such
procedures, the delegated legislation may be declared procedurally ultra vires.

• Non-Adherence to Publication Requirements: Many statutes require that rules, orders, or notifications
must be published in the Official Gazette or in another prescribed manner for them to take effect. If the
delegated legislation is not properly published or brought to the notice of the public, it can be
challenged as ultra vires.

In Harla v. State of Rajasthan (1951), the Supreme Court held that a law that was not published or made
known to the public had no legal force. The principle extends to delegated legislation as well, ensuring
transparency and public awareness.

Grounds for Judicial Control Over Delegated Legislation

1. Excessive Delegation: Delegated legislation can be struck down if the delegation of legislative power is
excessive or goes beyond the permissible limits set by the Constitution. The Supreme Court, in the Delhi
Laws Act Case (1951), held that essential legislative functions, such as framing policy or creating new
law, cannot be delegated to the executive.

2. Violation of Fundamental Rights: Any delegated legislation that violates the fundamental rights
guaranteed by the Constitution can be challenged in court. The judiciary ensures that delegated
legislation does not infringe upon the fundamental freedoms enshrined in the Constitution.

3. Unreasonable or Arbitrary Delegation: Delegated legislation must be reasonable and not arbitrary. If it
is found to be unreasonable, unjust, or arbitrary, courts can declare it ultra vires. For instance, in Air
India v. Nergesh Meerza (1981), certain rules relating to the retirement of air hostesses were held to be
discriminatory and arbitrary, and were struck down.

4. Non-Conformity with the Parent Statute: Courts ensure that the delegated legislation does not
contradict or exceed the powers conferred by the parent act. If it does, it is declared ultra vires and
invalid.
5. Discuss the forms of legislative control over delegated legislation (2)

Forms of Legislative Control Over Delegated Legislation

The control exercised by the legislature over delegated legislation can take several forms, including
direct control through the enabling statute, indirect control through parliamentary committees, and
procedural control involving the laying of rules before Parliament.

1. Pre-Delegation Control: Before the delegation of legislative powers to the executive or other bodies,
the legislature exercises a form of control by establishing clear guidelines and limits in the enabling or
parent statute. This is a form of pre-delegation control, where the legislature decides:

• The scope and limits of the delegated powers: The legislature clearly specifies the areas in which the
executive can make rules or regulations. It also determines the subjects that can be delegated and those
that must remain within the direct purview of the legislature.

• Purpose and objectives: The legislature lays down the purposes for which delegated legislation may be
used. The enabling act defines the framework within which the delegated authority must operate,
ensuring that the rules made align with legislative intent.

• Procedural requirements: Some enabling statutes prescribe procedures for rule-making, such as
mandatory consultations with stakeholders, adherence to certain principles, or specific steps that must
be taken before the delegated legislation becomes effective.

2. Post-Delegation Control: Once the executive or subordinate authority exercises its power to create
delegated legislation, the legislature has several tools at its disposal to ensure that the delegated
legislation complies with the principles laid down in the parent statute and does not exceed its
boundaries. These forms of post-delegation control include the following mechanisms:

(i) Laying of Delegated Legislation Before Parliament: One of the most common and important forms of
legislative control over delegated legislation is the requirement that such legislation be laid before
Parliament or the state legislature. The laying procedure ensures that delegated legislation is subjected
to legislative scrutiny and can be modified or annulled if necessary. There are various forms of the laying
procedure, including:

• Simple Laying: Delegated legislation is laid before Parliament, and it comes into force unless
Parliament disapproves it. This is a minimal form of control and is often referred to as a negative
resolution procedure.

• Laying with Delayed Effect: In this form of laying, the delegated legislation comes into effect only after
a specified period has passed since it was laid before Parliament. During this period, Parliament has the
opportunity to review and, if necessary, amend or annul the legislation.
• Laying Subject to Affirmative Resolution: Under this form, the delegated legislation does not take
effect unless it is explicitly approved by Parliament. This is a more stringent form of control, as it
requires active approval from the legislative body.

(ii) Parliamentary Committees for Scrutiny of Delegated Legislation: In addition to the laying procedure,
legislative control is also exercised through specialized parliamentary committees that are responsible
for scrutinizing delegated legislation. In India, there are specific committees tasked with this function,
such as the Committee on Subordinate Legislation in both the Lok Sabha and Rajya Sabha. These
committees play a crucial role in ensuring that delegated legislation adheres to the principles of the
enabling statute and does not exceed the limits of delegated powers.

(iii) Power to Annul, Modify, or Repeal Delegated Legislation: Parliament has the power to annul or
modify any delegated legislation that has been laid before it. If, upon examination, Parliament or a state
legislature finds that a particular piece of delegated legislation is not in line with the objectives of the
enabling statute or is excessive, it can pass a resolution to annul or amend the legislation. This provides
a direct form of control over the actions of the executive.

(iv) General Legislative Power of Repeal or Amendment: In addition to annulment of specific delegated
legislation, Parliament has the inherent power to amend or repeal the parent statute itself, thereby
controlling or eliminating the authority of the executive to issue further delegated legislation. This is a
form of general legislative control where Parliament can limit or withdraw the delegated powers
through a change in the statute.

Limitations of Legislative Control

• Overload of Legislative Business: Legislatures, particularly in large democracies like India, often have
limited time and resources to scrutinize delegated legislation thoroughly. As a result, some delegated
legislation may escape detailed review.

• Political Considerations: The political party in power, which controls the executive, may not always be
inclined to rigorously scrutinize delegated legislation issued by its own government. This can undermine
the effectiveness of legislative control.

6. Discuss the grounds on which delegated legislation may be challenged in courts. Refer to decided
case

The primary grounds for challenging delegated legislation are substantive ultra vires, procedural ultra
vires, and violation of fundamental rights.

1. Substantive Ultra Vires: Substantive ultra vires means that the delegated legislation exceeds the
powers conferred by the enabling statute. Courts may declare such legislation invalid if it contravenes
the objectives or provisions of the parent act.

(i) Exceeding the Scope of the Parent Act: Delegated legislation must remain within the limits set by the
enabling statute. If it goes beyond the scope of the powers granted, it can be declared invalid.
Bhatnagars & Co. Ltd. v. Union of India (1957) In this case, the Supreme Court held that the rules framed
by the government under the Imports and Exports (Control) Act were ultra vires because they went
beyond the powers conferred by the parent act. The court struck down the rules as they were
inconsistent with the provisions of the statute.

(ii) Contradicting the Parent Act: If the delegated legislation contradicts the provisions or policies of the
enabling statute, it can be challenged as ultra vires. For example, if the parent act provides for a
particular procedure or right, and the delegated legislation nullifies or alters that, it can be declared
invalid.

(iii) Violation of Constitutional Provisions: Delegated legislation must conform to the Constitution,
especially in regard to fundamental rights. If the subordinate legislation infringes upon rights guaranteed
under Part III of the Constitution, such as the right to equality (Article 14) or freedom of speech (Article
19), it can be challenged in court.

2. Procedural Ultra Vires: Procedural ultra vires refers to cases where the procedure prescribed by the
enabling statute for making delegated legislation is not followed. Even if the delegated authority has the
substantive power to make the legislation, failure to comply with procedural requirements can render
the legislation invalid.

(i) Failure to Follow Laying Procedure: In many cases, the parent statute requires that the delegated
legislation be laid before the Parliament or state legislature for scrutiny. This laying procedure is a form
of legislative control over delegated legislation. If this requirement is not fulfilled, the legislation can be
challenged.

(ii) Non-Compliance with Consultation Requirements: In some cases, the parent statute may require
consultation with affected parties or stakeholders before enacting delegated legislation. Failure to
comply with such requirements may render the legislation invalid.

(iii) Failure to Publish Delegated Legislation: Publication is an important step in ensuring transparency
and allowing the public to know about the laws and rules that govern them. If the delegated legislation
is not properly published or brought to the notice of the public, it can be challenged.

Harla v. State of Rajasthan (1951) In this case, the Supreme Court held that laws and delegated
legislation that are not published or made publicly known have no legal force. The court emphasized the
importance of transparency and declared the unpublicized law void.

3. Arbitrariness and Unreasonableness: Delegated legislation can also be challenged on the grounds of
arbitrariness or unreasonableness. If the legislation is found to be arbitrary or unreasonable, it violates
Article 14 (Right to Equality) of the Constitution. The principle of reasonableness is integral to the rule of
law, and any rule or regulation that does not meet this standard may be struck down.

4. Excessive Delegation: Excessive delegation refers to a situation where the legislature delegates
powers to the executive that are too broad or vague. The doctrine of excessive delegation holds that the
essential legislative functions, such as making policy decisions or establishing legal principles, cannot be
delegated to the executive.

unit 2 - 6 marks

1. Sub delegated legislation (2)

Sub-delegated legislation refers to the process whereby an authority that has been granted the power
to make regulations or rules delegates some or all of that authority to another entity or individual. This
form of delegation is common in administrative law, where primary legislation (often passed by
Parliament) allows for more detailed rules to be developed by subordinate bodies, such as government
departments or agencies. Sub-delegated legislation can help in efficiently managing specific technical or
operational issues that require expert knowledge.

Characteristics of Sub-Delegated Legislation

1. Authority: Sub-delegated legislation is typically enacted under the authority of a parent statute that
outlines the scope and limits of the delegation. The primary body retains ultimate responsibility for the
legislative framework but entrusts the execution of specific tasks to another entity.

2. Scope and Limitations: The extent to which sub-delegation can occur is generally defined in the
enabling legislation. Authorities may not exceed the powers granted to them, and they must operate
within the confines of the original statute.

3. Flexibility and Efficiency: Sub-delegated legislation allows for more flexibility and responsiveness to
changing circumstances. It enables specialized bodies to enact regulations that are relevant to their area
of expertise, enhancing the overall effectiveness of the regulatory framework.

Legal Implications: Sub-delegated legislation is subject to judicial review. Courts have the authority to
scrutinize whether the delegation was within the limits set by the enabling statute and whether the sub-
delegated authority acted within its powers. If it is determined that the sub-delegated authority
exceeded its powers or did not comply with procedural requirements, the legislation may be invalidated.

S.R. Tewari v. District Board, Agra (1964): In this landmark case, the Supreme Court of India dealt with
the issue of sub-delegated legislation. The court emphasized that while the legislature may delegate
power to an authority, that authority must not delegate its power further without clear statutory
provision allowing such delegation. In this case, the District Board, which was authorized to make certain
regulations, delegated its powers to a sub-committee. The Supreme Court ruled that the delegation was
improper and invalid because the enabling statute did not explicitly permit further delegation. The
decision underscored the principle that sub-delegated legislation must adhere to the framework set out
by the parent statute, ensuring accountability and adherence to the rule of law.

2. Henry Vlll clause.

The "Henry VIII clause" is a provision in legislation that allows the government to amend or repeal
provisions of an Act of Parliament without the need for further primary legislation. Named after King
Henry VIII, who famously enacted laws through royal prerogative, this clause empowers ministers or
government officials to modify laws through secondary legislation or statutory instruments. This
mechanism can expedite the legislative process but raises concerns regarding accountability and the
separation of powers.

Purpose and Function

1. Efficiency: The primary purpose of a Henry VIII clause is to enable the government to make necessary
changes to legislation without the lengthy and complex process of passing a new Act of Parliament. This
can be particularly useful in situations where rapid legislative responses are needed, such as addressing
technical errors, updating provisions, or implementing EU law.

2. Flexibility: Such clauses provide flexibility to adapt legislation to changing circumstances or new
information, allowing governments to respond more efficiently to evolving policy needs.

3. Scope of Power: Typically, a Henry VIII clause specifies the extent of the powers granted, detailing
which provisions can be amended and the processes that must be followed. This can include
requirements for consultation, impact assessments, or sunset clauses that limit the duration of the
powers granted.

Concerns and Criticism

1. Parliamentary Sovereignty: One of the main criticisms of Henry VIII clauses is that they can undermine
the principle of parliamentary sovereignty. By allowing ministers to amend primary legislation without
direct parliamentary scrutiny, these clauses can diminish the role of Parliament in the legislative process.

2. Lack of Accountability: Critics argue that such clauses can lead to a lack of accountability, as they
enable the executive branch to make significant changes to laws without the same level of oversight
that would apply to full legislative processes. This can result in rushed or poorly considered changes that
do not adequately consider the interests of affected parties.

3. Judicial Review: Courts can review the exercise of powers under Henry VIII clauses to ensure that they
are used within the limits set by the enabling legislation. However, the scope for judicial intervention
may be limited, leading to concerns about the adequacy of checks and balances.

3. Write a note on 'removal of difficulty clause'.

The "removal of difficulty clause" is a provision typically found in legislation that allows the government
or the executive to make necessary adjustments or clarifications to the law in order to address
unforeseen difficulties that may arise during its implementation. This clause is often included in acts of
Parliament to provide a mechanism for overcoming practical challenges that were not anticipated at the
time the legislation was enacted.
Purpose and Function

1. Addressing Ambiguities: The primary purpose of a removal of difficulty clause is to empower

authorities to clarify or modify provisions of the law that may be ambiguous or impractical when applied
in real-world scenarios. This helps ensure that the law operates smoothly and effectively.

2. Flexibility in Implementation: Such clauses provide the necessary flexibility to adapt the legislation to
unforeseen circumstances or complexities that may hinder its effective execution. This adaptability is
crucial for maintaining the functionality of the law in a dynamic environment.

3. Expediency: By allowing executive authorities to resolve difficulties, these clauses can facilitate timely
solutions without requiring the lengthy process of enacting new legislation through Parliament. This is
particularly valuable in situations that demand immediate action.

Key Features

1. Limitations on Powers: The powers granted under a removal of difficulty clause are usually specified
and limited to what is necessary to overcome specific issues related to the implementation of the law.
This helps prevent the misuse of authority and ensures that changes remain within the legislative intent.

2. Time-Bound: Often, the clause may include provisions that limit the time frame within which the
executive can act to remove difficulties. This helps maintain accountability and ensures that the
executive's powers do not extend indefinitely.

3. Judicial Review: Decisions made under a removal of difficulty clause can be subject to judicial review,
allowing courts to assess whether the actions taken by the executive are within the scope of the powers
granted by the legislation.

4. Write a note on Administrative directions

Administrative directions are specific instructions or guidelines issued by government authorities or

administrative bodies to facilitate the implementation of laws, policies, and regulations. These directions
are a form of subordinate legislation and serve to clarify the application of primary legislation, ensuring
that the law is executed effectively and consistently across various departments and sectors.

Purpose and Function

1. Implementation of Policies: Administrative directions are crucial for the effective implementation of
government policies and legislative frameworks. They provide detailed guidance on how laws should be
applied in practice, ensuring uniformity and clarity in administrative procedures.

2. Flexibility and Adaptability: These directions allow administrative bodies to adapt to changing
circumstances and emerging challenges. By issuing specific instructions, authorities can address practical
issues that arise during the execution of laws without the need for new legislation.
3. Operational Clarity: Administrative directions help in reducing ambiguity surrounding legal provisions.
They provide clear, actionable steps for officials and stakeholders involved in the implementation
process, thereby enhancing operational efficiency.

Characteristics

1. Non-Statutory Nature: Unlike primary legislation, administrative directions are typically non-statutory.
They do not require parliamentary approval but are still essential for the effective functioning of
administrative processes.

2. Broad Scope: The scope of administrative directions can vary widely, covering various areas such as
procedural guidelines, compliance standards, and reporting requirements. This broad scope allows
authorities to address specific needs within their jurisdictions.

3. Accountability and Transparency: While administrative directions can enhance efficiency, they must
also adhere to principles of accountability and transparency. Authorities issuing such directions are
expected to provide clear justifications for their decisions and ensure that stakeholders are informed of
the guidelines in a timely manner.

Examples in Practice: Administrative directions can be found in various sectors, such as public health,
education, and environmental regulation. For instance, health authorities may issue directions regarding
the implementation of safety protocols during a public health crisis, outlining specific steps that
hospitals and healthcare providers must follow.

5. Distinguish between conditional legislation and delegated legislation

Conditional legislation and delegated legislation are two distinct concepts within the framework of
legislative processes. While both forms of legislation involve the delegation of authority and can adapt
to changing circumstances, they serve different purposes and operate under different principles.

1. Definition

• Conditional Legislation: This refers to laws enacted with specific conditions or stipulations attached to
their effectiveness. Such legislation comes into force only upon the fulfillment of certain pre-defined
conditions or events. For instance, a law might state that it will take effect only if a particular event
occurs or if a specific circumstance arises.

• Delegated Legislation: This refers to the process where Parliament delegates its legislative powers to a
subordinate authority, such as a government department or regulatory agency. The delegated authority
is empowered to create detailed rules, regulations, or guidelines under the framework set by the
primary legislation.

2. Purpose

• Conditional Legislation: The primary purpose of conditional legislation is to provide a mechanism for
implementing laws in a flexible manner, ensuring that the law is relevant and applicable only under
certain circumstances. This allows lawmakers to respond to specific needs without making broad,
sweeping changes.

• Delegated Legislation: The purpose of delegated legislation is to enable efficient and effective
governance by allowing experts or specialized bodies to formulate detailed regulations. This delegation
ensures that legislation can be updated or amended without the lengthy process of passing new primary
legislation through Parliament.

3. Scope and Authority

• Conditional Legislation: The scope of conditional legislation is often limited to the conditions set forth
in the law itself. It is still a form of primary legislation, and the authority to enact such legislation lies
within the legislative body.

