LEAD TO WIN PRESENTS

ADMINISTRATIVE LAW (3/3)

BY DASARI SUDHIR
(Ph.No: 9346511881)

INDEX
S.NO PARTICULARS PAGE NO.
1 PART A IMPORTANT QUESTIONS 01-07

2 PART B IMPORTANT QUESTIONS 07-31

3 PART C PREVIOUS QUESTION PAPER SOLUTIONS 31-48

PART A IMPORTANT QUESTIONS

1. Definition of Administrative law

Administrative law is a branch of law that governs the functions and actions of administrative
agencies of the government, including central, state, and local government agencies. The legal
framework of administrative law in India is derived from the Constitution of India and various
statutes, rules, and regulations. Administrative law deals with the powers, functions, duties,
and procedures of administrative agencies, as well as the rights and remedies available to
individuals affected by their actions. It covers various aspects of public law, including
constitutional law, civil rights, human rights, and environmental law.

2 . Meaning of Administrative law

Administrative law is a set of legal rules and principles that regulate the operation of
administrative agencies and their relations with other entities. Administrative law sets out the
procedures and standards that govern the decision-making process of administrative agencies.

It ensures that the actions of administrative agencies are in accordance with the law and are
guided by principles of natural justice, fairness, and transparency. The primary objective of
administrative law is to protect the interests of citizens, promote the rule of law, and ensure
accountability and efficiency in the functioning of administrative agencies.

3. Welfare state

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The concept of a welfare state refers to the government's role in promoting the welfare and
well-being of its citizens. The concept is based on the idea that the government has a
responsibility to provide for the basic needs of its citizens, including healthcare, education,
social security, employment, and other public services. In India, the concept of a welfare state is
enshrined in the Constitution, which directs the state to promote the welfare of the people and
create social, economic, and political conditions that enable the citizens to live a comfortable
and dignified life.

4. Evolution of Administrative Law

The evolution of administrative law has been shaped by various judicial decisions and legislative
enactments. The concept of judicial review was established by the Supreme Court of India in
the landmark decision of State of Madras v. Champakam Dorairajan (1951). The court held
that the government's actions must conform to the principles of natural justice and equality
before the law. This decision laid the foundation for the development of administrative law in
India.

The evolution of administrative law was further accelerated by the passage of the
Administrative Tribunals Act (1985), which established tribunals to hear disputes related to the
actions of administrative agencies. The enactment of the Right to Information Act (2005)
further strengthened administrative law in India by ensuring transparency and accountability in
the functioning of government agencies.

5.Inquiry commission

An inquiry commission is a body appointed by the government to investigate matters of public interest.
The commission is usually headed by a retired judge or senior bureaucrat. The landmark case of Ram
Manohar Lohia v. State of Bihar (1966) recognized the importance of inquiry commissions in India and
held that the report of such a commission can be used as evidence in a court of law.

6. Theory of separation of powers

The theory of separation of powers is important principle that is enshrined in the Indian Constitution,
according to which the three branches of the government – executive, legislative, and judiciary – are
separate and distinct from each other.

7. Theory of checks and Balances

The doctrine of checks and balances is also inherent in the principle of separation of power, and it
ensures that each branch of government has the power to check the others, thereby ensuring that no
one branch acquires too much power.

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8. Supremacy of law

The supremacy of law, which holds that the law is the supreme authority in the land, and every
individual and organization, is subject to the law, including the government.

9. Equility Before law

The principle of equality before the law means that everyone is treated equally by the law, regardless of
their social, economic, or political status.

10. Rule of law under Indian constitution

The concept of Rule of Law is fundamental to the Indian Constitution and is enshrined in Article 14,
which provides for equality before the law and equal protection of law to all persons. The principle of
Rule of Law requires that the law is supreme, and no person, including the government, is above the
law. The government must act within the framework of the law, and its actions must be just, fair, and
reasonable.

In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the
doctrine of Rule of Law is a basic feature of the Constitution and cannot be abrogated, even by
Parliament through constitutional amendments.

The principle of Rule of Law also requires that no person shall be deprived of his life or personal liberty
except according to the procedure established by law, as provided for in Article 21 of the Constitution.
This has been reinforced by the Supreme Court in cases such as Maneka Gandhi v. Union of India
(1978), where it held that the right to life and personal liberty is not confined to mere animal existence,
but also includes the right to live with human dignity.

11. Quasi legislative function

A quasi-legislative function is a function that is performed by administrative authorities when they make
rules, regulations, by-laws or orders, which have the force of law. These rules are made within the limit
of delegated authority conferred on them by the legislature or the Constitution. One of the landmark
cases in India regarding quasi-legislative functions is State of Rajasthan v. Union of India (1977), where
the Supreme Court laid down that a delegated legislation must conform to the parent act and cannot be
arbitrary, discriminatory, or irrational.

12.ministerial function

A ministerial function is a task or duty of an administrative authority that involves carrying out the
policies and decisions of the government. These functions are fairly routine and involve the execution of
decisions made by higher authorities. A leading Indian case on ministerial functions is National Textile

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Workers' Union v. P.R. Ramakrishnan (1983), which held that when the administration deals with
service matters of employees, like appointments, transfers, promotions, etc., the exercise of the
administrative authority is essentially ministerial in nature.

13.meaning of Delegated legislation.

Delegated legislation refers to the law-making power that has been delegated by the legislature to
administrative authorities. This power to make rules, regulations, orders, and by-laws is conferred by
the parent act. These delegated laws must conform to the limits prescribed by the parent act and are
subject to judicial review. A leading Indian case on delegated legislation is State of Orissa v. Madan
Gopal Rungta (1952), where it was held that delegated legislation must be subordinate to the enabling
act and cannot go beyond the limits of the parent act.

14.Quasi judicial function

A quasi-judicial function is a function performed by administrative authorities when they adjudicate

disputes and decide cases between two or more parties. This function is carried out in accordance with
the principles of natural justice, and the decision made by the administrative authority is binding unless
challenged in a court of law. A leading Indian case regarding quasi-judicial function is Union of India v.
Tulsiram Patel (1985), which held that an administrative decision-maker exercising quasi-judicial
functions must act fairly and impartially, and must apply the principles of natural justice.

15.Henry VIII Class

Henry VIII class clauses are provisions that enable the executive to amend or repeal primary legislation
without the need for further parliamentary approval. Such clauses are termed as Henry VIII clauses and
are considered to be against the spirit of the Constitution. However, the Indian Constitution does not
have such provisions.

16. Fair Hearing

This principle stipulates that any individual who is likely to be adversely affected by a delegated
legislation has the right to be heard before the legislation is made. This common law principle is now a
legal right in India, and any delegated legislation made without providing for an opportunity to be heard
is considered arbitrary and unreasonable. The landmark case of Maneka Gandhi v. Union of India
(1978) recognized the right to a fair hearing as an essential part of the right to life and personal liberty
guaranteed by the Constitution.

17. Procedure for alter vires

This principle entails that the delegated legislation must follow the rules and procedures laid down in
the main Act granting the power before making a regulation. Any violation of such rules or procedures
renders the delegated legislation void. This principle was established in the case of A.K. Roy v. Union of

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India (1982), where the court declared that any delegated legislation enacted without following the
prescribed procedure is ultra vires and unconstitutional.

18. Pentary Baise

This rule stipulates that any delegated legislation must conform to the five senses of Article 14 of the
Constitution, namely, equality before the law, absence of discrimination, reasonableness, fairness, and
non-arbitrariness. In the case of State of Punjab v. Khan Chand (1976), the Supreme Court held that
delegated legislation that violates any of these principles is invalid.

19. personal Baise

This principle prohibits the exercise of delegated powers for personal gain, pecuniary or otherwise. In
the case of M. Narayanan v. Union of India (1969), the Supreme Court declared that any delegated
legislation made for the personal advantage of the authority making it is unconstitutional.

20. Audit Alter Baise

This rule specifies that the delegated representation must be subject to legislative supervision and
control. The court, in the case of Mohd. Yasin v. Town Area Committee, Jalalabad (1976) held that
delegated legislation that leaves no room for legislative scrutiny is void.

21. Doctrine of proportionality (welfare principle)

This principle states that delegated legislation must balance the principle of social welfare with
individual rights. This principle was established in the case of Om Kumar v. Union of India (2001), where
the court held that any delegated legislation that transgresses the limits of reasonableness cannot be
sustained under the doctrine of proportionality.

22. Subject matter Baise

This principle restricts delegated legislation's scope to the subject matters specified in the main Act
granting such powers. In the case of Dwarka Nath v. Income Tax Officer (1965), the Supreme Court held
that any delegated legislation that oversteps its jurisdiction exceeds its authority and is ultra vires.

23. RTI (Right to Information act)

The RTI Act, 2005 empowers citizens to seek information from public authorities. It mandates timely
response and disclosure of information by these authorities. The landmark case of Central Board of
Secondary Education v. Aditya Bandopadhyay (2011) held that the RTI Act is a powerful tool in the
hands of the citizens and the public authorities must provide timely and accurate information.

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24. Writs

Writs are court orders issued by the judiciary to enforce fundamental rights and to prevent the violation
of these rights by the state or its agents. In India, there are five types of writs - habeas corpus,
mandamus, prohibition, certiorari, and quo warranto. The landmark case of ADM Jabalpur v. Shivkant
Shukla (1976) held that even during an emergency, the writ of habeas corpus cannot be suspended.

25. Public interat legislation (PIL)

PIL is a legal mechanism that allows citizens to bring a matter of public interest to the attention of the
judiciary and seek redressal. The landmark case of S.P. Gupta v. Union of India (1981) recognized the
concept of PIL in India and held that any public-spirited person can file a PIL petition irrespective of legal
standing.

26. Promissory Estoppel

Promissory estoppel is a doctrine that allows parties to rely on promises made by one another and claim
legal rights based on those promises, even if there is no formal contract in place. The landmark case of
Union of India v. Anglo Afghan Agencies (1968) recognized the doctrine of promissory estoppel in India.

27. Lok pal

Lokpal refers to an ombudsman appointed to investigate and address complaints of corruption by public
officials. The Lokpal and Lokayuktas Act, 2013 established the Lokpal in India. The landmark case of
Common Cause (A Regd. Society) v. Union of India (2015) directed the government to appoint a Lokpal
without any further delay.

28. Lok Ayukta

Lokayukta is a corruption ombudsman who investigates complaints against public officials in states.
Several states in India have enacted their own Lokayukta laws. The landmark case of Upendra Baxi v.
State of Uttar Pradesh (1987) recognized the need for a Lokayukta in India to address corruption at the
state level.

29. State liability

State liability refers to the responsibility of the state to compensate individuals for damage or harm
caused to them by the actions of its officials or agents. The landmark case of Kasturilal v. State of Uttar
Pradesh (1965) held that the state is vicariously liable for the tortious acts of its officials and agents.

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30. Droit Administrative

Droit administratif refers to the branch of law that deals with the rights and powers of administrative
authorities. It is a separate body of law that governs the functioning of administrative agencies. The
landmark case of Cooper v. Union of India (1970) recognized the role of Droit administratif in India and
held that administrative agencies must act within the bounds of their statutory powers.

PART B IMPORTANT QUESTIONS

Q1. Define Administrative Law

Administrative law is a branch of law that deals with the legal principles governing the functions and
processes of administrative agencies or bodies operating within a state. It regulates the ways in which
administrative decisions are made, and ensures that those decisions comply with the legal norms of
fairness, transparency, reasonableness, and accountability. In India, administrative law is closely linked
to the Constitution since it provides for the powers, functions, and limitations of administrative
authorities.

