Administrative Law

1.) What do u mean by welfare state?

A welfare state is a concept of government where the state plays a key role in the protection
and promotion of the economic and social well-being of its citizens. It is based on the
principles of equality of opportunity, equitable distribution of wealth, and public
responsibility for those unable to avail themselves of the minimal provisions for a good life.
The general term may cover a variety of forms of economic and social organization. The
welfare state is a system wherein government agrees to underwrite certain levels of
employment, income, education, medical, social Security and housing for all its citizens. The
essential of the welfare state are population, fixed territory, government and sovereignty.
Important Function of the Welfare State:
1. Protection of life and liberty
2. Protection from external invasions
3. Maintenance of law and order
4. Social and economic security
5. Eradication of poverty
6. Development of natural resources
7. Imposition and collection of taxes
8. Provision of political equality
Objectives of Welfare State:
1. To provide economic security
2. Social equality
3. Political security
4. To seek public welfare
5. To achieve international cooperation
A police state is a state where the functions of the state are confined to defence, collection of
revenue, maintenance of law and order and administration of justice. In welfare state seeks to
eliminate poverty and exploitation promote literacy provide employment manufacture and
distribute commodities remove social and gender bias provide education prevent monopolies
and restrictive and unfair trade practices provide human rights and conserve environment.
2. Define administrative law? Objective? Nature & Scope? Growth? Sources?
Administrative Law is that branch of law that deals with powers, functions &
responsibilities of various organs of the State. Administrative law of primarily deals with the
relationship of individuals with the organized power. There is no precise and perfect
definition of Administrative law. Definitions of Administrative law may also change with the
changing Times. Many Jurists have made attempt to define administrative law but none of
these definitions completely give exact nature, scope, and contents of Administrative law.

Some Important Definitions of Administrative Law -

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1) K.C Davis - According to K.C Davis, "Administrative law is the law concerning
the powers and procedure of Administrative Agencies, including specially the law
government Judicial review of Administrative action.
2) Professor H.W.R. Wade - According to Professor Wade, “administrative law is the
law relating to control of governmental powers.
3) Ivor Jenning - According to Ivor Jenning, "administrative law is the law relating to
administration. Help determines the organization, powers, and duties of Administrative
authorities.
4) Garner - According to Garner, "administrative law may be described as those rules
which are recognized by the court as law and which relate to regulate the administration of
government".
5) Jain and Jain - Jain and Jain defines the administrative law as it deals with the
structure, powers and functions of the organs of Administration, the limits of their powers,
the methods and procedure followed by them in exercising their powers and functions, the
methods by which their powers are controlled including the legal remedies available to a
person against them when his rights are infringed up by their operation".
6) Indian Law Institute - According to Indian Law Institute, "administrative law deals
with the power of Administration, how those powers are exercised, what are the limits on
those powers, what are the ways in which these powers are kept within those limits, the
procedure followed by administrative authorities and the remedies available to a person when
affected by administration."
7) Griffith and Street - According to Griffith and Street, " The main object of
Administrative law is the operation and control of Administrative authorities."

Primary Objective of Administrative Law:

The main object of administrative law is to protect the interests of the public as it interacts
with the government. Thus its main aim is to provide a formula for preventing abuse, non-
use, of power by administrative authorities, and thus provide a mechanism for government,
that is transparent and accountable. It keeps the government authorities within their bounds so
that the legitimate interests of citizens do not suffer.
Primary function of administrative law is to keep governmental powers within the limits of
law and to protect private rights and individual interests. Rule-making power (delegated
legislation) and an authority to decide (Tribunal/Court) are described as effective and
powerful weapons in the armory of administration.
4 sources of AL are Judicial decisions, statue’s, committee report, administrative practice.
Reasons for growth of Administrative law.
Change in role played by state - As the States changed their nature from laissez-faire to
that of a welfare state, government activities increased and thus the need to regulate the same
this branch of law developed.
The inadequacy of legislature - The legislature has no time to legislate upon the day-to-
day ever-changing needs of the society. Even if it does, the lengthy and time-taking
legislating procedure would render the rule so legislated of no use as the needs would have
changed by the time the rule is implemented.Thus, the executive is given the power to

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legislate and use its discretionary powers. Consequently, when powers are given there arises
a need to regulate the same.
The inefficiency of Judiciary - The judicial procedure of adjudicating matters is very slow,
costly complex and formal. Furthermore, there are so many cases already lined up that speedy
disposal of suites is not possible. Hence, the need for tribunals arose.
Scope for the experiment - As administrative law is not a codified law there is a scope of
modifying it as per the requirement of the State machinery. Hence, it is more flexible. The
rigid legislating procedures need not be followed again and again.
Better enforcement - After taking preventive measures administrative authorities are well
equipped to enforce such measures such as suspension or cancelation of license etc.
Combination of functions and policy formation. - For better framing of policies and giving all
round solution to problems.
Policy implementation.
Scope of Administrative Law
Administrative law determines the organization, powers and duties of administrative
authorities. Emphasis of Administrative Law is on procedures for formal adjudication based
on the principles of Natural Justice and for rule making.
Concept of Administrative Law is founded on the following principles:
(a) Power is conferred on the administration by law.
(b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
(c) There should be reasonable restrictions on exercise of such powers depending on the
situation.
Though administrative law is as old as administration itself since they cannot exist separately,
in India the early signs/existence of administrative law could be found in the treatises written
during the reign of the Mauryas, Guptas, Mughals as well as East India Company.
It is based on the concept of rule of law that supports Natural Justice i.e. adjudication based
on impartiality, unjustness and the prescribed laws and legal methods instead of arbitrariness
and abuse of official power. Natural justice is basically applied in cases where there are no
laws prescribed, here the individual has to be given an opportunity to be heard and the
judgment is to be taken into consideration the particular facts and cases of the case and the
judgment should be free from bias. It is to prevent violation of people’s rights by officials in
power.
Sources of administrative law Are: constitution, statues, ordinances, delegated legislation,
case laws, report of committees and the maxim of equity, ubi jus ibi remedium.
3. difference between English and Indian administrative law?
English Admin Law Indian Admin Law
In England the parliament is supreme and In India the constitution is supreme and
not the judiciary. not the parliament.
In England courts have no power to declare In India constitution confers almost
any law passed by parliament as unlimited powers on judiciary.
unconstitutional.

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 In England scope of judicial review on Judicial review is confined to administrative
administrative action is very limited. action.

4. Key Differences Between Administrative Law and Constitutional Law

Constitutional Law Administrative law

The ultimate law of any nation-state is Administrative law is ancillary to the

Constitutional law. ultimate law.

Deals with the organs of the State and its Deals with the actual functioning of the
structure organs of the State.

It has a wide scope and deals with the It has a narrow scope and only deals with
powers of the State, general principles of the powers and functioning of the
governance, and the relationship between Administrative bodies.
the citizens and the State.
It is codified into a single text in countriesIt is not codified. There might be
with a written constitution. hundreds of thousands of Administrative
laws.
Constitutional law establishes an Administrative law defines its legal roles
Administrative body and limitations. Therefore, it can be seen
as the action arm of constitutional Law.

5. Note on Dicey’s Rule of Law? Case laws? Application of Rule of law in Indian
constitution?
Rule of law is a political ideal that all the citizens and institution within the country state
are accountable to same laws including lawmakers and leaders. It is stated as no one
above law. the Rule of Law is basic foundation on which the unwritten constitution of
England is based. It is also incorporated in constitution of India and USA. The entire
basis of admin law is principle of the rule of law.
Sir Edward coke chief justice when James I was the king of England successfully
maintained that even king was subject to the law, thus establishing the supremacy of law
over the executive.
AV Dicey developed this theory of Rule of law in its modern form in 1885 in his treatise
the law and the constitution.
Definition of Rule of Law
• As per Prof. A.V. Dicey, “the rule of law means the absolute supremacy or predominance of
the regular law as opposed to the influence of arbitrary power and excludes the existence of
arbitrariness or even of wide discretionary authority on the part of the government.” (The
Law of the Constitution)

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According to Prof. Dicey, 3 rules of law contains three principles or it has three meanings as
stated below:
1. Supremacy of Law: The First meaning of the Rule of Law is that 'no man is punishable or
can lawfully be made to suffer in body or goods except for a distinct breach of law
established in the ordinary legal manner before the ordinary courts of the land. A man can be
punished only for a breach of the law and for nothing else. In simple words the government is
subject to law and not vice versa.
2. Equality before Law: The Second meaning of the Rule of Law is no man is above law. all
persons whether private individuals or government officers should be subject to the same law
and answerable to same set of courts.
3. Predominance of Legal Spirit or the Third meaning of the Rule of Law is that the law
courts should be guarantors and protectors of the liberty of the citizens.
its advantages:
• Rule of Law imposed and helped in imbibing a sense of restraint on administration. The
government was bound to work within the legal framework. Further, by stating that the law is
supreme, he made every law made by the legislature supreme, thus, promoting parliamentary
supremacy. There cannot be self-conferment of power as even an ordinary law is supreme.
All laws, public or private, are being administered by the same set of independent and
impartial judiciary. This ensures adequate check on the other two organs.
Rule of Law and Indian Constitution
• The Constitution of India is based on the concept of the rule of law. Fundamental rights are
guaranteed by part III of the constitution and these rights are made justiciable by at. 32 and
226. It is clear that in India the constitution is supreme and the executive the legislature and
the judiciary are all subject to this all-pervading charter. It provides that the constitution shall
be the supreme power in the land and the legislative and the executive derive their authority
from the constitution.
• Article 21 provides a further check against arbitrary executive action by stating that no
person shall be deprived of his life or liberty except in accordance with the procedure
established by law.
• Article 14 ensures that all citizens are equal and that no person shall be discriminated on the
basis of sex, religion, race or place of birth, finally it ensures that there is separation of power
between the three wings of the government and the executive and the legislature have no
influence on the judiciary. By these methods, the constitution fulfils all the requirements of
Dicey’s theory to be recognized as a country following the Rule of Law.
• The Indian Judiciary has played an instrumental role in shaping Rule of Law in India. By
adopting a positive approach and dynamically interpreting the constitutional provisions, the
courts have ensured that the Rule of Law and respect for citizens’ rights do not remain only
on paper but it is also available in the society.

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• In Bachhan Singh v. State of Punjab, it was held that the Rule of Law has three basic and
fundamental assumptions.
They are- 1) There must be independent judiciary to protect the citizens against excesses of
executive and legislative power. 2) Even in the hands of the democratically elected
legislature, there should not be unfettered legislative power; and Law making must be
essentially in the hands of a democratically elected legislature;
Until 1975 one could say in confidence that the concept of rule of law was deeply rooted in
the Indian system. but when emergency was declared by India’s prime minister Indira Gandhi
in 1975 people began to reconsider if the 3 rd principle of rule of law was part of the system.
When emergency was declared by Mrs. Gandhi on the ground of internal disturbances in the
country the enforcement of art. 14,19,21,22 were suspended. Hundreds of persons mostly
opposition leaders were arrested under MISA. Most of them were not even informed why
they were detained. Further due to this SC and HC were flooded with habeas corpus petitions
wherein state contented that since the enforcement of art. 21 was suspended the petitions
were liable to be dismissed.
The matter was heard by SC and 5 member Board headed by CJ Ray considered the legal
position and handed down a 4:1 judgement in what is known today as famous habeas corpus
case Additional Magistrate of Jabalpur vs shivkant Shukla AIR 1976 SC1207.
The main question before SC was whether there was any rule of law in the constitution apart
from Art 21. Answering to this in negative a majority held that art 21 is our rule of law and
no other rule of law can have separate existence as distinct right. In other words, the rule of
law itself stood suspended during emergency.
Conclusion: whatever may be the pitfalls, it cannot be denied that rule of law is today
synonymous with the fundamental rights and liberties of citizen in a democracy.

6. Note on Droit Administratif?

Under French administrative law 2 independent sets of court have been set up. Ordinary court
administer justice in cases of disputes between citizens whereas the administrative courts
have jurisdiction in matters where the disputed are between state and the one or more citizen.
the system also envisages 2 sets of law in these courts. Napoleon Bonaparte was the founder
of the Droit administrative. It was he who established the Conseil d’Etat. Under Droit Admin
state officials enjoyed several immunities.
In short French administrative law is known as Droit Administratif which means a body of
rules which determine the organization, powers and duties of public administration and
regulate the relation of the administration with the citizen of the country. Droit
Administrative does not represent the rules and principles enacted by Parliament. It contains
the rules developed by administrative courts.
Droit Administratif includes three rules:

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 1. Rules dealing with administrative authorities and officials: These relate to
appointment, dismissal, status, salary and duties etc.
2. Rules dealing with the operation of public services to meet the needs of citizens
These services may be operated either wholly by public officials or under their supervision or
they may assist private agencies to provide public utility services.
3. Rules dealing with administrative adjudication: If injury is done to a private citizen
by the administration, the matter would be decided by the administrative courts. “Conseil
d’Etat” is the highest administrative Court in France.

Characteristics of Droit Administratif:

1. The matters that are associated with the State and administration oriented litigation
are to be decided by the administrative courts and not by the ordinary courts of the land.
2. Those deciding matters concerning the State and administrative litigation, rules as
developed by the administrative courts are applied.
3. The deciding agency in matters of jurisdiction conflicts between the two courts,
namely the administrative and ordinary, is known as Tribunal des Conflicts.
4. The Droit Administratif acts as a safeguard for the government officials from the
authority of the ordinary courts.
5. The development of Conseil d‘Etat is not a one day plan but the product of a long
going process surrounding the French Revolution. It played the role of both a consulting and
an adjudicating body.
The characteristics mentioned above give a summary as to the application of Droit
Administratif. Also it was important to note that French subjects could expect faster and
cheaper relief from Conseil d etat then English citizens could when administrative agencies
where guilty of action.

7. Note on Doctrine of Separation of Powers? Organs of Government and functions?

The Legislature, Executive and Judiciary are the three organs of the government. The
functions of each are:
Legislature: It forms laws and procedures, along with examining the administration and its
resolutions. The chief function of the legislature is to enact laws.
 It is the basis for the functioning of the other two organs, the executive and the
judiciary.
 It is also sometimes accorded the first place among the three organs because until and
unless laws are enacted, there can be no implementation and application of laws.
Executive: It comprised of the President or Governor, Council of Minister at Union or State
level, along with the administration which executes and enforces laws made by the
legislature. The executive is the organ that implements the laws enacted by the legislature and
enforces the will of the state.
 It is the administrative head of the government.

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  Ministers including the Prime/Chief Ministers and President/Governors form part of
the executive.
Judiciary: The Supreme Court (SC) at the top level to the community courts at the bottom.
They interpret the laws made. The judiciary is that branch of the government that interprets
the law, settles disputes and administers justice to all citizens.
 The judiciary is considered the watchdog of democracy, and also the guardian of the
Constitution.
It comprises the Supreme Court, the High Courts, District and other subordinate courts.
Separation of powers divides the mechanism of governance into three branches i.e.
Legislature, executive and the Judiciary. The powers of and functions government must
always be kept separate and exercised only by respective organs. In simple words Each
organ should have different persons in capacity, i.e., a person with a function in one organ
should not be a part of another organ. One organ should not interfere in the functioning
of the other organs like legislature must only legislate, likewise executive must only
administer and judiciary must only adjudicate.

Objectives of Separation of Powers:

1. Firstly, it aims to eliminate arbitrariness, totalitarianism and tyranny and promote an
accountable and democratic form of government.
2. Secondly, it prevents the misuse of powers within the different organs of the
government. The Indian Constitution provides certain limits and boundaries for each
domain of the government and they are supposed to perform their function within
such limits. In India, the Constitution is the ultimate sovereign and if anything goes
beyond the provisions of the constitution, it will automatically be considered as null,
void and unconstitutional.
3. Thirdly, it keeps a check on all the branches of the government by making them
accountable for themselves.
4. Fourthly, separation of powers maintains a balance among the three organs of
government by dividing the powers among them so that powers do not concentrate on
any one branch leading to arbitrariness.
5. Fifthly, this principle allows all the branches to specialize themselves in their
respective field with an intention to enhance and improve the efficiency of the
government.
Advantages: There are various advantages with the acceptance of this doctrine in the
system;
1. The efficiency of the organs of state increased due to separation of works hence time
consumption decreases.
2. Since the experts will handle the matters of their parts so the degree of purity and
correctness increases.
3. There is the division of work and hence division of skill and labour occurs.
4. Due to division of work there is no overlapping remains in the system and hence
nobody interferes with others working area.

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 5. Since the overlapping removed then there is no possibility of the competition in
between different organs.
Disadvantages: As there are advantages attached to this doctrine, there are some
disadvantages can also occur due to this doctrine:
1. As I have said there will be increased efficiency but reverse effect can also be seen
because of the overlapping between rights of the organs if we are not following the
doctrine in its strict sense because organs may fight for the supremacy over each
other.
2. There is also a possibility of competition between organs again for proving ones
supremacy over the other organ.
3. There is also possibility of delay of process because there will not be any supervisor
over other hence the actions of the organs can become arbitrary. Provisions that
Substantiate Separation of Power Article 53(1) and Article 154 of the Indian
Constitution clearly say that the Executive powers of the Union and the States are vest
in the President and Governor respectively and shall only be exercised directly by him
or through his subordinate officers.
Separation of power in light of Indian legal system: Article 122 and Article 212 of the Indian
Constitution state that the courts cannot inquire in the proceedings of Parliament and the State
Legislature. This ensures that there will be no interference of the judiciary in the legislature.
Article 105 and Article 194 of the Indian Constitution specify that the MPs and MLAs cannot
be called by the court for whatever they speak in the session.
Article 50 of the Indian Constitution encourages the separation of judiciary from the
executive in the states. Article 245 of the Indian Constitution gives authority to Parliament
and State Legislature for making laws for the whole country and the states respectively.
Article 121 and Article 211 of the Indian Constitution state that the judicial conduct of any
judge of the Supreme Court or High Court shall not be discussed in Parliament or State
Legislature.
Article 361 of the Indian Constitution specifies that the President and the Governor are not
accountable to any court for exercising their powers and performance of duties in his office.
Separation of Powers and Judicial Pronouncements in India
The first major judgment by the judiciary in relation to Doctrine of separation of power was
in Ram Jawaya v state of Punjab. The court in the above case was of the opinion that the
doctrine of separation of power was not fully accepted in India. Further, the view of
Mukherjea J. adds weight to the argument that the above-said doctrine is not fully accepted in
India. He states that: "The Indian Constitution has not indeed recognized the doctrine of
separation of powering its absolute rigidity but the functions of the different parts or branches
of the government have been sufficiently differentiated and consequently it can very well be
said that our constitution does not contemplate assumption, by one organ or part of the state,
of functions that essentially belong to another". Then in Indira Nehru Gandhi v. Raj
Narain, where the dispute regarding Prime Minister's election was pending before the
Supreme Court, it was held that adjudication of a specific dispute is a judicial function which
parliament, even under constitutional amending power, cannot exercise. So, the main ground
on which the amendment was held ultra vires was that when the constituent body declared

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that the election of Prime Minister wouldn't be void, it discharged a judicial function that
according to the principle of separation it shouldn't have done. The place of this doctrine in
the Indian context was made a bit clearer after this judgment.
Conclusion:
The doctrine of separation of powers must be interpreted in a relative form. In the era of
liberalisation, privatisation and globalisation, separation of power has to be expounded in a
wider perspective. It should not be curb to the principle of restraint or strict classification
only but a group power exercised in the spirit of cooperation, coordination and in the interest
of the welfare of the state. Though this doctrine is unfeasible in its rigid perception
nevertheless its effectiveness lies in the prominence on those checks and balances which are
necessary in order to avert maladroit government and to prevent abuse of powers by the
different organs of the government.
8. What is quasi-judicial function?
Quasi-judicial is defined as an action by an administrative agency
which[i];

 ascertains certain facts,

 hold hearings,
 weigh evidence,
 make conclusions from the facts as a basis for their official action,
and
 exercisesdiscretion of a judicial nature.
A quasi-judicial proceeding investigates a disputed claim, weighs
evidentiary facts and reaches a binding decision[ii].

