Alright, let’s begin with Q1 – Theory of Separation of Power in the context of the Indian

Constitution with judicial decisions.

Q1) Separation of Power – Indian Context

Introduction
The theory of Separation of Powers is a fundamental principle of constitutional
governance, originating from the political philosophy of Montesquieu in his book "The Spirit
of Laws" (1748). It advocates that the Legislature, Executive, and Judiciary should
function independently to prevent concentration of power and to ensure liberty and rule of
law.

Meaning & Origin

● Meaning: Separation of powers means division of governmental functions among
three organs so that no one organ usurps the functions of another.

● Origin: Ancient Greece, further developed by John Locke and Montesquieu.

● Purpose: Prevent arbitrariness, ensure checks and balances, safeguard

individual liberty.

Doctrine in Indian Constitution

India does not follow a strict separation like the USA, but a functional separation with
the system of checks and balances.

● Legislature: Makes laws (Articles 79–122).

● Executive: Enforces laws (Articles 52–151).

● Judiciary: Interprets laws (Articles 124–147 & 214–231).

● Articles embodying the spirit of separation:

○ Article 50 – Separation of judiciary from executive in public services.

○ Articles 121 & 211 – Legislature cannot discuss judicial conduct.

○ Articles 122 & 212 – Courts cannot inquire into legislative proceedings.

○ Articles 361 – Immunity to President and Governors.

Indian Position – Not Absolute Separation
● Overlap exists:

○ Executive has legislative powers (ordinances – Article 123).

○ Legislature exercises judicial powers (impeachment, breach of privilege).

○ Judiciary can frame rules for its own procedure (Article 145).

Judicial Decisions on Separation of Powers

1. Kesavananda Bharati v. State of Kerala (1973)

○ Held: Separation of powers is part of the basic structure of the Constitution.

2. Indira Nehru Gandhi v. Raj Narain (1975)

○ Judicial review is essential; legislature cannot perform judicial functions.

3. Ram Jawaya Kapur v. State of Punjab (1955)

○ Indian Constitution does not have a strict separation but functions of each
organ are clearly defined.

4. State of Bihar v. Bal Mukund Shah (2000)

○ Overlap allowed but one organ cannot encroach upon core functions of
another.

5. I.R. Coelho v. State of Tamil Nadu (2007)

○ Separation of powers ensures rule of law and prevents authoritarianism.

Advantages of Separation in Indian Context

● Prevents abuse of power.

● Promotes efficiency in governance.

● Safeguards fundamental rights.

● Strengthens democracy.
Conclusion
In India, the doctrine of separation of powers operates in a flexible manner through a
system of checks and balances. While each organ is independent in its own sphere,
controlled overlapping ensures harmony. Judicial pronouncements have reinforced that no
organ is supreme and all are subject to the Constitution.

If you want, I can now prepare Q2 – Principles of Natural Justice in the same topper-level
structure. That way, by the end, you’ll have all four class test answers ready in exam-perfect
format.

Alright, here’s Q2 – Principles of Natural Justice with Supreme Court judgments in

topper-level detail.

Q2) Principles of Natural Justice

Introduction
Natural Justice is a fundamental principle of administrative law ensuring fairness,
reasonableness, and absence of bias in decision-making.
It is not codified but recognized by courts as essential to the concept of Rule of Law.
Its roots are in Roman law (jus naturale) and English common law.

Meaning
● Natural justice refers to basic procedural fairness in administrative, quasi-judicial,
and judicial actions.

● Its aim is to prevent miscarriage of justice.

● It supplements law and statutory provisions.

Basic Principles of Natural Justice

Natural justice is built upon two main rules (and sometimes a third):

1. Nemo Judex in Causa Sua – Rule against Bias

● Meaning: No one should be a judge in their own cause.

● Types of Bias:

○ Personal bias (relationship, animosity, interest).

 ○ Pecuniary bias (financial interest).

○ Official bias (policy bias).

● Case law:

○ A.K. Kraipak v. Union of India, AIR 1970 SC 150 – Even administrative

decisions must be free from bias.