One of the important cases that established the importance of administrative law is the case of A.K.
Kraipak v. Union of India (1969), where the Supreme Court of India held that judicial review under
administrative law serves as a check on administrative action of the state, thereby ensuring that
executive or administrative actions are carried out in accordance with law.

Another important case that illustrates the operation of administrative law is the case of ONGC v. Utpal
Kumar Basu (1994). In this case, the Supreme Court held that administrative decisions are subject to
judicial review on grounds of illegality, irrationality, and procedural impropriety.

Furthermore, in the case of State of Orissa v. Binapani Dei (1967), the Supreme Court recognized that
administrative authorities are bound to follow the principles of natural justice while making decisions
affecting the rights of individuals. This principle has been developed further in subsequent cases, such as
Maneka Gandhi v. Union of India (1978) and Union of India v. K.S. Subramanian (1977), where the
court held that natural justice, including the right to be heard, is a fundamental aspect of administrative
law.

These cases, among others, demonstrate the importance of administrative law in India, and how it
ensures that administrative authorities operate in a manner that is consistent with the rule of law and
the Constitution.

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Q2. Explain the Nature and Scope of Administrative law.

Administrative Law is a branch of public law that regulates the functioning and control of administrative
agencies of the state. It sets out the principles, rules, and procedures that govern the exercise of powers
and functions by administrative authorities.

The scope of Administrative Law covers a wide range of administrative activities undertaken by the
government, including decision-making, rule-making, implementation of policies, and the control and
supervision of administrative agencies. It governs the relationship between the state and its citizens, and
ensures that administrative authorities act in a fair, just, and reasonable manner.

Some of the key areas covered under Indian Administrative Law include the following:

1. Administrative Tribunals: This area deals with the establishment and working of specialized tribunals
to decide disputes arising out of administrative actions.

2. Judicial Review: This area covers the power of courts to review administrative actions and decisions,
and includes principles such as natural justice, fairness, and reasonableness.

3. Administrative Procedures: This area deals with the rules and procedures that administrative
authorities must follow while making decisions or taking actions.

4. Administrative Discretion: This area covers the scope and limits of administrative discretion, and the
principles that guide the exercise of such discretion.

5. Administrative Liability: This area deals with the accountability of administrative authorities for their
actions, and includes principles such as transparency, responsibility, and redressal.

Overall, Indian Administrative Law seeks to ensure that administrative authorities act in accordance with
the principles of the rule of law, and that citizens are protected from arbitrary or unreasonable exercise
of power by the state.

Q3. Reasons for the growth of Administrative law.

There are various reasons for the growth of Administration law, some of which are as follows:

1. Complexities of modern administration: With the expansion of the state, the complexities of modern
administration have increased. The administration has to deal with various types of public services,
projects, businesses, and sectors, including issues such as environmental regulation, public health, and
education. As a result, there is a growing need for administrative laws and regulations to manage this
complexity.

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2. Rise of the welfare state: The concept of the welfare state involves a government that is responsible
for providing various social services to the public, such as healthcare, education, and social security.
With the rise of the welfare state, there is a greater need for administrative law to regulate the
functioning of the government and ensure that these services are delivered effectively.

3. Need for accountability: One of the main functions of administrative law is to ensure that the
government is accountable to the public it serves. In India, the judiciary has played a significant role in
promoting accountability by passing judgments and setting precedents that have enhanced the efficacy
of administrative law in the country.

4. Rapid economic growth: India has experienced rapid economic growth over the last few decades,
resulting in increased public and private investment in infrastructure projects, initiatives to promote
trade and commerce, and business regulation. These developments have led to the creation of new
administrative bodies and institutions, which require a legal framework for their functioning.

Overall, the growth of administrative law in India has occurred due to various factors, including the
complexities of modern administration, the rise of the welfare state, the need for accountability, and
rapid economic growth. These factors have played a significant role in shaping administrative law, and
its ongoing development continues to be shaped by similar factors as the country progresses.

Q4. Define Administrative law and Relationship between the Administrative law and
constitutional Law.

Administrative law can be defined as the body of law that governs the activities of administrative
agencies of the government. It encompasses the rules, regulations, policies, practices, and decisions of
administrative bodies that impact the rights and interests of individuals and organizations.
Administrative law seeks to ensure that public officials act fairly, transparently, and accountably while
exercising their powers.

The relationship between administrative law and constitutional law is that administrative law is
derived from constitutional law. The Constitution of India provides for the separation of powers among
the legislature, executive, and judiciary. Administrative law governs the executive branch of the
government, which comprises various administrative agencies and bodies. The Constitution provides for
checks and balances on the exercise of powers by the executive, and administrative law ensures that
such powers are not abused.

Some of the landmark cases that highlight the relationship between administrative law and
constitutional law are:

1. Maneka Gandhi v Union of India (1978): The Maneka Gandhi v Union of India case established that
the principles of natural justice form an integral part of administrative law in India.

2. Olga Tellis v Bombay Municipal Corporation (1985): In the Olga Tellis v Bombay Municipal
Corporation case, the court held that administrative actions must not violate constitutional rights.

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3. A.K. Kraipak v Union of India (1969): The A.K. Kraipak v Union of India case established the principle
of natural justice and the requirement for unbiased decision-making in administrative decision-making.

4. Kesavananda Bharati v State of Kerala (1973): The Kesavananda Bharati v State of Kerala case is a
landmark constitutional law case that set the basic structure doctrine of the Constitution of India, which
is fundamental to determining the limits of administrative action.

Overall, administrative law and constitutional law are closely related, with administrative law playing an
important role in ensuring the accountability and transparency of administrative bodies.

5.Explain the sources of the Administrative Law.

Sources of Administrative Law:

1. Statutes: Legislative enactments or statutes form the primary source of administrative law. For
example, The Right to Information Act, 2005 is a statutory provision that lays down the rules and
procedures governing the right to information.

2. Judicial Decisions: Judicial decisions are another significant source of administrative law. For example,
the principles of natural justice, the doctrine of ultra vires, and the rule against bias have been
established through various judicial pronouncements, which form part of the administrative law.

3. Conventions: Conventions or unwritten rules that are accepted and followed over time by
administrative authorities can also form a source of administrative law. For example, the practice of
having a single member inquiry committees when conducting departmental inquiries has become a
convention in public administration.

4. Custom and Traditions: Custom and traditions followed by an administrative authority over a long
period of time can also form a source of administrative law. For example, the provision of pension to
government employees is not based on any statute but has become a custom and tradition that has
gained the force of law.

5. International Treaties and Agreements: International treaties and agreements that are ratified by the
Indian government can also form a source of administrative law. For example, the International Labour
Organisation (ILO) Convention concerning Equal Remuneration for Men and Women Workers for Work
of Equal Value, 1951 has been ratified by India, and its provisions have become part of administrative
law.

Q6. Basic Concepts of Administrative Law.

The Basic Concepts of Administrative Law in Indian Administrative Law are as follows:

1. Delegated Legislation:

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Delegated Legislation means the power delegated by the legislature to the executive to make laws. In
India, the executive has the power to make laws under Article 77(3) of the Constitution. The delegated
legislation needs to be within the framework and scope of the parent Act, and any jurisdiction beyond it
would be deemed ultra vires.

Case Example: In LIC v. Consumer Education and Research Centre, a five-judge bench of the Supreme
Court held that the regulations formed under the sub-section of Section 30 of the LIC Act of 1956 is ultra
vires.

2. Rule of Law:

Rule of Law means that no one is above the law, and all persons in a society, regardless of their status or
position, must be equal before the law. In India, the concept of Rule of Law is implicit in the constitution
under Articles 14, 19, and 21.

Case Example: In Maneka Gandhi v. Union of India, the Court held that the procedure established by
law provided by Article 21 of the Constitution must be reasonable, just, and fair for personal liberty.

3. Natural Justice:

Natural Justice refers to the principles of fairness and equity that govern decision-making processes. The
rules of natural justice are often applied to quasi-judicial and administrative decisions in India.

Case Example: In ONGC v. Uday Kumar Singh, the Supreme Court held that principles of natural justice
apply to domestic inquiries, and the right to cross-examination and a personal hearing is an integral part
of the principles of natural justice.

4. Administrative Tribunals:

Administrative Tribunals are specialized quasi-judicial bodies that deal with disputes arising from
administrative decisions. These tribunals were established under the Administrative Tribunals Act of
1985 in India.

Case Example: In L. Chandra Kumar v. Union of India, the Supreme Court held that administrative
tribunals have exclusive jurisdiction to the extent of conferral of jurisdiction, and they are not
subordinate courts under Article 227 of the Constitution.

5. Judicial Review:

Judicial Review means the powers of the courts to examine the actions of the executive and the
legislative branches of government, and to determine the constitutionality, legality, and propriety of
those actions.

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Case Example: In State of U.P. v. Mohammed Naim, the Supreme Court held that the judicial review is
an essential feature of the Constitution and inferred the implied power of judicial review from Articles
32, 226, and 227 of the Constitution.

Q7. Explain the principle of Rule of Law (Dice ret non praetor)

The principle of Rule of Law means that every person, including those in government, is subject to the
law. No one is above the law, and all laws must be made in accordance with a set of principles and
procedures that ensure a fair and just legal system. The principle is expressed by the Latin phrase "Dicer
et non praetor" which means "It is for the courts to interpret and apply the law, not for the executive
branch".

According to Indian administrative law, Rule of Law means that the law is supreme, and it must be
applied equally to all citizens, regardless of their position or status. The judiciary is the ultimate arbiter
of the law, and it must remain independent from the influence of the executive and legislative branches
of government. This principle ensures that there is no arbitrary use of power by the government, and
that the rights of the people are protected.

The Supreme Court of India has played a crucial role in upholding the principle of Rule of Law. In the
case of R.C. Cooper v. Union of India (1970), the Supreme Court held that the principle of Rule of Law is
an essential feature of the Constitution, and it is implicit in the concept of a democratic society. In
another case of State of West Bengal v. Anwar Ali Sarkar (1952), the Supreme Court held that the Rule of
Law is a fundamental feature of the Indian Constitution.

The principle of Rule of Law has been used by the judiciary in India to strike down laws that violate
fundamental rights. In the case of Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held
that the Rule of Law requires that the Constitution be the ultimate authority, and that the power of
Parliament to amend the Constitution must be subject to judicial review.

In conclusion, the principle of Rule of Law is a fundamental principle of Indian administrative law. It
ensures that the law is supreme, and that every citizen is subject to it. The judiciary is the ultimate
arbiter of the law, and it must remain independent from the influence of the executive and legislative
branches of government. The principle has played a crucial role in ensuring that the rights of the people
are protected, and that there is no arbitrary use of power by the government.

Q8. modern trends of Rule of Law.

The Rule of Law is one of the fundamental principles of the Indian Constitution. It means that everyone
is equal before the law and nobody is above the law, including the government. The Rule of Law ensures
that the government acts within the limits of its authority and that the citizens have the right to legal
remedies if their rights are infringed. In recent years, there have been some modern trends in the
application and interpretation of the Rule of Law in India, which have been demonstrated by some
landmark cases.

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One of the most significant trends is the use of Public Interest Litigation (PIL) to enforce the Rule of
Law. PIL is a legal action initiated in a court of law for the enforcement of public interest or general
interest in which the public or a class of people has a pecuniary or other interest by a person or persons
who are not affected by the infringement. In the case of Bandhua Mukti Morcha v. Union of India
(1984), the Supreme Court of India recognized the concept of PIL and held that individuals or
organizations could move the court on behalf of the poor, unrepresented groups, and others who
cannot approach the court on their own.