9. Note on Kraipak vs UOI?

In 1966 a new service called Indian forest service was constituted. The selection for this
service was to be made from the officers serving in forest department of the state. A selection
committee was set up to recommend the names of officers and the final selection was to be
made by UPSC.
In the State of J & K, Mr. N was appointed as the chief acting conservator of forest. 2 officers
senior to him had been superceded and they filed a petition against their supercession. In the
mean while the selection committee for recommending the names was formed and Mr. N was
appointed as is ex officio chairman. The committee recommended several names including
Mr. N but excluded the 2 officers who had been superceded.
The recommendations of the selection committee were challenged on the basis that a person
who was selected was also one of the selectors. This it was argued that there was gross
violation of natural justice.
The SC had no hesitation in striking down the selection observing that a man cannot be a
judge in his own cause. Court felt that very fact as he was a member of the selection
Committee he would have an impact on the decision of the other members in the committee.
Although he did not participate when 2 officers were discussed for selection. but he was part

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to preparation of list selected candidates. Thus at every stage there was conflict between his
interest and his duty. Under these circumstances it is difficult to believe that Mr. N could be
impartial. Acc. to SC the real question was not whether he was biased what we have to see is
whether there is reasonable ground for believing that he was likely to have been biased.
Justice Hedge in above case made certain observations which are relevant today as they were
in 1970. He remarked:
the dividing line between the admin power and quasi-judicial power is quite thin and is being
gradually obliterated. What was considered as an admin power some years ago is now
considered as quasi-judicial power.
Following are functions of administrative authorities and can be said to be quasi-judicial
and not administrative in nature: Disciplinary proceeding against student, dismissal of an
employee for his alleged misconduct, confiscation of goods, determination of citizenship of
as person, forfeiture of pension.
Following functions have been held administrative and not quasi-judicial: order of preventive
detention, order setting up commission of enquiry, order granting sanction to prosecute a
public servant, order to acquire private property, a decision to withdraw a prosecution.
Conclusion:
The court held that the selections made by the Selection Committee were in violation of the
principles of natural justice because there was a real likelihood of a bias for the mere
presence of the candidate on the Selection Board may adversely influence the judgment of
other members.
The Supreme Court ruled in A.K. Kraipak v. Union of India (AIR 1970 SC A) that a person
who serves on a committee that selects candidates for a job must not be a candidate for the
job himself. The logic is that the judges could be impartial and neutral.
10. What is delegated legislation? Define? need or growth of DL? Note on DL?
Advantages and Disadvantages?
The common meaning of “legislation” is the making of a law. The legislature makes laws. It
is difficult for the Parliament to carry out and maintain the same as per the law. Hence, the
powers are delegated to the executive as per the Constitution. This delegation of powers to
other organs is called delegated legislation. Delegated legislation refers to all law-making
that takes place outside the legislature and is generally expressed as rules, regulations, bye-
laws, orders, schemes, directions or notifications, etc. In other words, when an instrument of
a legislative nature is made by an authority in the exercise of the power delegated or
conferred by the legislature is called subordinate legislation or delegated legislation.
Delegated legislation refers to the process of granting authority to other bodies or authorities
to create rules and regulations on behalf of the legislature. In India, the Constitution allows
Parliament and state legislatures to delegate their lawmaking powers to executive bodies, like
the central and state governments, as well as administrative agencies.
If the function of legislation is entrusted to any organ of the government other than
legislature, such legislation being by legislature itself the resulting legislation made by
non-legislative organ is called delegated legislation.

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Salmond has stated: “Legislation is either supreme or subordinate.” Legislation is of 2 types
supreme or subordinate.
Supreme Legislation: It is the legislation that is made by the sovereign authority of the State.
It cannot be repealed, annulled, or controlled by any other legislative authority. For example,
in India, the Parliament is the supreme legislator.
Subordinate legislation: Delegated legislation is also known as secondary or subordinate
legislation, is a form of law that allows an individual or body under powers conferred to them
by an Act of Parliament to make laws. These individuals or bodies could include government
ministers, local authorities, or corporations.
The key characteristic of delegated legislation is that it involves passing the law-making
powers from the higher authorities (usually the legislative) to the lower authorities. The
purpose behind this is to save legislative time, respond quickly to new developments, and
allow for flexibility and expertise. In case of DL the act of legislature that confers such
powers is known as parent act or primary law and the rules regulation orders etc made by
executive pursuant to such delegation is known subordinate legialation or DL or Subordinate
laws or child legislation.
Examples: Rules, regulations, by-laws etc., are some of the examples of delegated
legislation.
Reasons for the Growth/development of delegated legislation in India:

1. Reduces the Pressure on Parliament: The area, scope, or horizon of state

responsibilities are increasing every day and making it difficult for the Parliament to
make the laws on each and every matter as they are having a lot of obligations to fulfil
and they also have to make regulations on variety of matters. The Parliament is so
much engaged in matters concerning foreign policy and political issues, as a result of
which it is not able to focus well on other matters or issues. So, it only frames the
extensive part of the rule, summarizes the legislation and gives that to the executive or
any of it subordinate authorities to complete their roles and responsibilities
efficiently.
2. Technicality of the matters: With the progress and development of the society,
things have become more bitter, complex and technical. So, to understand the
technicality of each and every topic, legislature needs the expert advice or suggestions
on the specific matters and issues, who are well aware of even minute details of that
matter. In order to have a, control over such matters immense acquaintance and
understanding is essential. Therefore, legislative power maybe conferred on experts to
deal with technical problems.
3. Provides Flexibility: Modifications or amendments made by the Parliament are quite
sluggish and it needs a procedure that helps to make any kind of laws and this is
possible by the concept of delegated legislation, as the laws can be made with speed
and efficiency with the help of the executives and other subordinate bodies. Another
challenge is that, the Parliament cannot predict the future possibilities, while enacting
a law. So, to make this possible the responsibilities are being given to other

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 subordinates as well and statues have removal clause which empowers the executive
to remove difficulties that arise in implementation of statues.
4. Experimentation: The exercise of delegated legislation empowers the Executive to
do an experiment. the Admin Authorities can frame new rule try it out for some time
and if found unsuitable or unworkable may modify or even repeal it without much
formality.
5. Emergency Situations: In all kinds of emergency kind of situation, one should know
how to deal with such problems, rapidly without any place for obstructions and
delays. The legislature does not have every skill, for providing an urgent answer, in
such crucial times, to deal with the situation of emergencies. Delegated legislation one
and only way to look after the emergency situations swiftly. Therefore, at the times of
emergency and war, an executive as an organ is provided with a wider scope to
exercise its powers to deal with such circumstances.
6. Complex Modern Administration: The contemporary administration have started
dealing with added tasks and duties, when it worked for ensuring improved and
developed environment for the citizens such as ensuring their employment, health,
education, and other professional activities. Therefore, the complexity in the modern
administration and extension in number of states, functions towards the social and
economic spheres has permitted for the establishment of new kinds of legislations and
hence, in this way, it provides wide-ranging powers and controls to varied authorities
on various instances or events.
Advantages of Delegated Legislation
 Saves cost and time when dealing with emergencies.
 More flexible as compared to non-delegated legislation.
 Helps in finding the bottlenecks.
 Sets up a new base for the amendment of statutes, which is the demand of time.
 Helps in relieving the burden on Parliament.
 The affected person’s interest is maintained.
 Experimentation
 Control over administrative authority.
 Technical issues by having experts on panel
Disadvantages of Delegated Legislation
 More claims for review of legislation.
 The influence of superior courts may cause interference.
 Authorities may follow the dictatorial principle.
 Increase in corruption and misuse of powers.
 Lack of legal knowledge among common people may trigger unavoidable situations.
 Slowly, the executive will start encroaching upon the legislature if delegation is
obscure.
 It is against the doctrine of separation of powers.
 The executive becomes more powerful.
 No prior publicity.
 Possibility of confusion and poor Drafting.

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11. What are Types/classification/forms of Delegated Legislation?
Administrative rule-making or delegated legislation in India is commonly expressed by
the term 'statutory rules and orders. Parliament follows no particular policy in choosing the
forms of delegated legislation, and there is a wide range of varieties and nomenclature. The
Delegated legislation can be classified under various classes depending on the purpose to be
achieved:
1. Title-based classification: An Act may empower an authority to make regulations, rules,
or bye-laws, to make orders, or to give directions.
2. Discretion-based classification (Conditional Legislation): Another classification of
administrative rule-making may be based on discretion vested in rule-making authority. On
the basis of 'discretion' administrative rule-making may be classified into subordinate and
contingent or conditional legislation.
3. Purpose-based classification: Another classification of administrative rule-making would
involve the consideration of delegated legislation in accordance with the different purposes
which it is made to serve. On this basis, the classification may be an Enabling Act, Alteration
Act, Taxing Act, Supplementary Act, Classifying and Fixing Standard Act, Penalty for
Violation Act, etc.
4. Authority-based classification (Sub-Delegation): Another classification of
administrative rule-making is based on the position of the authority making the rules.
Sometimes the rule-making authority delegates to itself or to some other subordinate
authority a further power to issue rules; such exercise of rule-making power is known as sub-
delegated legislation. Rule-making authority cannot delegate its power unless the power of
delegation is contained in the enabling Act.
12. what is henry VIII clause?
The expression Henry VIII Clause refers to executive authority. Generally, any legislature,
while delegating its power of law making to the executive does not confers power on the
executive to amend or vary the Parent Act. If a clause is inserted in the statute conferring
power on the executive to amend or vary the Parent Act, it is called Henry VIII clause. In
England, during the period/regime of the king Henry VIII, several laws were passed
empowering the executive to amend the Parent Act. This type of delegated legislation is
popularly known or nicknamed as Henry VIII Clause type of delegated legislation. Objective
of Henry VIII Clause: the main object of the Henry VIII Clause type of delegated legislation
is to remove certain difficulties. King Henry VIII succeeded in removing all difficulties in the
enforcement of his will by resorting to/ adopting this type of delegation. E.g. National
Insurance Act, 1911 in England. The Henry VIII Clause type of delegated legislation should
be conferred on the executive only in exceptional cases to remove difficulties.
13. What is doctrine of excessive delegation?
Excessive delegation in administrative law refers to the phenomenon where the legislative
body grants broad decision-making powers to administrative agencies without clear guidance
or adequate checks and balances.
14. what is Conditional Legislation/Contingent Legislation?

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Conditional legislation may also be called contingent legislation. Where the legislature passes
a law which is full and complete but such laws is brought into force by the authorities on
fulfilment of certain condition. In such cases parliament that enacts law but it’s coming into
force is made to depend on certain conditions. It can be withdrawn from the operations in
certain areas or in certain situations. It can be applied to certain class of people.
15. what is Sub-Delegated Legislation?
This kind of delegation happens when an administrative authority on whom legislative
powers are conferred upon by Parliament further delegates these powers to another
subordinate authority or agency. This is permitted only if the Parent Act contains provisions
that enable such a kind of delegation.
16. Case Laws Related to Delegated Legislation?
L. M. Sundaram vs Director of legal studies (AIR 1981 Mad 198)
The court upheld the validity of a rule made by Bar council of India providing that a person
enrolling for 3-year course should have attended at least 60% of classes conducted in each
subject.
Kiran Gupta vs State of U.P (AIR 2000 SC 3299)
In this case UP secondary services commission was authorized by an act to lay down the
guidelines for the recruitment of teachers. when this provisions were challenged on the
ground of excessive delegation of an essential legislative function the SC reject this argument
and held the provisions to be valid. the SC observed that the commission was body of experts
and could be entrusted with the duty of selecting teachers.
Re Delhi Laws Act
In re Delhi Laws Act, Precepts are stated as follows:
 Parliament cannot give up on creating another legislative body.
 Delegation power is adjunct to legislative power.
 Repealing power cannot be delegated.
 Necessary functions of the legislature cannot be delegated, whereas unnecessary ones
can be.
17. note on legislative/Parliamentary control of DL?
Under Delegated Legislation there are mainly three kinds of control mechanism:
1. Parliamentary Control;
2. Judicial Control;
3. Executive Control
Parliamentary Control Over Delegated Legislation: This is up to Parliament to give
anyone the powers that it possesses, just as parliament transfers legislative powers to
some other entity, e.g. executive, they must ensure that such powers are duly exercised by
the government and there is no abuse of authority that the executive is provided with.
The parliament provides a number of safeguards to secure the proper exercise of the power
by the delegate. The executive is responsible to the legislature at two stages of control.
1. Pre-enactment control
2. Post-enactment control
Pre-enactment control: In England the Rule of Procedure Act, 1988, requires that if a bill to
be passed in the House of Commons involves delegation of the legislative powers, it should

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be accompanied by a memorandum explaining the proposal with special reference to the
scope of the delegation, stating whether such delegation is normal or is exceptional in nature.
This provision enables the members of the legislature to examine such delegation from all
possible angles before the Bill is passed.
Due to quality debates taking place in the parliament, in India there is no such provision.
Post Enactment control:
Laying on the table (Placing Before Parliament): The object of this Laying techniques bring
the legislature into close and constant contact with the administration. It serves two purposes:
firstly, it helps the legislature in informing as to what all rules have been made by the
executive authorities in the exercise of delegated legislation. Secondly, it provides the forum
to the legislators to question or challenge the rules made or proposed to be made. By this
provision the legislature exercises supervision, check and control over executive rulemaking
power. Thus this provision acts as a Safety Valve.
Types of laying:
 Laying without further provision for control: In this type of laying the rules and
regulations come into effect as soon as they are laid. It is simply to inform the house
about the rules and regulations. It is a weak form of control because the intention is
only to inform the house and not to have any discussion.
 Laying with immediate effect but subject to annulment: Here the rules and
regulations come into operation as soon as they are laid before the parliament.
However, they cease to operate when disapproved by the parliament within a
prescribed/given/reasonable time. It is a negative resolution procedure.
 Laying subject to negative resolution: In this process, the rule comes into effect as
soon as they are laid before the parliament, but shall cease to have effect if annulled
by a resolution of the house. They shall not become effective until a stipulated period
of time has expired. It is also a negative resolution procedure.
 Laying subject to affirmative resolution: This technique takes two forms: firstly,
that the rules shall have no effect or force unless approved by a resolution of each
house of parliament. Secondly, the rules shall cease to have effect unless approved by
an affirmative resolution. It is positive resolution procedure.
 Laying in draft subject to negative resolution: Such a provision provides that when
any act contains a provision for this type of laying the draft rules be placed on the
table of the house and shall come into force after forty days from the date of laying
unless disapproved before that period.
 Laying on table is not always effective and members of legislature often have no time
or expertise to study and scrutinize the rules framed by the executive. This led to
formation of scrutiny committee whose functions is to scrutinize the DL and file a
report before the legislature. In India, there is no statutory provision requiring ‘laying
of’ of all delegated legislation. In the absence of any general law in India regulating
laying procedure, the scrutiny committee made the following suggestions:
1. All acts of parliament should uniformly require that rules to be laid on the table of the
house ‘as soon as possible’ and rules made by executive should not go beyond the
rule making power conferred on it by parent act.
2. The laying period should uniformly be thirty days from the date of final publication of
rules.
3. The rule will be subject to such modifications as the house may like to make.
4. No tax to be imposed by rules regulations etc.
5. The language of the rules should be simple and clear
6. Discriminatory rules should not be made by legislature.

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18. Judicial Control Over Delegated Legislation? Doctrine of ultra vires?
Judicial control over delegated legislation is an essential form of control in most countries. It
allows the courts to review the validity of delegated legislation. Judicial review is justified
based on the constitutional obligation of the courts to uphold the rule of law. The judiciary
ensures that the laws made by Parliament are not inconsistent with the constitution and that
delegated legislation falls within the limits set by both the parent statute and the constitution.
Judicial control is considered effective because courts have the power to invalidate a law if it
is found to be ultra vires (beyond the scope) of the parent statute or the constitution.
the delegated legislation can be challenged in India in the courts of law as being
unconstitutional, excessive and arbitrary. It can be controlled by the Judiciary on two grounds
i.e., firstly, it should be on the ground of substantial ultra vires and secondly, it should be on
the ground of procedural ultra vires.
The expression ultra vires means beyond the capacity or power of the person or authority
who has done a particular act. Thus an act is ultra vires when it is beyond the authority or
jurisdiction of the person who has done it.
Substantive ultra-vires means that the delegated legislation has no substantive power under
the empowering Act to make the rules in question in other words it means that the delegate
cannot make a rule which is not authorized by the parent statute. Therefore, the delegated
legislation may be held invalid on the ground of substantive ultra-vires. The following are the
circumstances of substantive ultra-vires:
1. Constitutionality of the parent Act: The first requirement for the delegation to be valid is
that the parent Act or the enabling statute by which the legislative power is conferred on the
executive authority must be valid and constitutional. If the parent statute is itself ultra-vires
the constitution, then the delegated legislation is bad. In Chintaman Rao v. State of
Madhya Pradesh, the parent Act has authorized the deputy commissioner to prohibit the
manufacture of bidis in some areas for a certain period, it was held that the parent Act was
unconstitutional as it violated Art. 19(1) (g) of the constitution and the court also struck down
the order passed by the deputy commissioner.
2. Delegation of essential legislative functions: It is a well-settled principle that the essential
legislative functions must be carried out by the legislature itself, if the essential legislative
functions are delegated then the same will be struck down. some essential legislative
functions include a repeal of the law, modification of the Act, and imposition of taxes.
3. Constitutionality of the delegated legislation: If the parent Act or some of its provisions
through which the delegation is conferred are in contravention of the constitution then the
same will be declared as ultra vires. In CB Muttamma v. Union of India, a provision in
service-rule making a female employee obtain the permission of the government before
solemnizing the marriage and denying the right to get an appointment on the ground that she
was married was held to be unconstitutional.
4. Unreasonableness and Arbitrary: If the delegated legislation is unreasonable and arbitrary
then it will be declared invalid. In Air India v. Nargeesh mirza, [3] a regulation framed by air
India providing that services of an air hostess could be terminated if she becomes pregnant
was held arbitrary, unreasonable, and violative of articles 14 and 15 of the constitution. And
in the case of the Indian council of legal aid and advice v. Bar Council of India, [4] the court
held that the rule framed by the bar council of India barring enrolment of a person who is 45
years of age is violative of articles 14,19 (1)(g) and 21 of the constitution.
5. Malafide: If the delegated legislation is made by the administrative authority exercising its
power in Malafide or with the ulterior motive then the same will be held ultra-vires and
invalid. In Narendra Kumar v. Union of India, [5] the court struck down the delegated
legislation on the ground that the delegated legislation has acted Malafide or in bad faith.

