Question1: Explain in brief ‘Audi Alterum Partem Rule’ under

the Administrative law.

Answer 1: The rule of audi alteram partem is the rule of fair

hearing. The principle of natural justice is audi alteram partem
(hear the other side) i.e. no one should be condemned
unheard. It requires that both sides should be heard before
passing the order.

This rule implies that a person against whom an order to his

prejudice is passed should be given information as to the
charges against him and should be given an opportunity to
submit his explanation thereto. Following are the ingredients of
the rule of fair hearing:

(a) Right to notice : Hearing starts with the notice by the

authority concerned to the affected person.

(b) Right to present case and evidence

(c) Right to rebut adverse evidence

(d) Disclosure of evidence

(e) Reasoned decision: When the adjudicatory bodies give
reasons in support of their decisions, the decisions are treated
as reasoned decision.

Question2: Explain in brief doctrine of ‘Nemo Judex in Causa

Sua’.

Answer: Nemo Judex in Causa Sua is Rule against bias.

According to this rule no person should be made a judge in his
own cause. Bias means an operative prejudice whether
conscious or unconscious in relation to a party or issue. It is a
presumption that a person cannot take an objective decision in
a case in which he has an interest. The rule against bias has
two main aspects- one, that the judge must not have any
direct personal stake in the matter at hand and two, there
must not be any real likelihood of bias. Bias can be of the
following three types

(1) Pecuniary bias: The judicial approach is unanimous on the

point that any financial interest of the adjudicatory authority in
the matter, howsoever small, would vitiate the adjudication.
Thus a pecuniary interest, howsoever insufficient, will disqualify
a person from acting as a Judge.

(2) Personal bias : There are number of situations which may

create a personal bias in the Judge’s mind against one party in
dispute before him. He may be friend of the party, or related to
him through family, professional or business ties. The judge
might also be hostile to one of the parties to a case. All these
situations create bias either in favour of or against the party
and will operate as a disqualification for a person to act as a
Judge.

(3)Subject matter bias: A judge may have a bias in the

subject matter, which means that he himself is a party, or has
some direct connection with the litigation. To disqualify on the
ground of bias there must be intimate and direct connection
between adjudicator and the issues in dispute. To vitiate the
decision on the ground of bias as for the subject matter there
must be real likelihood of bias.

Question3: Enumerate in short the exceptional circumstances of

the application of natural justice under Administrative Law.

Answer 3: Though the normal rule is that a person who is

affected by administrative action is entitled to claim natural
justice, that requirement may be excluded under certain
exceptional circumstances as mentioned below:

1. Statutory Exclusion: The principle of natural justice may

be excluded by the statutory provision. Where the statute
expressly provides for the observance of the principles of
natural justice, the provision is treated as mandatory and the
authority is bound by it. Where the statute is silent as to the
observance of the principle of natural justice, such silence is
taken to imply the observance thereto.
2. Emergency: In exceptional cases of urgency or emergency
where prompt and preventive action is required the principles
of natural justice need not be observed.

However, the determination of the situation requiring the

exclusion of the rules of natural justice by the administrative
authorities is not final and the court may review such
determination.

3. Interim disciplinary action: The rules of natural justice

are not attracted in the case of interim disciplinary action.

4. Academic evaluation: Where a student is removed from

an educational institution on the grounds of unsatisfactory
academic performance, the requirement of pre-decisional
hearing is excluded.

5. Impracticability: Where the authority deals with a large

number of person it is not practicable to give all of them
opportunity of being heard and therefore in such condition the
court does not insist on the observance of the rules of natural
justice.

Question4: Judicial review is the authority of Courts to declare

void the acts of the legislature and executive, if they are found
in violation of provisions of the Constitution. Comment.

Answer4: The biggest check over administrative action is the

power of judicial review. Judicial review is the authority of
Courts to declare void the acts of the legislature and executive,
if they are found in violation of provisions of the Constitution.
Judicial Review is the power of the highest Court of a
jurisdiction to invalidate on Constitutional grounds, the acts of
other Government agency within that jurisdiction. The power of
judicial review controls not only the legislative but also the
executive or administrative act.

The Court scrutinizes the executive act for determining the

issue as to whether it is within the scope of authority or power
conferred on the authority exercising the power. Where the act
of executive or administration is found ultra-virus the
Constitution or the relevant Act, it is declared as such and,
therefore, void.

The Courts attitude appears to be stiffer in respect of

discretionary powers of the executive or administrative
authorities. The Court is not against the vesting of
discretionary power in the executive, but it expects that there
would be proper guidelines for the exercise of power. The Court
interferes when the uncontrolled and unguided discretion is
vested in the executive or administrative authorities or the
repository of the power abuses its discretion.

Question5: Under what circumstances the decision exercised by

administrative authorities are treated as abuse of discretion ?
Explain any four.

Answer 5: The decision exercised by administrative authorities

are treated as abuse of discretion in the following
circumstances:
1. Mala fides: If the discretionary power is exercised by the
authority with bad faith or dishonest intention, the action is
quashed by the court. Malafide exercise of discretionary power
is always bad and taken as abuse of discretion.