Another modern trend is the emphasis on judicial accountability and transparency. The judiciary is an
essential pillar of the Rule of Law, and it is imperative that it is transparent and accountable. In the case
of S.P. Gupta v. Union of India (1981), the Supreme Court held that the judges' accountability should be
increased, and there should be a system of checks and balances to ensure the judiciary's independence.

There has also been a growing trend of ensuring the Rule of Law to marginalized communities in India.
In the case of Vishakha v. State of Rajasthan (1997), the Supreme Court held that all workplaces should
have a mechanism to prevent and redress sexual harassment complaints. This decision recognized the
rights of working women in India and ensured that they were protected by the Rule of Law.

In conclusion, the modern trends of the Rule of Law in India demonstrate the evolution of the legal
system and its commitment to upholding the principles of justice, equality, and accountability. PIL,
judicial accountability and transparency, and protection of marginalized communities are just a few
examples of these trends, which have manifested through landmark cases that have set precedents for
future generations.

Q9. Explain the concept of separation of powers in India: UK USA

The concept of separation of powers is an important constitutional principle that is followed by

democracies all over the world. The principle involves the separation of powers between the legislative,
executive, and judicial branches of the government to ensure a system of checks and balances.

In India, the principle of separation of powers is not expressly mentioned in the Constitution, but it is
implied through the provisions of Articles 50 and 245. The legislature makes laws, the executive
implements them, and the judiciary interprets them. Each branch is independent of the other, and the
Constitution has made provisions for the separation of powers to ensure accountability and prevent
misuse of power.

In the case of Ram Jawaya Kapur v. State of Punjab (1955), the Supreme Court of India declared that the
Constitution of India does not permit any one branch to encroach upon the functions of the other two.
The judiciary has the power of judicial review to determine the constitutionality of laws made by the
legislature and the acts of the executive, and it can strike down any law or act that goes against the
Constitution.

In the UK, the principle of separation of powers is not as clearly defined as in the USA or India. However,
it has evolved over centuries through established conventions and practices. The UK’s unwritten

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constitution relies on the Westminster model of parliamentary democracy, where the executive is
accountable to the legislative branch. This means that the Prime Minister and the Cabinet are
accountable to Parliament and cannot make laws without its approval.

In the USA, the principle of separation of powers is explicitly mentioned in the Constitution, with
provisions for the legislative, executive, and judicial branches of government. Each branch is
independent of the other, and the Constitution has divided powers between them to ensure that no one
branch can become too powerful. The Constitution also provides for the checks and balances system,
where each branch has the power to check and balance the other branches.

In conclusion, the concept of separation of powers is an important constitutional principle that is

necessary for a functioning democracy. It ensures accountability and prevents any one branch of the
government from becoming too powerful. The principle of separation of powers is implied in the
Constitution of India and has been constitutionally interpreted in the landmark case of Ram Jawaya
Kapur.

Q10. Classification of Administrative function.

Administrative functions refer to the activities carried out by government officials to implement and
execute policies, laws, and regulations. The classification of administrative functions is as follows:

1. Quasi-Judicial Functions:
These are the functions performed by administrative authorities that are similar to judicial functions.
They involve the determination of a dispute between parties and the application of rules and
regulations. For example, the functions of the State Human Rights Commission, the Election
Commission, and the Central Information Commission are quasi-judicial in nature. The authority
performing these functions must adhere to the principles of natural justice.

2. Legislative Functions:
These are the functions that involve the formulation of policies and laws by administrative authorities.
For example, the Ministry of Finance formulates the budget and the Ministry of Health formulates
health policies. These functions are essential for carrying out the objectives of the government.

3. Executive Functions:
These are the powers conferred on the administrative authorities for implementing and enforcing the
policies and laws formulated by the government. For example, the power of taxation conferred on the
Central Board of Excise and Customs or the power of issuing licenses and permits conferred on
municipal corporations.

The classification of administrative functions and the extent of their exercise, along with related issues
of supervision and control, has been examined by the Indian judiciary in several cases. One such case is:
- State of Punjab v. Mohinder Singh Chawla (AIR 1997 SC 1225)

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In this case, the Supreme Court clarified the difference between a legislative and an executive function.
The court held that laying down the policy and enacting the law would constitute legislative function,
while carrying out the policy laid down and implementing the law would constitute an executive
function.

Q11. Define Delegated legislative and Explain the Reason for growth of Delegated legislative.

Delegated legislation refers to the act of granting power by the legislature to some other authority or
individual to make specific regulations or laws within the limits prescribed by the legislature. In
administrative law, delegated legislation is also referred to as subordinate legislation.

The concept of delegated legislation has emerged as a result of the increasing demand for the regulation
of social and economic activities of people. The growth of delegated legislation is due to the following
reasons:

1. The inability of the legislature: The Indian Legislature is necessarily deprived of the expertise and
time required for the making of elaborate rules to govern the intricate and ever-changing economic and
social activities of the people. Hence, it delegates its lawmaking power to the Executive.

2. Flexible response to emerging situations: The changing pattern of society and the emergence of new
complex situations require more responsive action at shorter notice than the ordinary methods of
legislation can provide. Delegated legislation enables a flexible response to emerging situations.

3. Need for Technical and Specialized knowledge: Many areas require specialized knowledge to make
laws or rules, such as in the case of the use of atomic energy, the making of pesticide regulations, drug
regulations, etc. The Executive has the advantage of possessing expert knowledge and can make rules
with greater accuracy based on technical expertise.

4. Time and cost-saving: Delegated legislation saves time and costs. It helps in avoiding unnecessary
formalities and delay.

There have been several case laws that relate to delegated legislation. The case law of K.T Plantations
vs. State of Karnataka (2011) recognizes delegated legislation as a necessary policy measure to meet
the changing demands of the nation's social and economic life. Similarly, in the case of Sodan Singh vs.
New Delhi Municipal Committee (1989), the court held that delegated legislation has come into
existence as an inevitable response to the needs of a complex society. Therefore, delegated legislation is
not only legal but is also essential for the proper functioning of our democracies.

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Q12. Classification of Delegated legislation.

Classification of Delegated Legislation:

1. Subordinate legislation: This includes the laws and regulations made by the subordinate authorities
empowered to do so by the executive authorities. It is subjected to the control of higher authorities.

2. Conditional legislation: This refers to laws that come into effect based on certain conditions. For
instance, a law may state that it will come into effect only if a particular event occurs.

3. Emergency legislation: These laws are made to deal with emergency situations such as war, natural
calamities or other similar events. For example, the Essential Commodities Act was enacted to deal with
the food shortage crisis during the war.

4. Rule-making power: In this type of delegated legislation, the executive authorities are empowered to
make rules and regulations regarding various issues. For example, the Reserve Bank of India Act permits
the RBI to make rules regarding banking operations.

There have been several cases where the validity of delegated legislation has been challenged in India.
The Supreme Court has laid down certain guidelines to ensure that the delegated legislation is not
arbitrary and that it is in accordance with the principles of natural justice. One such case is the
Navinchandra Mafatlal v. Commissioner of Income Tax, where the court held that delegated legislation
cannot be ultra-vires of the parent Act, and that the delegated legislation cannot contain any provisions
that are not present in the main Act.

Q13. Judicial control over the Delegated legislation.

Judicial control over delegated legislation refers to the power of the Indian judiciary to review and
strike down any rules, regulations, or orders made by administrative bodies that exceed the scope of
delegated legislative power or violate any constitutional provisions. In India, the power to make laws is
vested with the legislature, but it can delegate some of its legislative powers to administrative bodies to
make rules and regulations that are necessary for the implementation of the laws.

However, the exercise of delegated legislative power is subject to judicial oversight. The courts can
declare any delegated legislation ultra vires, i.e., beyond the scope of the delegated power, or
unconstitutional, i.e., violative of any provision of the Constitution. The courts' power of judicial review
ensures that administrative bodies do not misuse their delegated power and act within their limits.

The Indian judiciary has upheld the principle of judicial control over delegated legislation in several
landmark cases. Some of these cases are:

1. K.C. Gajapati Narayan Deo v. The State of Orissa (1954):

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In this case, the Supreme Court held that the delegated legislation made by the executive must conform
to the parent act's object and scope. Any rule made by the administrative body that goes beyond the
scope of the parent act is ultra vires and invalid.

2. A.K. Roy v. Union of India (1982):

In this case, the Supreme Court held that the administrative body's delegated power must be
unambiguous and specific. If the parent act does not confer the power to make a particular rule, then
such power cannot be delegated to the administrative body.

3. Association of Democratic Reforms v. Union of India (2002):

In this case, the Supreme Court held that any delegated legislation that violates the fundamental rights
enshrined in the Constitution is unconstitutional and invalid. The court struck down a notification issued
by the government that permitted political parties to receive donations anonymously.

In conclusion, judicial control over delegated legislation is an essential aspect of Indian administrative
law. It ensures that administrative bodies do not exceed their delegated power and that their actions
are consistent with the parent act's object and scope. The Indian judiciary has upheld the principle of
judicial control over delegated legislation in several landmark cases, which have set the precedent for
the courts to review the administrative bodies' delegated power.

Q14. legislative control over the Delegated legislation

Legislative control over the delegated legislation refers to the supervision and monitoring of the exercise
of powers by the executive by the legislature. In India, the legislative control over delegated legislation is
derived from Article 245 and Article 246 of the Constitution, which provide for the distribution of
legislative powers between the Union and the State.

The Indian judiciary has also played a significant role in ensuring that the delegated legislation does not
exceed the scope of the power delegated by the legislature. In various cases, the judiciary has held that
delegated legislation must conform to the standards set by the Constitution and that the exercise of
delegated power must be guided by the principles of reasonableness and fairness.

One of the significant cases related to the legislative control over delegated legislation is the case of
A.K. Roy v. Union of India (1982). In this case, the Supreme Court observed that the delegated
legislation must be in conformity with the Constitution and the parent Act, and it must not be irrational
or arbitrary. The Court also held that the power to make delegated legislation is a subordinate power
and must be exercised within the limits imposed by the Constitution and the parent Act.

Another significant case related to legislative control over delegated legislation is the case of Bangalore
Water Supply and Sewerage Board v. A. Rajappa (1978). In this case, the Supreme Court held that the
delegated legislation must be published in the official gazette, and it must be subject to the scrutiny of
the legislature.

The parliament may control the delegated legislation through various means. One of the essential
methods of legislative control is to prescribe the principles and policies under which the delegated

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power must be exercised. The legislature can also impose limitations and restrictions on the exercise of
delegated power.

To conclude, the legislative control over delegated legislation is an essential aspect of the administrative
law in India. It ensures that the delegated legislation is not ultra vires of the Constitution and the parent
Act, and it also ensures that the delegated power is exercised within the limits prescribed by the
legislature. Overall, legislative control over delegated legislation plays a vital role in maintaining the rule
of law and upholding the principles of fairness and justice.

Q15. Difference between Judicial and Quasi judicial Administrative function.

In Administrative Law, the functions performed by administrative authorities can be broadly categorized
into three categories- executive, judicial, and quasi-judicial. The following is the difference between
Judicial and Quasi-Judicial Administrative Function:

Judicial Administrative Function:

When an administrative authority exercises its power in a quasi-judicial function, it is said to be

performing a Judicial Administrative Function. The term judicial implies that the function is like that of a
judicial body. The function involves deciding disputes between individuals or between individuals and
the state, with a view to determining the legal rights and obligations of the parties.