○ Dimes v. Grand Junction Canal Co. (1852) – Financial interest disqualifies

judge.

2. Audi Alteram Partem – Right to be Heard

● Meaning: No one should be condemned unheard.

● Components:

○ Notice – Adequate, clear, and reasonable.

○ Opportunity to present case – Oral or written.

○ Opportunity to cross-examine witnesses.

○ Right to legal representation (in certain cases).

● Case law:

○ Maneka Gandhi v. Union of India, AIR 1978 SC 597 – Fair hearing is part of
Article 21.

○ Ridge v. Baldwin (1964) – Dismissal without hearing was invalid.

3. Reasoned Decision (Speaking Orders)

● Meaning: Decision-makers must give reasons for their conclusions.

● Ensures transparency and accountability.

● Case law:

○ Siemens Engineering v. Union of India, AIR 1976 SC 1785 – Orders without

reasons are arbitrary.

Exceptions to Principles of Natural Justice

 ● Emergency situations (e.g., preventive detention).

● Confidential matters (e.g., national security).

● Legislative action (general policy-making).

● Impracticality (large number of people affected).

● Statutory exclusion (when statute expressly excludes).

Constitutional Backing in India

● Article 14 – Equality before law.

● Article 21 – Right to life and personal liberty.

● Article 311 – Safeguards to civil servants.

● Courts interpret these to include natural justice principles.

Judicial Approach
● Courts have expanded natural justice to administrative decisions.

● Rule: “Fairness in action” (A.K. Kraipak).

● Violation makes the action void (Union of India v. Tulsiram Patel, AIR 1985 SC 1416
– Exceptions allowed in certain cases).

Conclusion
Principles of natural justice are the cornerstone of fair procedure in Indian law. While
exceptions exist, courts insist on their observance wherever possible, reinforcing the belief
that justice should not only be done but should manifestly and undoubtedly be seen
to be done.

If you’re ready, I can now prepare Q3 – Judicial Control over Delegated Legislation in the
same structured style. That will make the set complete for your exam prep.

Alright — here’s Q3 – Judicial Control over Delegated Legislation in detailed topper-level

style.
Q3) Judicial Control over Delegated Legislation
Introduction
Delegated Legislation means rules, regulations, notifications, by-laws etc. made by
executive or administrative authorities under powers delegated by the legislature.
While delegation is necessary due to the complexities of modern governance, excessive or
improper delegation can be unconstitutional.
Courts exercise judicial control to ensure delegated legislation stays within its legal limits.

Meaning of Judicial Control

● Judicial control refers to scrutiny by courts over delegated legislation to ensure:

1. Delegation is within constitutional limits.

2. Subordinate authorities act within their delegated powers.

3. Delegated law does not violate Fundamental Rights or the Constitution.

Constitutional Basis in India

● Article 13(2) – Laws inconsistent with Fundamental Rights are void.

● Doctrine of Ultra Vires – Delegated legislation can be struck down if beyond the
powers conferred.

● Judicial Review – Part of the basic structure (Kesavananda Bharati v. State of

Kerala, AIR 1973 SC 1461).

Grounds for Judicial Control

1. Substantive Ultra Vires

● Meaning: The content of delegated legislation goes beyond the scope of parent Act.

● Case law: A.K. Roy v. Union of India, AIR 1982 SC 710 – Rules under the Act must
conform to the legislative policy.

2. Procedural Ultra Vires

 ● Meaning: Non-compliance with procedural requirements (e.g., publication,
consultation).

● Case law: State of U.P. v. Renusagar Power Co., AIR 1988 SC 1737 – Mandatory
procedure must be followed.

3. Violation of Fundamental Rights

● Delegated legislation must comply with Part III of the Constitution.

● Case law: Chintaman Rao v. State of M.P., AIR 1951 SC 118 – Rules restricting
Fundamental Rights struck down.

4. Excessive Delegation

● Legislature cannot delegate essential legislative functions (formulation of policy,

essential principles).