• Delegated Legislation: Delegated legislation has a broader scope, as it can encompass a wide range of
rules and regulations created by various authorities. The extent of power granted to the delegated
authority is defined by the parent statute, which outlines the limits and conditions under which the
authority can operate.

4. Example

• Conditional Legislation: An example of conditional legislation might be a law that states it will only take
effect if the government declares a state of emergency or if a particular threshold of population health is
reached.

• Delegated Legislation: An example of delegated legislation would be regulations made by a health

department to enforce public health standards under the authority granted by a primary health law.

6. The Parent Act empowered the municipality to impose sales tax at the rate of 25/- per bottle of
foreign liquor. But the municipality failed to exercise the power. The state government imposed the
tax itself for the municipality. The action of the government was challenged. Decide

1. Authority and Jurisdiction: The Parent Act specifically grants the municipality the authority to impose
sales tax. This delegation of power is crucial; municipalities have the right to exercise this power unless it
is expressly stated that the state government can intervene.

2. Doctrine of Delegated Legislation: The imposition of tax is a legislative function, and unless the Parent
Act explicitly provides for the state to step in and impose the tax in the absence of municipal action, the
state’s actions could be seen as overstepping its authority.

3. Principle of Local Self-Government: Municipalities are designed to be local self-governments with

specific powers. By imposing the tax, the state government may be undermining the principle of local
self-governance which is fundamental to administrative law and democratic principles in India.

In K.K. Verma v. State of Maharashtra (1960), it was established that the state cannot exercise powers
that are explicitly assigned to a local authority unless provided for by law.
Conclusion: Given these considerations, the action of the state government in imposing a sales tax on
foreign liquor without the municipality exercising its power could be challenged as being ultra vires
(beyond the powers).

Recommended Course of Action:

• The municipality or any affected party can challenge the state government's imposition of the tax in
the appropriate court, asserting that the action was unauthorized and violated the provisions of the
Parent Act.

• The challenge could argue that the municipality was given a specific mandate to impose the tax and
that the state government should respect the local self-governance framework established by the Act.

• If the Parent Act does not include provisions for the state to act in such scenarios, the court is likely to
rule in favor of the municipality, declaring the state’s action as invalid.

7. The Kerala Education code provided that teachers working in the educational institutions would
super annuate on attaining 60 years of age. There after Kerala Education Act and Rules were enacted
prescribing 58 years of age for superannuation. The petitioner appointed under Kerala Education Code
was retired at the age of 58 years by the management and hence challenged the action. Decide

1. Legislative Framework: The Kerala Education Code originally provided for a superannuation age of 60
years. However, subsequent legislation, namely the Kerala Education Act and Rules, amended this
provision to set the superannuation age at 58 years.

2. Applicability of New Laws: The central question is whether the new age limit applies retrospectively to
those appointed under the Kerala Education Code. Generally, legislation does not operate
retrospectively unless explicitly stated. The courts often uphold the principle that existing rights should
not be disturbed without clear legislative intent.

3. Rights of Existing Employees:

o The petitioner had a reasonable expectation based on the earlier provisions of the Kerala Education
Code. A change in the law that adversely affects existing employees might be subject to judicial scrutiny,
especially regarding the expectation of continued employment until the age of 60.

o The Supreme Court of India has recognized the principle of legitimate expectation in several cases,
emphasizing that individuals have a right to expect the continuation of policies that have been
previously established unless there is a clear and justifiable reason for the change.

Conclusion: Given the above considerations, the action of the management to retire the petitioner at
the age of 58 years can be challenged as invalid. The following points support this conclusion:

1. The petitioner had a vested right under the Kerala Education Code to continue working until the age
of 60.
2. The Kerala Education Act and Rules should not apply retrospectively unless explicitly stated, which
would infringe upon the legitimate expectation of the petitioner.

3. Judicial precedents support the position that changes to superannuation age should not negatively
impact existing employees.

Recommended Course of Action

• The petitioner should file a writ petition in the appropriate High Court, challenging the retirement
order on the grounds of violation of his rights under the earlier Kerala Education Code and the principles
of legitimate expectation.

• The petitioner can argue that the management's action contravenes the established legal precedents
and that he should be allowed to continue his service until he attains the age of 60 years.

In conclusion, the retirement at the age of 58 years is likely to be deemed unlawful, and the petitioner
has a strong case for reinstatement until he reaches the age of 60, as per the original provisions of the
Kerala Education Code.

8. The Central Government delegated power to the State Government to take loans from the Asian
Development Bank for developing infrastructure. The State Government delegated this power to the
city and municipal corporations of the State. The city corporation borrowed money from the ADB and
imposed the self assessment scheme of collecting house tax within the corporation limits. A group of
citizen challenged the delegation of power from the state Government to the city corporation. Decide

1. Delegated Legislation:

o Delegated legislation refers to the transfer of legislative authority from a principal legislative body to
subordinate authorities.

o The power to delegate is subject to certain limitations. The original statute must provide clear
authority for delegation, and the delegated body must operate within the scope of that authority.

2. Legislative Framework:

o The Central Government's delegation to the State Government must be examined to determine
whether it expressly permits further delegation to local authorities like city and municipal corporations.

o If the original legislation allows the State Government to delegate its powers to local bodies, then such
a delegation could be considered valid. However, if the legislation restricts delegation to the State
Government only, any further delegation would be ultra vires (beyond the powers).

Recommended Course of Action

• The group of citizens should challenge the delegation in a writ petition, asserting that the State
Government exceeded its powers in delegating authority to city corporations without proper legislative
backing.
• They should seek a declaration that the self-assessment scheme is invalid if it was implemented
without the requisite authority.

In conclusion, if the delegation was not explicitly authorized or exceeds the scope of the authority
granted to the State Government, the citizens have a valid basis to challenge the delegation and the self-
assessment scheme implemented by the city corporation.

9. The Central Government delegated power to the department of Atomic energy to decide all issues
in connection with setting up of a nuclear plant. When this delegation was challenged, the Central
Govt. contended that as it was a highly technical issue, delegation was justified. Decide

1. Authority of Delegation:

o Delegation of powers is a common practice in administrative law, allowing specialized departments to

make decisions in areas that require specific expertise. However, the parent Act must provide clear
authority for such delegation.

o In this case, the legislation governing nuclear energy and atomic energy (such as the Atomic Energy
Act, 1962) likely grants the Central Government the authority to delegate certain powers to the DAE,
provided it is within the scope of the law.

2. Nature of the Subject Matter:

o Nuclear energy and the establishment of nuclear plants are indeed highly technical issues that require
specialized knowledge and expertise. Courts generally recognize that when a matter involves technical
expertise, it is reasonable for the legislature to delegate decision-making authority to specialized bodies.

o This is supported by the principle that administrative bodies with specific technical expertise are better
equipped to make informed decisions on specialized matters than the broader legislative or executive
branches.

Recommended Course of Action: If a challenge against the delegation is raised, the court will likely
assess:

• The statutory basis for the delegation.

• The necessity and appropriateness of the delegation in the context of the technical nature of the
subject.

• Whether the decision-making process of the DAE includes adequate mechanisms for accountability,
transparency, and public involvement.

In conclusion, if the delegation aligns with the statutory provisions and effectively addresses the
technical complexities involved in nuclear plant establishment, it is likely to be deemed valid. However,
if there are deficiencies in compliance with legal standards or public accountability, the challenge could
be successful.
10. The municipal corporation of a district passed an order for crossing of all business establishments
by 7 PM everyday within its limits. A challenged the order. Decide

1. Powers of Municipal Corporations:

o Municipal Corporations in India are established under the relevant state legislation, such as the
Maharashtra Municipal Corporations Act, the Delhi Municipal Corporation Act, etc. These laws empower
the Corporations to regulate various aspects of urban life, including public health, safety, and welfare.

o The specific powers to regulate the hours of operation for business establishments may be found in
the municipal laws or relevant regulations aimed at maintaining order, safety, and public convenience.

2. Purpose of the Order: The Municipal Corporation's order should ideally be justified by a legitimate
public purpose, such as:

 Ensuring public order and safety.

 Reducing noise and disturbances at night.

 Maintaining health standards.

If the order is aimed at addressing a specific concern (e.g., rising crime rates, noise pollution), this
strengthens the Corporation's position.

3. Reasonableness of the Order:

o Any order issued by a public authority must be reasonable, proportionate, and not arbitrary. The court
will evaluate whether closing all business establishments by 7 PM is a proportionate measure to achieve
the stated public purpose.

o Factors to consider include:

 The economic impact on businesses and employees.

 The nature of businesses affected (e.g., restaurants, shops, entertainment venues).

 Possible alternatives that could achieve similar objectives without imposing blanket restrictions.

Recommendations: If A challenges the order in court, the court will consider:

• The legal basis of the Municipal Corporation's authority to regulate business hours.

• Evidence of the public interest justifying the order.

• The reasonableness and proportionality of the 7 PM closing time, particularly in light of local
conditions and the types of businesses affected.
If the court finds that the order lacks a proper legal foundation or is unreasonable, it may strike down
the order, thereby allowing businesses to operate beyond 7 PM. Conversely, if the Corporation justifies
the order effectively, the court may uphold it.

11. The rules framed under the parent Act were required to be published in the official Gazette as well
as in Kannada newspaper having wide circulation. The rules were issued in official Gazette but were
not published as per the parent Act. Decide the validity of the rules.

1. Requirement of Publication: The parent Act clearly stipulates that rules must be published both in the
official Gazette and in a Kannada newspaper having wide circulation. This dual publication requirement
is typically included to ensure transparency and accessibility of the rules to the public, particularly for
those who may not have access to the official Gazette.

2. Purpose of Publication: The intent behind requiring publication in a newspaper is to inform the
general public and affected parties about the new rules. This ensures that individuals and entities who
are subject to these rules have proper notice and can comply accordingly.

3. Nature of the Requirement:

o If the parent Act specifies publication in both mediums as a condition for the validity of the rules, this
requirement is generally seen as mandatory. Non-compliance could render the rules ineffective or
invalid.

o The use of the term "shall" in the provision would typically indicate a mandatory requirement, while
"may" would indicate a discretionary one.

Recommendations: To remedy the situation, the relevant authority should consider:

• Re-publishing the rules in both the official Gazette and the specified Kannada newspaper.

• Ensuring compliance with all procedural requirements outlined in the parent Act for future rule-
making to avoid similar invalidation issues.

This approach would help restore the validity of the rules and ensure that the public is properly
informed about any regulatory requirements.

12. State the facts and findings in Jatindranath Gupta Vs Province of Bihar

Facts of the Case:

1. Background: The case arose in the context of the Bihar Government’s efforts to control the supply of
essential commodities, specifically rice, under the Bihar Rice Control Order, 1947.

2. Prosecution: Jatindranath Gupta, a rice dealer, was prosecuted for violating the provisions of the
Bihar Rice Control Order. The government had imposed restrictions on the sale and distribution of rice
to manage scarcity and prevent hoarding.
3. Charges: Gupta was charged with selling rice at a price higher than the government-mandated price
and for not adhering to the stipulations of the Rice Control Order. The prosecution relied on certain
documents to establish that Gupta had contravened the order.

4. Decision: The court ultimately found that the prosecution failed to prove its case against Gupta
beyond a reasonable doubt. It determined that the evidence presented was insufficient to substantiate
the claims of price violations and that procedural lapses occurred in the prosecution's approach.

5. Outcome: The court acquitted Jatindranath Gupta, ruling that the prosecution had not met the
burden of proof required for the charges. The case underscored the importance of following due
process and the necessity of strong evidence in administrative prosecutions.

Significance: The Jatindranath Gupta case is significant for its emphasis on the principles of natural
justice in administrative law, particularly concerning the necessity of fair procedures and substantive
evidence in prosecuting violations of government regulations. It serves as a reference point in cases
involving administrative orders and the legal rights of individuals in such contexts.

13. The Gujarat Municipal Corporation Act empowered the Municipality to impose tax on land,
buildings. ln the exercise of the powers the authorities imposed tax on machinery installed in the
building premises. Aggrieved by the levy of tax, the owner of an establishment challenged the action.
Decide its validity

1. Authority Under the Act: The Gujarat Municipal Corporation Act specifically empowers the
municipality to impose taxes on land and buildings. This authority is generally understood to encompass
properties and structures but does not explicitly mention machinery.

2. Definition of Property: It is essential to examine how "property" is defined under the Act. Typically,
property taxes apply to immovable property (land and buildings), while machinery is often considered
movable property unless permanently affixed to the building.

3. Nature of Machinery: If the machinery is not permanently affixed to the building (i.e., it can be
removed without damaging the building), it is likely considered movable property. In such cases, the
municipality may not have the jurisdiction to tax movable assets under the provisions related to land
and building taxes.

Findings and Conclusion:

1. Invalidity of the Tax: The imposition of tax on machinery installed in building premises appears to be
invalid, as it likely exceeds the powers conferred by the Gujarat Municipal Corporation Act. If the Act
specifically authorizes taxes on land and buildings but does not extend this to machinery, the levy would
be outside the municipal authority.

2. Challenge and Relief: The owner of the establishment can successfully challenge the levy of the tax in
court, arguing that it is ultra vires (beyond the powers) of the municipality under the Gujarat Municipal
Corporation Act.
3. Potential Remedies: The owner can seek a declaration that the tax imposed is illegal and request the
court to quash the tax order. Additionally, if any payments were made under protest, the owner could
also seek a refund of those amounts.

Recommendations: In light of these findings, the municipality should review the legislative framework
and consider revising the Act if it intends to include machinery within its tax jurisdiction. Clear provisions
can help avoid confusion and disputes in the future.

14. A state law empowered the deputy commissioners of the districts to make rules for the sanitation
at fairs. One of the rules required a permit from the District magistrate. ln issuing the permit the
District magistrate was given discretionary powers to issue or refuse permits. Affected by the action of
refusal, Mr. vijay challenged the order of the deputy commissioner. Decide

1. State Law Provisions: The state law empowers the Deputy Commissioners to make rules regarding
sanitation at fairs. This delegation implies that the Deputy Commissioner has authority over public
health and safety at such events.

2. Rule on Permits: The rule requiring a permit from the District Magistrate indicates an additional layer
of oversight. The law provides discretionary powers to the District Magistrate in deciding whether to
issue or refuse a permit.

Grounds for Challenge by Mr. Vijay

1. Discretionary Powers: While discretionary powers are necessary for administrative authorities to
make decisions based on specific circumstances, these powers must be exercised reasonably, fairly, and
in accordance with the principles of natural justice. If the refusal was arbitrary or capricious, it could be
challenged in court.

2. Lack of Reasons for Refusal: If the District Magistrate did not provide reasons for the refusal or if the
reasons provided were not based on factual grounds, Mr. Vijay could argue that the order is void for
vagueness and lack of accountability.

Possible Outcomes

1. Quashing of Refusal: If the court finds that the refusal was arbitrary, capricious, or lacked sufficient
justification, it may quash the District Magistrate's decision, ordering him to reconsider the application
for the permit while adhering to the principles of natural justice.

2. Remand for Reconsideration: The court may also remand the matter back to the District Magistrate,
directing him to issue a permit if no valid reasons for refusal exist or to provide adequate reasons for the
refusal.

3. Direction for Compliance with Procedural Fairness: The court may issue directions to ensure that the
District Magistrate follows procedural fairness in exercising discretion in future permit applications.
Conclusion: In light of the above analysis, Mr. Vijay has a strong ground to challenge the refusal of the
permit. The decision made by the Deputy Commissioner and the District Magistrate must be
substantiated with valid reasons and should comply with the principles of natural justice. Therefore, Mr.
Vijay should seek a judicial review of the decision, arguing that it was made arbitrarily and without due
consideration of his rights. The court's intervention may lead to a more transparent and accountable
exercise of discretion in future permit issuances.

15. Petitioners were license holders for trade in liquor. The Government in the exercise of its powers
conferred by the statute instructed various municipal bodies in the State to impose the tax at the rate
of Rs. 5 per bottle. But the local bodies failed to take any action. The Government itself issued a
notification imposing the tax. The statute provided that the tax so collected is to 'be utilized for the
purposes of the Act. The imposition of the tax was challenged on the grounds of excessive delegation.
Decide.

1. Statutory Authority: The initial statute conferred powers on the local municipal bodies to impose
taxes on liquor at a specified rate. The intention behind this delegation is typically to allow local
governance to exercise discretion in relation to local needs and conditions.

2. Government Notification: When the local bodies failed to act, the state government issued a
notification imposing the tax itself. The statutory provision stipulates that any tax collected is to be
utilized for the purposes outlined in the Act.

Grounds for Challenge

1. Excessive Delegation: The principle of excessive delegation refers to the concern that legislative
powers cannot be delegated to the executive without clear and specific guidelines. In this case, the
argument against excessive delegation can be made as follows:

 The local bodies were specifically empowered to impose taxes, and the state government intervened
without a clear statutory mandate to do so when the local bodies did not act.

 By bypassing the local bodies, the government might be seen as exceeding its authority, which can
lead to legal challenges based on the argument that the statute does not allow for direct imposition of
tax by the government in this manner.

2. Principle of Local Autonomy:

o Local bodies are typically entrusted with the authority to address local issues, including taxation. By
imposing the tax directly, the state government could be infringing upon the principle of local autonomy
and governance.

o The lack of consultation or engagement with the municipal bodies can be cited as a violation of the
expected administrative process, undermining the local governance structure.
3. Utilization of Tax: The challenge may also focus on the purpose of the tax collection as outlined in the
statute. If the government imposes the tax without adherence to the intended use prescribed by the
statute, it could be argued that the imposition is not valid.