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6. Exclusion of the judicial review: Sometimes the clause is inserted in the parent Act ousting
the jurisdiction of the courts, such an ouster clause cannot affect the jurisdiction of the courts
under articles 32,136, and 226 of the constitution as judicial review is now considered as a
part of basic structure doctrine.
7. Retrospective operation: Sometimes a delegated authority while making subordinate
legislation tries to give retrospective effect to the rules, but this power cannot be used by the
delegated authority unless it expressly confers powers in this regard. The court in the case
of State of Madhya Pradesh v. Tikim Das [6] held that “the delegated authority cannot use the
power of retrospective effect for rules and regulations unless the concerned statute expressly
or by necessary implications confers power in this behalf”.
Procedural ultra vires: When a subordinate legislation is enacted without complying with the
procedural requirements prescribed by the Parent Act or by the general law, it is known as
procedural ultra vires.
The delegated legislation may be challenged on the ground that it is not following the
procedure prescribed by the parent Act, if the delegated legislation fails to comply with
procedural requirements prescribed by the parent Act or by the general law then it is said to
be procedural ultra-vires.
The formalities which the authorities have to follow may include consultation with the
interested bodies (such as official, statutory, advisory), publication of the draft rules and
regulations, hearing of objections, etc. If these requirements are mandatory and the
authorities disregarded these formal requirements, then the same may be invalidated by the
court being ultra-vires the Enabling Act.

19. Note on Administrative tribunal?

In Administrative law, the term ‘tribunal’ is used in a significant sense and refers to only the
adjudicatory bodies which lie outside the sphere of the ordinary judicial system. Technically
in India, the judicial powers are vested in the Courts which aims to safeguard the rights of the
individuals and promotes justice. Therefore, to institute an effective system of the judiciary
with fewer complexities, the judicial powers are delegated to the administrative authorities,
thus, giving rise to administrative tribunals or administrative adjudicatory bodies which holds
quasi-judicial features. These tribunals share many trappings of a court of law and although
they exercise quasi-judicial functions they are not full-fledged court. in other words, a
tribunal is an adjudicatory body that decides controversies between the parties and exercise
judicial powers as distinguished from administrative powers.
After independence, a need was being felt for resolving administrative disputes with
flexibility and speed. The core objective of tribunalisation was to provide specialized and
speedy justice to the people. After the drafting of the Indian Constitution, several rights for
the welfare of the individuals were guaranteed by the Constitution. People have the right to
speedy trials and of specialized quality which cannot be delivered by the prevailing judicial
system due to the overburden of cases and appeals, technicalities in procedure etc. Hence, the
need for the inception of the administrative tribunals couldn’t be ignored.From a functional
point of view, an administrative tribunal is neither an exclusively judicial body nor an
absolute administrative body but is somewhere between the two. That is why an
administrative tribunal is also called ‘quasi-judicial’ body.
The status of tribunals has been recognized by the Constitution itself. Art. 136 of the
Constitution empowers the Supreme Court to hear special leave petitions against an order or
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decision, inter alia, of a tribunal. Again, Art. 227 confers on the High Court the power of
superintendence, inter alia, over all the tribunals in the state. The Forty-second Amendment,
1976, inserted two new articles, Art. 323-A and Art. 323-B, under which Parliament has been
empowered to constitute administrative tribunals for settlement of disputes and adjudication
of certain matters stated therein.
Thus the following have been held to be ‘tribunals’, namely: Election Tribunal, Industrial
Tribunal, Revenue Tribunal, Rent Control Tribunal, Rent Control Authority, Excise
Appellate Authority, National Environmental Tribunal, Telecom Disputes Settlement and
Appellate Tribunal, Commissioner of Religious Endowments, Custodian of Evacuee
Property, Payment of Wages Authority.
On the other hand, the following have been held not be ‘Tribunal’, namely: A domestic
Tribunal, A conciliation officer, A private arbitrator, A customs officer, A judges’ inquiry
Committee, An Advisory Board constituted under laws relating to preventive detention.
Reasons for growth of Administrative tribunals:
1. Traditional judicial system has proved itself to be slow, overburdened, complex
and expensive. It is hardly possible to expect law courts to decide urgent matters
like strikes, lock-outs and similar Labour disputes in and expeditious manner. To
overcome this problem, industrial tribunals and Labour courts (which have the
technique and expertise to handle complex Labour issues) were established.
2. Traditionally, administrative tribunals take a practical and functional approach-
rather than a theoretical and legalistic approach generally taken by the courts.
They do not decide cases without following elaborate technicalities and all the
prescribed formalities. Tribunals, on the other hand, are bound neither by the rules
of procedure nor by the rules of evidence. They tend to take a practical view of the
matter under consideration and arrive at an expeditious conclusion.
3. A court arrives at a decision after elaborately hearing the parties and after
meticulously weighing the evidence on record. An administrative tribunal, on the
other hand, is not bound by the rules procedure or the rules of evidence, and can
base its decision on practical common sense, after taking all the relevant factors
into account.
4. Questions which come up for adjudication are often of a highly technical nature.
They sometimes involve intricate questions and complex problems relating to
atomic energy, gas, electricity, etc. The traditional judiciary cannot be expected to
appreciate the niceties and technicalities involved in such matters. Administrative
tribunals, on the other hand, are manned by experts in the relevant fields and can,
therefore, decide highly complex and technical issues.
5. Courts only decide cases which filed before them. They do not take preventive
action. Administrative bodies, on the other hand, can take preventive measures
like licensing, rate fixing, fixing of rents, etc. Generally speaking, preventive
action is more useful and effective than inflicting punishment on a person after he
has committed a wrong.

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 6. Again, administrative bodies are in a position to enforce preventive measures, as
for instance, by suspension or revocation or cancellation of a license, acts which
do not ordinarily fall with the realm of a court law.
To sum up, administrative tribunals can do their work “more rapidly, more cheaply and
more efficiently than ordinary courts. They possess greater technical knowledge and
fewer prejudices; they pay greater heed to social interests. Thus, they decide disputes with
a conscious effort at furthering the social policy embodied in the legislation.”
20. note on Characteristics of Administrative Tribunals?
The following are the few Characteristics of the administrative tribunals which make
them quite disparate from the ordinary courts:
1. Administrative tribunals must have statutory origin i.e. they must be created by any
statute.
2. They must have some features of the ordinary courts but not all.
3. These bodies are neither exclusively judicial nor exclusively administrative.
4. An administrative tribunal performs the quasi-judicial and judicial functions and is
bound to act judicially in every circumstance.
5. They are not adhered by strict rules of evidence and procedure.
6. Administrative tribunals are independent and not subject to any administrative
interference in the discharge of judicial or quasi-judicial functions.
7. It is not bound by the procedure of laid by CPC or Cr. PC.
8. In the procedural matters, an administrative tribunal possesses the powers of a court to
summon witnesses, to administer oaths and to compel the production of documents,
etc.
9. These tribunals are bound to abide by the principle of natural justice.
10. A fair, open and impartial act is the indispensable requisite of the administrative
tribunals.
11. The prerogative writs of certiorari and prohibition are available against the decisions
of administrative tribunals under art. 32 and 226 in SC and HC respectively.
12. It is bound by the decisions of the SC, by the judgments of HC
Examples of administrative tribunals: industrial tribunals, incone tax tribunal, central
administrative tribunal, bar council, consumer court.
21. Discuss the principle/Rules of Natural Justice? Exceptions?
Principles of Natural Justice constitute one of the most important concept of Administrative
Law. The term Natural Justice has been interpreted to cover several rules of equity and fair
play and is sometimes also referred as “substantial justice”, “fundamental justice” and
“universal justice”. The underlying object of the natural justice is not only to secure justice
but also to prevent miscarriage of justice thus ensuring that fundamental liberties and rights
of citizens are well protected. The sole purpose of this is to prevent a miscarriage of justice.
Principles of Natural Justice is derived from the expression “Jus Natural” of the Roman
Law. There are no statues in India which provide that rules of natural justice must be applied
to all administrative action. The rules of Natural justice are flexible and not rigid. Underlying
object of natural justice is not only to secure justice but also to prevent miscarriage of justice
thus ensuring the fundamental liberties and right of citizens are well protected.

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Principles of Natural Justice when applied to administrative law they keep the acts of
administrative authorities in check by applying rules relating to reasonableness good faith
justice equity and good conscience. In India the principles of natural Justice are provided in
article 14 and 21 of the constitution. With the introduction of concept of substantive and
procedural due process in Art 21 all that fairness which is included in the principle of natural
justice can be read into article 21.
Principles of natural justice:
Nemo debet essc judex in propria causa: This maxim when translated into English means
no one should be the judge in his own case.
In other words, the authority sitting to judge a case should be free from bias i.e. not be partial
and should not have any interest in the case which can probably affect his judgement. This
principle is also known as the Doctrine of Bias. It is only if he is neutral that he can decide
matter objectively. if the judge or adjudicating officer is biased either in favour of one party
or against the other he cannot be expected to do justice in the matter. The possibility of bias
disqualifies a person from acting not only in judicial or quasi-judicial situations but also in
other situation.
To capsulate:
 No one should be a judge in his own case
 The case should be objectively decided.
 On the basis of evidence on record.
 The judge should not have any interest whatsoever.
A person can be biased in many ways, including subject matter bias, institutional bias,
however, to broadly classify:
Pecuniary Bias: As the term pecuniary indicates, a person is said to be pecuniary biased
when he has money or monetary interest in the case.
In Dr. Bonham Case, a doctor at Cambridge university was fined by the college of physicians
for practicing in the city of London without license from the college the law under which
college imposed fine provided that half of fine would go to king and the other half to said
college. The decisions to fine him was set aside because college had financial interest in its
own judgement. it was a judge in its own case. Re Dr. Bonham (1610) 8 co rep 113
In Mohapatra vs. State of Orissa (AIR 1984 S.C. 1572), it was held that when the author of
a book was a member of the panel set up for selection of books, and his book was also under
nomination by that panel, the possibility of bias could not be ruled out and that the selection
by that committee cannot be upheld. It is to be noted that the probability of bias is sufficient
to invalidate the right to sit in judgment and there is no need to have the proof of actual bias.
Personal Bias: Personal bias could arise due to personal relationships such as friendship,
love, professional grievance, acquaintances, or even enmity. This list is endless just like
human relationships. It is difficult to prove the state of mind of the person sitting for the
judgment, therefore, a reasonable ground must exist for believing that there may be a
personal bias.
In Tata Motors Limited v. the state of West Bengal, on the constitutional validity of the
Singur Land Rehabilitation and Development Act, Justice Saumitra Pal recused himself from
the case, citing that he knew some of the people in relation with the case personally.
Also when an officer was dismissd from the army on the ground of disobeying his superior
when it was shown to SC that the very officer who orders he was alleged to have disobeyed
was a member of inquiry commission the SC held that inquiry was vitiated by bias. (Ranjit
Thakur vs UOI AIR 1987 SC 2386)

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Leading Indian case on Personal Bias is A.K. Kraipak vs Union of India (AIR 1970 SC
150) The court held that the selections made by the Selection Committee were in violation of
the principles of natural justice because there was a real likelihood of a bias for the mere
presence of the candidate on the Selection Board may adversely influence the judgment of
other members.
The Supreme Court ruled in A.K. Kraipak v. Union of India (AIR 1970 SC A) that a person
who serves on a committee that selects candidates for a job must not be a candidate for the
job himself. The logic is that the judges could be impartial and neutral.
Official bias
These type of biases may arise in cases where an administrator who enunciates and then has
to carry out official policy, is entrusted with the duty of hearing objections from the
concerned persons as to the implementation of those policies. A judge or an adjudicating
authority should not have any interest in subject matter of the dispute being adjudicated. A
mere general interest in the matter does not disqualify a person from being a judge in matter.
There must be some direct connection between the judge the subject matter of the litigation
before him. Hus when an advocate had been elevated as a judge it was held that he could not
hear a case and grant an interim injunction to an employee whom he had represented in the
same matter before elevation. (P.K. Ghosh vs J.G Rajput (1955)6 SCC 744)
Judicial Obstinacy: is a new phrase coined cover a form of judicial bias. the exact meaning
of term will become clear from the perusal decision of the SC in the St. of west Bengal vs
Shivnanda Pathak (AIR 1955 SC 2050)
in this case a government servant moved in HC for a writ of mandamus directing government
to promote him. The matter was heard by a judge of HC Justice X who allowed the petition
and directed the government to promote him. An appeal was filed against the judgement and
same was set aside by a 2-member judge of the HC.
2 years later that government servant files a fresh writ petition for the payment of salary and
other benefits in terms of the judgement of Justice X above mentioned. When this petition
was dismissed that government servant went in appeal and the matter was heard by the bench
of 2-member judge of whom one was justice X the bench allowed the petition and ordered
payment of certain arrears. When the matter reached SC the order of 2 bench Judge was set
aside on what court labeled a new form of bias named Judicial bias. The court observed that
if judgement of judge is set aside the judge must submit to each decision. He cannot rewrite
the overruled judgement in the same proceeding or collateral one. The judgement of higher
court is binding not only on the parties but also on judge who passed that order.
Audi alteram partem: means both sides must be heard before passing any order. This
maxim when translated to English means to hear the other party or the rule of a fair hearing
or the rule that no one should be condemned unheard. In other words, the person to whom
the decision is likely to affect must have a reasonable opportunity of being heard.
If courts, tribunals or other administrative authorities decide cases on one sided petitions, it
wouldn’t be a fair play. Under the principle of Natural Justice every individual is entitled to
be heard appropriately.
This rule includes certain rights. They are
a.) Giving notice to affected person.
b.) Give him a hearing.
Notice: if any action is proposed to be taken against a person it is in paramount interest that a
notice be given to him about the proposed action, so that he may show cause i.e. give an
explanation or clarification regarding the allegations made against him. any order passed
without giving such notice is against the principles of natural justice and can set aside in

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appropriate proceedings. the object of giving such notice is to inform the person about the
charges against him and afford an opportunity to him to present his side of case.
Needless to say the notice must give a fair and reasonable opportunity to the person to
comply with its requirements. Thus a notice giving 24 hours to demolish a structure alleged
to be in dilapidated state is not a proper valid notice. (St. of J & K vs Haji Wali AIR 1972
SC 2538)
Again if a notice to a person given about one charge he cannot be punished for the different
charge regarding which no notice had been issued to him (Annamunthodo vs oilfields
workers)
Hearing: before any adverse action is taken the person concerned should be given a
opportunity to be heard in the matter. This is also known as opportunity to show cause i.e. to
explain why no adverse action should be taken against him.
In one interesting case involving the University of Mumbai, action was taken against a
student (X) for having copied an answer from the answer- book of another student (on the
basis of the similarity of both the answers. This action was taken without giving notice to X
and without giving him an opportunity to be heard. It was held that this was a violation of the
rules of natural justice and the action taken against X was set aside. The court accepted the
two arguments advanced on behalf of X. Firstly, was it not possible that Y had, in fact,
copied the answer from the answer- book of X? Secondly, how could one rule out the
possibility that both X and Y had not copied from the same book or written note? The court
regarded the action taken by the University as a good example of high- handed justice given
by a university, which only judicial intervention could prevent. (J. B. Parikh v. University of
Bombay, AIR 1987 Bom 332)
In Ridge v. Baldwin (1964 AC 40), a decision which the learned author Allen considers to
be the 'magna carta of natural justice, a chief constable by the name of Charles Ridge, was
prosecuted for charges of conspiracy but acquitted at the trial. However, in the course of the
judgment, certain Ort note adverse remarks about his character as a police officer had been
made against him by the judge. On the basis of these observations, the Watch Committee of
the Police Department headed by George Baldwin, dismissed 2012 the constable without
giving him a hearing. Setting aside the order of 2012 dismissal, the House of Lords, by a
majority (4:1), held that a power of 2014 dismissal could not be exercised without giving the
constable a reasonable 2017 opportunity to be heard in the matter. The rules of natural justice
had been violated and the order of dismissal was, therefore, set aside
In short Ridge v Baldwin [1964] AC 40, House of Lords is one such case of England that
widened the scope of natural justice. This case is a landmark case of England since it
introduced the new rule “Principle of Natural Justice”. In this case the appellant was not
given the opportunity of being heard, for his own defence, before dismissing him from the
service, and he contended that according to the principle of natural justice, the opportunity of
being heard is given to every individual and the act done by the watch committee is fully
wrongful.
In Maneka Gandhi vs Union of India (AIR 1978 SC 597) [known as golden triangle case],
the passport of the petitioner was confiscated by the passport authority in public interest, the
action was set aside by the SC on the ground that the rules of natural justice had been
violated. The SC observed that even if act does not specifically provide for giving the
affected party an opportunity to be heard, a person’s passport cannot be confiscated under the
provisions of the act without hearing the person. According to the court the duty to hear the

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affected person before action is taken against him/her is implied from the nature of the
function discharged by the administrative authority. The golden triangle provides full
protection to individuals from any encroachment upon their rights. The Supreme Court in the
case of Maneka Gandhi v. Union of India held that a law depriving a person of 'personal
liberty' has not only to stand the test of Article 21 but also Article 14 and Article 19.
The idea of Post Decision Hearing has been developed to maintain a balance between
administrative efficiency and fairness to individuals. In Post Decisional Hearing, an
individual is given an opportunity to be heard after a tentative decision has been taken by the
authorities. In Post Decision Hearing, the prominent point is that authorities must take only
a tentative decision and not a final decision without hearing the party concerned.
A hearing may take a form of oral representation; it may also be in form of written
representation. the right to be represented by a legal practitioner has not been considered to
be part of natural justice however it is a right conferred by the statue an order may be set
aside if this right is denied.
Rule of Reasonableness/Speaking Orders
This means that an order or judgment must be supported with reasonable reasons to back it.
In other words, an order or judgment must speak for itself. An order or a judgment without
sufficient reason could be a breach of Natural Justice.
Lord Denning says, “the giving of reasons is one of the fundamentals of good
administration.” When an order is passed by the adjudication officer it is subject to appeal or
revision the higher court is in position to understand what weighed in the mind of the officer
and what grounds he relied upon or what reasons are recorded while giving orders.
However, SC has held that there is no general rule that reasons should be given for every
administrative decision.
In India this was recognized a integral principle of NJ in Siemens engg & Mfg. co. of India vs
UOI (AIR 1976 SC 1785) where the court held that the rule giving reasons in support of an
order is the 3rd principle of NJ.
Exceptions to the Principles of Natural Justice
1. Emergency: The principle of natural justice might not be possible in unnatural
circumstances such as in case of a break-down of constitutional machinery or during
the time Emergency prevails or when prompt action is necessary.
2. Confidentiality: Any circumstances that may affect the confidentiality of a thing by
applying the principles of natural justice.
3. When action is legislative in nature.
4. When facts are admitted or undisputed.
5. Any judgment or order that is taken as an interim or temporary measure may not be in
the interest of natural justice.
6. The principles can only be applied where there is a breach of individual’s right.
CONCLUSION
The principle of natural justice is a fundamental principle of law, it ensures that justice is
done impartially and fairly. The principle of natural justice includes the rule against bias and
the right to a fair hearing. Moreover, In India, the principle of natural justice has been
enshrined in the Constitution. It has been reinforced by various judicial pronouncements.
Also, it is essential for decision-makers to ensure that all parties involved in a decision-
making process are given a fair opportunity to be heard and that decisions are based on all the
relevant facts and evidence.

