1)Critically examine the growth of Administrative Law in India.

Ans. The growth of Administrative Law in India has been significant, especially in the post-Independence
era. It reflects the increasing role of the state in socio-economic governance and the need for effective
mechanisms to check and balance executive power. Below is a critical examination of its evolution,
factors contributing to its growth, and challenges:

📌 I. Meaning of Administrative Law

Administrative Law is a branch of public law that governs the activities of administrative agencies of
government. It deals with:

Rulemaking (delegated legislation),

Adjudication (quasi-judicial decisions),

Enforcement of regulatory agendas.

It also ensures that administrative actions are legal, reasonable, and just.

📌 II. Historical Evolution in India

1. Colonial Era:

British India had a limited administrative framework.

The Privy Council and later the Federal Court dealt with issues of administrative excess.

Administrative law remained underdeveloped due to the dominance of the legislature and judiciary.

2. Post-Independence Period:

The Indian Constitution, particularly Articles 12–32 and 226, laid the foundation for the rule of law and
administrative accountability.

With the adoption of a welfare state model, the executive's role expanded dramatically.

📌 III. Factors Behind the Growth of Administrative Law

1. Expansion of the State’s Role

Planned economic development and welfare schemes led to massive administrative machinery.

Need for regulation in areas like labor, education, environment, and public health.

2. Delegated Legislation

Legislature delegated more power to the executive to frame rules, making the executive a key
lawmaker.

Led to concerns about excessive delegation and lack of oversight.

3. Growth of Quasi-Judicial Authorities

2).Discuss the growth of Judicial Control over delegated legislation with decided cases?
->.The growth of judicial control over delegated legislation reflects how courts have
increasingly played a significant role in supervising the exercise of delegated legislative powers
to maintain the rule of law and constitutional limits. Delegated legislation, while necessary due
to the increasing complexities of governance, is still subordinate to the parent or enabling
statute and must operate within its bounds.

Courts across common law jurisdictions, particularly in the UK and India, have developed a
robust framework to scrutinize delegated legislation, especially when such power is exercised
arbitrarily or exceeds statutory limits. This growth can be traced through several landmark
cases, key principles, and judicial doctrines.

1. Grounds of Judicial Control

Judicial control over delegated legislation primarily arises on the following grounds:

 Excess of delegation (ultra vires doctrine)

1. R v. Home Secretary, ex parte Fire Brigades Union (1995)

 Facts: The Home Secretary issued a new scheme through delegated powers, ignoring an existing
statutory compensation scheme.
 Held: The House of Lords held this action ultra vires, as the executive was undermining the
intention of Parliament.
 Significance: Asserted judicial supremacy over executive discretion under delegated legislation.


In Delhi Laws Act Case (1951) – Seminal case


 • Issue: Whether delegation of legislative power to the executive is constitutionally valid.

 • Held: Supreme Court upheld delegation but set boundaries—Parliament cannot
delegate essential legislative functions (e.g., defining policy).

 • Importance: Laid the foundation for judicial control of delegated legislation through the
doctrine of permissible delegation.
3. What are the stages of fair hearing? Discuss the exception with relevant cases.

-> The stages of a fair hearing and the exceptions to the principle of fair hearing (audi alteram partem)
are central concepts in administrative law and natural justice. Let's break them down clearly and
discuss with relevant case law.

Notice of Hearing

A person must be given adequate notice about the case against them, including the nature of the
charges, allegations, and the date, time, and venue of the hearing.

Case: Kanda v. Government of Malaya (1962) AC 322

Right to Present One’s Case

The person has the right to make representations, either orally or in writing, and present evidence in
their defense.

Case: Ridge v. Baldwin (1964) AC 40

Right to Cross-Examine or Know the Evidence Against Them

The person must be allowed to know the evidence being used and, where necessary, cross-examine
witnesses.

Case: State of Kerala v. Shaduli Grocery Dealer (1977) 2 SCC 777

Impartial and Unbiased Decision-Maker

The adjudicating authority must be neutral and unbiased.

Case: Dimes v. Grand Junction Canal (1852) 3 HLC 759

Reasoned Decision

The authority must provide a reasoned and written decision, showing that the arguments and
evidence were duly considered.

Case: Union of India v. E.G. Nambudiri (1991) 3 SCC 38

-> The principles of Natural Justice are fundamental legal concepts that ensure fairness, equality, and
impartiality in decision-making, especially in judicial, quasi-judicial, and administrative proceedings.
These principles are rooted in common law and are widely applied in legal systems across the world,
including India, the UK, and other common law countries.

There are three core principles of Natural Justice

1. Nemo Judex in Causa Sua (Rule Against Bias)

Meaning: “No one should be a judge in his own cause.”