Possible Outcomes

1. Striking Down the Tax Imposition: If the court finds that the government overstepped its authority by
imposing the tax directly, it may strike down the notification as invalid. This would restore the original
authority of the municipal bodies to impose the tax.

2. Remand for Proper Procedure: The court may remand the matter back to the government, directing
that the local bodies be given a reasonable opportunity to fulfill their responsibilities regarding the tax.

3. Clarification of Authority: The court may provide clarity on the extent of the state government's
powers to intervene in local governance matters, emphasizing the importance of local autonomy in such
decisions.

Conclusion: The challenge to the government's imposition of the liquor tax on the grounds of excessive
delegation holds significant merit. The action taken by the government could be seen as undermining
the authority of local bodies and violating the principle of local governance. Therefore, petitioners have
strong grounds to challenge the validity of the tax imposition, and it is likely that the court would
consider their arguments favorably. The outcome may hinge on judicial interpretations of the balance
between state authority and local autonomy as established by legislative intent.

Unit 3 - 10 marks

1. Discuss the concept and essentials of "Fair Hearing" with the help of decided cases. Refer to stages
of fair hearing (3)

The concept of fair hearing is a fundamental principle of natural justice and is crucial in administrative
law. It ensures that any party whose rights or interests are likely to be affected by a judicial, quasi-
judicial, or administrative action is given a fair opportunity to present their case. The maxim "audi
alteram partem" (hear the other side) encapsulates this principle, meaning no person should be
condemned or deprived of their rights without having a fair chance to be heard.

Fair hearing is essential to protect individual rights and to prevent arbitrary decisions by authorities. The
principle is universally recognized and is enshrined in Article 21 of the Indian Constitution, which
guarantees the right to life and personal liberty, interpreted to include procedural fairness.

Essentials of Fair Hearing

1. Notice: The first essential element of fair hearing is that the party affected must be given adequate
notice of the hearing or action against them. The notice must be clear, unambiguous, and provide
sufficient time for the party to prepare their defense.
• Nature of Notice: It should specify the time, place, and nature of the hearing or inquiry. It should also
state the charges or issues involved so that the individual is fully informed.

• Sufficient Time: Adequate time must be provided between the delivery of the notice and the hearing
to allow the person to prepare.

• Right to Know the Case: The person must know the charges or allegations to defend themselves
adequately.

Keshav Mills Co. Ltd. v. Union of India (1973) In this case, the Supreme Court held that notice should be
sufficient to allow the person adequate time to prepare their defense. The failure to issue notice was
considered a violation of natural justice, and the order was quashed.

2. Opportunity to Be Heard: The second essential is providing the person an opportunity to be heard.
This is the heart of the audi alteram partem principle. The individual must have a chance to present their
arguments, evidence, and witnesses, either orally or in writing.

• Oral or Written Hearing: The person should be given a chance to respond either orally in person or in
writing, depending on the nature of the proceedings.

• Right to Legal Representation: In some cases, particularly complex or serious cases, the right to legal
representation may be considered part of a fair hearing.

Maneka Gandhi v. Union of India (1978) This landmark case expanded the scope of Article 21 of the
Constitution to include procedural fairness. The Supreme Court held that when a person’s passport is
impounded, the person has the right to be heard before such a decision is made, even though the law
did not provide for it explicitly.

3. Right to Present Evidence and Rebuttal: In a fair hearing, the affected party must be given the
opportunity to present evidence and witnesses in their defense. Additionally, the person should be
allowed to cross-examine the witnesses of the opposing side, and provide rebuttal evidence to refute
the allegations against them.

• Right to Cross-Examine: This ensures that the person can challenge the evidence or witnesses
produced by the opposing side, allowing a full defense.

• Right to Rebut Evidence: The person should be allowed to provide counter-evidence to rebut any
allegations.

4. Impartial Tribunal: A fundamental requirement of a fair hearing is that the authority conducting the
hearing or making the decision must be impartial and free from bias. This requirement is captured by
the maxim "nemo judex in causa sua" (no one should be a judge in their own cause). An impartial
adjudicator ensures that the outcome is fair and just.

• Actual Bias: Where the decision-maker has a direct interest in the outcome of the case, it is considered
actual bias.
• Apparent Bias: Even if there is no actual bias, if there is a reasonable apprehension of bias, it can
invalidate the proceedings.

5. Reasoned Decision: A fair hearing also necessitates that the decision-maker provides a reasoned
decision. This means that the final decision must be based on the evidence and arguments presented
during the hearing, and the reasons for the decision must be stated clearly.

• Decision Based on Evidence: The decision should be based solely on the material and evidence
presented during the hearing.

• Reasons for Decision: The decision-maker must provide reasons for the decision so that the parties can
understand why a particular decision was reached.

Stages of Fair Hearing

1. Issuance of Notice: The first stage involves notifying the affected person or party about the proposed
action or hearing. This notice must contain all relevant information, including charges, allegations, or
actions that are proposed to be taken.

2. Filing of Response: The affected person is given a reasonable opportunity to file a response to the
notice. This may involve submitting written statements, evidence, or arguments in defense.

3. Hearing Stage: At this stage, the person may present oral arguments, evidence, and witnesses to
support their case. If the matter involves witnesses from the other side, cross-examination may be
allowed. In many cases, the right to legal representation may be provided.

4. Decision Stage: Once all evidence and arguments have been heard, the authority makes a decision
based on the material presented. It is important that the decision is reasoned and that the affected
person understands the basis for the decision.

5. Appeal or Review: After the decision is made, the affected person may have the right to appeal or
seek a review of the decision, ensuring further safeguards against injustice.

2. Explain with the help of decided cases the various kinds of bias and its impact on fair decision (3) or
Explain the rule against bias referring to leading judicial decisions. (3)

The principle of natural justice requires that decisions, especially those made by administrative or quasi-
judicial bodies, must be made fairly and impartially. Bias occurs when the decision-maker has an
interest, predisposition, or inclination towards one side, leading to a lack of impartiality. The doctrine of
bias is encapsulated in the maxim “nemo judex in causa sua”, meaning no one should be a judge in their
own cause. Bias can render a decision invalid, as it violates the principles of fairness and justice.

The courts have identified several types of bias, which can influence the outcome of a decision-making
process. If bias is proven, the decision is generally declared void and can be set aside on judicial review.

Types of Bias
1. Pecuniary Bias: Pecuniary bias arises when the decision-maker has a financial interest in the outcome
of the decision. This is considered the most serious form of bias, and courts have adopted a strict
approach, generally invalidating decisions where any financial interest exists. The rule regarding
pecuniary bias is strict—any financial interest, no matter how small, is sufficient to disqualify the
decision-maker from participating in the matter.

Dimes v. Grand Junction Canal (1852): In this landmark English case, Lord Chancellor Cottenham had a
minor financial interest in the Grand Junction Canal Company but still sat in judgment on a case
involving the company. The House of Lords held that Lord Cottenham's decision was void due to
pecuniary bias, even though the financial interest was insignificant. The court emphasized that justice
should not only be done but should also appear to be done.

2. Personal Bias: Personal bias arises when the decision-maker has a personal relationship with one of
the parties, such as friendship, enmity, or kinship. This kind of bias occurs when the decision-maker has
a personal interest, either favorable or unfavorable, toward one of the parties involved, which can affect
their impartiality.

3. Judicial Bias (Subject-Matter Bias): Judicial bias, also known as subject-matter bias, arises when the
decision-maker has a strong preconceived notion or interest in the subject matter of the case. It occurs
when the adjudicator is so committed to a particular outcome or view that they cannot remain impartial
in deciding the case. This may be due to the decision-maker’s involvement in a similar matter or their
strong personal or ideological stance on the issue.

Mineral Development Ltd. v. State of Bihar (1960): In this case, the minister responsible for deciding on
a mining lease had earlier expressed his views against granting the lease. The Supreme Court held that
the minister’s strong predisposition toward the matter amounted to subject-matter bias. The decision
was invalidated on the grounds that bias undermines the fairness of the decision-making process.

4. Departmental Bias: Departmental bias occurs when an administrative or judicial body acts in favor of
its own department or administrative interests rather than impartially adjudicating between the parties.
This kind of bias is more common in administrative decision-making processes, where the decision-
maker may have an institutional bias in favor of the government or the organization they represent.

State of U.P. v. Mohd. Nooh (1958): In this case, a departmental proceeding was conducted against an
employee, and the inquiry officer, who was part of the same department, had a vested interest in the
outcome. The Supreme Court held that departmental bias was evident because the inquiry was not
conducted fairly. The court set aside the decision, stating that fairness demands impartiality, especially
when the decision impacts someone’s rights or livelihood.

5. Preconceived Notion Bias: Preconceived notion bias arises when the decision-maker has a
predetermined view or opinion about the case before hearing the parties. In such cases, even if the
decision-maker hears the parties, their prior belief or conclusion affects their impartiality.
6. Bias as to Policy or Official Bias: Policy bias arises when the decision-maker is influenced by a broader
governmental or organizational policy that prejudices one party. This kind of bias can occur when the
decision-maker is bound by a governmental policy that affects the impartiality of their judgment,
especially in regulatory or administrative matters.

Impact of Bias on Fair Decision

• Invalidation of Decisions: If bias is proven, courts typically set aside or quash the decision in question.
A biased decision is considered void and without legal force.

• Re-trial or Re-hearing: In cases where bias is evident, courts may order a re-hearing or re-trial before
an impartial authority to ensure that the affected party receives a fair chance.

• Protection of Fundamental Rights: Bias, when it infringes upon fundamental rights guaranteed under
the Constitution, such as the right to equality (Article 14), can lead to constitutional challenges. Courts
play a critical role in protecting these rights by ensuring decisions are free from bias.

3. what is administrative adjudication ? Explain the problems in administrative adjudication (2)

Administrative adjudication refers to the process by which administrative agencies resolve disputes or
make decisions regarding the rights, duties, or liabilities of individuals or organizations under the law. It
is a mechanism of resolving issues outside the traditional judicial court system, typically through
specialized tribunals, boards, or administrative authorities that possess expertise in particular areas of
law, such as labor, taxation, or environmental law.

Administrative adjudication is a feature of administrative law and plays a significant role in governance.
As government functions have expanded over time, specialized bodies have been established to
regulate and adjudicate issues in various sectors like trade, taxation, labor, and social welfare. These
bodies operate outside the regular court system but are empowered to resolve disputes and enforce
regulations efficiently and with technical expertise.

Problems in Administrative Adjudication

1. Lack of Independence and Impartiality: One of the major criticisms of administrative adjudication is
the potential lack of independence and impartiality. Administrative tribunals and agencies are often part
of the executive branch of the government, and their adjudicators may be government employees. This
raises concerns about bias, as decision-makers may be more inclined to favor the interests of the
government or the agency rather than making truly impartial decisions.

2. Lack of Procedural Safeguards: Administrative adjudication does not always follow the strict rules of
procedure and evidence that apply in judicial courts. While this flexibility can be an advantage in terms
of efficiency, it also means that there may be fewer safeguards to ensure that the rights of individuals
are fully protected. The absence of standardized procedures may lead to arbitrary decision-making, as
there is less accountability for following fair procedures.
3. Overlapping Jurisdiction: There is often confusion about the jurisdiction of various administrative
tribunals. Overlapping jurisdictions can lead to forum shopping, where litigants deliberately choose
tribunals that they believe will be more favorable to them. It can also result in conflicting decisions on
similar issues, causing inconsistency in the application of laws.

4. Lack of Uniformity: Since administrative adjudication bodies are not bound by the same procedural
rules as regular courts, there can be a lack of uniformity in decision-making. Different administrative
bodies may apply rules or interpret laws in varying ways, leading to inconsistencies in how cases are
decided.

5. Limited Appeal Mechanism: Another significant problem is the limited scope for appeal against
decisions made by administrative adjudicators. In many cases, appeals can only be made on limited
grounds, such as questions of law or procedural irregularities, and not on questions of fact or the merits
of the decision.

6. Complexity and Confusion: The proliferation of administrative agencies and tribunals has led to a
complex and fragmented system of dispute resolution. With multiple bodies handling similar issues, the
system can be confusing for individuals and businesses. This complexity often results in delays,
inefficiency, and increased legal costs.

7. Lack of Public Awareness: Many people are unaware of the existence of administrative tribunals and
the adjudication process. As a result, they may not know how to access these tribunals or understand
their rights and the procedures involved. This lack of awareness can result in underutilization of
administrative adjudication as a means of resolving disputes.

4. Discuss the various exceptions to the principles of natural justice. Refer to decided case (2) (10
marks) OR Exceptions to principles of natural justice. (6 marks)

The principles of natural justice are fundamental legal doctrines that ensure fairness and equity in
administrative and judicial processes. They primarily encompass two key rules: the right to a fair hearing
(audi alteram partem) and the prohibition of bias (nemo judex in causa sua). However, there are certain
exceptions where these principles may not apply or are modified based on specific circumstances. This
discussion explores various exceptions to the principles of natural justice, supported by relevant judicial
precedents.

1. Emergency Situations: In urgent or emergency situations, strict adherence to the principles of natural
justice may be relaxed. When immediate action is required to prevent harm or ensure public safety,
authorities may bypass the usual procedures to act swiftly.

K.K. Verma v. Union of India (1954): In this case, the government had to take immediate action during a
public emergency to prevent the spread of misinformation. The Supreme Court held that in
emergencies, certain procedural safeguards might be overlooked to safeguard public interest. However,
the court emphasized that such actions should be clearly justified and proportionate to the emergency.
2. Legislative or Statutory Provisions: Sometimes, specific statutes may provide exceptions to the
general rules of natural justice. If the law explicitly states that natural justice principles do not apply in
certain circumstances, those provisions take precedence.

3. Disciplinary Proceedings: In cases involving disciplinary actions against employees, especially in

government or public sector jobs, certain modifications to the principles of natural justice may be
permissible. The degree of adherence to natural justice may vary based on the nature of the misconduct
and the rules governing the disciplinary process.

4. Statutory Exceptions for Administrative Discretion: Certain statutes may confer broad discretionary
powers upon administrative authorities, allowing them to make decisions without strictly adhering to
natural justice principles. This is particularly relevant in regulatory or quasi-judicial contexts where
flexibility is necessary for effective governance.

M. C. Mehta v. Union of India (1987): In this case concerning environmental regulations, the Supreme
Court recognized that while natural justice principles are essential, certain regulatory authorities must
have the flexibility to make decisions based on broader policy considerations. The court upheld the
authority's decision to impose restrictions on industrial activities without following the complete natural
justice framework, citing the need for regulatory efficiency.

5. Public Interest or National Security: When matters of public interest or national security are involved,
the application of natural justice may be limited. Authorities may prioritize the larger public good over
individual rights to ensure timely and effective action.

6. Self-Incrimination: In situations where compliance with the principles of natural justice would lead to
self-incrimination, authorities may decide not to enforce the hearing requirement. Individuals cannot be
compelled to provide evidence or testimony that may incriminate themselves.

7. Contractual Relationships: In certain contractual situations, the principles of natural justice may not
be strictly enforced, especially when parties have agreed to specific terms regarding dispute resolution.
If the contract outlines an alternative dispute resolution mechanism that does not fully incorporate
natural justice principles, those provisions may prevail.

K.K. Verma v. Union of India (1954): This case involved contractual disputes where the terms of the
agreement stipulated a particular procedure for resolving conflicts. The court ruled that the parties had
voluntarily entered into the contract and, therefore, could not claim natural justice violations if the
agreed-upon procedure was followed, even if it was less comprehensive than standard natural justice
protocols.

8. Judicial Review Limitations: In certain instances, courts may exercise restraint and decline to
intervene in administrative decisions, particularly when the decision involves technical matters best left
to specialized agencies. In such cases, courts may accept that the principles of natural justice do not
need to be strictly followed.

5. Define 'quasi-judicial' function. On what grounds are functions classified as 'quasi-judicial' ?

A quasi-judicial function refers to the actions and decisions made by administrative agencies, tribunals,
or bodies that resemble judicial proceedings but are not part of the traditional court system. These
functions are characterized by their nature of resolving disputes, making determinations, and enforcing
rules in a manner similar to that of a court of law, albeit without the full procedural safeguards and
formalities associated with judicial processes.

Quasi-judicial functions are integral to the functioning of administrative law and governance, allowing
specialized bodies to address matters that require expertise, efficiency, and flexibility. Examples of
quasi-judicial bodies include labor tribunals, administrative tribunals, regulatory agencies, and
disciplinary boards.

Grounds for Classification as Quasi-Judicial Functions

1. Nature of the Function: The primary criterion for classifying a function as quasi-judicial is its nature. If
the function involves making determinations about rights, obligations, or liabilities and requires the
application of legal principles, it is likely to be deemed quasi-judicial. The nature of the function
encompasses the decision-making processes and outcomes that resemble those of a judicial proceeding.

2. Decision-Making Process: The decision-making process followed by the body in question plays a
crucial role in its classification. If the process includes elements such as the hearing of arguments,
examination of evidence, and consideration of legal rules, it indicates a quasi-judicial function. The
ability to conduct inquiries and make determinations based on the merits of the case is a hallmark of
quasi-judicial proceedings.

3. Imparting Fairness: Quasi-judicial functions typically strive to uphold principles of fairness, even if not
to the same degree as formal courts. This includes providing the parties an opportunity to be heard,
considering their submissions, and ensuring decisions are made without bias. The adherence to these
principles is an essential characteristic that distinguishes quasi-judicial functions from purely
administrative actions.