The following are the main characteristics of Judicial Administrative Function:

a) It involves a decision-making process that is similar to that of a court of law.

b) It requires the administrative authority to follow the principles of natural justice while deciding the
dispute.

c) The decision-making process is governed by rules of evidence and procedure, which must be followed
by the administrative authority.

d) The decision given by the administrative authority may be subject to appeal or revision by a higher
authority.

One of the landmark cases in which the Supreme Court of India recognized the importance of natural
justice while performing judicial administrative functions is the case of A.K. Kraipak vs. Union of India
(1969). The Supreme Court stated that "while discharging quasi-judicial functions, the authority
concerned is under a duty to act fairly and impartially and to follow the rules of natural justice, and if he
does not do so his decision is liable to be set aside."

Quasi-Judicial Administrative Function:

When an administrative authority exercises its power in a quasi-judicial function, it is said to be

performing a Quasi-Judicial Administrative Function. The term quasi-judicial implies that the function is

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similar to that of a judicial body but is not exactly the same. The function involves deciding disputes
between individuals or between individuals and the state, with a view to determining the legal rights
and obligations of the parties.

The following are the main characteristics of Quasi-Judicial Administrative Function:

a) It is neither purely executive nor purely judicial as it involves elements of both.

b) It involves a decision-making process that is similar to that of a court of law but not identical.

c) The decision-making process is governed by rules of evidence and procedure, which must be followed
by the administrative authority.

d) The decision given by the administrative authority may be subject to appeal or revision by a higher
authority.

One of the landmark cases in which the Supreme Court of India specified the difference between Judicial
and Quasi-Judicial Administrative Function is the case of K.N. Singh vs. State of Gujarat (1969). The
Supreme Court observed that "Quasi-judicial functions are different from purely administrative
functions, as they require the authority to hold a judicial enquiry or to adjudicate upon a dispute
between the parties, applying the principles of natural justice while deciding the dispute."

Q16. What is the Administrative Discretion?

Administrative Discretion refers to the power vested in administrative authorities to make decisions
based on their own judgment and independent evaluation of facts and circumstances. Administering the
law necessarily involves the exercise of discretion by administrative authorities. However, this discretion
must be exercised within the limits set by the law and should be guided by principles of reasonableness,
fairness, and impartiality.

The exercise of administrative discretion is subject to the principles of natural justice, which requires
that administrative decisions must be fair, just, and reasonable. The principle of 'audi alteram partem'
states that no one should be condemned unheard, i.e., an opportunity of hearing must be provided to
the person affected by the administrative decision.

A few decided cases on Administrative Discretion are as follows:

1. State of Maharashtra v. Britannia Biscuit Co. Ltd. (1994): In this case, the court observed that
administrative discretion must be exercised intelligently and in conformity with the purpose for which it
is conferred. It must be exercised for public good and not for the benefit of any particular individual or
entity.

2. Bachan Singh v. State of Punjab (1980): In this case, the court held that administrative discretion
cannot be absolute and must be subject to judicial review. The exercise of discretion must be based on
objective criteria and must not be arbitrary or discriminatory.

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3. Suresh Kumar Koushal v. Naz Foundation (2013): In this case, the court held that the discretion of
administrative authorities must be guided by constitutional values and principles. Any exercise of
discretion that is in violation of the fundamental rights guaranteed by the Constitution is liable to be
struck down.

Thus, Administrative Discretion is an integral part of the Administrative Law and needs to be
balanced with the requirement of the rule of law and fairness while making administrative decisions.

Q17. What is the judicial control of Administrative Action?

The judicial control of administrative action refers to the power of the judiciary to review and scrutinize
the actions and decisions of administrative bodies to ensure that they are legal, reasonable, and fair.
The judicial control of administrative action is an important aspect of administrative law, and it involves
various types of remedies that are available to individuals and organizations who have been adversely
affected by administrative action.

Some of the common types of judicial control of administrative action are as follows:

1. Judicial Review: Judicial review is the power of the judiciary to review the legality of administrative
action. The review may be based on procedural irregularities or substantive irrationality. The power of
judicial review is an integral component of administrative law and a fundamental feature of the
Constitution of India. The Indian judiciary has been playing an important role in checking the abuse of
power by the executive through judicial review.

2. Writs: A writ is an order issued by the higher courts to those lower courts or authorities that have
transgressed their authority or exercised their discretion arbitrarily. The Constitution of India provides
for several types of writs, including habeas corpus, mandamus, prohibitions, quo warranto and
certiorari.

3. Statutory Remedies: Various Acts provide for statutory remedies for aggrieved persons. For example,
the Right to Information Act, 2005 provides citizens with the right to access information and to seek
redressal for grievances related to a lack of transparency and accountability in administrative actions.

Some of the landmark cases that have established the nature and scope of the judicial control of
administrative action in India are:

1. Keshavananda Bharathi v. State of Kerala (1973): The Keshavananda Bharathi case is a landmark case
in constitutional law that established the supremacy of the Constitution of India over the arbitrary
exercise of power by the executive.

2. Maneka Gandhi v. Union of India (1978): The Maneka Gandhi case established the principle that the
right to receive information is a part of the right to personal liberty guaranteed by the Constitution of
India.

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3. Ram and Shyam Company v. State of Haryana (1985): In this case, the court emphasized that
administrative decisions must be based on facts and not on conjectures or surmises.

Overall, the judicial control of administrative action is critical for promoting accountability,
transparency, and fairness in administrative decision-making and it ensures that the executive does not
abuse its power.

Q18. Explain the principles of Natural justice.

Principles of Natural Justice:

The principles of natural justice are an integral part of administrative law. The principles require
administrative agencies to act fairly, impartially, and objectively in their decision-making process. The
two main principles of natural justice are:

1. Audi Alteram Partem: The principle of "audi alteram partem" means "hear the other side". It requires
that a person or a party who is likely to be affected by a decision of an administrative agency must be
given an opportunity to be heard. The agency must provide a reasonable chance to the affected party to
present their case and defense before taking any decision that affects their rights, interests or liberty.

2. Nemo Judex in Causa Sua: The principle of "nemo judex in causa sua" means "no one should be a
judge in their own case". It requires that a decision-maker must be impartial and free from bias. The
decision-maker must not have any personal interest in the matter and must not have any preconceived
ideas or opinions about the case.

Case laws:

1. Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court held that the principles of
natural justice are an integral part of Article 21 of the Constitution, which guarantees the right to life
and personal liberty. The court observed that the principles of natural justice are not fixed or rigid rules,
but flexible standards that must be adapted to the circumstances of each case.

2. A.K. Kraipak v. Union of India (1969): The Supreme Court held in this case that the principles of
natural justice are so closely intertwined with the concept of fairness that they cannot be separated
from it. The court observed that the concept of fairness depends on the facts and circumstances of each
case, and the principles of natural justice must be followed accordingly.

3. State of Bihar v. Subhash Singh (1970): In this case, the court held that the principles of natural
justice are integral to the judicial process and must also be followed by administrative agencies. The
court observed that administrative agencies must act fairly and give a fair opportunity to the affected
party to present their case.

4. Union of India v. Tulsiram Patel (1985): In this case, the Supreme Court held that the principles of
natural justice are applicable even in cases where the law does not specifically require them. The court

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observed that natural justice is a basic principle of any legal system and must be followed even in
administrative matters.

5. Ramana Dayaram Shetty v. International Airport Authority of India (1979): The Supreme Court held
in this case that the principles of natural justice are not rigid or inflexible rules, but flexible and
adaptable standards that must be applied in different situations. The court observed that the principles
of natural justice must be followed by administrative agencies even if there is no specific provision in the
law requiring them to do so.

Q19. Explain the Doctrine of Audit Alteram Partern.

The Doctrine of Audi Alteram Partem in Administrative Law is a fundamental principle of procedural
fairness that states that no person should be judged or affected by a decision without a fair hearing. In
other words, a person should be given an opportunity to be heard, to present evidence and arguments,
and to respond to any allegations made against them.

This principle is essential in administrative law as it seeks to promote fairness, transparency, and natural
justice in the decision-making process of administrative tribunals and quasi-judicial bodies. The doctrine
of audi alteram partem is a component of the principles of natural justice.

Case Examples:

1. Khemka v. State of Haryana: In this case, the court held that the petitioner had been denied the
opportunity of being heard before being transferred, which resulted in a violation of the principles of
natural justice.

2. Union of India v. Tulsiram Patel: In this case, the Supreme Court held that the principle of audi
alteram partem was applicable even to an administrative decision taken in the national interest. The
court stated that if a person is adversely affected by any administrative action or decision, then the
principles of natural justice must be followed.

3. Union of India v. Kamlakant Singh: In this case, the Supreme Court held that the right to be heard is
an essential and fundamental component of the principles of natural justice, and it is a valuable right
that cannot be denied unless the statute specifically restricts its application.

4. Hira Nath Mishra v. The Principal, Rajendra Medical College: In this case, the court held that failure
to provide an opportunity of being heard would render the administrative order null and void. The
principle of audi alteram partem is sacrosanct and a mandatory requirement before a decision is taken
against a person.

5. Union of India v. Col. B.J. Akkara: In this case, the Supreme Court held that the principles of natural
justice must be followed even in cases where the decision-making process involves discretion. The Court

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held that even in cases where the power exercised is discretionary, the obligation of achieving fairness
by affording an opportunity of being heard cannot be dispensed with.

Q20. scope of the Audit Alteram partern

The scope of Audit Alteram Partem is extensive, and it can include both substantive and procedural
matters. Substantive matters relate to the facts and evidence surrounding a particular decision, while
procedural matters relate to the process that is followed in making the decision. The principle applies to
all administrative decisions, including the imposition of penalties, denial of licences or permits, and the
termination of employment.

Audit Alteram Partem has been applied by the Indian judiciary in several cases. In the case of Maneka
Gandhi v. Union of India (1978), the Supreme Court held that the principles of natural justice, including
the principle of Audit Alteram Partem, are an integral part of the right to life and personal liberty under
Article 21 of the Constitution. In another case of A.K. Kraipak v. Union of India (1969), the Supreme
Court held that the principle of natural justice requires that an adjudicating body must be impartial and
must give the person affected a reasonable opportunity to represent their case.

In conclusion, the principle of Audit Alteram Partem is an essential aspect of Indian administrative law. It
requires that a person must be given a reasonable opportunity to be heard before any decision is taken
against them. The principle applies to all administrative decisions and ensures that the decision-making
process is fair, just, and unbiased.

Q21.write a detailed note on the Rule of fair Hearing.

The rule of fair hearing, also known as the principle of natural justice, is an important judicial principle
that requires administrative agencies and authorities to provide an individual with a fair and reasonable
opportunity to present their case before any decision is made against them. This principle is of immense
importance in ensuring administrative fairness and prevents arbitrary actions by the government.

In India, the rule of fair hearing is widely recognized, and it is a fundamental right enshrined under
Article 21 of the Indian Constitution. The principle of natural justice includes principles of audi alteram
partem (hear the other side) and nemo iudex in causa sua (no one should be a judge in his own cause). It
states that no person should be condemned unheard or punished without being given an opportunity to
defend himself.

The Indian judiciary has time and again upheld the rule of fair hearing in various cases, such as the
Maneka Gandhi vs. Union of India, in which the Supreme Court held that natural justice is an integral
part of the right to life and liberty enshrined under Article 21 of the Indian Constitution.

In the Union of India vs. Tulsiram Patel case, the Supreme Court held that the rule of fair hearing is an
essential part of administrative law in India. In the case of Sneh Gupta vs. President, India, the Supreme

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Court ruled that the principles of natural justice are non-negotiable and that they play an indispensable
role in the maintenance of the rule of law.