● Case law: Delhi Laws Act Case, AIR 1951 SC 332 – Only conditional or ancillary
powers can be delegated.

5. Mala Fide / Unreasonableness

● Delegated legislation made for improper purpose or in an arbitrary manner can be

struck down.

● Case law: Indian Express Newspapers v. Union of India, AIR 1986 SC 515 – Courts
can review reasonableness of subordinate legislation.

6. Retrospective Operation without Authority

● Unless expressly authorized, delegated legislation cannot operate retrospectively.

● Case law: Bhawani Cotton Mills v. State of Punjab, AIR 1967 SC 1616.

Judicial Remedies
● Writs under Article 32 & 226 (Certiorari, Mandamus, Prohibition).
 ● Declaration that the rule is void.

● Injunction against enforcement.

Conclusion
Judicial control acts as a constitutional safeguard against misuse of delegated powers.
While delegation is necessary for effective governance, courts ensure that it remains within
the boundaries set by the legislature and the Constitution, protecting citizens from
arbitrary rule-making.

If you’re ready, I can now prepare Q4 – Definition, Nature & Scope of Administrative Law
in the same topper-level structure so you have the entire set polished for your test.

Alright — here’s Q4 – Definition, Nature & Scope of Administrative Law in a topper-level,

exam-ready format.

Q4) Definition, Nature & Scope of Administrative Law

Introduction
Administrative Law is a branch of public law that governs the organization, functions, and
powers of administrative authorities.
It deals with the control of administrative powers to prevent abuse, arbitrariness, and
violation of rights.
In a Welfare State, where government functions have expanded, administrative law
ensures a balance between governmental efficiency and individual liberty.

Definitions
● Dicey: Administrative law determines the position and liabilities of state officials as
well as the remedies for aggrieved persons.

● Jennings: It is the law relating to the administration; it determines the organization,

powers, and duties of administrative authorities.

● Indian Perspective: Branch of law which controls the powers of the executive and
ensures they are exercised according to law.

Nature of Administrative Law

 1. Part of Public Law – It regulates relationship between government and individuals.

2. Dynamic & Evolving – Adapts to socio-economic changes.

3. Judge-made Law in India – Developed mainly through judicial pronouncements

(A.K. Kraipak v. Union of India, AIR 1970 SC 150).

4. Not Codified – Unlike Contract or Criminal law, it is not in one single statute.

5. Ensures Rule of Law – Prevents arbitrary exercise of administrative power.

6. Procedural in Nature – Focuses on decision-making process, not merits of the

decision.

Scope of Administrative Law

Administrative law covers all three aspects of state administration:

1. Rule-making Power (Quasi-legislative)

● Delegated legislation by administrative authorities under powers conferred by

statutes.

● Example: Rules under the Environment Protection Act, 1986.

2. Rule-application Power (Quasi-judicial)

● Decision-making affecting rights of individuals.

● Example: Licensing authorities, tax assessment officers.

● Case: Ridge v. Baldwin [1964] AC 40 – Duty to follow principles of natural justice.

3. Rule-enforcement Power (Administrative)

● Implementation and execution of laws and policies.

● Example: Police enforcing traffic regulations.

Functions of Administrative Law

1. Regulating delegated legislation.

2. Ensuring administrative accountability.

 3. Protecting fundamental rights.

4. Providing remedies through judicial review.

5. Maintaining transparency and fairness in administration.

Importance in India
● Welfare State Model – Expanding scope of government activities.

● Judicial Review under Constitution – Articles 32 & 226 as safeguards.

● Control of Abuse of Power – Through writs and judicial pronouncements.

● Case law: Maneka Gandhi v. Union of India, AIR 1978 SC 597 – Administrative
actions must be fair, reasonable, and non-arbitrary.

Conclusion
Administrative law is the backbone of accountable governance in a modern democratic
state. It ensures that the administration functions within the legal framework, respects the
Rule of Law, and safeguards citizens’ rights while enabling effective governance.