4. Authority to Make Binding Decisions: Quasi-judicial bodies have the authority to issue orders or
judgments that are binding on the parties involved. This characteristic distinguishes them from advisory
bodies or those merely conducting investigations. The capacity to enforce decisions adds a judicial
dimension to their functions.

5. Statutory Backing: Many quasi-judicial functions are established by statutes, which define their
powers, responsibilities, and procedures. This legal backing reinforces their authority and provides a
framework for their operation. The presence of enabling legislation lends credibility and legitimacy to
their quasi-judicial role.

unit 3 - 6 marks

1. Rule against dictation.

The "Rule Against Dictation" is a legal principle that ensures the independence and impartiality of
decision-making in administrative and judicial processes. It emphasizes that decision-makers must not
be subjected to external influences or directives that could compromise their ability to make fair and
unbiased decisions. This rule is crucial for maintaining the integrity of legal and administrative processes,
protecting individual rights, and upholding the rule of law.

Context and Importance

1. Judicial Independence: In the judicial context, the rule against dictation reinforces the independence
of judges and courts. It ensures that judges make decisions based solely on the facts of the case and
applicable law, rather than being swayed by external pressures, political influence, or directives from
higher authorities. This independence is fundamental to the proper functioning of the judiciary and is
vital for maintaining public confidence in the legal system.

2. Administrative Decision-Making: The principle also extends to administrative authorities, ensuring

that decisions affecting individuals or groups are made without undue influence. Public officials must
exercise their discretion based on relevant considerations, free from coercion or instructions from
superiors or outside entities. This promotes accountability and fairness in the exercise of administrative
powers.

3. Protection of Rights: The rule against dictation protects the rights of individuals and groups by
ensuring that their cases are considered on their merits. It guards against arbitrary decision-making that
could arise from external influences, thereby promoting justice and fairness.

Application and Implications

• Judicial Precedents: Various judicial decisions have reinforced the rule against dictation. For instance,
in cases where executive authorities attempted to dictate terms to the judiciary or influence judicial
outcomes, courts have emphasized the need for judicial independence. Such cases underscore the
judiciary's role as a check on governmental power.

• Administrative Procedures: In administrative law, the rule against dictation mandates that
administrative bodies operate within their legal framework, making decisions based on law and
evidence rather than directives from external sources. This enhances transparency and accountability in
public administration.

• Consequences of Violation: When the rule against dictation is violated, the integrity of the decision-
making process is compromised. Decisions made under external influence may be challenged in courts
or other oversight bodies, leading to potential annulment or review of such decisions.

2. Write a note on bias arising on obstinacy

Bias arising from obstinacy refers to a particular form of bias in decision-making, where an individual,
often a decision-maker or adjudicator, becomes entrenched in their views or opinions. This obstinate
mindset can lead to a lack of openness to new evidence, perspectives, or arguments, ultimately
compromising the fairness and integrity of the decision-making process. Recognizing and addressing this
bias is critical to ensure just outcomes in both judicial and administrative settings.

1. Definition of Obstinacy: Obstinacy is characterized by an unwillingness to change one's mind or

consider alternative viewpoints. In a legal or administrative context, this can manifest when a judge,
administrative officer, or authority refuses to entertain evidence that contradicts their preconceived
notions or prior decisions.

2. Causes: Various factors can contribute to obstinacy, including personal beliefs, prior experiences,
institutional pressures, or a lack of understanding of the issues at hand. Such rigidity can prevent
decision-makers from engaging with relevant facts and arguments, leading to skewed judgments.

Implications of Obstinacy Bias

1. Impact on Fairness: When a decision-maker exhibits obstinacy, it compromises the fairness of the
process. Individuals affected by the decisions may feel marginalized or ignored, leading to a lack of
confidence in the system. This can discourage public participation and diminish trust in legal and
administrative institutions.

2. Legal Consequences: Decisions influenced by obstinacy may be vulnerable to judicial review or appeal.
Courts can set aside decisions where bias is evident, particularly if it can be shown that the decision-
maker ignored critical evidence or engaged in a predetermined stance. Such outcomes can lead to
further delays and increased litigation costs.

3. Consequences for Decision-Makers: For those in positions of authority, being perceived as obstinate
can damage reputations and undermine their credibility. It can lead to challenges in leadership and
hinder effective governance, as stakeholders may lose faith in their ability to make impartial and
informed decisions.

Mitigating Obstinacy Bias

1. Training and Awareness: Decision-makers should undergo training to recognize and mitigate biases,
including obstinacy. Encouraging a culture of open-mindedness and critical thinking can help reduce the
incidence of this bias.

2. Structured Decision-Making Processes: Implementing clear guidelines for decision-making, including

the need to consider all relevant evidence and perspectives, can help counteract obstinacy. Peer reviews
and collaborative approaches can also facilitate a more balanced assessment of issues.

3. Pecuniary Bias

1. Definition: Pecuniary bias occurs when a judge, arbitrator, or any other authority stands to gain or
lose financially based on the decision made. This financial interest can take various forms, including
direct monetary benefits, stock ownership, business relationships, or other financial ties to the parties
involved in the dispute.
2. Legal Framework: In many legal systems, including India, the presence of pecuniary bias can disqualify
a decision-maker from participating in a case. Judicial principles emphasize that justice must not only be
done but must also be seen to be done. Thus, any potential financial interest can raise legitimate
concerns about the fairness of the proceedings.

Implications of Pecuniary Bias

1. Impact on Fairness: When decision-makers have a financial stake in the outcome, it undermines the
fundamental principle of impartiality. Affected parties may question the legitimacy of the decision-
making process, leading to a loss of confidence in the judicial or administrative system.

2. Legal Consequences: Decisions made under the influence of pecuniary bias can be challenged in
higher courts or administrative tribunals. Such challenges can result in the annulment of decisions,
retrials, or further investigations. This not only delays justice but also incurs additional costs for all
parties involved.

3. Professional Repercussions: For judges, arbitrators, or public officials, being found to have pecuniary
bias can result in disciplinary actions, including removal from office, censure, or other professional
consequences. Such findings can tarnish reputations and diminish public trust in their integrity.

Addressing Pecuniary Bias

1. Disclosure Requirements: Decision-makers are often required to disclose any financial interests that
may relate to a case. This transparency is crucial for identifying potential biases before they affect the
proceedings.

2. Recusal: When pecuniary bias is identified, the affected decision-maker should recuse themselves
from the case to maintain the integrity of the process. This ensures that decisions are made by impartial
authorities without conflicting interests.

3. Ethical Guidelines: Establishing and enforcing strict ethical standards for decision-makers can help
mitigate the risks associated with pecuniary bias. Training programs can educate officials about the
importance of impartiality and the consequences of failing to adhere to ethical norms.

4. Personal bias.

1. Definition: Personal bias occurs when a decision-maker allows their personal feelings, opinions, or
affiliations to influence their judgment about a case or issue. This bias can manifest in various ways, such
as favoring one party over another based on subjective criteria rather than objective facts or legal
principles.

2. Sources of Personal Bias: Personal bias can arise from various factors, including:

o Prejudices: Preconceived notions or stereotypes about individuals or groups.

o Relationships: Personal connections with parties involved in a case, such as friendships or rivalries.
o Experiences: Past experiences that shape an individual’s perspective and influence their decision-
making.

Implications of Personal Bias

1. Impact on Fairness: Personal bias compromises the fairness of the decision-making process. When
decision-makers allow their biases to interfere, it can lead to unjust outcomes that favor one party over
another, undermining the principle of equality before the law.

2. Legal Consequences: Decisions influenced by personal bias may be challenged in courts or other
review bodies. If a party can demonstrate that a decision-maker exhibited personal bias, the decision
may be overturned, leading to a retrial or reassessment of the case. This can result in increased costs
and delays in the pursuit of justice.

3. Erosion of Trust: The presence of personal bias can erode public confidence in the legal and
administrative systems. When individuals perceive that decisions are based on personal prejudices
rather than objective criteria, it can diminish trust in the integrity and impartiality of those systems.

Addressing Personal Bias

1. Self-Awareness and Reflection: Decision-makers must engage in self-reflection and recognize their
own potential biases. Acknowledging personal biases is the first step toward mitigating their impact.

2. Training and Education: Providing training on bias recognition and management can help decision-
makers understand how personal biases can affect their judgments. This education fosters a more
equitable approach to decision-making.

3. Recusal: In cases where personal bias is evident, the affected decision-maker should recuse
themselves from the proceedings to ensure that the decision is made by an impartial authority.

5. According to the provisions of the Act, the commercial Tax Officer made an opinion that petitioner
was not liable to pay the tax. Still the officer referred the matter to his superior. On his instructions,
the commercial tax officer imposed tax on the petitioner. The petitioner challenged the same. Decide

1. Doctrine of Delegated Legislation: The powers granted to tax officers must be exercised within the
confines of their authority. If a subordinate officer (Commercial Tax Officer) holds a particular opinion
based on the law or facts, they should be able to exercise their discretion without undue influence from
superiors.

2. Principles of Natural Justice: The process by which the tax was imposed must adhere to principles of
natural justice, which include the right to a fair hearing and the right to be informed of the case against
one. If the petitioner was not given an opportunity to present his case after the initial opinion of the
officer, the imposition of tax could be deemed unfair.

Analysis
1. Initial Opinion of the Officer: The fact that the officer originally opined that the petitioner was not
liable to pay tax indicates that there was a basis for the petitioner's claim. This initial assessment must
be given significant weight in any subsequent proceedings.

2. Influence of Superior: The mere fact that the Commercial Tax Officer referred the matter to a superior
and then acted on the instructions without reassessing the evidence or facts raises questions about the
integrity of the decision-making process. If the superior's instructions lacked a legal basis or sufficient
justification, it could be argued that the imposition of tax was arbitrary.

3. Opportunity to Respond: If the petitioner was not afforded an opportunity to respond to the change
in the officer's position or was not informed about the superior's directives, this would be a serious
breach of natural justice principles.

Conclusion: Given the circumstances, the petitioner has strong grounds to challenge the imposition of
tax. The imposition of tax by the Commercial Tax Officer, contrary to his initial opinion and executed
under the instructions of a superior without adequate justification or proper procedure, can be seen as
arbitrary and unlawful. The court would likely rule in favor of the petitioner, setting aside the tax order
on the grounds that it violated the principles of natural justice and was not made based on independent
judgment. The matter may be remanded back to the Commercial Tax Officer for reconsideration,
ensuring that the officer's discretion is exercised without external pressures, in accordance with the law
and principles of fairness.

6. A lecturer had been granted leave for doing M.Phil and in violation of leave condition, had joined
Ph.D. course. She was given notice and after considering her reply where is she admitted to joining
Ph.D. course, she was terminated from the service. She challenged the action as violation of Principle
of natural justice

1. Principle of Natural Justice: This principle includes two main rules:

o Audi Alteram Partem (Hear the other side): The lecturer should have been given a fair opportunity to
respond to the allegations against her.

o Nemo Judex in Causa Sua (No one should be a judge in their own cause): The decision-maker must not
have a personal interest in the outcome.

2. Just Cause for Termination: Termination of employment must be based on just cause. The employer
must demonstrate that the violation of leave conditions was significant enough to warrant termination,
considering any mitigating factors.

3. Procedural Fairness: Even if the lecturer was found to have violated the conditions of her leave, the
process leading to her termination must have adhered to fair procedures. This includes a thorough
investigation and an unbiased decision-making process.

Analysis
1. Violation of Leave Conditions: The lecturer's admission to a Ph.D. course while on leave for M.Phil is a
clear violation of the conditions set forth for her leave. However, this does not automatically justify
termination without following due process.

2. Notice and Response: The lecturer was given a notice regarding her violation and had the opportunity
to respond. The key issue is whether her response was adequately considered and whether the decision
to terminate her employment was justified based on her explanation.

3. Proportionality of the Punishment: The punishment of termination must be proportionate to the

violation. While the violation of leave conditions is serious, the employer must also consider the context
—such as the reasons for her decision to join the Ph.D. program and whether it impacted her
professional responsibilities.

4. Examination of the Decision-Making Process: The court would evaluate whether the authorities
involved in the termination process acted impartially and fairly. If there were any biases or lack of
proper investigation into her reasons for joining the Ph.D., it could be a strong basis for challenging the
termination.

Conclusion: The lecturer has valid grounds to challenge her termination on the basis of the violation of
the principles of natural justice. If it can be demonstrated that the decision to terminate her was made
without a fair and impartial process, the court is likely to rule in her favor. The court may set aside the
termination order and potentially direct the institution to reconsider the matter, providing the lecturer
another opportunity to explain her actions. Depending on the findings, it may result in a lesser penalty,
such as suspension or reprimand, instead of outright termination, especially if the court finds that the
punishment was disproportionate to the violation.

7. A writ of mandamus is dismissed by the high court without affording reasons. The petitioner
challenges the dismissed on the grounds that the principles of natural justice were violated. Which
principle is violated ? Discuss

Principle Violated: Duty to Give Reasons

1. Natural Justice: The principles of natural justice aim to ensure fair treatment in administrative and
judicial proceedings. This includes:

o Audi Alteram Partem: The right to be heard. This ensures that all parties have an opportunity to
present their case.

o Nemo Judex in Causa Sua: The right to an unbiased decision-maker.

2. Duty to Give Reasons: Courts and quasi-judicial bodies have a duty to provide reasons for their
decisions, particularly in cases where rights or interests are affected. The rationale is that giving reasons
serves multiple purposes:

 It ensures transparency in decision-making.

 It enables the parties involved to understand the basis of the decision, which is crucial for any
potential appeals or challenges.

 It reflects accountability in the judiciary.

Conclusion: The dismissal of the writ of mandamus by the High Court without affording reasons is a
violation of the duty to give reasons, a critical component of the principles of natural justice. The
petitioner has strong grounds to challenge the dismissal on this basis, arguing that the lack of reasoning
reflects a failure to adhere to fair administrative practices. If the High Court's dismissal is found to be in
violation of this principle, it may be set aside, and the court may direct the High Court to provide
adequate reasoning for its decision, thereby ensuring adherence to the principles of natural justice and
accountability in judicial proceedings.

8. Business premises of the appellant shankar were searched and in view of some suspicion 420
watches were confiscated. shankar challenged the action. Decide

1. Search and Seizure: The powers of search and seizure are typically governed by specific laws, which
can vary based on the jurisdiction (e.g., Customs Act, Income Tax Act, etc.). The authorities must follow
the procedures laid down in these laws to ensure that searches are conducted lawfully.

2. Reasonable Grounds for Search: The authorities must have reasonable grounds or justifiable suspicion
to conduct a search. This suspicion must be based on factual information and not mere conjecture or
assumption.

Analysis

1. Legality of the Search: Shankar can challenge the search on the grounds that it was conducted
without reasonable suspicion or without a valid warrant (if applicable). If the search was random or
arbitrary, it could be deemed unlawful.

2. Reason for Confiscation: The authorities must provide a valid reason for the confiscation of the
watches. If they were seized under the presumption that they were contraband or unlawfully obtained,
there should be sufficient evidence supporting this claim.

Conclusion: Shankar has valid grounds to challenge the confiscation of the 420 watches on several
fronts, primarily focusing on the legality of the search and seizure process, the lack of reasonable
suspicion, and the violation of his right to due process. If the court finds that the search was conducted
unlawfully or that the confiscation lacked sufficient justification, it may order the return of the
confiscated watches and rule that the action taken against Shankar was invalid. The case could highlight
the importance of adhering to legal standards in search and seizure operations and the protection of
individual rights in administrative actions.

9. A Co-operative Society applied for a license. 4 judges heard the application, of whom 3 were
members of the Co-operative Society. The society was granted the license applied for as it complied
with all the conditions. The grant was challenged. Decide
1. Bias and Conflict of Interest: The presence of judges who are members of the Co-operative Society
raises immediate concerns about bias. The principle of Nemo Judex in Causa Sua states that no one
should be a judge in their own cause. If the decision-makers have a personal interest in the outcome,
the integrity of the decision-making process is compromised.

2. Natural Justice: The principles of natural justice require that all parties involved in a decision have the
right to a fair hearing. This includes having decision-makers who are not influenced by personal interests
or affiliations that could affect their judgment.

Analysis of the Situation

1. Challenge on Grounds of Bias: The challenge to the grant of the license can be based on the argument
that the decision was tainted by bias due to the involvement of judges who were also members of the
Co-operative Society. This creates a reasonable apprehension that the judges could not act impartially.

2. Validity of the Grant: While the society may have complied with all the conditions for obtaining the
license, the legitimacy of the grant is called into question due to the bias of the decision-makers. The
legality of the grant cannot be assessed in isolation from the process by which it was obtained.

3. Court's Likely Decision: If the challenge is brought before a higher court, it is likely that the court
would find in favor of the challenger based on the conflict of interest and the violation of principles of
natural justice.

Conclusion: The grant of the license to the Co-operative Society is susceptible to being set aside due to
the involvement of judges who are also members of the society, leading to a violation of the principle of
natural justice and bias. A court reviewing this matter would likely rule that the decision-making process
was flawed, and the Co-operative Society's license should be annulled. The case underscores the
importance of impartiality and adherence to natural justice in administrative decision-making processes.

10. The Municipal Corporation has statutory powers to demolish any building without any notice if it
was constructed without its prior permission. Ramesh constructed house without permission. The
corporation demolishes the house of Ramesh. Advise him

1. Statutory Powers and Legal Provisions: The Municipal Corporation typically has the authority to
demolish unauthorized constructions under relevant laws, such as the Municipal Corporation Act.
However, such powers are usually exercised in accordance with specific procedures, including providing
notice to the property owner.