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22. What is administrative discretion?
Administrative discretion refers to the discretion enjoyed by the administrative
authorities. Discretion implies power to make a choice between 2 or more course of
action or inaction. According to coke discretion is a science or understanding to discern
between falsity and truth between right and wrong. It does not mean taking decisions
according to person’s whims fancies or opinion.

Judicial control over discretionary powers?

Judicial review: of administrative action is a procedure by which court can pronounce
upon the validity of an action taken by executive authority.it is courts power to review the
action and strike it down in certain circumstances. In simple to ensure that executive
authority does not abuse power vested in it and affected person gets fair treatment.
The courts interfere with the exercise of discretionary powers by administrative authorities
with a view to ensure that such authorities act within their allocated jurisdiction and follow
proper procedures. The power of judicial review has been successfully invoked in two broad
circumstances, namely, -
A. Failure to exercise discretion and B. Excess or abuse of discretion
Failure to exercise discretion: A failure to exercise discretion can arise, inter alia, in the
following live circumstances, namely,
(a) Unauthorised delegation, (b) Self-imposed fetters on discretion, (c) Acting under the
dictates of a superior, (d) Non-application of mind, (e) Power coupled with duty.
(a) Unauthorised delegation: Generally speaking, if an administrative authority has
been given the power to do a discretionary act, it is that particular authority which
must exercise the discretion. The power cannot normally be sub-delegated to another
authority or administrative official. Delegatus non potest delegare. A delegate
cannot delegate.
In one case, an Act authorised a corporation to delegate its power to recover
damages to the Director-General. The Director-General, in turn, delegated this power
to a Regional Director. This action was struck down by the court, as there was no
provision authorising the Director-General to sub-delegate his power. (Sahai Silk
Mills Pvt. Ltd. v. ESI Corp., (1994) 5 SCC 3460)
However, if the sub-delegation is authorised by the statute, the courts me- will not
interfere in the matter.
(b) Self-imposed fetters on discretion: Whenever discretionary power is conferred
on an administrative authority, it must exercise its discretion in the facts and
circumstances of every individual case. If it adopts fixed rules of policy applicable to
every case, there is a failure to exercise discretion. The administrative authority
cannot adopt a policy of 'shutting its ears' by making general rules which apply to all
cases.

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 Thus, in one case, a rule provided that a school-leaving certificate was not to be
issued to any student unless he had completed fifteen years’ age. However, the
Director was given the power to grant an exception from this rule in deserving cases.
The Director, however, evolved a rule not to grant an exemption unless the deficiency
in age was less than two years. The court held that this policy rule followed by the
Director was contrary of exception from law. (Keshavan Bhaskaran v. State of Kerala,
AIR 1061 Ker 23)
c) Acting under the dictates of a superior: If an authority which is entrusted with a
particular power does not exercise that power independently, but acts under the
dictates of his superior, his act would be struck down by a court. as it amounts to
surrender and abdication of power. Thus, when a licence for the construction of a
cinema was granted by the Police Commissioner, but later cancelled by him under the
directions of the State Government, the Supreme Court set aside the cancellation of
the licence (Commissioner of Police v. Gordhandas, AIR 1952 SC 16)
(d) Non-application of mind: When a discretionary power is conferred on an
authority, he must exercise this power after applying his mind to the facts and
circumstances of every case. If he does not do so and acts mechanically in the matter,
his action is liable to be set aside by the court. Thus in Emperor v. Sibnath Banerji
(AIR 1945 PC 156), an order of preventive detention was set aside because it was
issued in a routine manner on the recommendation of the police authorities and the
Home Secretary had not applied his mind to satisfy himself that such an order was
called for.
(e) Power coupled with duty: Sometimes, permissive language is used in a statute
which confers powers on an administrative authority. The words which are normally
used in such statutes are "It may be lawful..." or "It may be permissible...." or similar
words. In such cases, the question arises as to whether the power of the concerned
authority also implies a duty to exercise such a power.
In one case, it was held that the transport authority was bound to renew the licence of
taxi-drivers if certain conditions had been satisfied (R v. Metropolitan Police
Commissioner, (1968) 2 QB 118). Likewise, it has been held that a local authority is
bound to approve building plans if such plans are in conformity with the relevant bye-
laws. (R. v. Newcastle-upon- Tyne Corp., (1889) 60 LT 963)
B. Excess or abuse of discretion: Excess or abuse of discretion can arise, inter alia, from the
following circumstances:
(i) Acting without jurisdiction, (ii) Exceeding jurisdiction,(iii) Arbitrary action, (iv) Irrelevant
considerations taken into account, (v) Relevant considerations not taken into account, (vi)
Decision based on relevant and irrelevant considerations, vii) Mala fide action, (viii)
Collateral purpose or improper object, (ix) Colourable exercise of power, (x) Colourable
legislation, (xi) Non-observation of the rules of natural justice, (xii) Unreasonableness,(xii)
Doctrine of proportionality. Acting without jurisdiction,
(i) Acting without jurisdiction: If an administrative authority has no power to do a
particular act, any purported exercise of such power is naturally void and non-existent in the
eyes of the law. If a Minister has no power to revoke a licence, an order of revocation passed

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by him is ultra vires and without jurisdiction. (R. v. Minister of Transport, (1934) 1 KB 277)
Likewise, if the government has power to refer an industrial dispute to a tribunal for
adjudication, it cannot so refer a matter which is not an 'industrial dispute. (Newspapers Ltd.
v. State Industrial Tribunal, AIR 1957 SC 532)
(ii) Exceeding jurisdiction: Every administrative authority must exercise its powers
within the four corners of the law and if it exceeds these boundaries, its action is ultra vires,
and therefore, void. In one case, a local authority was empowered to operate tramways. When
this authority began to run a bus service, an injunction was applied for and duly granted by
the court. (London County Council v. Attorney. General, (1902) AC 165)
(iii) Arbitrary action: If the action of the administrative authority is arbitrary,
discriminatory irrational, perverse or unreasonable, it is liable to be struck down by the court
In Barium Chemicals Ltd. v. Company Law Board (AIR 1967 SC 295) the Supreme Court
held that the formation of an opinion by the Central Government that the affairs of a company
need to be investigated into was arbitrary and unreasonable, and therefore, not valid.
Likewise, in Ranjit Thakur v. Union of India (AIR 1987 SC 2368), the Supreme Court struck
down a conviction and sentence of rigorous imprisonment for one year (in addition to
dismissal of the military officer for disobeying an order of a superior officer to eat food. The
court found this punishment "grossly disproportionate and arbitrary".
(iv) Irrelevant considerations taken into account: if an administrative authority takes
into account irrelevant considerations when exercising its discretionary powers, its action is
ultra vires and bad in law. So, if a teacher is dismissed from a school because she has red hair
or a salesgirl is fired because she is not sexy, the action would be bad in law. an irrelevant
consideration is one which the authority in question must not take into account when coming
to a decision.
(v) Relevant considerations not taken into account: If an authority fails to take into
account relevant considerations, then too, the exercise of its powers would be bad in law. As
observed by the Supreme Court (in Sachidanand Pandey v. State of West Bengal, AIR 1987
SC 1109), "The proposition that a decision must be arrived at after taking into account all
relevant considerations, eschewing all irrelevant considerations, cannot for a moment be
doubted."
(vi) Decision based on relevant and irrelevant considerations: It sometimes happens
that an administrative authority has taken into account both relevant as well as irrelevant
considerations when arriving at a decision. Can such action be challenged in a court of law?
The answer to this question is not easy, as decisions of various courts on this point are not
uniform. However, the general trend of judicial thinking suggests that if the matter requires a
purely subjective satisfaction of the concerned officer, as for instance, an order of detention,
the order is liable to be quashed in such cases, because it is almost impossible for the court to
come to a conclusion as to how much the irrelevant considerations weighed in the mind of the
officer and whether he would have passed the same order even if such considerations were
not taken into account. If, on the other hand, the conclusion of the administrative authority is
based on objective facts, and both relevant and irrelevant considerations have been taken into
account, the court may apply the objective standard to decide the validity of the impugned
action.

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 (vii) Mala fide action: This ground can be examined from the angle of malice in fact
(express malice) and malice in law (implied or legal malice). Malice in fact involves ill-will,
vengeance, personal enmity, dishonest intention and the like. If such malice on the part of the
administrative authority is proved, the court has no option but to strike down the
administrative action
In one case, a civil surgeon in the employment of the government had applied for leave
preparatory to his retirement and was granted such leave. Later, hi leave was revoked, he was
placed under suspension, a departmental inquiry was ordered against him and he was
removed from service. In the circumstances, he filed a petition alleging that all this was done
at the behest of the Chief Minister, who was anxious to settle a score with him, as he had in
the past, not yielded to the illegal demands of the said Minister. The Supreme Court, after
examining the circumstances of the case, accepted this contention and quashed the order as it
was mala fide in nature. (Pratap Singh v. State of Punjab, AIR 1964 SC 72)
In malice in law, on the other hand, there may be no personal vendetta but power is exercised
without just and reasonable cause. Such malice can be presumed when a wrongful act is done
intentionally without any just cause or excuse.
(viii) Collateral purpose or improper object: If statutory power is conferred for one
purpose but is exercised for another purpose, this could amount to abuse of power and the
matter can be examined by a court and such action set aside, if necessary.
(ix) Colourable exercise of power: When an authority purports to exercise its power
for the purpose for which it was conferred, when in fact, it is exercising it for a totally
different purpose, it is a case of colourable or fraudulent exercise of power and such action is
liable to be set aside by the court.
(x) Colourable legislation: When a legislature is not competent to enact a law, but
nevertheless passes such a law, purporting to do so under a power conferred on it by law, it is
a case of colourable legislation and such legislation (as well as action taken under it) is liable
to be set aside. The doctrine of colourable legislation does not go into the bona fides of the
legislation. The only question is whether the legislature has power to legislate on that subject.
It is thus a question of competency of the legislature, and if it lacks competency, the
legislation cannot be upheld.
(xi) Non-observance of the rules of natural justice: If the exercise of administrative
power adversely affects any person, rules of natural justice must be observed. If they are not,
the action of the administrative authority is liable to be set aside.
(xii) Unreasonableness: It is necessary that the discretionary power conferred on an
administrative authority must be exercised in a reasonable manner. If it is not so exercised,
there is an abuse of administrative power, the action is ultra vires and will be set aside by a
court. It is not easy to define the word 'unreasonable', and as once observed, the term covers
"a multitude of sins".
In Air India v. Nargesh Meerza (AIR 1981 SC 1829), a rule had been made by Air India
empowering termination of the services of an air hostess on her becoming pregnant. The
Supreme Court found this rule to be extremely unreasonable, arbitrary, abhorrent to the
notions of a civilized society and an interference with the ordinary course of human nature.

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 xiii) Doctrine of proportionality: Closely related to the doctrine of reasonableness is
the doctrine of proportionality, which is considered to be a new development in the field of
judicial review. In recent times, the courts have interfered with decisions on matters like
punishments and payment of compensation on the ground that they are "shockingly
disproportionate or excessive". Thus, the principle of proportionality has been invoked in
cases when the punishment imposed is totally irrational, that is, when it is "an outrageous
defiance of all logical or moral standards".
The doctrine of proportionality is thus used to convey the idea that the punishment for an
offence should fit the offence. Thus, while exercising a discretionary power, an
administrative authority must maintain a proper balance between any adverse effect which its
decision may have on the rights and interest of the affected person and the purpose which is
being pursued by the administrative authority. short, the doctrine lays down that the decision-
maker must have a sense of proportion.
In India, during the last fifty years, in hundreds of cases, administrative action affecting
fundamental rights has been tested on the anvil of proportionality - though courts have not
always expressly stated that the principle applied was the proportionality principle.
In Chairman, All India Railway Board v. K. Shyam Kumar & Others (2010 6 SCC 614), the
Supreme Court has described the proportionality test as the "the least injurious means" or the
"minimal impairment test" to safeguard the fundamental rights of citizens and to ensure a fair
balance between individual rights and public interest.
In A. L. Kalra v. P&E Corporation of India Ltd. (AIR 1984 SC 1361), the appellant was
removed from government service on the ground of misconduct. After viewing the kind of
misconduct alleged against, the Supreme Court felt that the decision of the government was
arbitrary and disproportionate in nature. The order in question was therefore quashed by the
apex court.
Thus, in one case, when an advocate was debarred for life for running a photocopy center in
the court premises, the Supreme Court held that such punishment was disproportionate and
too harsh. (Bhupinder Kuma Sharma v. Bar Association, Pathankot, AIR 2002 SC 47)
Note on DOCTRINE OF LEGITIMATE EXPECTATION?
The doctrine of ‘Legitimate Expectations’ is one amongst several tools
incorporated by the Court to review administrative action. This doctrine
pertains to the relationship between an individual and a public authority.
According to this doctrine, the public authority can be made accountable in
lieu of a ‘legitimate expectation’. A person may have a reasonable or
legitimate expectation of being treated in a certain way by the administrative
authorities owing to some consistent practice in the past or an express
promise made by the concerned authority.
The term “legitimate expectation”, which was coined by Lord Denning in
1969, is an expectation of an ordinary man to have benefit or relief, which is
a consequence of a promise or representation, either express or implied,
made by the administrative authority concerned or its prior established
practice.

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The application (as well as non-application) of this doctrine is reflected in the following
cases:
- In Schmidt v. Sec. of State (1969 2 Ch Div. 149), the first English case in which this
doctrine was invoked, it was held that an alien who was granted permission to enter
the UK for a specified period was entitled to have a legitimate expectation that he
would be allowed to stay in the UK for that entire period.

- In The Supreme Court Advocates-on-Record Association v. Union of India (AIR

1994 SC 268 ) it was held that in recommending appointments of judges to the
Supreme Court, the legitimate expectations of High Court judges should be kept in
mind by the Chief Justice of India. In the course of its judgment, the Supreme Court
the made following observation: "Just as a High Court judge, at the time of his initial
appointment has the legitimate expectation to become the Chief Justice of a High
Court in his turn in the ordinary course, so also, he has a legitimate expectation to be
considered for appointment to the Supreme Court in his turn and according to his
seniority."

- In J. P. Bansal v. State of Rajasthan (AIR 2003 SC 1405), Mr. B had been appointed
as the Chairman of the Taxation Tribunal on a temporary basis until a regular
Chairman could be appointed. However, a little later, the Tribunal itself was
abolished. Pleading the doctrine legitimate expectation, Mr. B sued the state for
compensation of Rs. 5 lakhs. Dismissing the petition, the Supreme Court held that his
appointment was purely contractual and the doctrine of legitimate expectation has no
application at all in such cases. He was, therefore not entitled to any compensation.

Note on THE DOCTRINE OF PROMISSORY ESTOPPEL?

The Doctrine of Promissory Estoppel

The Doctrine of Promissory Estoppel is basically an equitable doctrine. The
Doctrine of Promissory Estoppel means where one party by his words or
conduct made to the other a clear promise which is intended to create
legal relations or even affect a legal relationship to arise in the future,
knowing or intending that it would be acted upon by the other party to
whom the promise is made, and it is fact so acted upon by the other
party, the promise would be binding on the party making it and he would
not be entitled to go back upon it, if it would be inequitable to allow him to
do so. It clearly means that administrative action would be marked by
certainty, predictability and consistency.
Case-law
1. Robertson v. Minister of Pensions (1948 2 All ER 767)
An army officer claimed a disablement pension based on his war injury The War Office
accepted his contention that the injuries were due to military service. Based on this assurance,
the officer did not take any steps which he would otherwise have taken to support his claim.