Therefore, it is essential for administrative authorities to adhere to the rule of fair hearing. It is crucial
that an individual or a group be given a chance to put forth their side of the story before the authorities
take any action against them. This rule enables an individual to avoid any kind of arbitrary or
unreasonable decision by the administrative authorities.

In conclusion, the rule of fair hearing is a vital component of administrative law. It ensures a fair and
reasonable opportunity for an individual to put forward their case before any action is taken against
them. It is essential for promoting transparency and accountability in administrative decision-making,
and the Indian judiciary has consistently upheld the rule of fair hearing in several cases.

Q22. Explain the Baise and Different kinds of Baise

Baise is a legal concept derived from French law that is relevant in the administrative law system.
Essentially, it denotes natural justice or fair hearing. It encompasses the principles of no one being a
judge in their own cause, audi alteram partem (hear the other side), and nemo judex in causa sua (no
man should be a judge in his own case). Baise is an essential element of fair administrative action and
ensures that citizens' rights are protected.

Different kinds of Baise include:

1. Procedural Baise: This refers to the principle that an administrative body must follow a fair and
transparent process while making decisions that affect people's rights. The process must allow for a
hearing where the person affected has an opportunity to present their case.

2. Substantive Baise: This principle requires that administrative decisions be reasonable, just, and in the
public interest. The decision must be based on relevant evidence, and the decision-maker should not
take into account irrelevant considerations.

3. Reasoned Baise: This principle requires that an administrative authority must provide reasons for its
decision. These reasons need to be clear and specific, and the party affected must be able to understand
why the decision was made.

The concept of Baise has been incorporated into the Constitution of India and several laws. For example,
Article 14 of the Constitution guarantees the right to equality and prohibits unfair and arbitrary
administrative action. The Constitution also provides for the right to a fair hearing under Article 21,
which includes the principle of audi alteram partem.

In the landmark case of Maneka Gandhi v. Union of India (1978), the Supreme Court of India held that
the principles of natural justice are part of the rule of law, and any action that affects rights must
conform to the principles of Baise.

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In conclusion, Baise is an essential element of fair administrative action, and it ensures that citizens'
rights are protected. The different kinds of Baise determine the fairness and reasonableness of
administrative action. The Indian Constitution and various laws incorporate the principles of Baise, and
the judiciary has interpreted them in various cases, including the Maneka Gandhi case, to ensure
citizens' rights are protected.

Q23. Explain the principle of Natural justice and under Rule against Baise

The principle of Natural Justice is a fundamental principle of the Administrative Law that ensures
fairness and impartiality in decision-making by administrative authorities. It includes two basic
principles, which are:

1. Audi alteram partem, which means "hear the other side." This principle requires that no person
should be condemned or adversely affected without being given the opportunity to be heard.

2. Nemo judex in causa sua, which means "no one should be a judge in his own cause." This principle
requires that the decision-maker should not have any personal interest or bias in the matter and should
act impartially.

Under the Rule Against Bias, a decision-maker is required to act impartially, without any bias or
prejudice. The rule is based on the principle of Natural Justice and requires that the decision-maker
must not have any personal interest, financial or otherwise, in the matter before him.

The Supreme Court has consistently upheld the principle of Natural Justice and the Rule Against Bias.
One of the leading cases in this regard is:

-Maneka Gandhi v. Union of India (AIR 1978 SC 597)

In this case, the Supreme Court held that the principles of Natural Justice are not only implied in the
Constitution but are also an integral part of the rule of law. The Court also held that the Rule Against
Bias is an essential component of the doctrine of impartiality and requires that a decision-maker must
be free from bias or prejudice.

In conclusion, the principle of Natural Justice and the Rule Against Bias are vital components of Indian
Administrative Law and ensure that decisions made by administrative authorities are reasonable, fair,
and impartial.

Q24. Objective of principle of Natural justices.

The objective of the principle of Natural Justice is to ensure procedural fairness and justice in
administrative decision-making. It requires that decisions be made in a fair, transparent, and unbiased
way, and that individuals affected by these decisions receive a meaningful opportunity to be heard.

In the Administrative Law, the principle of natural justice is entrenched in Article 14 and Article 21 of
the Constitution of India. The Supreme Court of India has also developed a rich jurisprudence on this
issue, enshrining the principle of natural justice as an integral part of the rule of law.

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Some of the key objectives of the principle of natural justice in Administrative Law are:

1. Fair Hearing: One of the key objectives of the principle of natural justice is to provide a fair hearing to
parties before a decision affecting their rights or interests is made. For example, in the case of Maneka
Gandhi Vs Union of India, the court held that the right to be heard is an essential part of the natural
justice doctrine.

2. Impartial decision-making: The principle of natural justice also aims to ensure that decisions are
made in an impartial manner that is free from bias or prejudice. For example, in the case of State of
Orissa Vs. Dr. Binapani Dei, the court held that "justice should not only be done but should also appear
to have been done."

3. Reasoned decisions: Another objective of the principle of natural justice is to ensure that decisions
are based on reasoned consideration of relevant factors. In the case of Union of India Vs. Tulsiram
Patel, the court held that decisions must be based on relevant material and that reasons must be given
for the decision.

Overall, the principle of natural justice serves as a safeguard against arbitrary exercise of power by
administrative authorities and promotes the rule of law in the administrative process.

Q25. Explain the control of public corporation by LOKpal and LOK Ayukta of states.

The Lokpal and Lokayukta Act, 2013 deals with the establishment of Lokpal at the central level and
Lokayukta at the state level to inquire into complaints of corruption against public servants, including
public corporations.

The Lokpal and Lokayukta have been granted extensive powers to investigate allegations of
maladministration, and to take corrective measures, including conducting investigations, initiating
prosecutions, and imposing penalties.

Under Section 14 of the Act, the Lokpal or Lokayukta, as the case may be, can receive complaints of
corruption or maladministration against public corporations or public servants working in such
corporations. The Lokpal or Lokayukta can investigate such complaints or refer them to the appropriate
authorities, as deemed fit.

Furthermore, under Section 10 of the Act, the Lokpal or Lokayukta can call for information or records
from any public corporation to investigate complaints of corruption and maladministration. The
corporation must provide the required information or records within the stipulated time.

The Lokpal and Lokayukta Act has provisions to penalize corrupt public servants in the form of fines,
imprisonment, or both. Additionally, it empowers the Lokpal and Lokayukta to seize property acquired
through corrupt means.

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Therefore, through the establishment of the Lokpal and Lokayukta at the state and central levels,
control over public corporations has been strengthened to prevent corruption and maladministration.

Q26. Explain the Rule of Administrative tribunals as adjudicating Authorities.

Administrative Tribunals have been established as specialized bodies for resolving administrative
disputes between the citizens and the government or its agencies. The Rule of Administrative Tribunals
as Adjudicating Authorities means that they have the power to adjudicate disputes between the parties
and pass a binding decision.

As per the Administrative Tribunals Act, 1985, the administrative tribunals have the power to adjudicate
disputes related to the service matters of the employees of the Central and State governments. The
decisions passed by the administrative tribunals have the same legal validity and effect as that of a
decree passed by a civil court.

The main objective behind the establishment of administrative tribunals is to provide speedy, effective,
and inexpensive justice to the litigants. The tribunals are expected to take a more flexible and informal
approach to the adjudication of disputes as compared to the formal court system.

One of the significant cases related to the Rule of Administrative Tribunals as Adjudicating Authorities is
the case of S.P. Sampath Kumar v. Union of India (1987), wherein the Supreme Court held that an
administrative tribunal is an alternative forum to the courts, and its decisions are binding on the parties.
The Court also observed that the jurisdiction of the tribunal is exclusive and that the High Court cannot
entertain a petition that falls within the jurisdiction of the administrative tribunal.

Another case related to the Rule of Administrative Tribunals as Adjudicating Authorities is the case of
K.K. Venugopal v. Union of India (2009), wherein the Supreme Court held that the administrative
tribunal has the power to examine the legality and propriety of the decision taken by the government
authorities. The Court also held that the tribunal has the power to interpret the relevant laws and
regulations.

In conclusion, the Rule of Administrative Tribunals as Adjudicating Authorities is an essential aspect of

Indian Administrative Law. The establishment of tribunals has helped in providing speedy and effective
justice to the litigants, and the decisions passed by the tribunals are binding on the parties. The tribunals
are expected to take a more flexible and informal approach to the adjudication of disputes, which has
resulted in the promotion of the principles of fairness and justice.

Q27. Discuss the contratual liability of Government

The contractual liability of the government refers to the legal responsibility of the government for any
breach of contract that it enters into with private parties. The government can enter into contracts with
private parties for various purposes, such as procurement of goods and services, construction and

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infrastructure development, and public-private partnerships. In case of any breach of contract, the
private parties can sue the government for compensation.

The government's contractual liability is governed by the Indian Contract Act, 1872, and the Constitution
of India. Under the Act, the government is treated as a party to the contract like any other private party,
and the principles of contract law apply to it.

However, the government's liability is limited by certain legal immunities, such as the doctrine of
sovereign immunity and the principle of non-suability. The doctrine of sovereign immunity protects the
government from being sued in its own courts without its consent, and the principle of non-suability
provides that the government cannot be sued for its actions done in the exercise of sovereign functions
or governmental powers.

Despite these immunities, the government can be held liable for any breach of contract if it has waived
its immunity or if the breach is due to the negligence or malfeasance of its officials.

There are several significant cases that have established the principles and scope of governmental
contractual liability. Some of these cases:

1. State of Bihar vs. Abdul Majid (1954):

In this case, the Supreme Court held that the government would be liable for damages for the breach of
a contract for the supply of goods or services, even if the breach was due to the negligence of its
officials.

2. State of West Bengal vs. B.K. Mondal and Sons (1962):

In this case, the Supreme Court held that the government could not claim sovereign immunity to avoid
contractual obligations if the contract was for a commercial purpose.

3. Union of India vs. Rallia Ram (1963):

In this case, the Supreme Court held that the government could be held liable for damages for the
breach of a contract if the breach was due to the misconduct of its officials, and the officials were acting
beyond their authority.

In conclusion, the contractual liability of the government is an essential aspect of administrative law.
The government's contractual obligations are governed by the Indian Contract Act, 1872, and the
Constitution of India. The government is immune from being sued for its actions done in the exercise of
sovereign functions or governmental powers, but it can be held liable for any breach of contract if it has
waived its immunity or if the breach is due to the negligence or malfeasance of its officials. Several
landmark cases have established the principles and scope of governmental contractual liability.

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Q28. Difference between the state liability and contractual liability.

In the Administrative Law, the concept of State Liability and Contractual Liability are two major aspects
that deal with the liability of the state towards its citizens. The following is the difference between the
State Liability and Contractual Liability:

State Liability:

State Liability refers to the legal responsibility of the State or its agencies for any wrong or harm caused
to an individual in the course of the performance of its public functions. This liability can be either direct
or vicarious.

The following are the main characteristics of State Liability:

a) The State is liable for any damage or harm caused to the individual by the actions of its employees or
agents.

b) The liability can be either direct, when the State itself is involved in the action leading to the harm, or
vicarious when the liability is attributed to the State employees who were involved in the wrongful act.

c) The State can be held liable for any act that is carried out in the discharge of its sovereign functions.

d) The State's liability is unlimited and cannot be waived by a contract or agreement.

One of the landmark cases in which the Supreme Court of India recognized the principle of State Liability
is the case of Kasturilal vs. State of Uttar Pradesh (1965). The Supreme Court held that "the State is
liable for the acts of its employees or agents, which cause injury or damage to individual's life, liberty or
property."