2. Right to Notice: Even if the Municipal Corporation has statutory powers to demolish buildings
constructed without permission, due process must generally be followed. This includes giving the owner
an opportunity to respond or rectify the situation before demolition occurs. In many jurisdictions, laws
require that a notice be issued to the property owner, allowing them a reasonable time to comply with
regulations or appeal the decision before any demolition takes place.
3. Challenging the Demolition: Ramesh can challenge the demolition on the grounds that he was not
provided with proper notice. He can file a writ petition in the High Court challenging the demolition
order, arguing that it violated the principles of natural justice and due process.

4. Seeking Compensation: Depending on the laws applicable in the jurisdiction, Ramesh may also seek
compensation for the loss of his property. If the demolition was carried out without following the proper
legal process, he might argue that it was arbitrary and unlawful.

5. Possible Defenses: Ramesh could explore potential defenses, such as:

o Estoppel: If the Corporation had previously allowed similar constructions without action, Ramesh
might argue that he was led to believe his construction would be accepted.

o Good Faith: If Ramesh can prove that he constructed the house in good faith, believing that he was
complying with regulations, it may strengthen his case.

6. Consulting a Legal Expert: Ramesh should consider consulting a lawyer specializing in municipal law or
property law to assess his options and help him navigate the legal process. A legal expert can assist in
preparing the necessary documents and represent him in any legal proceedings.

Conclusion: Ramesh has several avenues to challenge the Municipal Corporation's demolition of his
house. He should focus on the lack of notice and the violation of due process, which are critical
components of administrative law. By seeking legal recourse, Ramesh may have the opportunity to
contest the demolition, seek compensation, or even rectify the situation with the Municipal
Corporation, possibly obtaining the necessary permissions retroactively if possible.

Unit 4 - 10 marks

1. Define Administrative Discretion. State the necessity and grounds of judicial review over
administrative discretion (6) (10 and 6 marks)

Administrative discretion refers to the authority granted to administrative agencies, officials, or bodies
to make decisions within the framework of the law. This discretion allows them to interpret and apply
laws, rules, and regulations to specific situations, providing flexibility to respond to diverse
circumstances. Administrative discretion is essential for efficient governance, as it enables agencies to
adapt general laws to particular cases, ensuring that decisions are informed by the context and specific
facts involved.

Necessity of Administrative Discretion

1. Complexity of Governance: Modern governance encompasses a myriad of complex issues that cannot
be addressed through rigid rules alone. Administrative discretion allows officials to navigate these
complexities and make informed decisions based on expertise, context, and specific circumstances.
2. Expertise and Specialization: Administrative agencies often possess specialized knowledge and
expertise in specific fields. Granting them discretion enables the application of this expertise to complex
problems, resulting in more informed and effective decision-making.

3. Flexibility in Implementation: Laws and regulations may be too general to cover every potential
situation. Administrative discretion provides the necessary flexibility to adapt the application of laws to
unique circumstances, ensuring just outcomes.

4. Efficiency in Decision-Making: Rigid adherence to prescribed procedures may lead to delays and
inefficiencies in governance. Administrative discretion allows for quicker decision-making, which is
essential in time-sensitive situations.

5. Addressing Individual Needs: Administrative discretion enables agencies to consider individual

circumstances and needs, promoting fairness and justice. This personalized approach can lead to better
outcomes for individuals affected by administrative decisions.

Grounds for Judicial Review of Administrative Discretion

1. Illegality: Courts can review administrative actions to determine whether they are authorized by law.
If an agency exceeds its statutory powers or acts beyond its legal authority, its decisions may be deemed
illegal.

In A.K. Kraipak v. Union of India (1969), the Supreme Court of India held that administrative authorities
must operate within the framework of the law. The Court emphasized that any action taken beyond the
scope of statutory authority is subject to judicial review.

2. Irrationality: Also known as "Wednesbury unreasonableness," this ground allows courts to intervene
when administrative decisions are so unreasonable that no reasonable person could arrive at the same
conclusion. This form of review ensures that decisions are based on sound reasoning and logic.

In Council of Civil Service Unions v. Minister for the Civil Service (1985), the House of Lords highlighted
that irrational decisions made by administrative bodies can be set aside on the grounds of
unreasonableness, emphasizing that decisions must be based on rational and logical reasoning.

3. Procedural Impropriety: This ground involves the failure to follow proper procedures as mandated by
law. If an agency does not adhere to the procedural requirements, such as failing to provide a fair
hearing or not following established guidelines, its decisions may be subject to judicial review.

4. Bias: Judicial review can be invoked if it is demonstrated that the decision-maker acted with bias or
personal interest. The principle of natural justice mandates that decisions should be made impartially
and without prejudice.

5. Proportionality: This principle requires that the actions taken by administrative bodies should be
proportionate to the intended objective. If the measures taken are excessive or disproportionate to the
aims pursued, they may be subject to judicial review.
In Bhim Singh v. State of Jammu and Kashmir (1985), the Supreme Court held that any action that is
disproportionate to the legitimate aim pursued can be set aside. The court emphasized the need for a
balance between the objectives of the action and the rights of the affected individuals.

6. Reasonableness: The exercise of discretion must be reasonable and should not lead to arbitrary
outcomes. Courts will review whether the decisions made by administrative agencies are consistent with
reasonable expectations and standards.

2. what is a Government contract? Discuss the contractual liability of government with cases (4)

A government contract is a legally binding agreement between a government entity (such as the central
or state government, local authorities, or public sector undertakings) and a private individual or
organization. These contracts are formed for various purposes, including the procurement of goods and
services, construction projects, and public works. Government contracts are essential for the functioning
of public administration and the provision of services to citizens.

The nature of government contracts often differs from private contracts due to the public interest
involved, regulatory requirements, and the unique powers that governments possess. While they are
governed by general contract law principles, there are specific rules and regulations that apply to
government contracts, ensuring transparency, accountability, and adherence to legal standards.

Contractual Liability of Government

1. Sovereign Immunity: The doctrine of sovereign immunity protects the government from being sued
without its consent. However, in the context of contracts, this immunity is often waived, allowing parties
to seek remedies for breach of contract. The government can be held liable for its actions and omissions
in contract performance.

2. Statutory Provisions: Specific laws govern government contracts and outline the circumstances under
which the government can be held liable. For instance, the Indian Contract Act, 1872, and various
procurement laws regulate government contracts in India.

3. Judicial Interpretations: Courts play a crucial role in interpreting the contractual liabilities of the
government. Judicial decisions have shaped the understanding of how government contracts operate
and the extent of liability that the government holds in different situations.

- K.K. Verma v. Union of India (1954): In this case, K.K. Verma was dismissed from his post without being
provided an opportunity to defend himself. The Supreme Court held that the government is bound by
principles of natural justice in its contractual relationships. The court emphasized that even though the
government possesses certain privileges, it must adhere to fair processes and provide due process in its
decisions affecting individuals. This case illustrated that while the government has certain immunities, it
is still accountable for breaches of duty in its contractual obligations, particularly when those obligations
infringe upon individual rights.
- Ramana Dayaram Shetty v. International Airport Authority of India (1979): In this landmark case, the
Supreme Court dealt with the issue of whether the International Airport Authority of India (IAAI) could
deny a contract to Ramana Dayaram Shetty based on arbitrary grounds. The court ruled that
government authorities must act fairly, reasonably, and in accordance with the principles of natural
justice when awarding contracts. The judgment reinforced the notion that the government is not merely
a sovereign entity but also an entity bound by its contractual obligations. The court held that the
decision of the IAAI to deny the contract was arbitrary, emphasizing that the government cannot act in a
manner that contravenes the principles of fairness and transparency.

- Union of India v. B. C. Chaturvedi (1995): In this case, the Supreme Court examined the extent of the
government’s liability in terms of contractual obligations. The petitioner, a government contractor,
claimed compensation for losses incurred due to the government’s failure to fulfill its contractual
obligations. The Supreme Court held that the government is liable for damages if it fails to honor its
contractual commitments, stating that a contract is a legal obligation and that the government must
adhere to its terms. The court emphasized that the principles of contract law apply equally to the
government as they do to private entities.

3. Explain the conditions and grounds for the issue of Mandamus writ with the help of decided case
(2)(10 marks) OR Write a note on writ of mandamus (6 marks)

The writ of mandamus is a command issued by a superior court to a lower court, tribunal, or public
authority, directing them to perform a specific duty that they are obligated to carry out under the law. It
is a form of judicial remedy aimed at ensuring that public officials and bodies fulfill their legal
obligations, thereby promoting accountability and rule of law. The term "mandamus" is derived from the
Latin phrase meaning "we command."

Conditions for Issuing Writ of Mandamus

1. Existence of a Legal Right: The petitioner must demonstrate that they possess a legal right, which is
being infringed or neglected by the authority. The right may arise from statutes, regulations, or common
law.

2. Legal Duty of the Respondent: There must be a clear legal duty imposed on the respondent (the
authority or official against whom the writ is sought) to perform a specific act. This duty can be statutory
or arise from administrative policies.

3. Failure to Perform the Duty: The writ can only be issued when the respondent has failed to perform
the duty. This non-performance must be a clear and unreasonable refusal to carry out the obligations
imposed by law.

4. Lack of Alternative Remedies: The petitioner must demonstrate that there are no other adequate
legal remedies available to address the grievance. If other remedies exist, the court may decline to issue
the writ.
5. Discretionary Nature: The issuance of a writ of mandamus is discretionary; the court may refuse to
grant it even if the conditions are met if it feels that the case does not warrant such relief.

Grounds for the Issue of Mandamus

1. Refusal to Perform a Duty: If an authority refuses to carry out a duty mandated by law, a writ of
mandamus may be issued to compel compliance.

2. Delay in Performance: Unreasonable delay in performing a duty, especially when time is of the
essence, can be grounds for mandamus.

3. Improper Exercise of Discretion: If an authority has discretion but exercises it improperly or arbitrarily,
the court can issue a writ to correct this.

4. Violation of Statutory Provisions: If an authority acts contrary to statutory provisions or fails to adhere
to them, a writ of mandamus may be issued to enforce compliance.

- Indian Oil Corporation Ltd. v. Amritsar Gas Service (1991): In this case, the Supreme Court addressed
the grounds for issuing a writ of mandamus concerning the enforcement of contractual obligations.
Indian Oil Corporation was required to provide LPG cylinders to the dealer, Amritsar Gas Service.
However, the corporation delayed in executing the agreement, which prompted the dealer to seek a
writ of mandamus.

The court held: “When an authority or public body has a statutory duty to perform and fails to do so, it
can be compelled by the issuance of a writ of mandamus.” The court emphasized that the existence of a
legal duty and the failure to perform it justified the issuance of the writ. This case highlighted the
application of mandamus in situations involving statutory and contractual obligations.

- State of U.P. v. Rajendra Singh (2009): This case involved the refusal of the Uttar Pradesh government
to grant a mining lease, which was claimed by an applicant based on statutory rights. The applicant filed
a petition for a writ of mandamus, asserting that the government was legally obligated to consider the
application as per the applicable laws.

The Supreme Court ruled in favor of the applicant, stating: “When a statutory authority fails to perform
its duty and grants the rights under the law, the remedy lies in issuing a writ of mandamus to compel
performance.” This judgment reinforced the principle that mandamus serves to enforce compliance
with statutory duties imposed on public authorities.

4. Explain the salient features of the writs of certiorari and Quo warranto. Refer to decided case (10
marks) OR Write a note on writ of certiorari (6 marks)/ Writ of Quo-warranto (6 marks)

writ of certiorari : The writ of certiorari is an order issued by a higher court to a lower court or tribunal
directing it to transmit the records of a case for review. The purpose of this writ is to ensure that the
lower court or tribunal has acted within its jurisdiction and to rectify any errors of law that may have
occurred in the proceedings.
Salient Features

1. Judicial Review: Certiorari serves as a mechanism for judicial review, allowing higher courts to
examine the legality and validity of decisions made by lower courts and administrative bodies.

2. Error of Law: The writ can be issued when there is an error of law apparent on the face of the record,
such as a misinterpretation of the law or failure to follow legal procedures.

3. Jurisdictional Issues: It is often invoked in cases where the lower court has acted beyond its
jurisdiction or has failed to exercise its jurisdiction.

4. Discretionary Nature: The issuance of a writ of certiorari is discretionary. Higher courts may choose
not to intervene if they believe the lower court's decision does not warrant correction.

5. Preventing Injustice: The primary aim of certiorari is to prevent potential injustices that may arise
from decisions made by inferior courts or tribunals.

K.K. Verma v. Union of India (1954): In this case, K.K. Verma challenged the legality of a decision made
by the government regarding his dismissal from service. The Supreme Court of India held that the writ of
certiorari could be issued to quash the order of dismissal, as it was made without following due process
and lacked jurisdiction. The court emphasized that certiorari serves to ensure that administrative
authorities act within their legal bounds and adhere to the principles of natural justice. This case
highlights the importance of the writ of certiorari in safeguarding individual rights against arbitrary
actions of public authorities.

Writ of Quo Warranto: The writ of quo warranto is a legal order issued by a court questioning the
authority of a person holding a public office. It translates to "by what authority" and is used to challenge
the legality of a person's claim to a public office.

Salient Features

1. Challenging Authority: Quo warranto is primarily aimed at preventing individuals from unlawfully
exercising powers or functions of a public office.

2. Public Office: The writ can only be issued concerning public offices, ensuring that only duly qualified
individuals hold such positions.

3. Legal Standing: Any person may initiate a writ of quo warranto to challenge the authority of another
individual occupying a public office, reflecting the public interest in ensuring proper governance.

4. Proof of Usurpation: The petitioner must prove that the respondent is holding the office without any
lawful authority, demonstrating a clear case of usurpation.

5. Direct Remedy: Quo warranto provides a direct remedy against unauthorized occupancy of public
office, thereby protecting the integrity of public institutions.
University of Calcutta v. Dr. Jagdish Chandra (1962): In this case, the Supreme Court addressed the
legality of the appointment of Dr. Jagdish Chandra as a professor at the University of Calcutta. The
appointment was made without following the proper procedure laid down by the university's statutes.
The Supreme Court held that the appointment was void as it was not made in accordance with the law.
The court issued a writ of quo warranto, emphasizing that individuals holding public office must do so in
accordance with established legal norms and procedures. This case illustrates the application of the writ
of quo warranto in maintaining the sanctity of public office.

5. Discuss the conditions for the liability of administration in contracts

The liability of the administration in contracts refers to the legal obligations and responsibilities that
government entities have when they enter into contractual agreements. While the principles of contract
law apply, there are specific conditions and considerations that govern the liability of administrative
authorities in contracts. This liability arises from the principle that when the government enters into a
contract, it is bound to adhere to the same rules and obligations as any private individual or entity. Here
are the essential conditions under which the liability of the administration in contracts arises:

1. Existence of a Valid Contract: For the administration to be liable in contracts, there must be a valid
contract in existence. The essential elements of a valid contract include:

• Offer and Acceptance: There must be a clear offer made by one party and an unequivocal acceptance
by the other.

• Consideration: There must be consideration or something of value exchanged between the parties.

• Capacity to Contract: The parties must have the legal capacity to enter into a contract.

• Free Consent: The consent of the parties must be free from coercion, undue influence,
misrepresentation, or fraud.

• Legality of Object: The purpose of the contract must be legal and not against public policy.

Without these elements, the contract may be void or voidable, and the administration cannot be held
liable.

2. Authority to Enter into Contracts: The officials or representatives of the administration must possess
the authority to enter into contracts. This authority is usually derived from:

• Statutory Provisions: Specific laws may confer powers to government officials to enter into contracts.

• Delegation of Powers: Authority may be delegated from higher authorities to lower officials, allowing
them to contract on behalf of the administration.

If the individual entering into the contract lacks the necessary authority, the contract may be deemed
unenforceable, thereby limiting the liability of the administration.
3. Acting within the Scope of Authority: The administration can only be held liable for acts performed
within the scope of the authority granted. If an official acts beyond their authorized capacity (ultra
vires), the government may not be liable for that act.

For instance, if a government official enters into a contract that exceeds their designated powers or goes
against prescribed procedures, the contract may be invalidated, and the administration may escape
liability.

4. Compliance with Legal Provisions: Government contracts must comply with all relevant legal and
statutory provisions. This includes:

• Public Procurement Laws: Adherence to laws governing public procurement, such as competitive
bidding, transparency, and accountability.

• Regulatory Frameworks: Compliance with specific regulations that apply to particular sectors or types
of contracts.

Failure to comply with these legal requirements may render the contract void or voidable, thereby
limiting the liability of the administration.

5. Reasonable and Justifiable Conduct: The conduct of the administration in executing the contract must
be reasonable and justifiable. If the administration fails to perform its contractual obligations or acts in
bad faith, it may be held liable for breach of contract. If the administration breaches the contract due to
negligence or willful misconduct, it may be held liable for damages.

6. Breach of Contract: Liability arises when there is a breach of contract. A breach can occur when one
party fails to perform their obligations as stipulated in the contract.

Types of breaches include:

• Actual Breach: Failure to perform the contract on the due date.

• Anticipatory Breach: Indication by one party that they will not fulfill their contractual obligations
before the due date.

In either case, the affected party (the other contracting party) may seek remedies, including damages,
specific performance, or rescission of the contract.