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Later, when the Minister refused to grant him the pension, the court held that he could not do
so.
3. Motilal Padampat Sugar Mills v. State of Uttar Pradesh (AIR 1979 SC 621)
The government of Uttar Pradesh made an announcement that all new industrial units
established in the state would be granted sales tax exemption for a period of three years.
Acting on this assurance, the petitioner established a factory in U.P. Later on, however, the
government withdrew the tax exemption. Applying the doctrine of promissory estoppel. the
Supreme Court allowed the petition, observing that the government ought to honour its
obligations.
Estoppel and public interest: As seen earlier, the doctrine of promissory estoppel is an
equitable doctrine and will not be applied if the result to be achieved is against public
interest.
In one case, a notification was issued under the Customs Act, 1962, exempting the import of
certain raw materials from payment of customs duty for a period of two years. This
notification was issued in the public interest. Later, before the period of two years had
expired, this exemption was withdrawn again in public interest. The Supreme Court refused
to interfere in the matter as what was done by the customs authorities was in public interest.
(Kasinka Trading Co. v. Union of India, AIR 1955 SC 874)
Estoppel against a statute: There cannot be an estoppel against a statute. The doctrine
cannot be applied to override the clear provisions of law. No Minister or other officer of the
government can, by his representation, debar the government from enforcing a statutory
provision. Thus, if a statute requires a licence to do a particular repair work, but the
governmental authority gives an assurance that no such licence is necessary, the doctrine of
estoppel cannot be invoked by a person who claims to carry on such repair work without a
licence. (Howell v. Falmouth Boat Construction Ltd., (1951) 2 All ER 278)
In another case, at the time of auctioning liquor licenses, a government authority made a
representation that country liquor would be exempt from sales tax, whereas the prevailing
sales tax law contained no such exemption. The Supreme Court held that such a
representation could not operate as an estoppel against the government. (Excise
Commissioner v. Ram Kumar, AIR 1976 SC 2237) AL-8

23. What is writ? Explain kinds?

Writ is a instrument or order of the court by which the court directs an individual or
official to do an act or abstain from doing an act. Art. 32 & 226 of constitution confer writ
jurisdiction on SC & HC respectively.
Kinds of Writs?
In the Indian Constitution, writs are legal orders issued by courts to ensure that the rights of
individuals are protected and that justice is served. Writs are fundamental tools for the
protection of fundamental rights and the enforcement of the rule of law in India. They
empower individuals to seek remedies when their rights are violated, and they ensure that the
government and its authorities act within their legal boundaries. The Supreme Court and High

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Courts in India have the power to issue these writs under Article 32 (Supreme Court) and
Article 226 (High Courts) of the Constitution, respectively.
The Constitution of India provides for five types of writs,
Habeas Corpus
“Habeas Corpus” means “to have the body.”
 This writ is used to protect an individual’s liberty and ensure that they are not
unlawfully detained.
 When issued, it commands the authorities to produce the detained person before the
court to determine the legality of their detention.
 It is a remedy against illegal confinement.
 This writ can be filed by the detained person himself or his relatives or friends on his
behalf.
This writ CAN be used against-
1. Public authorities
2. Private individuals
This writ CAN NOT be used against-
1. Lawful detention
2. Proceeding concerning contempt of court/legislature
3. Detention outside the court’s jurisdiction
Mandamus
“Mandamus” means “command.”
 This writ is issued by a higher court to a lower court, tribunal, or public authority,
directing them to perform a specific duty that falls within their legal jurisdiction.
 It is used to ensure that public officials and authorities perform their duties properly.
This writ CAN be used against-
1. lower court
2. tribunal
3. public authority
4. government
5. corporation
This writ CAN NOT be used against-
1. Private individual/body
2. President, Governor
3. CJI, CJ of the high court acting in a judicial capacity
4. Where such direction involves a violation of any law.
5. Where there is any other remedy available under the law.
Prohibition
“Prohibition” means “to forbid.”
 This writ is issued by a higher court to a lower court, prohibiting it from proceeding
with a case where it lacks jurisdiction or is acting beyond its powers.
 It prevents inferior courts from exceeding their authority.
 It is issued to direct inactivity and thus differs from mandamus which directs activity.
This writ CAN be used against-
1. Only against judicial/quasi-judicial authorities
This writ CAN NOT be used against-
1. Administrative and legislative bodies

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 2. Private bodies
3. Individuals
Certiorari
“Certiorari” means “to be certified.”
 This writ is issued by a higher court to a lower court, tribunal, or authority, quashing
or transferring a case to the higher court for review.
 It is used to correct errors of jurisdiction or procedural irregularities.
 It is a curative writ.
A writ of certiorari is issued by the Supreme Court or High Court to the subordinate courts or
tribunal in the following circumstances:
 When a subordinate court acts without jurisdiction or by assuming jurisdiction where
it does not exist, or
 When the subordinate court acts more than its jurisdiction by way of overstepping or
crossing the limits of jurisdiction, or
 When a subordinate court acts in flagrant disregard of law or rules of procedure, or
 When a subordinate court acts in violation of principles of natural justice where there
is no procedure specified.
This writ CAN NOT be used against-
1. Legislative bodies
2. Private bodies
3. Individuals
Quo Warranto
“Quo Warranto” means “by what authority.”
 This writ is issued to question the legal authority or right of a person to hold a public
office or position.
 It is used to prevent unauthorized or unqualified individuals from holding public
office.
The writ can be issued only when the following conditions are fulfilled:
 The public office is wrongfully assumed by the private person.
 The office was created by the constitution or law and the person holding the office is
not qualified to hold the office under the constitution or law.
 The term of the public office must be of a permanent nature.
 The nature of duties arising from the office must be public.
This writ CAN NOT be used against-
1. Ministerial offices
2. Private offices
3. Individuals
Conclusion:
There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo
Warranto and Prohibition and all these writs are an effective method of enforcing the
rights of the people and to compel the authorities to fulfil the duties which are bound to
perform under the law.
24. Note on PIL? Case Law?
Introduction
 The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously

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 unrepresented groups like the poor, the racial minorities, unorganized consumers,
citizens who were passionate about the environmental issues, etc.
 Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the interest of public at large is affected
can be redressed by filing a Public Interest Litigation in a court of law.
 Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large.
 Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the
court that the petition is being filed for a public interest and not just as a frivolous
litigation by a busy body. The court can itself take cognizance of the matter and
proceed suo motu or cases can commence on the petition of any public spirited
individual. a private interest case can also be treated as public interest case.
Some of the matters which are entertained under PIL are: Bonded Labour matters,
Neglected Children, Non-payment of minimum wages to workers and exploitation of
casual workers, Atrocities on women, Environmental pollution and disturbance of
ecological balance, Food adulteration, Maintenance of heritage and culture
Genesis and Evolution of PIL in India: Some Landmark Judgements
 The seeds of the concept of public interest litigation were initially sown in India by
Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.
 The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979)
that focused on the inhuman conditions of prisons and under trial prisoners that led to
the release of more than 40,000 under trial prisoners.
o Right to speedy justice emerged as a basic fundamental right which had
been denied to these prisoners. The same set pattern was adopted in
subsequent cases.
 A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case
of S.P. Gupta vs. Union of India.
o In this case it was held that “any member of the public or social action group
acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under
article 226) or the Supreme Court (under Article 32) seeking redressal against
violation of legal or constitutional rights of persons who due to social or
economic or any other disability cannot approach the Court.
o By this judgment PIL became a potent weapon for the enforcement of “public
duties” where executive action or misdeed resulted in public injury. And as a
result any citizen of India or any consumer groups or social action groups can

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 now approach the apex court of the country seeking legal remedies in all cases
where the interests of general public or a section of the public are at stake.
o Justice Bhagwati did a lot to ensure that the concept of PILs was clearly
enunciated. He did not insist on the observance of procedural technicalities
and even treated ordinary letters from public-minded individuals as writ
petitions.
 M.C Mehta vs. Union of India: In a Public Interest Litigation brought against Ganga
water pollution so as to prevent any further pollution of Ganga water. Supreme Court
held that petitioner although not a riparian owner is entitled to move the court for the
enforcement of statutory provisions, as he is the person interested in protecting the
lives of the people who make use of Ganga water.
 Vishaka v. State of Rajasthan: The judgement of the case recognized sexual
harassment as a violation of the fundamental constitutional rights of Article 14,
Article 15 and Article 21. The guidelines also directed for the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Factors Responsible for the Growth of PIL in India
 The character of the Indian Constitution. India has a written constitution which
through Part III (Fundamental Rights) and Part IV (Directive Principles of State
Policy) provides a framework for regulating relations between the state and its
citizens and between citizens inter-se.
 India has some of the most progressive social legislations to be found anywhere in
the world whether it be relating to bonded labor, minimum wages, land ceiling,
environmental protection, etc. This has made it easier for the courts to haul up the
executive when it is not performing its duties in ensuring the rights of the poor as per
the law of the land.
 The liberal interpretation of locus standi where any person can apply to the court
on behalf of those who are economically or physically unable to come before it has
helped. Judges themselves have in some cases initiated suo moto action based on
newspaper articles or letters received.
 Although social and economic rights given in the Indian Constitution under Part IV
are not legally enforceable, courts have creatively read these into fundamental rights
thereby making them judicially enforceable. For instance, the "right to life" in Article
21 has been expanded to include right to free legal aid, right to live with dignity, right
to education, right to work, freedom from torture, bar fetters and hand cuffing in
prisons, etc.
 In PIL cases where the petitioner is not in a position to provide all the necessary
evidence, either because it is voluminous or because the parties are weak socially or
economically, courts have appointed commissions to collect information on facts and
present it before the bench.

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Who Can File a PIL and Against Whom?
 Any citizen can file a public case by filing a petition:
o Under Art 32 of the Indian Constitution, in the Supreme Court.

o Under Art 226 of the Indian Constitution, in the High Court.

o Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.

 However, the court must be satisfied that the Writ petition fulfils some basic needs for
PIL as the letter is addressed by the aggrieved person, public spirited individual and a
social action group for the enforcement of legal or Constitutional rights to any person
who are not able to approach the court for redress.
 A Public Interest Litigation can be filed against a State/ Central Govt., Municipal
Authorities, and not any private party. The definition of State is the same as given
under Article 12 of the Constitution and this includes the Governmental and
Parliament of India and the Government and the Legislature of each of the States and
all local or other authorities within the territory of India or under the control of the
Government of India.
Significance of PIL
 The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
 PIL is an important instrument of social change and for maintaining the Rule of law
and accelerating the balance between law and justice.
 The original purpose of PILs have been to make justice accessible to the poor and
the marginalized.
 It is an important tool to make human rights reach those who have been denied rights.
 It democratizes the access of justice to all. Any citizen or organization who is
capable can file petitions on behalf of those who cannot or do not have the means to
do so.
 It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
 It is an important tool for implementing the concept of judicial review.
 Enhanced public participation in judicial review of administrative action is assured by
the inception of PILs.
Certain Weaknesses of PIL
 PIL actions may sometimes give rise to the problem of competing rights. For
instance, when a court orders the closure of a polluting industry, the interests of the

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 workmen and their families who are deprived of their livelihood may not be taken into
account by the court.
 It could lead to overburdening of courts with frivolous PILs by parties with vested
interests. PILs today has been appropriated for corporate, political and personal
gains. Today the PIL is no more limited to problems of the poor and the oppressed.
 Cases of Judicial Overreach by the Judiciary in the process of solving socio-
economic or environmental problems can take place through the PILs.
 PIL matters concerning the exploited and disadvantaged groups are pending for many
years. Inordinate delays in the disposal of PIL cases may render many leading
judgments merely of academic value.
Conclusion: Public Interest Litigation has produced astonishing results which were
unthinkable three decades ago. Degraded bonded labourers, tortured under trials and women
prisoners, humiliated inmates of protective women’s home, blinded prisoners, exploited
children, beggars, and many others have been given relief through judicial intervention.
 The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
 The PIL develops a new jurisprudence of the accountability of the state for
constitutional and legal violations adversely affecting the interests of the weaker
elements in the community. However, the Judiciary should be cautious enough in the
application of PILs to avoid Judicial Overreach that are violative of the principle of
Separation of Power.
 Besides, the frivolous PILs with vested interests must be discouraged to keep its
workload manageable.
What is unjust enrichment?
The principle of unjust enrichment is simply stated as: A person who has been unjustly
enriched at the expense of another is required to make restitution to the other. The meaning of
this line is that if a person has gained benefit from other person and thereby causing loss to
the other person, then the person who has gained is required to reimburse the plaintiff equal
to the amount of benefit received by the defendant.
What is ultra vires?
Ultra vires is a Latin term meaning "beyond the powers". In the context of administrative
law, ultra vires refers to actions or decisions made by a public body or official that exceed
their legal authority or powers. When a public body or official acts ultra vires, their actions or
decisions are considered illegal and may be subject to judicial review.
For example, if a local council passes a bylaw that is beyond its legal authority, the bylaw
would be considered ultra vires and could be challenged in court. Similarly, if a government
official makes a decision that goes beyond their legal authority, the decision could be deemed
ultra vires and may be subject to judicial review.

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The principle of ultra vires is important because it helps to ensure that public bodies and
officials act within their legal powers and do not overstep their boundaries. It also provides a
mechanism for citizens to challenge decisions that are made illegally or without proper
authority.
There are two main types of ultra vires challenges:
1. Procedural ultra vires. This happens when a public body fails to follow the correct
procedures when making delegated legislation. For example, a minister may fail to
consult with the relevant stakeholders before making a regulation.
2. Substantive ultra vires. This occurs when a public body makes delegated legislation
that is outside the scope of the powers that have been delegated to it. For instance, a
local authority may make a by-law that restricts freedom of speech, even though this
is not a power that the Parliament has delegated to it.
25. Explain tortous liability of government? the king can do no wrong in India?
 Before 1947, in Common Law, the Crown could never be sued in a
court on a contract. This privilege could be traced back to feudalism
when no individual could sue a lord in his own courts. A subject
could however seek redress against the Crown by filing a petition to
put forth his claim, and if the royal fiat was granted, the action of
the Crown could be tried in a court. If the royal fiat was refused,
there was no course to remedy.
 This rule was abrogated by The Crown Proceedings Act, 1947 which
permitted suits to be brought against the Crown to enforce
contractual liability.
The maxim of English law. The King can do no wrong, has never been accepted in India not
even in ancient times.
1) The Government of India may sue or be sued by the name of the Union
of India and the Government of a State may sue or be sued by the name
of the State any may, subject to any provision which may be made by Act
of Parliament or of the Legislature of such State enacted by virtue of
powers conferred by this Constitution, sue or be sued in relation to their
respective affairs in the like cases as the Dominion of India and the
corresponding provinces or the corresponding Indian States might have
sued or been sued if this Constitution had not been enacted.
(2) If at the commencement of this Constitution any legal proceedings are
pending to which the Dominion of India is party, the Union of India shall be
deemed to be substitute for the Dominion in those proceedings.
Any legal proceedings are pending to which a Province or an Indian State
is a party, the corresponding State shall be deemed to be substituted for
the province or the Indian State in those proceedings.
The first case, which seriously discussed the question of Sovereign Immunity, is
the Pand O Navigation Company V. Secretary of State for India , in this
case a piece of iron funnel carried by some workmen for conducting repairs of
Government steamer hit the plaintiff horse-driven carriage and got injured. The
Plaintiffs sued for damage. The plaintiff filed a suit against the Secretary of State
for India- in council for the negligence of the servants employed by the
Government of India. The Supreme Court delivered a very learned judgment

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through the Chief Justice. The Supreme Court at Calcutta, CJ held that “the
Government will be liable for the actions done by its servants while doing non-
sovereign functions but it won’t be liable for injuries caused while pursuing
sovereign functions.

3. Shyam Sunder v. State of Rajasthan (AIR 1974 SC 890)

In this case, a government employee was traveling in a government In this case, vehicle used
for famine relief work. Due to the negligence of the driver of the vehicle, there was an
accident in which the government employee lost his life. When his widow sued for damages,
the state contended that was not liable, as it was engaged in performing a sovereign function
(namely, famine relief).
Rejecting this argument, the Supreme Court held that it cannot be said that famine relief is
one of the sovereign functions of a state. It is something which can be - and is undertaken by
private individuals also. There is nothing about it which shows that only the state can
legitimately undertake this type of work. The widow was, therefore, held entitled to
compensation.
Sovereign Function: can be def. as those functions when state is not answerable before
court of law for their performance. These functions are concerned about the defence,
maintenance of armed forces and peace in territory.
Non Sovereign Function: are those functions that are answerable to the jurisdiction of an
ordinary civil court and if state does any tortious act or breach of contract it will liable for
the wrong done.
26.) note on LIABILITY OF GOVERNMENT IN CONTRACT?
The contractual liability of the state is spelt out in Arts. 298 and 299 of the Constitution of
India. Art. 298 lays down that the executive power of the Union and each state shall
extend to carrying on of any trade or business and the acquisition, holding and disposing
of property and making of contracts for any purpose.
Article 299(1) of the Constitution lays down certain conditions which the
contracts made under the exercise of the executive power of the centre or
a state must fulfil to be valid: These conditions are as follows:
(1) Such contracts must be expressed to be made by the
President/Governor as the case may be;
(2) Such contracts made in exercise of the executive power are to
be executed on behalf of the President/Governor as the case may be; and
(3) The execution and the manner of execution of such contracts may be
directed or authorised by the President/Governor.
(4) The word executed in Article 299(1) indicates that the contract
between the government and any person must be in writing. A mere oral
contract is not sufficient for the purposes of Article 299(1).[5]
The Supreme Court, in K.P. Chowdhary v. State of Madhya Pradesh,
[6] observed that in view of Article 299(1) there cannot exist an implied
contract between the Government and another person. The Court also
ruled that ‘if the contract between the Government and another person is
not in full compliance with Article 299(1), it would be no contract at all and
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will be unenforceable either by the Government or other person as a
contract.
The judicial attitude to Article 299 has sought to balance two objectives:
(1) on one hand, the need to protect the Government from
unauthorised contracts; and
3. at the same time, to safeguard the interest of unwary parties who
enter into contracts with government officials while no formalities
laid down in the Constitution are fulfilled.
4. Under Article 299(1) a contract between the government and a
private party to be enforceable must be expressed in the name of
the President or the Governor. Regardless of the contract being
made by a person authorised by the President or the Governor to
make it, it will be unenforceable against the government if it is not
expressed to be made on behalf of the President or the Governor.[7]
5. The Supreme Court has held that whenever the government has to
deal with the public by entering into a contract or by issuing a
licence, the government cannot act arbitrarily. It must act in
accordance with the law and the decisions and actions of the state
must be established upon a sound, transparent, and well-defined
policy that should be communicated to the public.[8]

27). THE DOCTRINE OF CROWN PRIVILEGE (salus populi est suprema lex)?
In England the Crown enjoys the privilege to withhold from producing a document
before the Court in case the disclosure thereof is likely to jeopardize the public
interest. In Duncon v. Cammel Laird Co. Ltd. The Court held that the Crown is the
sole judge to decide whether a document is a privileged one and the court cannot
review the decision of the Crown. However, this decision has been overruled in the
case of Conway v. Rimmer. In this case the Court has held that it is not an absolute
privilege of the Crown to decide whether a document is a privileged one. The court
can see it and decide whether it is a privileged one or not.