Contractual Liability:

Contractual Liability refers to the legal obligation of the State or its agencies arising out of a contract
entered into with an individual or other parties. This liability arises from a breach of a contractual
obligation by the State or its agencies.

The following are the main characteristics of Contractual Liability:

a) The liability of the State arises out of a contractual obligation voluntarily undertaken by it.

b) The liability is limited to the terms and conditions of the contract.

c) The State can be held liable for any breach of the contractual obligations, resulting in harm or loss to
the aggrieved party.

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d) The State's liability can be waived or limited by a contract or agreement.

One of the landmark cases in which the Supreme Court of India recognized the principle of Contractual
Liability is the case of Union of India v. Bungo Steel Furniture (1967). The Supreme Court held that
"when the State enters into a contract, which creates legal obligations, it is bound to perform them and
in case of a breach of contractual obligation, the State can be held liable for damages as per the terms of
the contract."

In conclusion, State Liability and Contractual Liability are two distinct concepts in Indian Administrative
Law. State Liability arises out of the State's actions while performing its sovereign functions, while
Contractual Liability arises out of a contractual obligation voluntarily undertaken by the State. The
liability of the State in each case is governed by different legal principles and can be enforced through
the courts.

Q29. Define writ.

The Constitution provides five types of writs that can be issued by the High Courts and the Supreme
Court to enforce fundamental rights and to check the abuse of power by administrative and quasi-
judicial authorities. These writs are:

1. Habeas Corpus: A habeas corpus writ is a remedy that is available to individuals who have been
unlawfully detained or imprisoned. The writ of habeas corpus is a constitutional safeguard that ensures
the protection of personal liberty of an individual.

In the case of ADM, Jabalpur v. Shivkant Shukla ((1976) 2 SCC 521), the Supreme Court held that the
right to move the court for the writ of habeas corpus was suspended during the period of emergency.
However, this judgment was later overruled in the case of the People's Union for Civil Liberties v. Union
of India ((1997) 1 SCC 301), and it was held that the right to move the court for the writ of habeas
corpus could not be suspended even during the period of emergency.

2. Mandamus: The writ of mandamus is an order issued by a court to any public authority, judicial or
quasi-judicial body, or officer directing them to perform their lawful duties which they have failed to
perform. This writ is issued to enforce the performance of a public duty that has been omitted by such
authority.

In the case of Union of India v. Col. J.N. Sinha ((1970) 2 SCC 458), the Supreme Court held that
mandamus could be issued to the government to enforce financial accountability and prudence in the
disbursement of public money.

3. Certiorari: The writ of certiorari is a remedy that is available to individuals or organizations that have
been subjected to an error of jurisdiction by an inferior tribunal, quasi-judicial authority or
administrative body. The writ orders the authority to transfer the record of the case for scrutiny to the
court to check whether the authority has exceeded its jurisdiction.

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In the case of A.K. Kraipak v. Union of India ((1970) 1 SCC 457), the Supreme Court held that the
administrative action of an authority outside its particular jurisdiction was subject to the writ of
certiorari.

4. Prohibition: The writ of prohibition is a remedy that is available to individuals or organizations that
are aggrieved by the decision of an inferior tribunal, quasi-judicial authority, or administrative body. This
writ orders the authority to stop from continuing in the erroneous proceedings.

In the case of State of Bombay v. Khushaldas S. Advani ((1950) SCR 621), the Supreme Court held that
the writ of prohibition could be issued to prohibit an illegal order of detention.

5. Quo Warranto: The writ of quo warranto is a remedy that is available to individuals or organizations
that want to challenge the appointment or election of a person to a public office. The writ requires the
public authority or the concerned person to demonstrate their right to hold the office in question.

In the case of D.L. Aggarwal v. Union of India ((2010) 5 SCC 705), the Supreme Court held that the writ
of quo warranto could be issued to test the appointment of an Advocate-General of a State.

In conclusion, these five writs are important constitutional safeguards that can be invoked by individuals
or organizations to safeguard their rights and ensure that public authorities adhere to the rule of law.

PART C PREVIOUS QUESTION PAPER SOLUTIONS

Problem 1:

Municipal authorities in an urban area did not clear the garbage for more than one month
causing thereby lot of nuisance and health related problems to the inhabitants. Explain the
proper writ that could be issued by the high court to compel the authorities to do their duty.

Solution:

In the scenario described, the appropriate writ that could be issued by the High Court would be a writ of
mandamus.

A writ of mandamus is a judicial order that commands a public official or authority to perform its official
duty. In this case, the municipal authorities have a duty to clear the garbage in the urban area and their
failure to do so has resulted in nuisance and health-related problems for the inhabitants. Therefore, a
writ of mandamus could be issued by the High Court to compel the authorities to perform their duty and
clear the garbage in the area.

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The Supreme Court of India has held in numerous cases that a writ of mandamus can be issued against
public authorities or officials who have failed to perform their statutory duties. In the case of State of
Bihar v. T.N. Singh (AIR 1963 SC 87), the Supreme Court held that "a writ of mandamus is a command
issued by the High Court or the Supreme Court ordering a public authority or public official to perform a
statutory, public or quasi-judicial duty. It can be issued when there has been a failure to discharge a
public duty."

Therefore, in the given scenario, the High Court can issue a writ of mandamus to the municipal
authorities to clear the garbage in the urban area and perform their duty.

Problem 2:

The government has granted mining lease in favour of politically influential person on pick
and choose basis. A public spirited citizen wants to file petition challenging the grant of
mining lease on a pick and choose basis.

Solution:

A public interest litigation (PIL) can be filed by the public-spirited citizen challenging the grant of mining
lease on a pick and choose basis. A PIL is a legal action initiated in a court of law by an individual or a
group of people for the enforcement of public interest or general welfare. The Supreme Court has
recognized the PIL as a means of providing access to justice to the poor and marginalized sections of
society. In the case of S.P. Gupta v. Union of India (1981), the Supreme Court held that PILs can be filed
by any citizen of India, and the court can entertain them even in the absence of a personal interest or
injury to the petitioner.

The petitioner can challenge the grant of mining lease on the grounds of violation of the principles of
natural justice, arbitrariness, and malafide intent. The court can order an investigation into the matter
and direct the concerned authority to cancel the lease if it is found to be illegal. In the case of Indian
Council for Enviro-Legal Action v. Union of India (1996), the Supreme Court held that PILs can be used
as a tool for environmental protection and conservation, and directed the government to take
appropriate measures to prevent illegal mining and protect the environment.

Problem 3:

"A was an applicant for the post of professor of Law. He was also an ex-officio member of the
selection committee. Finally he was selected. "B" who was another applicant for the same
post was not selected. "B" wants to challenge the selection process. Advise him.

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Solution:

The situation described raises a conflict of interest on the part of the ex-officio member, who was both
an applicant and a member of the selection committee. This conflict of interest could potentially taint
the selection process and lead to allegations of bias, nepotism or favoritism.

If "B" wants to challenge the selection process, he may approach the appropriate authority, such as the
concerned university or tribunal, and file a petition challenging the selection process on the ground that
it was biased or influenced by the conflict of interest on the part of the ex-officio member.

Under administrative law, there is a duty of fairness and impartiality owed by the selection committee
in selection processes. The principle of natural justice requires that a person must not be a judge in his
own cause. The Supreme Court in the case of K. Ashok Kumar v. State of Karnataka (1997) held that a
person cannot be a member of a selection committee if he is an applicant for the same position, as it
will amount to bias and unfairness.

Problem 4:

A car was owned and maintained by the state government for the official use of the district
collector. Due to rash and negligent driving of the car, a pedestrian was killed in the accident
with the same car. Is the government liable to pay damages to the defendants? Discuss.

Solution:

In this situation, the government may be held liable for the damages caused by the accident, since the
car was owned and maintained by the state government and was being used for official purposes at the
time of the accident.

The principle of vicarious liability applies to cases where a government servant or agent commits a
tortious act in the course of his duty. The government will be held liable for the actions of its servants or
agents if they fall within the scope of their employment and if they are committed in the course of their
duty.

In the case of Municipal Corporation of Delhi v. Subhagwanti (1966), the Supreme Court held that the
employer is liable for the tortious acts of its employees if they are done in the course of employment or
if they are actuated by a desire to serve their employer.

Therefore, in this case, the government can be held liable for the negligence and tortious act of its
employee, the driver of the car, and may be required to pay damages to the victim or his next of kin.

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Problem 5:

"A" was an applicant for the post of professor of law. He was also an ex-officio member of
the selection committee. Finally he was selected. "B" another applicant for the some post
was not selected. "B" wants to challenge the selection process - Advise him.

Solution:

In the case of Dr. Prabhu Dayal vs Rekha Dayal (2015), the Supreme Court held that an ex-officio
member of the selection committee who is also an applicant for the same post is not eligible to be a part
of the selection process. This would be considered a conflict of interest, and the entire selection process
would be considered tainted.

Therefore, in the given case, the selection process of the professor of law can be challenged by
Applicant B on the grounds that an ex-officio member of the selection committee was also an applicant
for the same post. This would be a clear conflict of interest, and the entire selection process would be
considered biased and null and void.

Problem 6:

A department of the Central Government framed certain rules under a law. However such
rules were not published for information of concerned citizens. Are such rules legally
enforceable? Explain with reasons.

Solution:

In India, rules framed by a department of the Central Government have to be published in the Official
Gazette or any other official publication and must be made available for the concerned citizens to be
legally enforceable.

In the case of State of U.P & Ors. vs Babu Ram Upadhya (1961), the Supreme Court held that any rule
made by a body empowered to do so must be published to make it effective and to prevent arbitrary
enforcement by an administrative authority. Such rules must be made available to the concerned public
to provide them with access to information and know the expectations and obligations.

Thus, if the rules framed by the department of the Central Government were not published for the
information of the concerned citizens, they would not be considered legally enforceable. Citizens must
have access to these rules, and they can only be enforced if they have had prior notice of their
existence. Therefore, in the given case, the rules framed by the department of the Central Government
would not be legally enforceable since they were not published for the information of the concerned
citizens.

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Problem 7:

An MLA belonging to opposition party was arrested and detained by the police
depriving him of his right to attend the assembly session. What are the remedies available to
him against the state law lessners?

Solution:

An MLA belonging to an opposition party was arrested and detained by the police, depriving him of his
right to attend the assembly session. The remedies available to him against the state lawless are:

1. Habeas Corpus: The MLA can file a writ of habeas corpus, which is a judicial order to produce the
detained person before the court (Article 226 of the Constitution of India). The MLA can argue that his
detention is illegal and unconstitutional and demand his immediate release.

2. Quashing of Arrest: The MLA can also file a writ of certiorari in the High Court (Article 226 of the
Constitution of India), challenging the legality of his arrest and seeking to quash the arrest.

3. Damages: In addition to the above remedies, the MLA can also sue the State for damages for violation
of his fundamental right to personal liberty under Article 21 of the Constitution of India.

For example, in the case of A. K. Gopalan v. State of Madras (1950), the Supreme Court held that the
writ of habeas corpus is available in India to contest illegal detention but provides no remedy where a
person is detained by lawful process.

Problem 8:

X entered into a contract with the state financial corporation for a loan of Rs.10 crores for the
construction of a hotel. On the basis of agreement X started the construction work by
spending his own money. The loan which was previously sanctioned was refused by the
corporation. What remedies are available to X under law?

Solution:

X entered into a contract with the State Financial Corporation for a loan of Rs.10 crores for the
construction of a hotel. On the basis of the agreement, X started the construction work by spending his
own money. The loan which was previously sanctioned was refused by the Corporation. The remedies
available to X under law are:

1. Specific Performance: X can file a suit for specific performance of the contract, seeking a court order
to compel the Corporation to perform its part of the contract by disbursing the loan amount.