7. Claim for Damages: If a breach of contract occurs, the affected party may claim damages. The
administration's liability for damages can arise from:

• Direct Losses: Losses directly attributable to the breach of contract.

• Consequential Losses: Losses that result indirectly from the breach, provided they were foreseeable.

The extent of damages recoverable will depend on the specifics of the case and the nature of the
breach.
8. Judicial Review and Accountability: The liability of the administration in contracts is subject to judicial
review. Courts may review the actions of administrative bodies to ensure compliance with legal norms
and principles of fairness. Judicial scrutiny ensures accountability, particularly in cases where the
administration may have acted arbitrarily or unjustly in the execution of contracts.

6. Explain doctrine of proportionality and doctrine of legitimate expectation.

Doctrine of proportionality : The doctrine of proportionality is a legal principle that is primarily used in
administrative law and constitutional law. It is designed to ensure that the actions taken by public
authorities are proportionate to the objectives they seek to achieve. This doctrine is particularly relevant
in cases where administrative decisions may infringe upon individual rights or liberties.

Key Features

1. Balancing Test: The doctrine of proportionality requires a balancing of interests. It assesses whether
the means employed by a public authority to achieve a legitimate aim are appropriate, necessary, and
balanced against the rights that may be affected.

2. Legitimate Aim: For an action to be proportionate, it must pursue a legitimate aim, such as protecting
public safety, health, or morals. The objective should be lawful and in the public interest.

3. Suitability: The action taken must be suitable to achieve the intended aim. It should be demonstrated
that the means used are capable of attaining the desired outcome.

4. Necessity: The action must be necessary, meaning that there should not be any less restrictive means
available to achieve the same goal. If a less restrictive alternative exists, the more intrusive measure is
likely to be deemed disproportionate.

5. Proportionality in the Narrow Sense: Finally, the impact of the action on individual rights must be
proportionate to the benefits gained. The benefits of the action should outweigh the harm or
infringement caused to individual rights.

Application in Case Law

The doctrine of proportionality has been applied in various judicial decisions. For instance, in the case of
K.S. Puttaswamy v. Union of India (2017), the Supreme Court of India recognized the right to privacy as a
fundamental right under the Constitution. The Court held that any infringement of this right must meet
the proportionality test, thereby ensuring that governmental actions do not unjustifiably infringe upon
individual liberties.

Similarly, in the case of Maneka Gandhi v. Union of India (1978), the Supreme Court emphasized the
need for proportionality in administrative actions, ruling that a law that curtails personal liberty must be
just, fair, and reasonable, and not arbitrary or excessive.

Doctrine of Legitimate Expectation: The doctrine of legitimate expectation is a principle in administrative

law that protects individuals' expectations that arise from the conduct of public authorities. It
safeguards the idea that individuals may reasonably expect that certain procedures will be followed or
that benefits promised by public authorities will be granted, based on their legitimate expectations.

Key Features

1. Protection of Expectations: The doctrine seeks to protect individuals' legitimate expectations based
on established practices, statements, or conduct of public authorities. It ensures that the authorities act
in a manner consistent with previous conduct or representations.

2. Reasonableness: The expectation must be reasonable and based on a clear promise or established
practice. It should not be based on mere speculation or an informal assurance.

3. Procedural Fairness: The doctrine emphasizes the importance of procedural fairness. If an individual
has a legitimate expectation of receiving a benefit or following a particular procedure, the public
authority is obliged to afford them an opportunity to present their case before changing the established
practice.

4. Not Absolute: While the doctrine protects legitimate expectations, it is not absolute. Public
authorities can change policies or practices, but they must do so transparently and reasonably, providing
justifications for the changes.

Application in Case Law

The doctrine of legitimate expectation has been extensively applied in Indian jurisprudence. In the
landmark case of Ram Jawaya Kapur v. State of Punjab (1955), the Supreme Court recognized that an
individual can have a legitimate expectation of being treated in a certain way based on established
practice or a representation made by the government.

Another important case is M. P. State Lottery v. Ashok D. Sharma (2006), where the Supreme Court
upheld the concept of legitimate expectation. The Court ruled that once the government has made a
representation or established a practice, it cannot arbitrarily change it without giving individuals an
opportunity to present their case.

unit 4 - 6 marks

1. Public interest litigation

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to seek judicial
intervention in matters of public interest. It aims to protect and promote the rights and interests of
marginalized or disadvantaged sections of society. In contrast to traditional litigation, where the focus is
often on private disputes, PIL emphasizes issues that affect the general public, social justice, and the
environment.

Characteristics of PIL
1. Wider Scope: PIL extends beyond individual grievances, encompassing issues related to human rights,
environmental protection, consumer rights, and social justice. It allows the court to address systemic
issues affecting large segments of the population.

2. Flexible Procedure: The procedural requirements for filing a PIL are more relaxed compared to regular
litigation. This enables individuals or organizations to file petitions without the need for a formal legal
representation, making the process more accessible.

3. Public Interest Focus: The primary criterion for a PIL is the public interest it serves. The court assesses
whether the issue raised has significant implications for society at large, rather than focusing solely on
the petitioner’s personal interests.

Impact of PIL: PIL has led to numerous landmark judgments in India, contributing to significant social and
legal reforms. For example:

• Environmental Protection: PIL has been instrumental in advancing environmental justice, leading to
initiatives for pollution control and conservation of natural resources.

• Human Rights: Courts have used PIL to address issues such as custodial violence, rights of the
marginalized, and the right to education, reinforcing the importance of human rights in governance.

• Government Accountability: PIL has strengthened the mechanisms for holding public authorities
accountable for their actions and inactions, ensuring transparency and accountability in governance.

Challenges and Criticism: Despite its positive contributions, PIL has faced criticism for misuse and
frivolous petitions. Some argue that it can lead to judicial overreach or interfere with legislative
functions. Courts have occasionally expressed concerns about maintaining a balance between judicial
intervention and respect for the separation of powers.

2. State liability in contract (2)

State liability in contract refers to the legal responsibility of the government or public authorities when
they enter into contractual agreements. This concept is crucial in understanding how the state, as a legal
entity, interacts with individuals and businesses in the realm of public contracts. The liability of the state
in contractual matters is governed by specific legal principles, statutes, and case law.

Nature of State Liability

1. Doctrine of Sovereign Immunity: Traditionally, the state enjoyed immunity from legal action in
contractual matters based on the doctrine of sovereign immunity. This principle asserted that the
government could not be sued without its consent. However, this immunity has been significantly
curtailed over time, allowing for greater accountability.

2. Contractual Liability: When the state enters into a contract, it assumes liability similar to that of a
private individual or corporation. If the state fails to fulfill its contractual obligations, it can be held liable
for breach of contract. This includes situations where the state fails to deliver goods, services, or
compensation as per the terms of the contract.

3. Public Law vs. Private Law: The liability of the state in contract often blends public law and private law
principles. While private law governs the terms of the contract, public law considerations may influence
the enforcement and interpretation of those terms, particularly when public interest is involved.

Conditions for State Liability

• Existence of a Valid Contract: There must be a legally binding contract in place, complete with all
essential elements such as offer, acceptance, consideration, and lawful purpose.

• Breach of Contract: The state must have breached its contractual obligations, either by failing to
perform as promised or by engaging in conduct that undermines the contract.

• Causation: The breach must have caused identifiable harm or loss to the other party, establishing a
direct link between the breach and the damages claimed.

The landmark case of State of Maharashtra v. Ramchandra (1996) illustrates the principles of state
liability in contract. In this case, the Supreme Court held that the state could be held liable for breach of
contract if it fails to fulfill its obligations under an agreement. The court emphasized that the state, like
any other party, must adhere to the contractual terms and be accountable for its actions.

3. The applications were invited by C.B.l. for filling up 200 posts of constables. The selection process
consisted of a written examination and interview. There were some complaints of corruption and
favouritism during the process of physical test and written test and accordingly the entire selection
process was cancelled. lt was also found that only in respect of 31 specific candidates, the complaints
were true. The cancellation order was challenged. Refer to the appropriate provision and decide

Decision: Given the circumstances of the case, the cancellation order could be challenged on several
grounds:

1. Lack of Justification: The CBI's decision to cancel the entire selection process may be deemed arbitrary
and lacking justification, especially when only 31 candidates were specifically implicated in corrupt
practices. This raises concerns about the infringement of the rights of the other candidates who
participated fairly in the selection process.

2. Principle of Proportionality: The cancellation appears disproportionate since it adversely affects

numerous candidates who were not involved in any wrongdoing. A more reasonable approach would
have been to disqualify only those candidates found to have committed misconduct.

3. Administrative Fairness: Candidates could argue that the CBI failed to uphold the principles of natural
justice by not allowing an opportunity to contest the allegations before imposing the extreme measure
of cancellation.
4. Legal Recourse: Candidates whose selections were canceled could file a writ petition under Article 226
of the Constitution in the High Court seeking judicial review of the decision. They could seek
reinstatement in the selection process, especially given the lack of evidence of wrongdoing on their part.

Conclusion: In conclusion, the cancellation of the entire selection process by the CBI is likely to face
significant legal challenges based on the principles of equality, proportionality, and fairness. The
affected candidates have grounds to challenge the decision, and the courts may lean towards reinstating
the selections of those not implicated in the complaints of corruption, thus ensuring that administrative
actions are just and equitable.

4. The Central Government notified an export promotion scheme declaring that the exporters of
cotton textiles and goods would be entitled to import raw materials equal to 1OO"/" of the value of
exports. Relying upon the notification, A a trader exported goods of the value of Rs. 2 crores. He then
sought a licence to import raw material worth Rs. 2 crores. The Central Government refused to issue
the licence. A challenges the denial in court. Decide

1. Nature of the Notification: The notification is a formal declaration by the Central Government,
establishing a scheme under which exporters are entitled to certain benefits. A's reliance on this
notification is reasonable, as it is a clear representation of the government’s policy.

2. Government's Refusal: The refusal to issue the import license must be evaluated in light of the
principles of natural justice and the doctrine of legitimate expectation. If the government denies the
license without sufficient grounds or justification, it may be acting arbitrarily, which would be legally
unsustainable.

3. No Factual Justification: The problem does not indicate any factual basis for the refusal to issue the
license (e.g., breach of any conditions or eligibility criteria). Therefore, the refusal seems unjustified
based on the information provided.

Conclusion: In conclusion, A has a strong case to challenge the Central Government's refusal to issue the
import license. The government is likely to face scrutiny for not adhering to the principles of legitimate
expectation and fairness. A could file a writ petition under Article 226 of the Constitution, seeking a
directive from the High Court to the Central Government to issue the import license for the raw
materials worth Rs. 2 crores, given that A exported goods to the same value based on the export
promotion scheme. The court is likely to rule in favor of A, ordering the government to fulfill its
commitment as articulated in the notification, unless the government can provide a valid legal basis for
its refusal that aligns with established principles of administrative law.

5. The Government had issued a sanction to the respondents to open a new unaided school and to
upgrade the existing ones. However after 15 days a direction was issued to revoke the sanction. This
direction was challenged. Decide the validity referring to appropriate principle
1. Initial Sanction: The government initially issued a sanction allowing the respondents to open and
upgrade schools, which creates a legitimate expectation that they can proceed with their plans without
interference.

2. Revocation Direction: The fact that the revocation occurred only 15 days after the sanction was issued
raises questions about the reasoning behind this sudden change. If the government did not provide any
justification or opportunity for the respondents to present their case before revoking the sanction, it
may be seen as a violation of their rights.

3. Opportunity to be Heard: If the respondents were not given any notice or an opportunity to respond
to the revocation before it was executed, this could be a clear violation of the principles of natural
justice. The government is obligated to follow fair procedures in administrative actions that affect
individual rights.

Conclusion: Based on the principles outlined above, the direction issued by the government to revoke
the sanction for opening and upgrading schools is likely to be challenged successfully in court. The
respondents can argue that the revocation violates their legitimate expectation and the principles of
natural justice, especially if there was no fair hearing or adequate justification provided for the
revocation. They can file a writ petition under Article 226 of the Constitution in the High Court, seeking
judicial review of the government’s decision. The court is likely to hold that the revocation was arbitrary
and lacked due process, thereby invalidating the revocation and directing the government to restore the
original sanction.

6. Bombay municipality framed a town planning scheme and submitted to the state government for
approval. The same was approved by the government. But the municipality failed to act on the
approved scheme. Whether municipality can be compelled to implement the scheme. Decide

1. Approval by the State Government: The fact that the scheme was approved by the state government
further emphasizes the legitimacy and importance of the scheme. The municipality's failure to act on
this approved scheme can be viewed as an arbitrary exercise of its discretion, especially if no valid
reasons are provided for the inaction.

2. Failure to Act: If the municipality does not implement the scheme, it can be argued that it is failing to
fulfill its legal responsibilities. This failure can lead to complications in urban development, zoning, and
public resource allocation, affecting the local population.

3. Public Interest Litigation: Concerned citizens or organizations can approach the High Court or the
Supreme Court under Article 226 or Article 32 of the Constitution, respectively, to seek judicial
intervention. They can argue that the municipality’s inaction is detrimental to public interest and that
the court should compel the municipality to act.

Conclusion: Based on the legal principles discussed, the Bombay Municipality can be compelled to
implement the town planning scheme that has been approved by the state government. Affected parties
can file a writ petition seeking a writ of mandamus against the municipality, urging the court to enforce
the implementation of the scheme as it is a statutory duty of the municipality. The court is likely to view
the municipality's inaction as a failure to comply with its statutory obligations, potentially resulting in an
order compelling the municipality to take appropriate actions to implement the approved town planning
scheme, thus upholding the rule of law and ensuring the welfare of the public.

7. 'X' is compulsorily retired from the service by the Government of India. He files a writ petition in the
High court of Karnataka challenging the validity of the order. The Government of lndia contends that
the petition is untenable. Decide

1. Grounds for Compulsory Retirement: The government must have legitimate grounds for 'X's
compulsory retirement. If the decision was based on performance issues, misconduct, or other valid
reasons, the government may have a stronger case. However, if 'X' can demonstrate that these grounds
were either not substantiated or were based on malafide intentions, he could challenge the validity of
the order.

2. Adherence to Procedures: If the government failed to follow the required procedures, such as
providing a notice or conducting an inquiry before the retirement decision, 'X' could argue that his
retirement was illegal. This would be particularly relevant if he was not given the opportunity to defend
himself against any allegations.

3. Time Limitations: Generally, there are time limitations within which a writ petition must be filed. If 'X'
filed the petition within a reasonable time after the order was issued, this aspect is likely to be favorable
to him.

Conclusion: Given these considerations, 'X' has a legitimate basis to challenge the compulsory
retirement order through a writ petition in the High Court of Karnataka. The court will examine whether
the order was made in accordance with the principles of natural justice, whether there were valid
grounds for the retirement, and whether the government acted arbitrarily. If 'X' can demonstrate that
the order was arbitrary, unjust, or made without following due process, the High Court may quash the
retirement order and reinstate him in service. Conversely, if the government can show that the order
was made based on valid grounds and in accordance with applicable rules, the court may uphold the
retirement decision. Ultimately, the outcome will depend on the specific facts and circumstances
surrounding 'X's case and the legal arguments presented by both parties.

8. The plaintiff deposited a certain amount of money for the purpose of procuring the license to run a
ganja shop. The license was not granted. He then sued the State for the refund of the amount
deposited with damages. Decide

1. Deposit and Expectation: The plaintiff deposited the money with the expectation that a license would
be granted. However, since the activity is illegal, the State's refusal to grant the license does not create
an obligation for the State to refund the money.
2. Illegality as a Defense: The State may argue that the deposit was made for an illegal purpose, and
therefore, under the Indian legal framework, it is not bound to refund the amount. The principles of
illegality and public policy would likely protect the State from having to return the deposit.

3. Judicial Precedents: Courts have consistently ruled against the enforcement of contracts related to
illegal activities. For instance, in the case of Tinsley v. Milligan, the court held that a party cannot seek a
remedy in respect of an agreement that is contrary to public policy.

Conclusion: In light of the above legal principles, the plaintiff's claim for a refund of the deposit and
damages is unlikely to succeed. The courts will likely find that since the underlying purpose of the
agreement (running a ganja shop) is illegal, the plaintiff cannot enforce any rights arising from that
agreement. As a result, the State is not obligated to refund the deposited amount, and the suit may be
dismissed on the grounds of illegality and public policy. Thus, the plaintiff's attempt to recover the
deposit is futile, given the clear prohibitions under the Narcotic Drugs and Psychotropic Substances Act,
1985, and the established principles of contract law concerning illegal agreements.

9. An army official did not obey the lawful command of its superior officer by not accepting the food
offered to him. The court martial proceedings were initiated and the sentence of rigorous
imprisonment of five years was imposed. He was also dismissed from service. The said order was
challenged by him. Decide.

1. Nature of the Offense: The refusal to accept food may be viewed as disobedience; however, it is
essential to consider the context. If the refusal stemmed from a legitimate reason (e.g., health issues,
dietary restrictions, or ethical concerns), it could potentially affect the nature of the disobedience and
whether it was justified.

2. Procedural Fairness: The official must demonstrate that the court martial proceedings were flawed in
some way. If he was not allowed to present a defense, or if the proceedings were conducted in a
manner that was arbitrary or unjust, this could provide grounds for challenging the decision.

3. Proportionality of the Sentence: The severity of the sentence (five years of rigorous imprisonment) in
comparison to the offense (refusal to accept food) could be questioned. If similar offenses have
historically received lighter penalties, the official may argue that the punishment was excessive.