2. Irrelevant considerations: If a statute confers power for

one purpose, its use for a different purpose is not regarded as
a valid exercise of power and is likely to be quashed by the
courts. If the administrative authority takes into account
factors, circumstances or events wholly irrelevant or
extraneous to the purpose mentioned in the statute, then the
administrative action is vitiated.

3. Leaving out relevant considerations: The administrative

authority exercising the discretionary power is required to take
into account all the relevant facts. If it leaves out relevant
consideration, its action will be invalid.

4. Arbitrary orders: The order made should be based on facts

and cogent reasoning and not on the whims and fancies of the
adjudicatory authority.

5. Improper purpose: The discretionary power is required to

be used for the purpose for which it has been given. If it is
given for one purpose and used for another purpose it will
amount to abuse of power.

6. Colourable exercise of power: Where the discretionary

power is exercised by the authority on which it has been
conferred ostensibly for the purpose for which it has been given
but in reality for some other purpose, it is taken as colourable
exercise of the discretionary power and it is declared invalid.

7. Non-compliance with procedural requirements and

principles of natural justice: If the procedural requirement
laid down in the statute is mandatory and it is not complied,
the exercise of power will be bad. Whether the procedural
requirement is mandatory or directory is decided by the court.
Principles of natural justice are also required to be observed.

8. Exceeding jurisdiction: The authority is required to

exercise the power within the limits or the statute.
Consequently, if the authority exceeds this limit, its action will
be held to be ultra vires and, therefore, void.

Question 6: What are the principal sources of Administrative

Law in India ? Explain in brief.

Answer 6: There are four principal sources of administrative

law in India:

1. Constitution of India: It is the primary source of

administrative law. Article 73 of the Constitution provides that
the executive power of the Union shall extend to matters with
respect to which the Parliament has power to make laws.
Similar powers are provided to States under Article 162. Indian
Constitution has not recognized the doctrine of separation of
powers in its absolute rigidity.

2. Acts/ Statutes : Acts passed by the central and state

governments for the maintenance of peace and order, tax
collection, economic and social growth empower the
administrative organs to carry on various tasks necessary for
it. These Acts list the responsibilities of the administration, limit
their power in certain respects and provide for grievance
redressal mechanism for the people affected by the
administrative action.

3. Ordinances, Administrative directions, Notifications

and Circulars: Ordinances are issued when there are
unforeseen developments and the legislature is not in session
and therefore cannot make laws. Ordinances allow the
administration to take necessary steps to deal with such
developments. Administrative directions, notifications and
circulars are issued by the executive in the exercise of power
granted under various Acts.

4. Judicial decisions: Judiciary is the final arbiter in case of

any dispute between various wings of government or between
the citizen and the administration. In India, we have the
supremacy of Constitution and the Supreme Court is vested
with the authority to interpret it. The courts through their
various decisions on the exercise of power by the
administration, the liability of the government in case of breach
of contract or tortious acts of Governments servants lay down
administrative laws which guide their future conduct.

Question7: Explain the rule of ‘nemo judex in causa sua’ under

Administrative Law. (4 marks each).
Answer7: Rule against bias (nemo judex in causa sua):
According to this rule no person should be made a judge in his
own cause. Bias means an operative prejudice whether
conscious or unconscious in relation to a party or issue. It is a
presumption that a person cannot take an objective decision in
a case in which he has an interest. The rule against bias has
two main aspects- one, that the judge must not have any
direct personal stake in the matter at hand and two, there
must not be any real likelihood of bias. Bias can be the
following types:

(a) Pecuniary Bias

(b) Personal Bias

(c) Subject matter Bias

Question8: Discuss the main feature of Statutory Corporation

under Administrative Law.

Answer 8: The main features of Statutory Corporations are as

under:

• It is incorporated under a Special Act of Parliament or State

Legislative Assembly.

• It is an autonomous body and is free from government

control in respect of its internal management. However, it is
accountable to the Parliament or the state legislature.

• It has a separate legal existence.

• It is managed by the Board of Directors, which is composed
of individuals who are trained and experienced in business
management. The members of the Board of Directors are
nominated by the Government.

• It is supposed to be self sustained in financial matters.

However, in case of necessity it may obtain a loan and/or seek
assistance from the government.

• The employees of these enterprises are recruited as per their

own requirements by following the terms and conditions of
recruitment decided by the Board.

Question 9: Administrative law is the by-product of ever

increasing functions of the Governments. Now, States have no
longer policies limited to maintaining internal order and
external threats. Examine.

Answer 9: Administrative law is the by-product of ever

increasing functions of the Governments. States are no longer
police states, limited to maintaining internal order and
protecting from external threats. These, no doubt continue to
be the basic functions but a state that is limited to this
traditional role will de-legitimize itself. With the rise of political
consciousness, the citizens of a state are no longer satisfied
with the state's provisioning of traditional services. The modern
state is, therefore, striving to be a welfare state.

It has taken the task to improve social and economic conditions

of its people. It involves undertaking a large number of
complex tasks. Development produces economic and social
changes and creates challenges in the field of health,
education, pollution, inequality etc. These complex problems
cannot be solved except with the growth of administration.
States have also taken over a number of functions, which were
previously left to private enterprise. All this has led to the
origin and the growth of administrative law.