2. Damages: X can also sue the Corporation for damages for breach of contract, seeking compensation
for the losses incurred by him due to the Corporation's refusal to disburse the loan amount.

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3. Injunction: X can also seek an injunction to prevent the Corporation from taking any further action
that would cause him harm, such as seizing his assets or foreclosing on his property.

For example, in the case of Union of India v. Raman Iron Foundry (1974), the Supreme Court held that
specific performance is an equitable remedy that can be granted by a court in order to enforce a
contractual obligation, to the extent that the other party can implement it.

Problem 9:

An action was taken by college authorities against 'A', a student. He approached the court for
redressal through a Writ. Discuss.

Solution:

If 'A' has been aggrieved by the action taken by the college authorities and seeks redressal through a
Writ, he can file a Writ Petition under Article 226 of the Constitution of India, which provides for the
power of the High Courts to issue writs for the enforcement of fundamental rights and for any other
purpose.

In the case of Unni Krishnan, J.P. v. St. Stephen's College (1991), the Supreme Court held that
educational institutions, including colleges, are amenable to writ jurisdiction under Article 226 and can
be held accountable for their actions if they violate the principles of natural justice or other legal norms.

Problem 10:

Ram was debarred after an enquiry from appearing for University exam, on the ground of
'Unfair means' ram was not given an opportunity to defend. Ram wants to challenge. Advise
Ram.

Solution:

If Ram has been debarred from appearing for the university exam without being given an opportunity to
defend himself, he has a right to challenge the decision through a writ petition filed under Article 226 of
the Constitution of India.

In the case of Kailash Chandra Sharma v. State of Rajasthan (2002), the Supreme Court held that the
right of an individual to defend oneself against allegations of misconduct and to be heard before any
adverse decision is taken is a fundamental aspect of natural justice, and any violation of this right can be
challenged through a writ petition.

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Problem 11:

A cab driver's license was revoked on the ground of alleged misconduct without giving
reasonable opportunity to him to rebut the allegations made against him. Is there any
violation of principles of nature justice in this case? Examine.

Solution:

If the cab driver's license has been revoked without giving him a reasonable opportunity to rebut the
allegations made against him, there would be a violation of the principles of natural justice. The cab
driver can challenge the revocation of his license through a writ petition filed under Article 226 of the
Constitution of India.

In the case of State of Orissa v. Binapani Dei (1967), the Supreme Court held that the principles of
natural justice require that every person must be given a reasonable opportunity to be heard before an
adverse decision is taken against him or her.

Problem 12:

X,Y, and Z are appointed as judges of High Court. An advocate files a petition before the High
Court challenging their appointments. Discuss whether an advocate has locus standi to
challenge the appointment of judges.

Solution:

An advocate may have standing or locus standi to challenge the appointment of judges of a high court
only if he can establish that he has a direct and personal interest in the matter and that such interest is
affected by the appointment. In the absence of such an interest, an advocate cannot challenge the
appointment of judges.

In the case of Supreme Court Advocates-on-Record Association v. Union of India (2016), the Supreme
Court held that an advocate has standing or locus standi to challenge the appointment of judges only if
he can establish that his fundamental right to practice his profession or other legal right is affected by
the appointment.

Problem 13:

Under the sales tax act, power is delegated to the Government to determine the rate of tax
between the minimum and maximum prescribed in the act. A trader challenged it in the court
on the ground of excessive delegation. Will he succeed? Examine.

Solution:

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The delegation of power to determine the rate of tax within the prescribed limits is a reasonable
exercise of legislative power. It is a well-settled principle of administrative law that excessive delegation
of legislative power is unconstitutional. However, as long as there are proper guidelines or standards for
the exercise of delegated power, it is valid. In India, the Supreme Court in the case of K.T. Plantation Pvt.
Ltd. v. State of Karnataka (2011) held that where the legislature has laid down policies and principles for
determination of rates, the delegation of power to determine the rate within the prescribed limits is not
unconstitutional.

Therefore, in the present case, the trader may not succeed in challenging the delegation of power to
determine the rate of tax within the minimum and maximum limits prescribed by the sales tax act, as
long as there are proper guidelines and principles laid down for the exercise of such power.

Problem 14:

A State Government, with a view to promote start up industries, declared sales tax holiday to
the effect that the product of new industries will be exempted from the levy of sales tax. A
company started the construction of an industry relying upon the statement. Later the state
Government changed its policy and the entire product was subjected to tax. The company
filed a petition in the court challenging the action of the Government. Decide.

Solution:

The doctrine of promissory estoppel may be invoked in the present case. The principle of promissory
estoppel states that where one party has made a promise to another party, and that other party has
acted on that promise in a way that would make it unjust to go back on the promise, the promisor is
bound by the promise. In the present case, the company had acted in reliance on the government's
promise of sales tax exemption, and it would be unjust to subject the entire product to tax after the
company had already invested in the construction of the industry.

The Supreme Court in M/s Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh (1979)
applied the doctrine of promissory estoppel in a similar case where the government had granted
exemption from sales tax, but later withdrew the exemption. The court held that the government could
not go back on its earlier promise, as the sugar mills had acted in reliance on the promise and invested
in the construction of the mills.

Therefore, the company in the present case may succeed in challenging the government's action of
subjecting the entire product to tax after having declared a sales tax holiday, by invoking the doctrine of
promissory estoppel.

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Problem 15:

The Central Government was empowered to make rules for detention of any person by an
authority not below the rank of a District Magistrate. The order of detention was passed by
Additional District Magistrate. Decide the validity.

Solution:

The validity of the order of detention passed by an authority not below the rank of a District Magistrate
depends on whether such authority had the power to pass such an order. If the Central Government had
the power to make rules empowering an authority not below the rank of a District Magistrate to pass
orders of detention, then the order passed by Additional District Magistrate would be considered valid.

The Supreme Court in the case of A.K. Roy v. Union of India (1982) upheld the validity of the Preventive
Detention Act, 1950 which allowed for preventive detention by an authority not below the rank of a
District Magistrate. The court held that such delegation of powers to detention authorities under the Act
was valid.

Therefore, the order of detention passed by Additional District Magistrate would be considered valid if
the Central Government had the power to make rules empowering such an authority to pass orders of
detention.

Problem 16:

The principal of a law college passed on order of expulsion from college against the boy
students on the basis of a complaint from girl students. It was challenged on the ground that
the statements of girl students were recorded behind the back of the boy students and no
opportunity was afforded to the boy students to cross examine the girl students. Decide.

Solution:

As per the principles of natural justice, before any order of expulsion is passed against a student, the
student must be given an opportunity to be heard and cross-examine the witnesses against him. In this
case, the principal of the law college did not afford the boy students the opportunity to cross-examine
the girl students who had complained against them. Therefore, the order of expulsion passed against
the boy students is violative of the principles of natural justice and is likely to be set aside by the court.

The decision of the Supreme Court in the case of University of Mysore v. C.D. Govinda Rao (AIR 1965 SC
491) is relevant in this context. In this case, the court held that " the "hearing" which is encapsulated in
the principles of natural justice includes the right of the person concerned to know the case against him,
to cross-examine the witnesses relied upon by the opposite party, and to give his own evidence if he so
chooses."

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Therefore, in this case, the order of expulsion against the boy students is likely to be set aside by the
court on the grounds of violation of natural justice.

Problem 17:

Some ornaments were stole from the house of Mr. X. They were recovered by the police in
the course of investigation and they were kept in the custody of police under the order of the
court. However, the ornaments were stolen from police custody before the disposal of the
case. After the final disposal of the case, Mr. X applied for return of the ornaments or their
equivalent value. Should the Government compensate Mr. X? Discuss.

Solution:

In this case, the ornaments stolen from the police custody were recovered by the police during the
course of their investigation and were kept in their custody under the order of the court. However, the
ornaments were stolen again from the police custody before the final disposal of the case. After the final
disposal of the case, Mr. X applied for the return of the ornaments or their equivalent value.

As per the principles of administrative law, the government has a duty to protect the property that is in
its custody. In this case, it was the duty of the government to ensure the safekeeping of the ornaments
that were recovered in the course of the investigation. The government is liable to compensate Mr. X for
the loss of his property while it was in the custody of the police.

The decision of the Supreme Court in the case of State of Punjab v. Shiv Ram (AIR 1988 SC 881) is
relevant in this context. In this case, the court held that "when the police takes into custody the
property of the citizen under the orders of the court, there is an implied assurance that the property
shall be returned to the owner in good condition after the investigation is over. If the property is not
returned or is returned in a damaged condition, the State is liable to compensate the citizen."

Therefore, in this case, the government is liable to compensate Mr. X for the loss of his ornaments while
they were in the custody of the police.

Problem 18:

The relevant rule provided automatic termination of service on ground of absence of

employee for a certain period. A remained absent for more than 2 years. He was terminated
from the service without giving an opportunity of hearing before taking the action A
challenged the order. Discuss and decide.

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(Ph.No: 9346511881)

Solution:

In the given case, the employee A was terminated from service without giving an opportunity of hearing
before taking the action. This is a violation of the principles of natural justice, which require that
everyone should be given an opportunity to be heard before any adverse action is taken against them.
Therefore, the termination of A's service is not valid.

In the landmark case of Maneka Gandhi v. Union of India, the Supreme Court held that the principles of
natural justice are an integral part of the right to life and personal liberty guaranteed under Article 21 of
the Indian Constitution. The Court held that any decision that affects the rights, interests or liberties of a
person must be taken after giving them an opportunity of being heard.

Therefore, in the present case, A has a right to be heard before his service is terminated. The
termination is invalid and can be challenged in a court of law.

Problem 19:

A government teacher evaluated an answer sheet negligently as a result of which a candidate

failed even though he had written the examination very well. Can such teacher or the
government be made liable for such negligence? Give reasons for your answer.

Solution:

In the given case, the government teacher evaluated an answer sheet negligently, as a result of which a
candidate failed even though he had written the examination very well. The question is whether such a
teacher or the government can be made liable for such negligence.

The general rule in India is that a government servant is not personally liable for any act done by him in
the discharge of his official duties. However, there are exceptions to this rule. If the act of negligence is
so gross and so reckless that it goes beyond the call of duty, then the government servant can be held
personally liable.

In the case of Kasturi Lal v. State of U.P., the Supreme Court held that a government servant can be
held personally liable if he acts in a manner which is not permissible under law or if he acts with gross
negligence or with malafide intention.

Therefore, in the present case, if the negligence of the government teacher is so gross and reckless that
it goes beyond the call of duty, then the teacher or the government can be made liable for such
negligence.

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Problem 20:

The licence of a trader was cancelled by the Licensing authority. The trader applied for a copy
of the order but it was not supplied to him. An appeal to the State Government was also
rejected without communication and reason to him the trader intends to go to the Court. Will
he succeed? Discussion.

Solution:

In the given case, the licence of a trader was cancelled by the Licensing authority. The trader applied for
a copy of the order but it was not supplied to him. An appeal to the State Government was also rejected
without communication and reason to him. The trader intends to go to the Court to challenge the order.

The principles of natural justice require that a person must be given an opportunity to be heard before
any decision affecting his rights is taken. In the present case, the trader was not given a copy of the
order cancelling his license, and his appeal was also rejected without reason or communication. This is a
violation of the principles of natural justice.

In the case of C.K. Achutan v. State of Kerala, the Kerala High Court held that a decision-making
authority must give reasons for its decision, especially if the decision is adverse to the person affected
by it. The failure to give reasons is a violation of the principles of natural justice.