4. Dismissal from Service: The dismissal from service is a significant penalty and should be scrutinized for
fairness and due process. The court will consider whether such a drastic action was warranted based on
the nature of the disobedience.

Conclusion: Given the outlined considerations, the army official has valid grounds to challenge both the
sentence and the dismissal from service. The court will examine whether the command was lawful,
whether the proceedings of the court martial were fair and followed due process, and whether the
punishment imposed was proportionate to the alleged offense. If the court finds that the proceedings
were flawed, the command was not lawful, or the punishment was excessively harsh, it may quash the
sentence and reinstate the official. Conversely, if the court upholds the legality of the command and the
fairness of the proceedings, it may dismiss the challenge, thereby upholding the sentence and the
dismissal from service. Ultimately, the outcome will depend on the specific facts of the case and the
legal arguments presented by both parties.

10. A member of Legislative Assembly of a State was arrested by the police with the object of
preventing him from attending the session of Legislative Assembly. After his release he files a suit
claiming compensation against the State. Will he succeed ? Decide

1. Intent of Arrest: If it is established that the police arrested the MLA specifically to prevent him from
attending the assembly session, it would be a direct infringement on his parliamentary privileges. The
intention behind the arrest is crucial and may serve as a basis for compensation.

2. Due Process: The court will examine whether the arrest was made following due process of law. Any
arrest that does not comply with legal requirements or is conducted in an arbitrary manner can lead to
liability for the State.

3. Public Interest vs. Legislative Privilege: While the police may argue that the arrest was necessary for
maintaining public order or for other legitimate reasons, the court will likely give precedence to the
parliamentary privilege of the MLA, as it is foundational to the democratic process.

Conclusion: The MLA is likely to succeed in his claim for compensation against the State. Given the
circumstances surrounding the arrest, if it is proven that the arrest was intended to obstruct his
attendance at the Legislative Assembly, it could be deemed unlawful and a violation of his rights as a
legislator. The court is likely to rule in favor of the MLA, holding that the police acted outside their
authority, infringing on his parliamentary privileges. As a result, he may be entitled to compensation for
the wrongful arrest and any damages resulting from his inability to fulfill his legislative duties during the
session he was prevented from attending. The case emphasizes the protection afforded to legislators in
performing their constitutional functions without fear of interference from the executive branch.

Unit 5 - 10 marks

1. critically examine the role of Lokpal and Lokayuktha in India in Public administration. (2)

The Lokpal and Lokayukta are pivotal institutions in India, established to enhance accountability and
integrity within public administration. They serve as ombudsman-like entities designed to address
grievances against public officials and combat corruption in governance. The establishment of these
institutions is a significant step towards ensuring transparency and responsiveness in public
administration. However, their effectiveness has been a subject of debate.

Historical Background: The demand for a Lokpal in India can be traced back to the early 1960s. The idea
gained significant traction after the 2011 anti-corruption movement led by social activist Anna Hazare. In
response to widespread public outrage over corruption, the Lokpal and Lokayukta Act was enacted in
2013, establishing the Lokpal at the national level and Lokayuktas at the state level. These institutions
were envisioned to provide an effective mechanism to address complaints against public servants,
including bureaucrats and politicians.
Structure and Functioning

1. Lokpal: The Lokpal is an anti-corruption ombudsman at the central level, comprising a chairperson
and up to eight members. The Lokpal is empowered to investigate complaints against public servants,
including ministers and members of parliament. It can initiate inquiries, gather evidence, and
recommend actions to the appropriate authorities.

2. Lokayukta: The Lokayukta serves a similar function at the state level, addressing grievances against
state-level public officials. Each state has its Lokayukta, appointed in accordance with state laws. The
structure and powers of the Lokayukta may vary from state to state, reflecting the decentralized nature
of governance in India.

Role in Public Administration

1. Combating Corruption: The primary role of the Lokpal and Lokayukta is to combat corruption within
public administration. By providing a mechanism for citizens to lodge complaints against corrupt
officials, these institutions enhance accountability and deter corrupt practices. The existence of an
independent body to investigate corruption complaints promotes transparency in governance.

2. Protection of Citizen Rights: The Lokpal and Lokayukta serve as a safeguard for citizens against
arbitrary actions of public officials. They empower citizens to seek redressal for grievances and hold
officials accountable for their actions. This mechanism fosters a culture of responsiveness and
responsibility in public administration.

3. Promoting Good Governance: By addressing corruption and ensuring accountability, the Lokpal and
Lokayukta contribute to the principles of good governance. Their role in investigating and
recommending action against corrupt practices enhances public trust in government institutions,
thereby strengthening democracy.

4. Advisory Role: The Lokpal also plays an advisory role by recommending policy changes and
improvements in administrative practices to reduce corruption. Its reports and recommendations can
guide legislative and administrative reforms, promoting a more ethical governance framework.

Challenges and Criticisms

1. Limited Powers: One of the primary criticisms is that the Lokpal has limited powers, especially
concerning the prosecution of officials. The Lokpal can only make recommendations for prosecution,
and it lacks the authority to take direct legal action against offenders. This limitation raises questions
about its effectiveness in ensuring accountability.

2. Independence and Functionality: The independence of the Lokpal and Lokayukta has been questioned
due to political influence. The appointment process for members of the Lokpal can be susceptible to
political interference, undermining its credibility. Ensuring the autonomy of these institutions is essential
for their effective functioning.
3. Resource Constraints: Both Lokpal and Lokayukta suffer from inadequate resources and
infrastructure, limiting their ability to investigate complaints effectively. A lack of trained personnel and
financial support can hinder their operations and lead to delays in addressing grievances.

4. Public Awareness: There is a general lack of awareness among citizens regarding the functions and
powers of the Lokpal and Lokayukta. Many people remain unaware of the procedures for filing
complaints, which limits the utilization of these institutions as a means to address grievances.

5. Overlap with Other Anti-Corruption Bodies: The existence of multiple anti-corruption bodies, such as
the Central Bureau of Investigation (CBI) and various state vigilance commissions, can create confusion
regarding jurisdiction. This overlap can lead to inefficiencies and ineffective enforcement of anti-
corruption measures.

2. Explain the advantages and scope of various controls over public corporations in India (2)

1. Administrative Controls: Administrative controls are mechanisms established by the government to

oversee the functioning of public corporations. These include guidelines, policies, and regulations
formulated by the Ministry of Corporate Affairs and other relevant ministries.

Advantages:

• Accountability: Administrative controls enforce accountability among public corporations. By setting

performance standards and expectations, these controls ensure that management is answerable for its
actions.

• Efficiency: They help streamline operations, thereby enhancing efficiency. Administrative guidelines
provide clear directions on procedures and operational practices, leading to improved service delivery.

• Performance Monitoring: Regular audits and reviews of public corporations under administrative
controls facilitate the monitoring of performance, ensuring that objectives are met.

Scope:

• Administrative controls encompass various aspects, including corporate governance, management

practices, and operational guidelines.

• They apply to all public corporations, enabling a standardized approach to governance across the
sector.

2. Legislative Controls: Legislative controls involve laws and regulations enacted by the Parliament and
state legislatures to govern public corporations. The Companies Act, 2013, and various sector-specific
laws provide the framework for these controls.

Advantages:
• Legal Framework: Legislative controls establish a robust legal framework within which public
corporations must operate. This framework ensures compliance with standards of conduct, corporate
governance, and accountability.

• Protection of Stakeholders: These controls protect the interests of stakeholders, including employees,
consumers, and investors, by mandating transparency and fair practices in operations.

• Public Scrutiny: Legislative provisions often require public corporations to present reports and
disclosures, allowing for public scrutiny and enhancing transparency.

Scope:

• Legislative controls cover various aspects of public corporation operations, including financial
reporting, corporate governance, and compliance with regulations.

• They extend to all levels of public corporations, ensuring uniformity in governance practices across
sectors.

3. Financial Controls: Financial controls involve mechanisms to monitor and manage the financial
activities of public corporations. This includes budgetary controls, audits, and financial reporting
requirements.

Advantages:

• Financial Accountability: Financial controls ensure that public corporations are accountable for their
financial decisions. This promotes responsible budgeting and expenditure practices.

• Efficient Resource Utilization: By closely monitoring financial performance, these controls help in the
optimal utilization of resources, minimizing waste and inefficiencies.

• Enhancing Credibility: Regular audits and financial reporting enhance the credibility of public
corporations. Transparency in financial dealings builds public trust and confidence.

Scope:

• Financial controls apply to all financial transactions, budgets, and accounting practices of public
corporations.

• They also include external audits conducted by statutory auditors, ensuring an independent
assessment of financial health.

4. Judicial Controls: Judicial controls refer to the power of the judiciary to review the actions and
decisions of public corporations. Courts can intervene in cases of malfeasance or where public interest is
at stake.

Advantages:
• Protection of Rights: Judicial controls protect the rights of individuals and entities affected by the
actions of public corporations. They provide a legal recourse for grievances arising from improper
conduct.

• Ensuring Compliance: The judiciary can enforce compliance with laws and regulations, thereby
ensuring that public corporations operate within the legal framework.

• Promoting Good Governance: By adjudicating disputes involving public corporations, the judiciary
promotes good governance practices and holds entities accountable for their actions.

Scope:

• Judicial controls extend to any legal disputes involving public corporations, including issues of
administrative law, contract disputes, and constitutional matters.

• They provide a check on the arbitrary actions of public corporations, ensuring adherence to legal
norms and principles.

5. Public Participation and Accountability Mechanisms: Public participation mechanisms, such as social
audits, public hearings, and feedback systems, are crucial for enhancing the accountability of public
corporations.

Advantages:

• Increased Transparency: Public participation mechanisms allow citizens to engage with public
corporations, increasing transparency in decision-making processes.

• Community Involvement: These mechanisms encourage community involvement, ensuring that the
needs and concerns of citizens are considered in the functioning of public corporations.

• Responsive Governance: Public feedback can lead to more responsive governance, as corporations can
adjust their policies and practices based on stakeholder input.

Scope:

• Public participation applies to various levels of decision-making, enabling citizens to influence the
functioning of public corporations.

• It encourages accountability and ensures that public corporations remain answerable to the
communities they serve.

3. Explain the Government and judicial control over public undertakings (2)

Public undertakings, also known as public sector enterprises (PSEs), are government-owned
corporations or entities established to carry out commercial activities with the aim of promoting
economic development and serving the public interest. Given their significant role in the economy,
public undertakings are subject to various forms of control to ensure accountability, transparency, and
efficiency in their operations. This essay explores the government and judicial controls over public
undertakings in India, highlighting their mechanisms, advantages, and limitations.

Government Control Over Public Undertakings:

1. Administrative Control: Administrative control involves oversight of the day-to-day operations of

public undertakings. This is typically exercised by the central or state government through relevant
ministries.

• Appointment of Management: The government has the authority to appoint directors and
management personnel in public undertakings, ensuring that individuals with appropriate qualifications
and experience are in leadership positions.

• Performance Evaluation: The government regularly evaluates the performance of public undertakings
through performance indicators and reports. This assessment helps in determining the effectiveness and
efficiency of these enterprises.

• Policy Formulation: Public undertakings operate within the framework of government policies. The
government formulates policies concerning pricing, production, and investment, which public
enterprises are required to follow.

2. Financial Control: Financial control is crucial for maintaining accountability in public undertakings. This
control is primarily exercised through budgeting, auditing, and reporting mechanisms.

• Budgetary Control: Public undertakings must prepare annual budgets that are subject to approval by
the government. This process ensures that financial resources are allocated efficiently and in accordance
with governmental priorities.

• Auditing: The Comptroller and Auditor General of India (CAG) conducts audits of public undertakings
to assess their financial health and compliance with legal requirements. These audits help identify
irregularities, mismanagement, and areas for improvement.

• Financial Reporting: Public undertakings are required to submit regular financial reports to the
government, detailing their income, expenditures, and financial performance. This transparency
promotes accountability and allows the government to monitor financial health effectively.

3. Regulatory Control: Various regulatory frameworks govern the operations of public undertakings,
ensuring compliance with legal norms and standards.

• Sector-Specific Regulations: Depending on their operational sectors, public undertakings are subject to
specific regulations. For example, enterprises in sectors like telecommunications, energy, and
transportation are governed by regulatory authorities that set standards for quality, pricing, and service
delivery.
• Public Procurement Policies: The government regulates the procurement processes of public
undertakings to ensure fairness, transparency, and competition. Guidelines dictate how contracts are
awarded and executed, minimizing corruption and favoritism.

Judicial Control Over Public Undertakings:

1. Judicial Review: The judiciary has the power to review the actions and decisions of public
undertakings to ensure they comply with legal norms.

• Grounds for Judicial Review: The courts can intervene in cases of illegality, irrationality, and procedural
impropriety. For instance, if a public undertaking makes a decision that is arbitrary or violates the
principles of natural justice, affected parties can seek redress through the judiciary.

• Public Interest Litigation (PIL): The rise of Public Interest Litigation has empowered individuals and
organizations to challenge unlawful actions or policies of public undertakings. PILs have become a crucial
tool for holding public enterprises accountable, especially in matters affecting public interest.

2. Adjudication of Disputes: The judiciary plays a vital role in resolving disputes involving public
undertakings and other stakeholders, such as employees, suppliers, and customers.

• Service Matters: Employees of public undertakings can approach the judiciary to seek redress for
grievances related to service conditions, promotions, and terminations. The courts ensure that
employees are treated fairly and that due process is followed in employment matters.

• Contractual Disputes: Public undertakings engage in numerous contracts with private entities. In cases
of disputes over contract execution or performance, affected parties can approach the courts for
adjudication, ensuring that contractual obligations are upheld.

4. Explain the extent of parliamentary and public control over public corporations

Public corporations, or public sector enterprises (PSEs), are integral to the Indian economy, providing
essential services and contributing significantly to national development. Given their importance, it is
imperative to ensure that these corporations operate efficiently, transparently, and in alignment with
public interest. Parliamentary and public control are two critical mechanisms employed to regulate and
oversee the functioning of public corporations. This essay discusses the extent of these controls, their
mechanisms, advantages, and challenges.

Parliamentary Control Over Public Corporations:

1. Legislative Framework: The foundation of parliamentary control lies in the legislative framework
governing public corporations. Several laws and statutes define their establishment, functioning, and
accountability. Key legislation includes:

• The Companies Act, 2013: This Act regulates corporate governance, financial reporting, and
operational standards for public sector enterprises. It ensures that these entities comply with legal
norms and practices.
• Public Sector Undertakings (PSUs) Act: This legislation provides guidelines on the functioning,
management, and accountability of public sector undertakings, enabling parliamentary oversight.

2. Parliamentary Committees: Parliament has established various committees to oversee the functioning
of public corporations:

• Public Accounts Committee (PAC): This committee examines the reports of the Comptroller and
Auditor General (CAG) on public corporations. It assesses the financial performance and expenditure of
these entities, ensuring accountability.

• Committee on Public Undertakings (COPU): This committee specifically focuses on the functioning and
performance of public corporations. It reviews their operations, assesses performance against set
objectives, and makes recommendations for improvement.

• Standing Committees: Various standing committees, including those for finance, industry, and
commerce, also play a role in monitoring public corporations. They scrutinize the annual reports,
performance evaluations, and budgetary allocations of these entities.

3. Debates and Discussions: Parliamentary control is further exercised through debates and discussions
in both Houses of Parliament. Members of Parliament (MPs) raise questions regarding the performance
of public corporations, seek clarifications from ministers, and discuss issues affecting these entities. Such
discussions help bring transparency and accountability to the functioning of public corporations.

Public Control Over Public Corporations:

1. Public Participation Mechanisms: Public participation is facilitated through various mechanisms,

enabling citizens to engage with public corporations:

• Social Audits: Public corporations are increasingly required to conduct social audits, which involve
assessing their performance and impact from a social perspective. These audits help identify areas for
improvement and ensure that public corporations address community needs.

• Public Hearings and Consultations: Many public corporations hold public hearings and consultations to
gather feedback from stakeholders and the community. This allows citizens to voice their concerns and
influence decision-making processes.

2. Right to Information (RTI): The Right to Information Act, 2005, empowers citizens to seek information
from public corporations regarding their functioning, decision-making processes, and financial
transactions. This mechanism promotes transparency and accountability, enabling citizens to hold public
corporations accountable for their actions.

3. Public Interest Litigation (PIL): Public Interest Litigation has emerged as a powerful tool for citizens
and civil society organizations to challenge the actions of public corporations that violate public interest
or legal norms. Through PILs, individuals can seek judicial intervention to ensure that public corporations
operate in compliance with laws and regulations.
Advantages of Parliamentary and Public Control

• Enhanced Accountability: Both parliamentary and public control mechanisms promote accountability
among public corporations, ensuring that they operate in the public interest.

• Transparency: These controls foster transparency in the functioning of public corporations, allowing
for scrutiny of financial transactions, decision-making processes, and operational practices.

• Public Participation: Public control mechanisms encourage citizen engagement, ensuring that the
needs and concerns of the community are considered in the functioning of public corporations.

5. Explain the power, functions of Karnataka Lokayukta and its impact on public administration (and)
procedure of Lokayukta

The Karnataka Lokayukta is an institution established to address issues of corruption and

maladministration in the state of Karnataka, India. It was created under the Karnataka Lokayukta Act of
1984, with the primary aim of promoting transparency, accountability, and integrity in public
administration. This essay discusses the powers and functions of the Karnataka Lokayukta and examines
its impact on public administration in the state.