In India Section 123 provides that no one shall be permitted to give any evidence
derived from unpublished official records relating to any affair of State except with
the permission of the officer at the Head thinks fit. Only those records relating to the
affairs of the State are privileged, the disclosure of which would cause injury to the
public interest. To claim this immunity the document must relate to affairs of state
and disclosure thereof must be against interest of the State or public service and
interest.

28. THE RIGHT TO KNOW

The right to know has always been considered to be part of the right to freedom of speech
and expression and the right to life, and therefore, a fundamental right under Arts. 19 and
21 of the Constitution of India.
Even before the enactment of the Right to Information Act, 2005, the Supreme Court had
held that if people of a country are to take effective part in a democracy, they must have a
right to know. The right to know, according to the apex court, is a basic right which
citizens of a free country aspire for in the broader horizon of the right to live under Art.

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21 of the Constitution. (Reliance Petrochemicals Ltd. v. Indian Express Newspapers
(Bombay) Pvt. Ltd., AIR 1989 SC 190)
In one case, the SC held that every voter has the right to know the antecedents of a
candidate, including his criminal activities and antecedents. (UoI v. Asso. for Democratic
Reforms, AIR 2002 SC 2112)
The Right to Information Act
The Right to Information (RTI) Act was passed by Parliament on 15 June 2005 and came
into effect on 12th October 2005.
This Act requires all public authorities to maintain records and furnish information
relating to their working to persons who seek such information. The object of this Act,
as reflected in its Preamble, is "to provide for freedom to every citizen to secure
access to information under the control of public authorities, consistent with public
interest, in order to promote openness, transparency and accountability in
administration".
The Act defines right to information' as "the right to information accessible under
this Act which is held by or under the control of a public authority". The term
'information' is defined to mean "any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars, orders,
logbooks, contracts, reports, papers, samples, models, data material held in any
electronic form and information relating to any private body which can be accessed
by a public authority under any other law for the time being in force".
The Basic rationale of RTI is maxim salus populi est supreme lex: let the good of the
people be supreme law. In simple words the welfare of people is superior to welfare of
individual.
Public authority, has been defined as any authority or body or institution of self-
government established or constituted:
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government
S. 6 of the Act prescribes the procedure for obtaining information and provides that a
person who desires to obtain any information under the Act, shall make a request in
writing or through electronic means in English or Hindi or in the official language of the
area in which the application is being made, accompanied by such fee as may be
prescribed, to- (a) the Central Public Information Officer or State Public Information
Officer, as the case may be, of the concerned public authority; (b) the Central Assistant
Public Information Officer or State Assistant Public Information Officer, as the case may
be, specifying the particulars of the information sought by him or her.

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Where such a request cannot be made in writing, the concerned officer is required to
render all reasonable assistance to the person making the request orally to reduce the
same in writing. Further, an applicant making a request for information is not required to
give any reason for requesting the information or any other personal details except those
that may be necessary for contacting him. S. 7 then provides that, on receipt of such a
request, the concerned officer must, as expeditiously as possible, and in any case within
thirty days of the receipt of the request, either provide the information on payment of such
fee as may be prescribed or reject the request for any of the reasons specified in Ss. 8 and
9. Where the information sought for concerns the life or liberty of a person, the same is to
be provided within forty-eight hours of the receipt of the request.
However, where a request has been rejected, the concerned officer must communicate to
the person making the request -
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
Ss. 8 and 9 of the Act list the information which cannot be disclosed. Under S. 8, there is
no obligation to give any citizen, -
(a) information, disclosure of which would prejudicially affect the sovereignty and
integrity of India, the security, strategic, scientific or economic interests of the State,
relations with foreign States or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law
or tribunal or the disclosure of which may constitute contempt of court;
(c) information, the disclosure of which would cause a breach of privilege of Parliament
or a State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property,
the disclosure of which would harm the competitive position of a third party, unless the
competent authority is satisfied that larger public interest warrants the disclosure of such
information;
(e) information available to a person in his fiduciary relationship, unless the competent
authority is satisfied that the larger public interest warrants the disclosure of such
information;
(f) information received in confidence from a foreign Government:
(g) information, the disclosure of which would endanger the life, physical safety of any
person or identify the source of information or assistance given in confidence for law
enforcement of security purposes;
(h) information which would impede the process of investigation apprehension or
prosecution of offenders;
(i) cabinet papers, including records of deliberations of the Council of Ministers,
Secretaries and other officers

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 (j) information which relates to personal information, the disclosure of which has no
relationship to any public activity or interest, or which would cause unwarranted invasion
of the privacy of the individual unless the Central Public Information Officer or the State
Public Information Officer or the appellate authority, as the case may be is satisfied that
the larger public interest justifies the disclosure of such information.
S. 9 states that the concerned officer may reject a request for information where such a
request for providing access would involve an infringement of copyright subsisting in a
person other than the state.
Any person who does not receive a decision within the above time limit or is aggrieved
by a decision of the Central Public Information Officer or State Public Information
Officer, as the case may be, may within thirty days from the expiry of such period or from
the receipt of such a decision, prefer an appeal to such officer who is senior in rank to the
Central Public Information Officer or State Public Information Officer, as the case may
be, in each public authority. A second appeal against such an appeal lies within ninety
days from the date on which the decision should have been made or was actually
received, with the Central Information Commission or the State Information Commission.
Where the Central Information Commission or the State Information Commission, as the
case may be, at the time of deciding any complaint or appeal is of the opinion that the
concerned officer has, without any reasonable cause, refused to receive an application for
information or has not furnished information within the time-limit specified above or
mala fide denied the request for information or knowingly given incorrect, incomplete or
misleading information or destroyed information which was the subject- matter of the
request or obstructed in any manner in furnishing the information, it shall impose a
penalty of Rs. 250 per day till the application is received or the information is furnished,
as the case may be. However, the total amount of such penalty cannot exceed Rs. 25,000.
The Act also provides that no court shall entertain any suit, application or other
proceeding in respect of any order made under this Act and no such order shall be called
in question otherwise than by way of an appeal under this Act.
29.) Define Public Corporations? Characteristics? kinds/classification?
LEGAL STATUS AND CHARACTERISTICS OF A CORPORATION: The public
sector plays a key role in the economic development of India. Certain sectors like the
railways, electricity, posts and telegraph, etc. are so vital to the nation that it is considered
prudent not to leave them to private enterprises. These sectors, which reflect state
monopoly, are run and managed by the state either through its own departments or by
forming government companies or by creating public sector undertakings. Examples of
public corporations are RBI (Reserve Bank of India), Al (Air India), ONGC (Oil and
Natural Gas Commission), STC (State Trading Corporation), LIC (Life Insurance
Corporation of India), etc.
Public Corporation is a corporation which is owned and operated by the government
while holding the same powers as that of a private enterprise. They are also called public
sector enterprises and are statutory organizations under the ownership of the government.
A public corporation has been described as a 'hybrid organism' which combines in itself
some features of a government department and some features of a commercial company.

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A public corporation is that form of public enterprise which is created as an autonomous
unit, by a special Act of the Parliament or the State Legislature. It is also known as a
Statutory corporation because it is created by a Statute. While it is not possible to
enumerate all its features, the most important characteristics of a corporation created by
or under a statute (like RBI, LIC, etc.) may be set out as under:
1. A public corporation is established by or under a statute.
2. It is a body corporate with perpetual succession and a common seal.
3. However, it has an independent corporate personality different from the government.
4. It can acquire, hold and dispose of property.
5. It can sue and be sued in its own name.
6. It can have several members or shareholders. However, it has its own juristic
personality, distinct from that of such persons.
7. Any act of a corporation which is not expressly or impliedly authorised by its statute or
charter is ultra vires and has no legal effect whatsoever.
8. Although the control and management of a public corporation be vested in the
Government of India or the government of a state in the eyes of law, it manages its day-
to-day affairs on its own.
9. Since a corporation is created by or under a statue, it is a state for the purposes of Art.
12 of the Indian Constitution. Therefore, writ petitions can be filed against it under Art.
32 or Art. 226 of the Constitution.
10. Employees of a public corporation do not hold a 'civil post' under the Union or a state
under the Constitution.
11. A corporation is not a citizen of India, and therefore, cannot avail of those
fundamental rights which are available only to Indian citizens, as for instance, the rights
conferred by Art. 19 of the Constitution.
12. A corporation can be made liable for a breach of contract or a tort
CLASSIFICATION OF PUBLIC CORPORATIONS
Public corporations have been classified in different ways. Griffith and Street have
classified public corporations into two categories: managerial economic bodies and
managerial social bodies.
Prof. Hood Phillips has given the following four-fold classification of public
corporations, namely, - managerial industrial or commercial corporations; - managerial
social service corporations; regulatory corporations; and advisory corporations.
Prof. Garner prefers to classify all public corporations into three categories, namely, (i)
commercial corporations, (ii) managerial corporations and (iii)regulatory corporations.

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Although public corporations in India can be fitted into one or the other of the above
categories, most authors (including Justice Thakker, the learned author of 'Lectures on
Administrative Law') prefer to classify them under the following four categories:
(a) Commercial corporations; (b) Development corporations; (c) Social service
corporations; and (d) Financial corporations.
(a) Commercial corporations: This group includes public corporations like State
Trading Corporation (STC), Hindustan Machine Tools (HMT) and AI (Air India) which
perform commercial and industrial functions. The management body of such corporations
resembles the board of directors of a company. Such corporations are financially self-
supporting and profit-making bodies (or, at least, they are expected to make profits).
The main object of STC is to organise and undertake the sale, purchase and transport of
various commodities in and outside India. Its functions are commercial in nature and it is
neither a department nor an organ of the Central Government. As STC has been
incorporated under the Companies Act, all the provisions of the said Act which apply to
government companies apply to it.
(b) Development corporations: Development corporations are established to encourage
national progress by promoting developmental activities. As they are not commercial
undertakings, they usually depend on the government for financial assistance. Some
examples of development corporations in India are FCI (Food Corporation of India),
ONGC (Oil and Natural Gas Commission) and DVC (Damodar Valley Corporation).
Thus, the main functions of ONGC are planning, promoting, organising and
implementing programmes for development of petroleum resources and promotion and
sale of petroleum products. It also conducts geological surveys and undertakes drilling
operations for exploration of petroleum and petroleum products.
(c) Social service corporations: These corporations have been established for providing
social service to the citizens of India on behalf of the government. They are not
financially self-supporting, as they are not commercial in nature, as for example, ESIS
(Employees' State Insurance Corporation), Hospital Boards and Housing Boards.
the main object of the ESIS Corporation is to provide medical treatment to workers
covered by the Scheme as also their dependants. Specific provisions have also been made
for maternity benefit for female workers. Hospitals, including super-specialty hospitals,
have also been set up under the ESIS Scheme. Out-patient medical facilities are also
made available in more than a thousand ESIS dispensaries throughout the country.
Incidentally, the ESIS Scheme is the largest employer of medic and para-medical
personnel in India.
Another such institution is the Community Outreach Programme based in Mumbai. Its
mission is to facilitate and seeks to make available, to the poor and the needy,
fundamental social services like education, health care, nutrition and vocational training.
(d) Financial corporations: This group of public corporations includes financial
institutions like RBI (Reserve Bank of India), SBI (State Bank of India) and IFC
(Industrial Finance Corporation). Loans are made available by such corporation’s to
institutions carrying on trade, business or industry in India. Some, like RF (Rehabilitation
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Finance Corporation) provide assistance to displaced person to enable them to set up a
trade, business or industry.
Thus, the RBI is the main monetary authority of the country and also acts as the bank of
the national and state governments. The RBI ha extensive powers over the entire banking
industry in India. It formulates implements and monitors the monetary policy as well as
ensures an adequate flow of credit to productive sectors. RBI also regulates and
supervises the financial system and prescribes broad parameters of banking operation
within which the country's banking and financial system functions. A Banking
Ombudsman Scheme has been formulated by the RBI for effective redress of complaints
by bank customers. The RBI controls the monetary supply monitors economic indicators
like the gross domestic product and decide the design of the rupee banknotes as well as
coins.
Reserve Bank of India: The Reserve Bank of India (RBI), which was constituted under
Reserve Bank of India Act, 1934, was nationalised in 1948. It is a body corporate with
perpetual succession and a common seal. Its main function is to regulate the credit
structure and to secure monetary stability of the country. It is managed by a Board of
Directors, including one Governor, two Deputy Governors and other directors.
Under the Banking Companies Act, 1949, the RBI has extensive powers over the entire
banking industry in India. No company or other entity banking business unless a licence
is issued to it by the RBI. Even after such a licence is issued, the RBI can inquire into the
affairs of can carry on the bank, inspect its books and hold an investigation. In certain
circumstances, it can also cancel a licence issued to any bank to carry on banking
business.
As stated earlier, the RBI is the main monetary authority of the country and also acts as
the bank of the national and state governments. It formulates, implements and monitors
the monetary policy as well as ensures an adequate flow of credit to productive sectors.
RBI also regulates and supervises the financial system and prescribes broad parameters of
banking operations within which the country's banking and financial system functions. A
Banking Ombudsman Scheme has been formulated by the RBL for effective redressal of
complaints by bank customers. The RBI controls the monetary supply, monitors
economic indicators like the gross domestic product and decides the design of the rupee
bank-notes as well as coins.
The main functions of the RBI are:
1. To issue bank notes.
2. To act as a banker to the government.
3. To act as the custodian of cash reserves of commercial banks.
4. To act as the custodian of the country's foreign currency reserves.
5. To act as the custodian of credit.
6. To act as the lender of last resort.
7. To facilitate central clearance and accounts settlements of commercial banks.

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Damodar Valley Corporation: The Damodar Valley Corporation (DVC) was
established under the Damodar Valley Corporation Act, 1948. Its board of management
consists Chairman and two members appointed by the Government of India in
consultation with the governments of the states of Bihar and West Bengal. of a The main
object of this corporation is to promote and operate navigation, irrigation, water supply,
drainage, generation of electricity and electrical energy in the Damodar river region. It
supplies water and electricity for consideration and renders assistance in the construction
of dams, barrages, reservoirs and power houses.
30.) explain RIGHTS, DUTIES AND LIABILITIES OF PUBLIC
CORPORATIONS?
Rights of public corporations: The status of a public corporation has been recognised in
the Constitution of India, which provides that the state may carry on any trade, business
or service either by itself or through a corporation owned or controlled by it.
As a public corporation is a legal entity, it can sue and be sued in its own name. it can file
a suit for enforcing its legal rights. However, since it is an artificial and not a natural
person, it cannot be a citizen of India. Consequently, it cannot avail of those fundamental
rights which are available only to citizens of India, as for instance, the rights conferred by
Art. 19 of the Constitution. However, if its shareholders are citizens, they can file a writ
petition for the enforcement of their rights.
Duties of public corporations: A public corporation is an instrument of the statute and
must, therefore, exercise its powers in a just, fair and reasonable way. It must act in a
bona fide manner and in the interests of the general public. As observed by the Supreme
Court, wide powers have been conferred on public corporations and it is expected that
such powers will be exercised honestly and in good faith. (Mahesh Chandra v. U. P.
Financial Corp., AIR 1993 SC 935)
Liabilities of public corporations
Liability in contract law: A public corporation can enter into a contract and sue and be
sued for a breach of contract. Since it is not a department of the government, the
requirements of a government contract under Art. 299 of the Constitution do not apply to
contracts entered into by it. Likewise, the requirement of a statutory notice under S. 80 of
the Civil Procedure Code before filing a suit against the government does not apply to
suits against public corporations.
Liability under the law of torts: Being a separate juristic entity, a public corporation is
liable in tort like any other person. It is liable in tort for the acts of its servants and
employees to the same extent as a private employer would be liable the doctrine of
vicarious liability.
At times, the statute that creates a corporation extends some degree of immunity to it and
its servants and employees with regard to acts committed by them in good faith in the
discharge of their duties. For instance, such a provision has been made in S. 28 of the Oil
and Natural Gas Commission Act, 1959.
Liability under criminal law: A public corporation can become vicariously liable for
crimes committed by its servants and employees in the course of their employment, as for
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instance, for fraud, libel, contempt of court, etc. However, a corporation cannot be held
liable for those offences which can be committed only by a natural person, as for
instance, bigamy or rape.
Liability under the Constitution of India: After the landmark judgment of the Supreme
Court in Sukhdev Singh v. Bhagatram (AIR 1975 SC 1331), it is now well-established
that a public corporation is a 'state' within the meaning of Art. 12 of the Constitution of
India, and therefore, fundamental rights can be enforced against it by invoking the
jurisdiction of the High Court under Art. 226 of the Constitution or of the Supreme Court
under Art. 32 thereof.
Liability to pay tax: Public corporations are liable to pay tax and cannot avail of the tax
exemption available to the government under Art. 289 of the Constitution of India.
Crown privilege: A public corporation is a public authority - but not a government
department. It cannot, therefore, claim crown privilege.
WHETHER EMPLOYEES OF PUBLIC CORPORATIONS ARE GOVERNMENT
SERVANTS: As a public corporation is a juristic entity, distinct and separate from the
government, its officers, employees and servants are not 'civil servants and they cannot
claim the protection of Art. 311 of the Constitution of India.
However, sometimes, the statute under which a corporation is created confers the status
of public servants on its employees for certain purposes. Thus, for instance, S. 56 of the
Damodar Valley Corporation Act, 1948. expressly provides that all members, officers
and servants of the corporation shall, when acting in pursuance of the provisions of the
said Act, be public servants within the meaning of S. 21 of the Indian Penal Code. It may
be noted that, even in such cases, they do not become entitled to the protection given by
Art. 311 of the Constitution.
31.) Note on CONTROL OF PUBLIC CORPORATIONS?
Generally speaking, very wide powers are conferred on public corporations so that they
may promote economic and social activities of the country. It is therefore necessary that
proper control be exercised over them, so that they may not abuse or misuse such powers
or exercise them in an arbitrary fashion. If such control is not exercised, such corporations
may turn into what is aptly described as the headless fourth organ of the government.
Such control may take several forms, namely, -
(a) Judicial control, (b) Government control, (c) Parliamentary control, (d) Public control.
(a) Judicial control: Public corporations are answerable in a court of law to the same
extent as any private or public company. They can be sued for a breach of contract or for
torts committed by their servants in the course of their employment. As a public
corporation is a 'state' under Art. 12 of the Constitution of India, writ petitions can also be
filed against them under Arts. 32 and 226 of the Constitution. They also cannot claim
'crown privilege' in any proceedings in which they are involved. In LIC of India v.
Consumer Education Research Center (AIR 1995 SC 1811), the Supreme Court observed
that LIC must act reasonably and fairly when stipulating the terms and conditions of
insurance policies and when fixing the rates of premium.

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(b) Government control: Since public corporations are financially dependent on the
government, the latter can effectively exercise a good degree of control over them. The
parent Act of a public corporation may also authorise the government to supercede,
abolish or dissolve it if the corporation exceeds its authority or abuses its powers.
Although such a power may not be frequently invoked by the government, it serves as an
efficient check on the functioning of the corporation. Likewise, a statute may empower
the government to institute investigation and inquiries into the working of a corporation.
This provision also acts as a check on misuse or abuse of its powers by a public
corporation. Another useful technique employed to keep such corporations within their
legal bounds is to authorise the government to issue 'directives' to them as regards policy
matters. This too serves as a useful check on such corporations without interfering in
matters of day-to-day administration.
c) Parliamentary control: Since public corporations are established by or under a statute
passed by Parliament or a state legislature, the powers vested in them are also defined by
the legislature. If such powers are exceeded or abused, the legislature can amend the
relevant Act or even provide for the supercession, dissolution or abolition.
Again, members of the Parliament can formulate questions on the working of such
corporations to which the Minister-in-charge has to provide satisfactory answers on the
floor of the House. Similarly, debates on the affairs of a public corporation are often held
in Parliament. Lastly, Parliament has constituted a Committee known as the Committee
on Public Undertakings in 1964 to examine whether the affair of public corporations are
being managed in accordance with sound business principles and prudent commercial
practices. This Committee empowered to examine the reports and accounts of public
corporations including the report, if any, made by the Comptroller and Auditor-General of
India.
(d) Public control: Control by the public is the last - and often the most effective - form
of control over public corporations. Such corporations are intended to conduct their
affairs in the best interests of the public. In the ultimate analysis, they are run for the
public and those who run them are accountable to the public.
In order to give practical effect to the above, Consumer Councils have been set up under
the law, so that consumers may make their views known to the corporations. An effective
machinery has also been provided so that such consumers can ventilate their grievances
and obtain necessary redressal. Several Gas and Electricity Consumer Councils have been
set all over the country with a fair measure of success.
Control over public corporations is also made available under the Consumer Protection
Act, 1986. Public corporations are covered by thi Act, which provides for the
establishment of Consumer Protection Councils both at the center and at the state levels.
Under the said Act, consumer can also approach a three-tier hierarchy of consumer courts
fo compensation and redressal against defective goods and deficient service of any seller
or service provider, including public corporations.
32.) CIVIL SERVICES IN INDIA: ROLE, FUNCTION, IMPORTANCE,
CLASSIFICATION, FEATURES/ CHARACTERISTICS?

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Role, function and importance of civil services: The executive branch of the government
consists of two parts: The Ministers and the civil servants. The latter carry out the orders
of the Ministers and also advise them in formulation of the policy. civil service is the
name given to an important government institution comprising the staff of the central
administration of the state. It is thus that branch of the governmental machinery which is
concerned not with law-making but with law-enforcing functions. Civil services, or
public services as they are often referred to, constitute the permanent backbone of the
administration of a country.
A well-knit and well-organised public bureaucratic structure is indispensable to an elected
democratic government. It provides stability and continuity to the government. Civil
services involve a blend of certain features like expertise, vitality and leadership - and this
blend enables such services to function in an independent and efficient manner. Civil
services thus incorporate that spirit that is essential for the success of a modern
democracy. It covers those public officials who devote their lives to the service of the
nation.
One interesting feature of the parliamentary system of government is that whilst the
policy of the government is laid down by Ministers (who are responsible to the
legislature), the implementation of such policy and the actual administration of the
country is left to a large body of officials, the civil servants, who are sometimes referred
to as permanent executives, as distinguished from Ministers who are termed the political
executives of the country. Whilst the political executives step down when their party loses
an election, the permanent executives (who do not necessarily belong to the ruling party)
maintain the continuity of the administration with a sense of political neutrality which
accounts for their efficiency. Again, whilst Ministers generally do not have expert
knowledge either of the techniques of administration or of the details of administrative
departments, the civil servants, as a body, are supposed to have an enormous amount of
expertise in matters relating to the day-to-day working of the government. Civil servants
are thus indispensable to the working of a successful parliamentary form of government.
Civil servants frame the rules and regulations in accordance with the Acts passed by the
legislature. They also exercise quasi-judicial powers and decide cases involving rights
and obligations of private citizens. Additionally, they also undertake routine functions
like licensing, inspection, collection of taxes and monitoring and evaluating the programs
of the government.
Art. 312 of the Constitution of India empowers Parliament to provide for the creation of
one or more all-India services, common to the Union and the States and to regulate the
recruitment and conditions of service of persons appointed to such services. It further
provides that the Indian Administrative Service (IAS) and the Indian Police Service (IPS)
shall be deemed to have been created by Parliament under Art. 312. Later, the Indian
Forest Service was also included as the third all-India Service.
Classification of civil services: After independence, civil services in India have been
classified into three categories, namely,
1.) All India Services; 2.) Central Services; and 3.) State Services.

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The All India Services are common to the Center and the states, the Central Services are
purely for central subjects and the State Services are for administration of all subjects
which fall under the jurisdiction of the states. It will be noticed that that this scheme of
triple classification reflects in a way, the constitutional pattern of division of legislative
subjects into union subjects, state subjects and concurrent subjects. This feature of Indian
civil services is a unique feature of the federal system in India, not to be found in any
other federal set-up.
The Central Services are, in turn, classified under the following four categories:
- Class I Services - for example, Indian Foreign Service;
- Class II Services - for example, Telegraph Engineering Service;
-Class III Service - for example, Posts and Telegraph Service;
- and Class IV Service - which covers categories like sweepers, gardeners, peons, etc.
Features and characteristics of civil service in India: The three basic features or
characteristics of civil service in India are reflected in Arts. 310 and 311 of the
Constitution of India, as under:
1. The doctrine of pleasure (Art. 310)
2. No dismissal or removal by a subordinate authority (Art. 311)
3. No dismissal or removal or reduction in rank without following the prescribed
procedure (Art. 311).
1. The doctrine of pleasure (Art. 310): The doctrine of pleasure is a legacy of the
British empire, where a Servant of the Crown holds office during the pleasure of the
Crown. In India, this doctrine is embodied in Art. 310 of the Constitution which lays
down the tenure of office of civil servants in India. First of all, express provisions have
been made for higher dignitaries like Judges of the Supreme Court and High Courts, who
can be removed only in the manner laid down in the Constitution. As regards other civil
servants, it is provided that every person who is a member of the defence service of the
Union or of an all-India service or if he holds any post connected with defence or any
civil post, holds office during the pleasure of the President of India Likewise, every
person who is a member of a civil service of a state or holds any civil post under a state,
holds office during the pleasure of the Governor of the state.
As a civil servant holds office at the pleasure of the state, it follows that his employment
is terminable at the will of the state. It also follows that there is no limitation as to the
grounds on which the services of such persons may be terminated. If the proper procedure
is followed, the courts will not go into the question of whether or not the ground or the
charge on which he is terminated is sufficient to warrant a termination. (State of Orissa v.
B. Mahapatra, AIR 1963 SC 779)
The Supreme Court has observed that the doctrine of pleasure reflected in the
Constitution of India is neither a relic of the feudal age nor is it based on any special
prerogative of the Crown. Rather, it is based on public policy. (Union of India v. Tulsiarm
Patel, AIR 1985 SC 1416)

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As the doctrine of pleasure is a part of the Indian Constitution, it is not affected by any
contract between the parties. Therefore, even if there is a time-bound contract between
the government and the civil servant, the government is nevertheless free to terminate his
services before the expiry of the contractual period and without payment of
compensation.
In England, the doctrine of pleasure is applied in an absolute and unfettered form. In
India, however, there are two important limitations imposed on this doctrine by the
Constitution itself, as follows:
1. As stated above, specific procedures have been prescribed for the termination of the
services of certain high officials such as Judges of the Supreme Court and High Courts,
the Comptroller an Auditor-General and the Chief Election Commissioner. These offices
thus constitute an important exception to the doctrine of pleasure.
2. Although all other civil servants are subject to the doctrine of pleasure, two procedural
safeguards (discussed below) have been provided for the security of the tenure of civil
servants.
2. No dismissal or removal by a subordinate authority (Art. 311)
The first safeguard contained in S.311 provides that no person holding office under the
Union or a state can be dismissed or removed by an subordinate to that by which he was
appointed. The object of this provision is to save a civil servant from the whims and
caprices of authority inferior officers. It is clear that this provision does not require that
action can be taken against a government employee only by the very same authority who
had appointed him or by his direct superior. All that is necessary is that the dismissing
authority should not be lower in rank or grade than the appointing authority. Thus,
dismissal by an authority superior to the appointing authority would meet this
constitutional requirement.
It follows that dismissal by an officer subordinate to the appointing authority is null and
void. This defect goes to the root of the order of dismissal and cannot be cured even if the
dismissal order is confirmed on appeal by a superior authority. (Motiram Deka v. Gen.
Manager, N.E.F. Rly, AIR 1964 SC 600)
When a civil servant is dismissed, he is not eligible for re-employment under the
government. There is, however, no such disqualification attached to a civil servant who is
removed.
No dismissal or removal or reduction in rank without following the prescribed
procedure (Art. 311)
The second safeguard afforded by Art. 311 of the Constitution is that no person holding
office under the Union or a state can be dismissed or removed or reduced in rank except
(i) after an inquiry in which he has been informed of the charges against him, and (ii) he
has been given a reasonable opportunity of being heard in respect of such charges.
The reasonable opportunity' referred to above requires that the authority concerned must:
-frame specific charges against the civil servant with full particulars; intimate such
charges to him; give him an opportunity to answer such charges; -and take a decision
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after considering his answers and coming to a finding, observing the rules of natural
justice.
Before the Forty-second Amendment of the Constitution, a civil servant had two
opportunities of showing cause. The first opportunity was when the charges were being
inquired into. Thereafter, after the inquiring authority had come to a conclusion, a second
opportunity of showing cause was to be given to show cause as to why no penalty or a
lesser penalty ought to be imposed on him. The said Amendment took away the second
opportunity and it is now provided that, after the inquiry, the authority may impose on
him any penalty on the basis of the evidence adduced at such an inquiry and that it shall
not be necessary to give him an opportunity of making a representation on the proposed
penalty.
It is also provided that the above procedure, that is, informing the civil servant about the
charges against him and giving him an opportunity to be heard, need not be followed in
three cases, namely:
(a) when he is dismissed, removed or reduced in rank owing to his conviction on a
criminal charge; or
(b) when it is not reasonably practical to give him an opportunity to show cause; or
(c) when the President or the Governor (as the case may be) is satisfied that, in the
interest of the security of the state, it is not expedient to give such an opportunity to him.
The Supreme Court has held that no inquiry need be held if the government servant has
been given a reasonable opportunity to explain his conduct but he does not wilfully avail
himself of that opportunity, as for instance when he is absconding and fails to respond to
a show-cause notice issued to him. (Union of India v. Ram Phal, AIR 1996 SC 1500)
Earlier, there was a difference of opinion on the question of the consequences of not
furnishing the Report of the Inquiry Officer to the delinquent employee. However, this
point has now been settled by a Constitution Bench of the Supreme Court, which has held
that the employee is entitled to a copy of this Report - even in cases where the Rules do
not permit the furnishing of the Report or if such Rules are silent on the point. Moreover,
failure to ask for the Report does not amount to a waiver of this right of the employee.
The Report is to be given to him, whether he asks for it or not. (Managing Director, ECK,
Hyderabad v. Karunakar, AIR 1994 SC 1074)
33.) note on PUBLIC SERVICE COMMISSIONS IN INDIA?
Art. 315 of the Constitution makes a provision for one Public Service Commission for the
Union (called the UPSC, that is, Union Public Service Commission) and a Public Service
Commission for each state (as for instance, the Maharashtra Public Service Commission).
A novel provision is also made for a Joint State Public Service Commission if two or
more states agree that there should be a Joint Commission for those states. In such a case,
a resolution is to be passed to that effect by the state legislatures of all such states.
Thereafter, Parliament may, by law, provide for the appointment of a Joint Commission
to serve the needs of those states.

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 The Chairman and other members of the Union Commission and of a Joint Commission
are appointed by the President of India and those of a State Commission by the Governor
of the state. Such members hold office for a period of six years or until they attain the age
of 65 years in the case of the Union Commission and the age of 62 years in the case of a
State Commission. Moreover, one half of the number of members of every Public Service
Commission should be persons who have held office under the government for at least ten
years. The Chairman or any member of a Public Service Commission can be removed by
the President of India:
(a) if he is adjudged insolvent; or
(b) if he engages, during the term of his office, in any other paid employment; or
(c) if he is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body; or
(d) if the Supreme Court has, on a reference made to it, found him guilty of
misbehaviour.
The independence of Public Service Commissions from the executive is sought to be
achieved by the Constitution by making the following provisions:
1. The conditions of service of the Chairman and members of the Public Service
Commission’s cannot be varied to their disadvantage after their appointment.
2. These persons can be removed from service only in the manner and on the grounds
specified in the Constitution.
3. The expenses of Public Service Commissions are charged to the Consolidated Fund of
India or the Consolidated Fund of the state as the case may be.
4. Certain restraints and disabilities are imposed upon the Chairman and members of
these Commissions as regards their future employment with the government. (See below.)
Restraints and disabilities on appointment of ex-members of Public Service
Commissions (Art. 319): Art. 319 of the Constitution imposes certain restraints on the
employment of ex-members of Public Service Commissions. It is provided that on
ceasing to hold office:
(1) The Chairman of the UPSC is not eligible for any further employment under the
Government of India or the government of any state.
(2) The Chairman of a State Public Service Commission can be appointed as the
Chairman or member of the UPSC or the Chairman of any other State Commission - but
is not eligible for any further employment under the Government of India or the
government of any state.
(3) A member other than the Chairman of the UPSC can be appointed as the Chairman of
the UPSC or as Chairman of a State Commission, but is not eligible for any further
employment under the Government of India or the government of any state.
(4) A member other than the Chairman of a State Commission can be appointed as the
Chairman or member of the UPSC or as the Chairman of that or any other State

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 Commission, but is not eligible for any further employment under the Government of
India or the government of any state.
Duties and functions of Public Service Commissions (Art. 320): The UPSC and the
State Commissions have the following duties and functions laid down in the Constitution:
1. It is the duty of the Union and State Commissions to conduct examinations for
applicants to the services of the Union and services of the states, respectively.
2. It is the duty of the UPSC, if requested by two or more states to do so, to assist such
states in framing and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
3. The Union and the State Commissions are also required to advise
(a) on all matters relating to the methods of recruitment to civil services and for civil
posts;
(b) on the principles to be followed in making appointments to civil S I services and posts
and in making promotions and transfers f from one service to another and on the
suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the Government of India
or the government of a state in a civil capacity, including memorials or petitions relating
to such matters;
(d) on any claim made by a person who has served under the government in a civil
capacity, that the costs incurred by him in defending legal proceedings instituted against
him in respect of acts done (or purported to have been done) by him in the execution of
his duties should be paid out of the Consolidated Fund of India or the Consolidated Fund
of the state, as the case may be;
(e) on any claim for the award of a pension in respect of injuries suffered by a person
who has served under the government in a civil capacity and questions relating to the
amount of such award;
(f) on any other matter referred to such Commission by the President of India or the
Governor of a state, as the case may be.
It is to be noted that the functions of the Public Service Commissions are advisory only
and the Constitution does not contain any provision making it obligatory on the
government to act on the advice of the Commission in a given case.
Expenses of Public Service Commissions (Art. 322)
As stated earlier, all the expenses of the Union and State Public Service Commissions,
including salaries, allowances and pensions payable to the members or staff of the
Commission, are to be charged on the Consolidated Fund of India or the Consolidated
Fund of the State, as the case may be.
Reports of the Public Service Commissions (Art. 323)

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 The UPSC is required to present to the President of India, an Annual Report on the work
done by it in that year. The President must, in turn, cause a copy thereof to be laid before
both the Houses of Parliament along with a Memorandum explaining the cases where the
Commission's advice was not accepted and the reasons for such non-acceptance.
Likewise, every State Commission is required to present to the Governor of the State, an
Annual Report on the work done by it. The Governor, in turn, must cause a copy thereof
to be laid before the legislature of the state, along with a Memorandum explaining the
cases where the Commission's advice was not accepted and the reasons for such non-
acceptance.
34.) note on OMBUDSMAN, LOKPAL AND LOKAYUKTA?
'Ombudsman' is derived from a Swedish word meaning 'a grievance person' and is
referred to in the Oxford Dictionary as the "people's defender". An Ombudsman is
appointed to safeguard citizens against abuse or misuse of administrative power by the
executive. His primary function is to investigate allegations of maladministration,
which takes several shapes i.e. indifference, callousness, delay, red tape, subtle abuse
of power deliberate non-exercise of powers or functions or even an over-enthusiastic
pursuit of policy. In Germany, this institution is referred to as 'ombudsmann' or
'ombudsleute'. The Indian expression 'Lokpal was coined by Dr. L. M. Singhvi in 1963.
Perhaps the biggest advantage of the system of Ombudsman is its flexibility. The system
has worked satisfactorily in England and in New Zealand, two countries with entirely
different constitutional systems. Ombudsman was established to safeguard the rights of
citizens in the form of a supervisory agency independent of the executive. The operation
of this system in countries like Norway, Sweden, Finland, Denmark and New Zealand has
shown that the Ombudsman has played a vital role in investigating grievances of the
citizens.
In India
An Administrative Reforms Commission, set up in 1966 under the chairmanship of Shri
Morarji recommended a two-tier setup: A Lokpal at the center and a Lokayukta in each
state. For more than four decades, India's parliamentarians keep on dragging their feet
over the establishment of this institution. A Bill for the appointment a Lokpal and one or
more Lokayukta was introduced in Parliament: 1968. Although it was passed by the Lok
Sabha in 1969, it lapsed when the Lok Sabha was dissolved in 1971. A replica of the
same Bill then was introduced in 1971, but was never discussed on the floor house, and it
too lapsed when the Lok Sabha was dissolved. The Janata Government then introduced a
new Bill in 1977 and the Bill met the same fate. Later, the Rajiv Gandhi government
introduced the Lokpal Bill, 1985. When the Bill was criticised as being too restrictive, the
government withdrew the Bill on the pretext of bringing forward a more comprehensive
Bill on the subject. This, however, never happened the entire remaining tenure of the Lok
Sabha.
Bill for the same was introduced many times all these years by various governments but it
always got lapsed and it never saw the light. Matters took yet another dramatic turn in
2011, when the anti- corruption movement led by the social activist, Anna Hazare, made
a demand backed by an indefinite fast undertaken by him - for a stronger Lokpal, by

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 proposing a Jan Lokpal Bill as an alternate to the Lokpal Bill proposed by the then ruling
Congress government in 2010. Following massive public protests all over the country,
including those led by Anna Hazare, ultimately, the Lokpal and Lokayuktas Bill was
passed by the Rajya Sabha on December 17, 2013 and by the Lok Sabha on December 18,
2013. It received the assent of the President on June 1. 2014 and came into force on
January 16, 2014.
At the state level, Orissa was the first state to introduce a Lokayukta Bill 1970. However,
Maharashtra was the first state to establish the institution of Lokayukta in 1972. Several
other states, including Bihar, U.P., M.P., Assam, H.P., Gujarat, Kerala, Punjab, Haryana,
West Bengal, Chattisgarh and Uttaranchal, have also passed Ombudsman laws.
Under the Maharashtra Lokayukta and Upa-Lokayukta Act, 1971, the Governor of
Maharashtra appoints the Lokayukta after consulting the Chief Justice of the Bombay
High Court and the Leader of the Opposition of the Maharashtra Legislative Assembly.
The Upa-Lokayuktas are also appointed by the Governor after consulting the Lokayukta.
Complaints under the Act may be filed by any aggrieved person, or if such person is dead
or for any reason unable to act for himself, by any person who in law represents his estate
or, as the case may be, by any person who is authorised by him for this purpose.
Under the said Act, the Lokayukta or the Upa-Lokayukta can investigate any action
which is taken by, or with the general or specific approval of, a minister, a secretary or
any other public servant. He may, however, refuse to investigate a complaint if, in his
opinion, (a) the complaint is frivolous or vexatious or not made in good faith; or (ii) there
are no sufficient grounds for investigating the same; or (iii) if other remedies are available
to the complainant and in the circumstances of the case, it would be in the interest of the
complainant to avail of these remedies.
After investigation, if the Lokayukta or the Upa-Lokayukta is satisfied that injustice or
undue hardship has resulted to the complainant or any other person, by a report in writing,
he recommends to the public servant and the concerned competent authority, that such
injustice or undue hardship shall be remedied in such manner and within such time as
may be specify in the report. If the Lokayukta or the Upa-Lokayukta is satisfied with the
action taken - or proposed to be taken - on his recommendation and findings, he closes
the case and informs the complainant about the same. If, however, he is not so satisfied,
he may make a special report about the case to the Governor and also inform the
complainant about it.
If any person intentionally offers any insult, or causes any interruption to the Lokayukta
or Upa-Lokayukta when they are conducting investigation under the Act, such a person
becomes punishable with simple imprisonment for a maximum period of six months, or
with fine, or both, The same punishment has been prescribed for a person who, by words,
spoken or intended to be read, makes or publishes any statement or does any other act
which is calculated to bring the Lokayukta or an Upa- Lokayukta into disrepute.
35. Note on The Lokpal and Lokayukta Act, 2013

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 The main object of the Lokpal and Lokayuktyas Act, 2013, is to inquire into allegations
of corruption against public functionaries, including the Prime Minister of India,
following the procedure laid down in Ss. 20 to 24 of the Act.
Under the Indian law, the Lokpal is not a single individual (as is the al. common
impression), but a body of persons. Under S. 3 of the Act, a body 08 called the Lokpal,
headed by a Chairperson and not more than eight 7 members is to be appointed. The
Chairperson should be a person who is or has been a Chief Justice of India or is or has
been a Judge of the Supreme Court or an eminent person fulfilling the eligibility criteria
stated in the Act. As regards the members, it is specifically provided that -
-fifty per cent of the members should be judicial members;
-not less than fifty per cent should be from amongst persons who are women, or who
belong to minorities or the Scheduled Castes or Scheduled Tribes or Other Backward
Classes.
Under S. 4 of the Act, the Chairperson and the members are to be appointed by the
President of India, after obtaining the recommendations of a Selection Committee,
consisting of the following five persons:
(a) the Prime Minister - who is to act as the Chairperson of the Selection Committee;
(b) the Speaker of the Lok Sabha;
(c) the leader of the opposition in the Lok Sabha;
(d) the Chief Justice of India - or a Judge of the Supreme Court nominated by him;
and
(e) one eminent jurist - as recommended by the above four persons.
The powers of the Lokpal are contained in Ss. 25 to 33 of the Act. Apart from exercising
supervisory powers (under S. 25 of the Act), the Lokpal can authorise any agency to
exercise powers of search and seizure in respect of any relevant or useful documents
which may be secreted in any place. Apart from the power of attaching assets, receipts
and benefits which have risen or procured by means of corruption, the Lokpal is also
conferred with all the powers of a civil court under the Code of Civil Procedure, in
respect of matters specified in S. 27 of the Act. The Act also envisages the establishment
of an Inquiry Wing to assist the Lokpal in conducting preliminary inquiries under the Act.
Likewise, a Prosecution Wing is also to be constituted to prosecute public servants
following investigations into complaints under the Act. (Ss. 11 & 12)
The jurisdiction of the Lokpal is sufficiently wide. S. 14 of the Act gives jurisdiction to
the Lokpal to inquire into allegations of corruption against the following of persons:
(a) the Prime Minister, subject to the following three conditions:
- No such inquiry is to be conducted in so far as the charge relates to international
relations, external and internal security, public order, atomic energy and space.

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-An inquiry against the Prime Minister can be commenced only if the Chairperson of the
Lokpal and all its members have considered the initiation of such an inquiry and at least
two-thirds of them have approved of such an inquiry.
-Any such inquiry is to be held in camera, and if the Lokpal comes to a conclusion that
the complaint deserves to be dismissed, the records of the inquiry are not to be published
or made available to any person.
(b) any person who is, or has been, a Union Minister;
(c) any person who is, or has been, a member of either House of Parliament;
(d) any "Group A" or "Group B" Group C or Group D officer or equivalent or above,
from amongst public servants defined in S. 2(c)(i) and S. 2(c)(ii) of the Prevention of
Corruption Act, 1988.
(f) any person who is, or has been, a chairperson or member or officer by whatever or
employee in any body or Board or corporation or authority or company or society or trust
or autonomous body name called - established by Parliament or wholly or partly financed
by the Central Government or constituted by the Central Government;
(g) any person who is, or has been, a director, manager, secretary or other officer of every
other society or association of persons or trust - by whatever name called wholly or partly
financed by the Government, the annual income of which exceeds such amount as may be
notified by the Central Government;
(h) any person who is, or has been, a director, manager, secretary or other officer of every
other society or association of persons or trust in receipt of any donation from any foreign
source under the Foreign Contribution (Regulation) Act, 2010, in excess of Rs. 10 lakhs
in a year or such higher amount as may be notified by the Central Government;
(i) any person other than those referred to above, if such a person is involved in the act of
abetting, bribe-giving or bribe-taking conspiracy, relating to any allegation of corruption
under the Prevention of Corruption Act, 1988, against a person referred to above.
The Act also expressly provides that - The Lokpal shall have no authority to inquire into
any matter involved in, or arising from, or connected with, any such allegation of
corruption against any member of the Lok Sabha or the Rajya Sabha, in respect of
anything said or any vote given by him in Parliament or any committee thereof, covered
by Art. 105(2) of the Constitution of India.
S. 16 of the Act provides for constitution of Benches of the Lokpal. The benches are
ordinarily to sit at New Delhi or at such other places as may be specified by the Lokpal.
The power to constitute and reconstitute such Benches is vested in the Chairperson.
On receiving a complaint, if the Lokpal decides to proceed further, it orders a preliminary
inquiry or investigation to ascertain whether there is a prima facie case for proceeding in
the matter. On receipt of the report of such an inquiry or investigation and after giving the
public servant an opportunity of being heard, the Lokpal may exercise any of the
following three options:

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 (a) It may order investigation by any agency or by the Delhi Special Police
Establishment.
(b) It may initiate departmental proceedings or any other appropriate action against the
public servant by the competent authority.
(c) It may direct closure of the proceedings against the public servant and direct
proceedings to be taken against the complainant under S. 46 of the Act, if it is found that
a false or frivolous or vexatious complaint had been filed in the matter.
In a fit case, the Lokpal has power to grant sanction for prosecution of the public servant
under S. 20(7)(a) of the Act. Powers of the Lokpal
Apart from the above, Ss. 25 to 34 of the Act confer the following powers on the Lokpal,
and these provisions may be summarised as under:
1. The Lokpal has supervisory powers over the Delhi Special Police Establishment and
the Central Vigilance Commission, as provided in S. 25 of the Act.
2. The Lokpal can exercise powers of search and seizure under S. 26 of the Act.
3. It has all the powers of a civil court in respect of matters specified in S. 27 of the Act.
4. The Lokpal can utilise the services of officers of the Central and State Governments
under S.28 of the Act.
5. It can order attachment of assets under Ss. 29 -31 of the Act.
6. It can recommend suspension or transfer of a public servant under S. 32 of the Act.
7. It can give directions to prevent destruction of records during a preliminary inquiry.
8. It can delegate any administrative or financial power conferred on it on such of its
members or officers or employees as may be specified.
Special courts: Provisions are also made for the establishment of special courts under Ss.
35, 36 and 39 of the Act. The Act envisages the establishment of special courts to hear
and decide cases under the Lokpal Act and the Prevention of Corruption Act. 1988. Such
courts are required to ensure the completion of each trial within a maximum period of one
year from the date of filing of the case. If, for any reason, a trial cannot be completed
within this period, reasons therefor are to be recorded and further periods of three months
each are granted for the completion of the trial. However, such extensions are not
available after a total period of two years.
Miscellaneous provisions: The Act contains miscellaneous provisions which are as
under:
- Annual reports of the Lokpal are to be presented to the President of India, who must
cause the same to be laid before both Houses of Parliament, along with a memorandum,
explaining in respect of cases where the advice of the Lokpal was not accepted, the
reasons for such non-acceptance. (S. 48)
-The Lokpal is also to function as the final appellate authority in respect of appeals
arising out of any other law for delivery of public services and redressal of public

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 grievances by any public authority in all cases where the decision contains findings of
corruption under the Prevention of Corruption Act. (S. 49)
-S. 50 of the Act offers protection to public servants in respect of anything done in good
faith, or intended to be done in good faith, in the discharge of their official functions or
powers.
-A limitation period of seven years from the date of the offence has been prescribed by
the Act, and no inquiry or investigation into a complaint can be undertaken by the Lokpal
after the expiry of this period. (S. 53)
-No civil court is to have jurisdiction in respect of any matter which the Lokpal is
empowered to determine by or under the Act. (S. 54)
-The provisions of the Act are given an overriding effect, and are in addition to, and not
in derogation of, any other law for the time being in force. (Ss. 56 & 57)
Establishment of Lokayukta: S. 63 of the Act mandates the establishment of a body, to
be known as the Lokayukta, in each State, within a period of one year from the date of
commencement of the Act.
36.) note on BANKING OMBUDSMAN?
The Banking Ombudsman Scheme was introduced in 1995 to provide an expeditious and
inexpensive forum available to bank customers for resolution of complaints relating to
certain services rendered by banks. The Banking Ombudsman is a senior official
appointed by the Reserve Bank of India (RBI) to redress customer complaints relating to
deficiencies in banking services, including internet banking, as for instance, the :
- Non-payment or inordinate delay in the payment or collection cheques, drafts and bills
-Non-acceptance, without sufficient cause, of small denomination notes or coins tendered
by a customer or charging of commission in respect thereof
- Non-payment or delay in payment of inward remittances
-Failure to issue - or delay in issue of - banker's cheques drafts, pay orders
-Refusal to open deposit accounts without a valid reason Levying of charges without
adequate prior notice to a customer
-Non-observance of RBI directives applicable to rates of interest, etc
37.) note on CENTRAL VIGILANCE COMMISSION?
The Central Vigilance Commission (CVC) was set up by the Government of India in
1964 on the recommendations of the Committee on Prevention of Corruption (the
Santhanam Committee) to advise and guide Central Government agencies in the field of
corruption and vigilance. The CVC Bill was passed by both the Houses of Parliament
much later (in 2003) and came into effect on September 11, 2003. Under the Act the CVC
consists of a Central Vigilance Commissioner (who is the Chairperson) and not more than
two Vigilance Commissioners. This body is called the 'Central Vigilance Commission'
because its jurisdiction extends to all Central Government Departments, Central

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Government Companies including nationalised banks and Central Government
organisations.
The CVC is conceived to be the apex vigilance institution created to tackle corruption in
government. The main power and function of the CVC is to inquire, or cause inquiry or
investigation to be made, into any transaction in which a public servant working in any
organisation to which the executive control of Government of India extends, is suspected
or alleged to have acted an improper purpose or in a corrupt manner. Thus, it exercises a
general check and supervision over vigilance and anti-corruption work in Ministries or
Departments of the Government of India and other organisations to which the executive
power of the Union extends.
In an effort to propagate the idea of zero tolerance for corruption, the CVC has begun to
share with citizens a large amount of information related to corruption. The CVC website
has published the names of officers from the elite administrative and revenue services
against whom investigations have been ordered or penalties imposed for corruption. The
Newsweek magazine recently carried an article about this effort, calling it "E-shame".
Shri Vineet Narain, a prominent Indian journalist and anti-corruption activist, exposed the
Hawala scandals of the '90s, using the route of public interest litigation (Vineet Narain v.
Union of India, AIR 1998 SC 889), to apply pressure on the Central Bureau of
Investigation (CBI). The CBI was widely criticised when its prosecutions habitually
collapsed, and the Supreme Court of India gave directions that included new supervision
of the CBI by the CVC. In this landmark decision, the Supreme Court has laid down the
following guidelines in respect of the CVC:
1. The CVC shall be given a statutory status.
2. Selection for the post of Central Vigilance Commissioner shall be made by a
Committee comprising the Prime Minister, Home Minister and the Leader of the
Opposition, from a panel of outstanding civil servants and others with impeccable
integrity to be furnished by the Cabinet Secretary.
3. The CVC shall be responsible for the efficient functioning of the CBI. While
Government shall remain answerable for the CBI's functioning, the CVC shall be
entrusted with the responsibility of superintendence over the CBI's functioning.
4. The Central Government shall take all measures necessary to ensure that the CBI
functions effectively and efficiently and is viewed as a non- partisan agency.
5. The CVC shall have a separate section in its Annual Report on the CBI's functioning
after the supervisory function is transferred to it.
6. Recommendations for appointment of the Director, CBI shall be made with by a
Committee headed by the Central Vigilance Commissioner the Home Secretary and
Secretary (Personnel) as members.
7. The Director, CBI shall have a minimum tenure of two years.
8. The Director, CBI, shall have full freedom for allocation of work within the agency as
also for constituting teams for investigations.

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 9. Selection/extension of tenure of officers upto the level of Joint Director shall be
decided by a Board comprising the Central Vigilance Commissioner, Home Secretary
and Secretary (Personnel) with the Director, CBI, providing the necessary inputs.
10. Proposals for improvement of infrastructure, methods of investigation. etc. should be
decided urgently. In order to strengthen CBI's in-house expertise, professionals from the
revenue, banking and security sectors should be inducted into the CBI.
11. The Director, CBI, shall be responsible for ensuring the filing of charge- sheets in
courts within the stipulated time limits, and the matter should be kept under constant
review by the Director, CBI.
12. A document on CBI's functioning should be published within three months to provide
the general public with a feedback on investigations and information for redress of
genuine grievances in a manner which does not compromise with the operational
requirements of the CBI.
13. The time limit of three months for grant of sanction for prosecution must be strictly
adhered to. However, additional time of one month may be allowed where consultation is
required with the Attorney General or any other law officer in his office.
14. The Director, CBI should conduct regular appraisal of personnel to prevent corruption
and/or inefficiency in the agency.
37.) note on THE CENTRAL BUREAU OF INVESTIGATION (CBI)?
The Central Bureau of Investigation (CBI), established in 1941, is the premier crime
investigating agency in India. Originally established as the Special Police Establishment,
the CBI was created on April 1, 1963. Functioning under the jurisdiction of the
Government of India, the CBI has been involved in major criminal probes, and is often
referred to as the Interpol agency of India. Its motto is "Industry, Impartiality, Integrity".
The CBI has its headquarters is in New Delhi, with field offices located in major cities
throughout India. The CBI is overseen by the Department of Personnel and Training of
the Ministry of Personnel, Public Grievances and Pensions of the Union, headed by a
Union Minister who reports directly to the Prime Minister.
The legal powers of investigation of the CBI are derived from the Delhi Special Police
Establishment, 1946, which confers powers, duties, privileges and liabilities on the Delhi
Special Police Establishment and officers of the Union Territories.
The Supreme Court and the various High Courts have the jurisdiction to order a CBI
investigation into offenses alleged to have been committed in a state, for which the
consent of the State is not necessary. As observed by the Supreme Court, being the
protectors of civil liberties of the citizens, Courts have not only the power and
jurisdiction, but also an obligation, to zealously and vigilantly protect the fundamental
rights, guaranteed by Part Ill in general and Article 21 of the Constitution in particular.
Some famous (and infamous) cases handled by the CBI in the past are:

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 * The Bofors scandal, where the CBI had, during the Prime Ministership of Rajiv Gandhi,
surreptitiously unfreezed the bank accounts of the main accused, Mr. Ottavio Quattrocchi,
the prime accused in the 1986 Bofors scandal.
* The "Hawala Scandal", where the arrest of Kashmiri militants in 1991 revealed large
scale payments to top national politicians. However, thanks to the tardy investigation by
the CBI, those involved were discharged by a Special Judge.
* The Priyadarshini Mattoo case, where the accused, Santosh Kumar Singh, was acquitted
for the murder of the 22 years old law student on account of what the judge referred to as
"deliberate inaction" on the part of the investigating team. Public pressure and heavy
criticism, however, forced the CBI to file an appeal and ultimately, the accused was found
guilty by the Delhi High Court and sentenced to death.
* In the Sister Abhaya Murder case, the body of a nun was found in a well in a convent
hostel in Kerala. Five investigations done by the CBI, however, failed to nail any
suspects.
* The 2G Spectrum case came before the Supreme Court, where it was revealed that the
UPA government had allocated 2G spectrum to certain corporations at a throw-away
price. It was only after the Supreme Court pulled up the CBI for its tardy investigations
and cancelled the allocations, that high profile arrests were made.
Delegatus non potest delegare: means a delegate cannot delegate.as agent cannot delegate
the authority given to him by principal to another agent.
Irrelevant considerations: refers to extraneous and non-related considerations which
administrative authority takes into considerations when making decisions.
Locus standi refers to question as to whether a particular applicant or petitioner has the
right to invoke the jurisdiction of court.

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