Therefore, in the present case, the trader can challenge the order cancelling his license in the court of
law as it was passed in violation of the principles of natural justice.

Problem21:

The licence of a trader was cancelled by the Licensing authority. The trader applied for a copy
of the order but it was not supplied to him. An appeal to the State Government was also
rejected without communication and reason to him the trader intends to go to the Court. Will
he succeed? Discuss.

Solution:

The trader may have a good chance of succeeding in court. Under Section 19 of the Administrative
Tribunals Act, 1985, any person who is aggrieved by an order made by a licensing authority can appeal
to the State Government. However, if the appeal is not decided within the prescribed time period, the
person may approach the High Court for relief. In this case, if the trader's appeal was rejected without
communication and reason, it could be considered a violation of natural justice. Further, if the order
cancelling the licence was not supplied to the trader, he could argue that he was not given an
opportunity to defend himself, which is a fundamental principle of natural justice. The Supreme Court
has also held that when a quasi-judicial authority passes an order, it is obliged to give the reasons for the

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(Ph.No: 9346511881)

same, failing which the order is liable to be set aside. The trader may cite the case Kerala State
Electricity Board v. T.P. Kunhaliumma (1977) AIR 282.

Problem21:

The Central Government was empowered to make rules for detention of any person by an
authority not below the rank of a District Magistrate. The order of detention was passed by
Additional District Magistrate. Decide the validity.

Solution:

The detention order passed by the Additional District Magistrate may be valid. The Central Government
can delegate its power of making rules for detention to a District Magistrate or an Additional District
Magistrate under Section 3(2) of the Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974. As long as the district magistrate had the power to pass the detention order under
the delegated authority, it would be valid. The issue of validity of orders passed under delegated
authority has been examined by the Supreme Court in many cases.

In Shamsher Singh v. State of Punjab (1974), the Court held that as long as the delegation is valid, the
order passed by a delegate would also be valid. However, the trader can challenge the validity of the
delegation of power by the Central Government.

Problem 22:

Couple of students were caught by the University Squads while copying in the Board Exam.
The students gave an undertaking to the Registrar that they will never copy in future. Both of
them were debarred from appearing the examination for an year. Students contend that they
were not given opportunity. Discuss the legalities.

Solution:

The act of copying during an examination is a serious offense that undermines the integrity of the
education system. However, the students in this case contend that they were not given an opportunity
to defend themselves before action was taken.

In this case, the University Squads caught the students in the act of copying during the examination, and
the students gave an undertaking to the Registrar that they would not copy in the future. After this, they
were debarred from appearing in the examination for an year.

Under the principles of natural justice, every individual has a right to be heard before any action is taken
against them. In this case, the students contend that they were denied this right, as they were not given
a chance to make representations before the decision to debar them was made.

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(Ph.No: 9346511881)

However, it also has to be considered that the act of copying is a serious offense, and universities have a
duty to safeguard the integrity of the examination process. The University Squads could argue that they
acted in the interest of maintaining the standards of education and the decision to debar the students
was taken in accordance with the rules and regulations of the university.

There are precedents in Indian administrative law where the courts have balanced these two
considerations of natural justice and the need to maintain standards of education. In the case of Board
of High School and Intermediate Education v Ghanshyam Das Gupta (1962 AIR 1110), the Supreme
Court has held that the principles of natural justice need to be followed before taking disciplinary action
against a student for academic misconduct.

Therefore, in this case, it is advisable for the students to approach the university authorities and
demand a hearing where they can make representations and plead their case. If the university
authorities are not receptive, they can approach the courts for redressal.

Problem23:

The State Legislature enacted an Act and Rules. Government wanted to enforce the rules of
the act, but has not released any official gazette or order. Can the government enforce such
rules on public at large? Decide on the remedies for the grievances of public giving reasons.

Solution:

In this case, the State Legislature has enacted an act and rules, but the government has not released any
official gazette or order to enforce the rules. The question here is whether the government can enforce
such rules on the public at large?

Under Indian administrative law, rules and regulations can be enforced only after they are published in
the official gazette or order. This requirement is based on the principle of notice, that is, the
government has a duty to inform the public at large about any new regulations that it intends to
enforce.

In the absence of publication in the official gazette or order, the government cannot enforce the rules
on the public at large. The individuals affected by the enforcement of the rules can approach the courts
for redressal.

One of the remedies available to the public at large is to file a writ petition before the High Court. The
High Court can issue a writ of mandamus, which is a court order directing the government to perform its
legal duty of publishing the rules in the official gazette or order. In the case of Veerappa Pillai v Raman
and Raman Ltd. (1952 SCR 583), the Supreme Court has held that the High Court has the power to issue
a mandamus to enforce a legal duty.

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In conclusion, it is important for the government to follow the correct procedure of publishing rules and
regulations in the official gazette or order before enforcing them. Failure to do so can result in violations
of the principle of notice and can lead to legal challenges.

Problem24:

"P" was an applicant for the post of "Chief Executive Officer". He is member of selection
committee. P was selected for the post. Q who also applied for the post did not get selected.
Decide what ground does Q have as remedies.

Solution:

In this case, Q has the ground of bias against P to seek a remedy. As a member of the selection
committee, P had a conflict of interest by participating in the selection process and also being an
applicant for the same post. This amounts to a violation of the principles of natural justice and fairness.
Q can challenge the selection process on the grounds of bias and seek a writ of certiorari from the High
Court to quash the decision.

In the case of Durga Shankar Mehta v. Raghuraj Singh (1955), the Supreme Court held that the rule
against bias is a fundamental principle of natural justice and cannot be ignored.

Problem25:

A Court has exceeded its jurisdiction and decided the matter and has given a decree.What
kind of remedy can be sought in the matter? Explain with reasons.

Solution:

In this case, the remedy that can be sought is an appeal in the higher court against the decision of the
lower court. If a court has exceeded its jurisdiction and given a decree, it is a ground for appeal in a
higher court. An appeal is a legal proceeding in which a higher court is asked to review the decision of a
lower court. In the case of K.S. Rashid v. ECI (1991), the Supreme Court held that an appeal is a valuable
right of a litigant and can be used to correct errors of law and jurisdiction. The appellate court can set
aside or modify the decision of the lower court if it is found to be erroneous or invalid.

Problem26:

A was an applicant for the post of Professor of Law. He was also a member of the Selection
Committee. Finally he was selected. B another applicant for the same post was not selected B
wants to challenge the Selection Process. Advise him.

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(Ph.No: 9346511881)

Solution:

In this situation, B can challenge the selection process by filing a writ petition in the High Court under
Article 226 of the Constitution of India. B can argue that the presence of A as a member of the Selection
Committee created a conflict of interest and compromised the fairness and impartiality of the selection
process. In the case of S.P. Gupta v. Union of India (1981), the Supreme Court held that the selection of
a candidate by a committee in which he or she is a member is illegal and void.

Problem27:

A driver's Licence was revoked by the Police authority on the ground of Misconduct. Without
giving him a reasonable opportunity to rebut the allegations made against
him. The cab driver filed a petition. Can he succeed?

Solution:

In this case, the government is liable to pay damages to the victim's family for the negligent and reckless
driving of the district collector's car. The principle of respondeat superior holds the employer vicariously
liable for the tortious acts of its employees committed during the course of their employment. In the
case of State of Rajasthan v. Vidhyawati (1962), the Supreme Court held that the state is responsible
for the negligence of its servants, and is liable to pay compensation to the victim's family.

Problem 28:

A had let out his Flat to B for 99 year at the rate E 2500 a year. He however due to war
conditions, agreed to reduce the rent by fifty percent. After the war was over tenants
returned. A demanded full amount of rent to which B objected relying on AS assurance.
Advise A.

Solution:

In this case, A cannot demand the full amount of rent from B as he had already given the assurance to
reduce the rent by fifty percent due to war conditions. This assurance created a valid contract between
A and B, which cannot be unilaterally altered by A. In the case of Haji T.M. Abdul Kadir v. Mst. Aliya Bibi
(1955), the Supreme Court held that a promise made under abnormal circumstances, such as war,
famine or other emergencies, which the promisor could not have reasonably foreseen, is binding on him
and cannot be repudiated.

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(Ph.No: 9346511881)

Problem29:

An organization, working to curb the evil of corruption, filed a petition before the Supreme
Court seeking a writ of Mandamus against the Government Bill. Is the petition maintainable?
Give reasons.

Solution:

The petition filed by the organization seeking a writ of mandamus against the government is
maintainable as it is a matter of public interest and relates to the enforcement of a legal duty owed by
the government. The writ of mandamus is a discretionary remedy available to the courts to enforce
public duties and is issued to compel a public authority to perform its statutory functions. In the case of
State of Karnataka v. Union of India (1978), the Supreme Court held that a writ of mandamus can be
issued to compel the government to perform a duty imposed on it by the Constitution or law.

Problem 30:

An M.L.A. belonging to opposition party was arrested and detained by the police, depriving
him of his right to attend the assembly session. What are the remedies available to him
against the state lawlessness?

Solution:

The remedy available to the MLA against deprivation of his right to attend the assembly session would
be to file a writ petition under Article 226 or 32 of the Indian Constitution. The writ of habeas corpus can
be used in cases of illegal detention, which is a violation of the right to personal liberty under Article 21.
Additionally, the MLA can also file a criminal complaint against the police for wrongful arrest and
detention.

In the case of DK Basu vs State of West Bengal (1997), the Supreme Court laid down guidelines to
prevent custodial violence, torture, and deaths in police custody. These guidelines include the right to
be informed about the arrest, the right to legal counsel, and the right to medical examination. Any
violation of these guidelines and the rights of the detained person would be considered a violation of
human rights and constitutional rights.

Problem31:

X a government employee traveling in a government vehicle used for Famine Relief worker
lost his life due to negligence of the driver of the Vehicle. X's widow filed a suit against the
state for damages - Explain.

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(Ph.No: 9346511881)

Solution:

For the negligence of the driver of the government vehicle, X's widow can file a suit for damages against
the state under the law of torts. The state is vicariously liable for the negligence of its employees, and
therefore, X's widow can claim compensation for the loss of her husband's life.

In the case of Vijaykumar Ishwarlal vs State of Maharashtra (2006), the Supreme Court held that a
claim for damages arising out of injuries sustained in an accident caused by the negligence of a
government vehicle can be made against the state. The state is held to a higher standard of care in such
cases, and any deviation from this standard would make the state liable to pay damages.

Problem32:

A Tribunal of limited jurisdiction exercise Jurisdiction over the subject matter of dispute by
erroneously interpreting a statutory provision, and passed an order which it has no authority
to pass. This was challenged through a writ petition. Will the petitioner succeed? If yes what
type of writ can be issued in such a case?

Solution:

A Tribunal of limited jurisdiction exercised jurisdiction over the subject matter of dispute by erronoeusly
interpreting a statutory provision, and passed an order which it has no authority to pass. This was
challenged through a writ petition. The petitioner is likely to succeed.

The appropriate writ that can be issued in such a case is a writ of certiorari (Article 226 of the
Constitution of India), which a High Court can issue to quash an illegal order passed by a subordinate
court or tribunal. In this case, the petitioner can argue that the Tribunal exceeded its jurisdiction by
wrongly interpreting a statutory provision and passed an order which it had no authority to pass.

For example, in the case of State of U.P. v. Mohammad Nooh (1958), the Supreme Court held that a writ
of certiorari can be issued to quash an order of a court, tribunal or authority that has acted without
jurisdiction or has failed to exercise jurisdiction vested in it by law.

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