Powers of Karnataka Lokayukta

1. Investigation Powers: The Lokayukta has the authority to investigate complaints against public
servants, including bureaucrats and politicians, regarding allegations of corruption, abuse of power, and
misconduct. The institution can initiate investigations on its own or based on complaints received from
the public.

2. Search and Seizure: The Lokayukta has the power to conduct searches and seizures in the premises of
public servants suspected of engaging in corrupt practices. This includes the authority to search homes,
offices, and other properties associated with the accused to gather evidence.

3. Arrest Powers: While the Lokayukta does not have the power to arrest without a warrant, it can
recommend the arrest of public servants involved in serious cases of corruption to the appropriate law
enforcement authorities.

4. Disciplinary Actions: The Lokayukta can recommend disciplinary action against public servants found
guilty of corruption or misconduct. This includes actions like suspension, dismissal, or other punitive
measures.

5. Judicial Powers: The Karnataka Lokayukta can approach the High Court for orders or directions in
cases where it finds the need for judicial intervention, particularly concerning the enforcement of its
recommendations.

Functions of Karnataka Lokayukta

1. Complaint Handling: The Lokayukta receives complaints from citizens regarding corruption and
maladministration in public offices. It ensures that complaints are registered and investigated promptly.

2. Investigation and Inquiry: Upon receiving complaints, the Lokayukta conducts thorough investigations
and inquiries. This process includes examining documents, interviewing witnesses, and collecting
evidence to substantiate the allegations.

3. Public Awareness and Education: The Lokayukta undertakes initiatives to educate the public about
their rights and the mechanisms available for reporting corruption. This is crucial for empowering
citizens to actively participate in the fight against corruption.

4. Recommendations for Systemic Improvements: Beyond individual cases, the Lokayukta identifies
systemic issues within public administration that contribute to corruption. It makes recommendations to
the government for policy and administrative reforms aimed at improving governance.

5. Coordination with Other Agencies: The Lokayukta collaborates with various government departments,
law enforcement agencies, and civil society organizations to strengthen efforts against corruption. This
coordination is essential for effective investigations and the implementation of anti-corruption
measures.

Impact on Public Administration

1. Enhancing Accountability: The Lokayukta serves as a critical mechanism for holding public officials
accountable for their actions. By investigating corruption allegations and recommending punitive
measures, it fosters a culture of accountability within public administration.

2. Promoting Transparency: The work of the Lokayukta promotes transparency in government

operations. By scrutinizing the actions of public servants and exposing corrupt practices, it encourages a
more open and accountable administration.

3. Empowering Citizens: The Lokayukta empowers citizens by providing them with a platform to voice
their concerns regarding corruption. This participatory approach encourages public involvement in
governance and reinforces the principle of government accountability to the people.

4. Deterrence of Corruption: The existence of the Lokayukta and its investigative powers act as a
deterrent to corrupt practices among public servants. Knowing that their actions are subject to scrutiny
makes officials more cautious and less likely to engage in corrupt activities.

5. Encouraging Administrative Reforms: The Lokayukta's recommendations for systemic improvements

often lead to necessary reforms in public administration. These reforms can streamline processes,
enhance service delivery, and reduce opportunities for corruption.

Procedure of Karnataka Lokayukta

1. Filing of Complaints: The process begins with the filing of a complaint by an individual or a group.
Complaints can be lodged in person, via post, or online, depending on the available mechanisms. The
complaint must provide specific details regarding the allegations, including the names of the accused,
the nature of the complaint, and any supporting evidence.

2. Preliminary Inquiry: Upon receiving a complaint, the Lokayukta conducts a preliminary inquiry to
ascertain whether the allegations are credible and fall within its jurisdiction. This stage involves
collecting initial information and evaluating the merits of the complaint.

3. Investigation: If the preliminary inquiry indicates sufficient grounds, a detailed investigation is

initiated. The Lokayukta has the authority to summon witnesses, examine documents, and collect
evidence relevant to the case. Investigators can also conduct searches and seizures as deemed
necessary.

4. Interim Measures: If the investigation reveals serious allegations, the Lokayukta may recommend
interim measures to prevent further wrongdoing. This could include suspending the accused public
servant from duty or implementing safeguards to protect evidence.

5. Preparation of Report: After completing the investigation, the Lokayukta prepares a detailed report
outlining the findings, conclusions, and recommendations. The report may include suggestions for
disciplinary action against the accused, systemic reforms, or measures to improve governance.

6. Submission to Authorities: The report is submitted to the appropriate authorities, which may include
the government, relevant departments, or disciplinary boards. While the Lokayukta's recommendations
are not binding, they carry significant weight and are generally taken seriously by the government.

7. Public Disclosure: In certain cases, the Lokayukta may choose to make the findings public, particularly
if they involve high-profile individuals or systemic corruption. Public disclosure can enhance
transparency and serve as a deterrent against future misconduct.

6. Explain the composition, powers and functions of Central Vigilance Commission or Write a note on
role of Central Vigilance Commission and its status. (5)

Composition of the Central Vigilance Commission

1. Appointment: The CVC is constituted by the Government of India through a notification. The
commission is appointed by the President of India on the recommendation of the Prime Minister,
ensuring a level of political neutrality in its functioning.

2. Members: The CVC consists of a Central Vigilance Commissioner (CVC) and up to two Vigilance
Commissioners. The composition is as follows:

o Central Vigilance Commissioner: The CVC is the head of the commission and holds the rank of
Secretary to the Government of India.

o Vigilance Commissioners: There may be two Vigilance Commissioners who assist the CVC in
performing its duties. They are appointed for a tenure of four years, subject to the age limit of 65 years.
3. Qualifications: The members of the CVC are typically chosen from amongst individuals who have held
positions of high authority and responsibility in the government or public sector, including retired IAS,
IPS, or other senior officers with substantial experience.

4. Independence: The CVC operates independently and is not subject to the control of any other
executive authority. Its members cannot be removed from office except in the manner and on the
grounds prescribed for the removal of a High Court judge.

Powers of the Central Vigilance Commission

1. Investigation Powers: The CVC has the authority to investigate allegations of corruption and
misconduct against public servants, including those in public sector undertakings (PSUs). It can initiate
investigations on its own or based on complaints received from the public or other sources.

2. Supervisory Powers: The CVC supervises the vigilance administration of various ministries and
departments of the central government. It can direct the vigilance officers in these departments and
ensure adherence to vigilance norms and procedures.

3. Advisory Powers: The CVC can advise the government on matters related to vigilance, corruption, and
misconduct. This advisory role extends to recommending disciplinary action against officials found guilty
of corruption or misconduct.

4. Power to Frame Policies: The CVC has the authority to frame policies for the prevention of corruption
and to issue guidelines for the conduct of vigilance investigations.

5. Power to Recommend: The CVC can recommend the appointment of Special Investigating Teams
(SITs) for complex cases of corruption and can also suggest the transfer of officials implicated in
corruption.

Functions of the Central Vigilance Commission

1. Preventive Vigilance: One of the primary functions of the CVC is to implement preventive measures to
curb corruption in public administration. This involves identifying vulnerable areas in government
processes and suggesting corrective measures to enhance transparency.

2. Conducting Investigations: The CVC investigates cases of corruption and misconduct involving public
servants. It has the authority to conduct inquiries, summon witnesses, and gather evidence to
substantiate allegations of corruption.

3. Public Awareness: The CVC plays a crucial role in creating awareness about the ill effects of corruption
among the public and government officials. It conducts campaigns, workshops, and seminars to promote
ethical conduct and integrity.

4. Policy Formulation: The CVC advises the government on formulating policies aimed at preventing
corruption. It assesses existing policies and suggests improvements to enhance effectiveness in
combating corruption.
5. Reviewing Complaints: The CVC reviews complaints related to corruption and misconduct. It ensures
that complaints are investigated promptly and that appropriate action is taken against officials found
guilty of corruption.

6. Coordination with Other Agencies: The CVC coordinates with various anti-corruption agencies,
including the Central Bureau of Investigation (CBI) and state vigilance commissions, to strengthen the
fight against corruption. This collaboration enhances the effectiveness of anti-corruption efforts across
different levels of government.

7. Reporting: The CVC submits an annual report to the President of India, outlining its activities, findings,
and recommendations. This report is presented to Parliament, ensuring transparency and accountability
in its operations.

7. Explain the establishment, jurisdiction and powers of Lokpal under the Lokpal Act.

The Lokpal and Lokayuktas Act, 2013, marks a significant milestone in India’s fight against corruption.
Established as an independent institution, the Lokpal serves to address grievances related to corruption
and ensure accountability in public services. This essay explores the establishment, jurisdiction, and
powers of the Lokpal, along with relevant cases that highlight its functions.

Establishment of Lokpal

1. Background: The demand for a Lokpal dates back to the early 1960s. The term "Lokpal" is derived
from the Sanskrit words "Lok" (people) and "Pal" (protector), essentially meaning a protector of the
people. Over the years, several drafts and proposals were made to establish an anti-corruption
ombudsman. However, it was not until the Anna Hazare-led anti-corruption movement in 2011 that the
Lokpal issue gained significant public attention.

2. Enactment of the Lokpal Act: The Lokpal and Lokayuktas Act was enacted by the Parliament of India
on December 18, 2013. It aimed to establish a Lokpal at the central level and Lokayuktas at the state
level to address corruption in government institutions.

3. Composition: The Lokpal comprises a chairperson and a maximum of eight members, of which 50%
must be from the judiciary, and at least 50% must be from among persons of integrity and outstanding
ability with knowledge of public administration, law, and social work. The chairperson is appointed by
the President of India based on recommendations from a selection committee.

Jurisdiction of Lokpal

1. Scope of Jurisdiction: The Lokpal has jurisdiction over the following categories of individuals:

o Public Servants: This includes the Prime Minister, Ministers, Members of Parliament, and other
government officials in the central government.

o Group A, B, C, and D employees: Employees of central government ministries and departments,

including public sector undertakings.
o Other Organizations: The Lokpal has jurisdiction over organizations that receive government funding
and those involved in the implementation of government schemes.

2. Exclusions: The Lokpal does not have jurisdiction over:

o The Prime Minister in matters related to national security or foreign affairs.

o Judges of the Supreme Court and High Courts, as they are governed by separate procedures.

3. Complaints: The Lokpal is empowered to receive complaints of corruption from any individual or
organization, including anonymous complaints, against public servants. The complaints can pertain to
actions that are alleged to be corrupt or to have caused loss to the government.

Powers of Lokpal

1. Investigative Powers: The Lokpal has the authority to conduct inquiries and investigations into
complaints received. It can summon and enforce the attendance of witnesses, compel the production of
documents, and seek assistance from various government agencies to gather evidence.

2. Interim Relief: The Lokpal has the power to grant interim relief to complainants during the pendency
of an inquiry or investigation, ensuring that the complainant does not face harassment or adverse
consequences while the investigation is ongoing.

3. Disciplinary Action: Upon concluding an investigation, if the Lokpal finds sufficient grounds to
proceed, it can recommend disciplinary action against the accused public servant. This includes
recommendations for criminal prosecution, suspension, or departmental proceedings.

4. Prosecution Powers: The Lokpal has the authority to file cases against public servants in the
appropriate court based on the evidence collected during its investigations. The Lokpal can initiate
criminal proceedings under the Prevention of Corruption Act, 1988, and other relevant laws.

5. Advisory Role: The Lokpal can also advise the government on policies and measures to enhance
transparency and integrity in governance, thus playing a proactive role in preventing corruption.

- Ramesh Chand v. State of Chhattisgarh (2017): In this case, the Supreme Court upheld the
constitutionality of the Lokpal and Lokayuktas Act, affirming that the Lokpal is a vital institution in
combating corruption and ensuring accountability in governance. The court emphasized that the
Lokpal's investigative powers should not be diluted, underscoring the importance of its role in protecting
public interest.

- Common Cause v. Union of India (2019): In this landmark judgment, the Supreme Court directed the
government to appoint the chairperson and members of the Lokpal within a stipulated timeframe. The
court highlighted the urgency of operationalizing the Lokpal to address rampant corruption and ensure
accountability in public offices.

unit 5 - 6 marks
1. scope of commission of lnquiry Act, 1952 (3)

The Commission of Inquiry Act, 1952, is a crucial piece of legislation in India that provides for the
establishment of commissions of inquiry to investigate matters of public importance. This Act aims to
ensure transparency, accountability, and effective governance by addressing issues that require detailed
examination and investigation. Here, we explore the scope, objectives, and significance of the
Commission of Inquiry Act, 1952.

1. Purpose and Objectives: The primary objective of the Commission of Inquiry Act is to provide a
framework for conducting inquiries into specific issues or events that have significant public or national
importance. These inquiries can be initiated by the government to investigate matters such as:

• Corruption: Investigating allegations of corruption in public offices or organizations.

• Public Safety: Inquiring into incidents that threaten public safety, such as disasters, riots, or large-scale
accidents.

• Policy Failures: Assessing the effectiveness of government policies and programs, especially when
there is public outcry or dissatisfaction.

• Social Issues: Examining social injustices, communal tensions, or any issue that may disrupt social
harmony.

2. Formation of Commissions: Under the Act, the government has the authority to appoint a commission
of inquiry by issuing a notification. The commission may consist of a single member or a group of
members, including retired judges, legal experts, and individuals with relevant experience. The
appointment and composition of the commission are at the discretion of the government, which can
choose members based on their expertise and integrity.

3. Powers of the Commission: The Commission of Inquiry has wide-ranging powers to conduct its
investigations. These include:

• Summoning Witnesses: The commission can summon individuals to appear before it and provide
testimony relevant to the inquiry.

• Document Examination: It has the authority to demand and examine documents, records, and other
materials pertinent to the investigation.

• Administering Oaths: Witnesses can be required to take oaths before giving evidence, ensuring the
integrity of the testimony.

• Report Submission: After completing the inquiry, the commission must submit its report to the
government, which may then take necessary actions based on the findings.

4. Legal Provisions and Protections: The Act outlines specific legal protections for witnesses and
individuals providing information to the commission. For instance, witnesses cannot be prosecuted
based on evidence given before the commission, fostering an environment where individuals feel safe to
provide honest testimony. Additionally, the commission is not bound by the strict rules of evidence
applicable in courts, allowing for a more flexible inquiry process.

5. Significance of the Act: The Commission of Inquiry Act, 1952, holds significant importance in the
Indian legal and governance framework for several reasons:

• Public Accountability: It serves as a mechanism for holding public officials and institutions accountable
for their actions, thereby enhancing governance.

• Public Participation: By investigating matters of public interest, the commission allows citizens to
participate in governance and express their concerns.

• Transparency: The inquiries conducted under this Act promote transparency in government
functioning and decision-making processes.

• Policy Improvement: Recommendations made by the commission can lead to policy reforms and
improvements in public administration, ultimately benefiting society.

2. write a note on classification and Functions of public corporation (3)

Public corporations are government-owned entities created to provide goods and services that are
deemed essential for the welfare of society. They operate in various sectors, ranging from utilities to
transportation, and are established to fulfill specific public objectives. This note discusses the
classification and functions of public corporations in detail.

Classification of Public Corporations

1. Based on Ownership:

o Fully Government-Owned Corporations: These corporations are entirely owned by the government.
Examples include the Indian Railways and Bharat Petroleum Corporation Limited.

o Partially Government-Owned Corporations: These have a mix of government and private ownership.
For instance, the State Bank of India (SBI) has both public and private shareholders.

2. Based on Function:

o Commercial Corporations: These entities operate in a competitive environment and are expected to
generate profit while providing essential services. Examples include public sector banks and
manufacturing enterprises like Hindustan Aeronautics Limited (HAL).

o Non-Commercial Corporations: These corporations do not primarily focus on profit generation.

Instead, their main aim is to provide services to the public. Examples include the Postal Service and
various public transport systems.

3. Based on Sector:
o Industrial Corporations: Engaged in manufacturing and production activities, these corporations
contribute to industrial development. For instance, the Steel Authority of India Limited (SAIL) falls under
this category.

o Service Corporations: These focus on providing services rather than goods. Examples include the
Water Supply and Sewerage Boards.

4. Based on Jurisdiction:

o Central Public Corporations: Established by the central government, these corporations operate at the
national level. Examples include Indian Oil Corporation (IOC).

o State Public Corporations: Established by state governments, these operate within specific states. For
example, the Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL).

Functions of Public Corporations

1. Provision of Essential Services: Public corporations are responsible for providing essential services
such as electricity, water supply, and public transportation, ensuring that these vital services are
accessible to all sections of society.

2. Economic Development: By investing in infrastructure and industrial development, public

corporations contribute significantly to the economic growth of the country. They often engage in
sectors that require substantial capital investment, such as mining, manufacturing, and energy
production.

3. Job Creation: Public corporations are major employers and contribute to job creation in various
sectors. They often provide stable employment opportunities with benefits, helping to reduce
unemployment rates.

4. Regulation and Control: Public corporations help regulate and control certain sectors that are critical
to the public interest. For example, they may oversee the pricing of essential commodities to prevent
exploitation and ensure fair access.

5. Social Welfare: Many public corporations are established to address social issues and promote
welfare programs. They often engage in initiatives aimed at improving health, education, and living
standards, especially for marginalized communities.

6. Research and Development: Public corporations invest in research and development to innovate and
improve the quality of goods and services they offer. This is particularly important in sectors like
healthcare and technology.

7. Facilitating Government Policies: Public corporations play a vital role in implementing government
policies and programs. They often act as vehicles for executing development plans and welfare schemes.