This principle ensures that the decision-maker is impartial and has no personal interest in the outcome
of the case. A person who stands to benefit or suffer from the decision should not be involved in making
it.

Key Points:

Actual bias (personal or financial interest) or even the appearance of bias can disqualify a decision-
maker.

Bias can be pecuniary (monetary), personal, official, or prejudicial.

The rule upholds public confidence in the justice system

Example: A judge cannot preside over a case where a relative is one of the parties.

2. Audi Alteram Partem (Right to be Heard)

Meaning: "Hear the other side." Or, "No one should be condemned unheard."

This is the most crucial element of natural justice. It ensures that every individual has the right to
present their case, respond to evidence, and defend themselves before a decision affecting their rights
or interests is made.

Key Components:

Notice: Adequate and timely notice must be given before any action is taken.

Opportunity to be heard: The person affected should be allowed to present their arguments, evidence,
and witnesses.
Example: Before terminating an employee, the employer must issue a show cause notice and give the
employee a chance to explain.

5)Explain the scope of Judicial Review of administrative discretion with decided case

Ans. Introduction: Judicial review of administrative discretion refers to the power of the judiciary to
examine the actions and decisions of administrative authorities to ensure they are legal, reasonable, and
not arbitrary. Administrative discretion allows authorities to make decisions within the limits of the law,
but this discretion is not absolute—it is subject to judicial scrutiny to prevent abuse of power.

Scope of Judicial Review of Administrative Discretion:

The courts do not substitute their judgment for that of the administration but ensure the following:

a. Legality of the Decision:

The authority must act within the limits of the law. Any action outside its jurisdiction or violating
statutory provisions is ultra vires and void.

b. Reasonableness:

The decision must not be arbitrary or irrational. Courts apply the Wednesbury principle (from UK law),
where a decision is unreasonable if no sensible person could have arrived at it.

c. Proportionality:

The means used by the administration should be proportionate to the intended objective. Indian courts
increasingly use this test in fundamental rights cases.

d. Non-Mala Fide (Good Faith):

If an administrative decision is taken in bad faith, or with ulterior motives, courts can strike it down.

e. Non-Arbitrariness (Article 14):

Any action must be fair, just, and reasonable. Arbitrariness violates the right to equality under Article 14
of the Indian Constitution.

Landmark Case:

Ramana Dayaram Shetty v. International Airport Authority of India (1979 AIR 1628)

State of Punjab v. Gurdial Singh (1980):

Union of India v. Kuldeep Singh (2004)

6. Discuss the role of Writ of Certiorari and Writ of Prohibition in Administration.

Ans. In administrative law, writs are judicial remedies issued by a superior court to control the actions of
lower courts, tribunals, or public authorities. Two important writs—Writ of Certiorari and Writ of
Prohibition—play a key role in ensuring accountability, legality, and fairness in administrative actions.
Here’s a discussion of their roles
Writ of Certiorari

Definition:
The Writ of Certiorari is issued by a higher court to a lower court or tribunal either to transfer the case
for review or to quash an order made without or in excess of jurisdiction.
Role in Administration:

Correcting Jurisdictional Errors: If an administrative tribunal or authority exceeds its jurisdiction or acts
without proper legal authority, the Writ of Certiorari can be used to quash such orders.

Ensuring Procedural Fairness: Certiorari is used when there is a violation of principles of natural justice,
such as bias, lack of opportunity to be heard, or absence of reasoned orders.

Maintaining Rule of Law: It ensures that administrative bodies operate within the limits of the law and
do not misuse their discretionary powers.

Review of Quasi-Judicial Decisions: It applies specifically to quasi-judicial authorities rather than purely
administrative actions. It helps prevent misuse of power by such authorities.

Writ of Prohibition

Definition:

The Writ of Prohibition is issued by a higher court to a lower court or tribunal to prevent it from
continuing proceedings in a case that falls outside its jurisdiction.

Role in Administration:

Preventive in Nature: Unlike Certiorari, which is corrective, Prohibition is preventive. It stops unlawful
proceedings from continuing before they result in harm.
Jurisdictional Control: It is used to restrain an administrative or quasi-judicial body from acting beyond
its powers or contrary to law.
Prevents Misuse of Authority: If an authority attempts to exercise power not legally vested in it, this writ
can stop the process at an early stage.

Protects Citizens’ Rights: By preventing administrative overreach, it safeguards individuals from being
subjected to invalid proceedings.

7) With the help of leading cases, describe the tortious liability of the State.

Ans. In administrative law, writs are judicial remedies issued by a superior court to control the actions of
lower courts, tribunals, or public authorities. Two important writs—Writ of Certiorari and Writ of
Prohibition—play a key role in ensuring accountability, legality, and fairness in administrative actions.
Here’s a discussion of their roles:
Writ of Certiorari
Definition:
The Writ of Certiorari is issued by a higher court to a lower court or tribunal either to transfer the case
for review or to quash an order made without or in excess of jurisdiction.
Role in Administration:
Correcting Jurisdictional Errors: If an administrative tribunal or authority exceeds its jurisdiction or acts
without proper legal authority, the Writ of Certiorari can be used to quash such orders.
Ensuring Procedural Fairness: Certiorari is used when there is a violation of principles of natural justice,
such as bias, lack of opportunity to be heard, or absence of reasoned orders.
Maintaining Rule of Law: It ensures that administrative bodies operate within the limits of the law and
do not misuse their discretionary powers.
Review of Quasi-Judicial Decisions: It applies specifically to quasi-judicial authorities rather than purely
administrative actions. It helps prevent misuse of power by such authorities.

Writ of Prohibition

Definition:
The Writ of Prohibition is issued by a higher court to a lower court or tribunal to prevent it from
continuing proceedings in a case that falls outside its jurisdiction.
Role in Administration:
Preventive in Nature: Unlike Certiorari, which is corrective, Prohibition is preventive. It stops unlawful
proceedings from continuing before they result in harm.
Jurisdictional Control: It is used to restrain an administrative or quasi-judicial body from acting beyond
its powers or contrary to law.
Prevents Misuse of Authority: If an authority attempts to exercise power not legally vested in it, this writ
can stop the process at an early stage.
Protects Citizens’ Rights: By preventing administrative overreach, it safeguards individuals from being
subjected to invalid proceedings.

8).Discuss the concept of rule against bias. Does this principle apply in all situations.
Ans.
The rule against bias is a fundamental principle of natural justice. It ensures that decision-makers must
be impartial and that justice is not only done but is also seen to be done. This rule is crucial in
maintaining fairness and public confidence in administrative, judicial, and quasi-judicial processes.
Meaning of Rule Against Bias
The rule against bias is based on the Latin maxim:
This means that a decision-maker should not have any personal interest, prejudice, or preconceived
notions regarding the matter being decided.
Types of Bias
The rule covers three major types of bias:
(a) Personal Bias
Arises from personal relationships, enmity, or affinity.
Example: A judge deciding a case involving a close friend or relative.
(b) Pecuniary Bias
Arises when the decision-maker has a financial interest in the outcome.
Even a small pecuniary interest can disqualify the person.
Example: A board member deciding on a tender in which he holds shares.
(c) Official or Subject-Matter Bias
Occurs when the authority has a prejudged opinion or a prior involvement in the matter.

Example: An officer who previously investigated a case also acting as the adjudicator.

Conclusion
The rule against bias is a cornerstone of natural justice and due process, ensuring that decisions are
made objectively and fairly. Although exceptions exist—such as the doctrine of necessity—they are
narrowly interpreted. This rule applies broadly across the administrative, judicial, and quasi-judicial
domains and plays a vital role in upholding trust in public institutions and the rule of law.

9). What do you understand by ‘prerogative writs’? What is the scope of the power exercised by the
Supreme Court and High Court under Articles 32 and 226?

Ans. Prerogative Writs: Meaning and Scope under Articles 32 and 226

Meaning of 'Prerogative Writs'

'Prerogative writs' are special orders issued by a superior court (historically, by the English
Crown courts) to control the functioning of administrative authorities, tribunals, and even lower
courts. They are judicial remedies used to enforce fundamental rights or to ensure lawful
exercise of power by public authorities. These writs originated in English common law and have
been adopted into the Indian legal system.

India recognizes five main types of prerogative writs:

1. Habeas Corpus – “You may have the body”: Issued to release a person unlawfully detained.
 2. Mandamus – “We command”: Directed to a public authority to perform a duty it has failed to
do.
3. Prohibition – Issued to stop a lower court or tribunal from exceeding its jurisdiction.
4. Certiorari – Issued to quash the order of a lower court or tribunal passed without or in excess of
jurisdiction.
5. Quo Warranto – “By what authority”: Issued to prevent a person from holding a public office
unlawfully.

Scope of Power under Article 32 (Supreme Court)

 Purpose: Article 32 provides the right to constitutional remedies. It is specifically meant for the
enforcement of Fundamental Rights.
 Nature of Right: It is itself a fundamental right.
 Jurisdiction: Exclusive to the Supreme Court.
 Scope:
o The Supreme Court can issue directions, orders, or writs only for the enforcement of
Fundamental Rights.
o Cannot be used to enforce any other legal or statutory right.
o It has a narrower scope compared to Article 226.
 Significance: Called the “heart and soul” of the Constitution (Dr. B.R. Ambedkar).

Scope of Power under Article 226 (High Courts)

 Purpose: Article 226 empowers High Courts to issue writs for: