Administrative Law Anantha College

Administrative Law Study Material – 3rd Sem
ADMINISTRATIVE LAW
3rd SEMESTER
Harinath Janumpally 1
ADMINISTRATIVE LAW IMPORTANT QUESTIONS

Sl.
NO SHORT QUESTIONS
1 DROIT ADMINISTRATIFF 4
2 THEORY OF SEPARATION OF POWERS (IN INDIA, UK AND IN USA) 7
3 RULE OF LAW (DICEY'S) 4
4 RULE AGAINST BIAS 3
LONG QUESTIONS
DEFINE ADMINISTRATIVE LAW & DISCUSS THE RELATION BETWEEN CONST. LAW AND ADMIN
1 LAW 3
2 DEFINE DELEGATED LEGISLATION, REASONS FOR THE GROWTH OF DELEGATED LEGISLATIONS. 4
3 CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS/ACTIONS WITH SUITABLE EXAMPLES 3
4 NATURAL JUSTICE {AUDI ALTARAM PARTEM 11
(HIRA NATH V PRINCIPAL, RAJENDRA MEDICAL COLLEGE)}
5 ADMINISTRATIVE DISCRETION (AND REVIEW) 4
6 EXPLAIN THE REMEDIES AVAILABLE AGAINST THE STATE (WRITS UNDER ARTICLE 32 & 226) 8
7 STATE'S LIABILITY IN TORT (ARTICLE 300) KASTURILAL V STATE OF U.P. 9
8 GOVERNMENT'S TORTIOUS LIABILITY & CONTRACTUAL LIABILITY ( ARTICLES 299 & 300) 4
CASES
1 AUDI ALTARAM PARTEM (HIRA NATH V PRINCIPAL, RAJENDRA MEDICAL COLLEGE) 4

2 PROMISSORY ESTOPPEL (MOTILAL PADAMPAT SUGAR MILLS V STATE OF U.P). 6
3 DEBARRING OF STUDENT WHO FOUND WITH CHIT 3
4 PERSONAL BIAS 3
5 SOVEREIGN FUNCTIONS
6 STATE'S LIABILITY IN TORT (ARTICLE 300) KASTURILAL V STATE OF U.P. 6
7 WRIT OF CERTIORARI 2
8 PUBLIC INTEREST LITIGATION - PIL 3
PAPER-III: ADMINISTRATIVE LAW
Unit-I: Nature and Scope of Administrative Law — Meaning, Definition and Evolution of
Administrative Law— Reasons for the growth of Administrative Law — Relationship
between Administrative Law and Constitutional Law.
Unit-II: Basic concepts of Administrative Law — Rule of Law — Interpretation of Dicey's

Principle of Rule of Law — Modern trends - Theory of Separation of Powers — Position in
India, UK and USA
Unit-III: Classification of Administrative functions — Legislative, Quasi-judicial,

Administrative and Ministerial functions — Delegated Legislation — Meaning, Reasons for
the growth and Classification of delegated legislation— Judicial and Legislative Control of
Delegated litigation.
Unit-IV: Judicial Control of Administrative Action - Grounds of Judicial Control — Principles

of Natural Justice — Administrative discretion and its control - Wednesbury Principle
(Doctrine of Proportionality) – Doctrine of Legitimate Expectation.
Unit-V: Remedies available against the State — Writs — Lokpal and Lokayukta —Right to
Information- Liability of the State in Torts and Contracts — Rule of Promissory Estoppels
—Administrative Tribunals - Commissions of Inquiry — Public Corporations.
Suggested Readings: 1. Griffith and Street: Principles of Administrative Law. 2.

H.W.R.Wade: Administrative Law, Oxford Publications, London. 3. De Smith: Judicial
Review of Administrative Action, Sweet and Maxwell. 4. S.P. Sathe: Administrative Law,
Butterworths. 5. I.P.Massey: Administrative Law, Eastern Book Company.
SHORT ANSWERS
1. DROIT ADMINISTRATIFF
Answer: Meaning of Droit administratif:
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.
Napoleon Bonaparte was the founder of the Droit administrative. It was he who
established the Conseil d’Etat. He passed an ordinance depriving the law courts of their
jurisdiction on administrative matters and another ordinance that such matters could be
determined only by the Conseil d’Etat.
Waline, the French jurist, propounds three basic principles of Droit administrative:
1. the power of administration to act suo motu and impose directly on the subject the
duty to obey its decision;
2. the power of the administration to take decisions and to execute them suo
motu may be exercised only within the ambit of law which protects individual
liberties against administrative arbitrariness;
3. The existence of a specialized administrative jurisdiction.
One good result of this is that an independent body reviews every administrative action
The Conseil d’Etat is composed of eminent civil servants, deals with a variety of matters
like claim of damages for wrongful acts of Government servants, income-tax, pensions,
disputed elections, personal claims of civil servants against the State for wrongful
dismissal or suspension and so on. It has interfered with administrative orders on the
ground of error of law, lack of jurisdiction, irregularity of procedure and detournement
depouvior (misapplication of power). It has exercised its jurisdiction liberally.
Main characteristic features of Droit administratif. The following characteristic features
are of the Droit Administratif in France:-
1. Those matters concerning the State and administrative litigation falls within the
jurisdiction of administrative courts and cannot be decided by the land of the
ordinary courts.
2. Those deciding matters concerning the State and administrative litigation, rules as
developed by the administrative courts are applied.
3. If there is any conflict of jurisdiction between ordinary courts and administrative
court, it is decided by the Tribunal des Conflicts.
4. Conseil d’Etat is the highest administrative court.
Prof. Brown and Prof. J.P. Garner have attributed to a combination of following factors as
responsible for its success
1. The composition and functions of the Conseil d’Etat itself;
2. The flexibility of its case-law;
3. The simplicity of the remedies available before the administrative courts;
4. The special procedure evolved by those courts; and
5. The character of the substantive law, which they apply.
Despite the obvious merits of the French administrative law system, Prof
Dicey believed that there was no rule of law in France nor was the system as satisfactory
as it was in England. He believed that the review of administrative action is better
administered in England than in France.
The system of Droit Administratif according to Dicey is based on the following two
ordinary principles which are alien to English law—
Firstly, that the government and every servant of the government possess, as
representative of the nation, a whole body of special rights, privileges or prerogatives as
against private citizens, and the extent of rights, privileges or considerations which fix the
legal rights and duties of one citizen towards another. An individual in his dealings with
the State does not, according to French law; stand on the same footing as that on which
he stands in dealing with his neighbour.
Secondly, that the government and its officials should be independent and free from the
jurisdiction of ordinary courts.
It was based on these two principles that Dicey observed that Droit Administratif is
opposed to rule of law and, therefore, administrative law is alien to English system. But
this conclusion of Dicey was misconceived.
Droit Administratif, that is, administrative law was as much there in England as it was in
France but with a difference that the French Droit Administratif was based on a system,
which was unknown to English law. In his later days after examining the things
closely, Dicey seems to have perceptibly modified his stand.
Despite its overall superiority, the French administrative law cannot be characterized
with perfection. Its glories have been marked by the persistent slowness in the judicial
reviews at the administrative courts and by the difficulties of ensuring the execution of its
last judgment. Moreover, judicial control is the only one method of controlling
administrative action in French administrative law, whereas, in England, a vigilant public
opinion, a watchful Parliament, a self -disciplined civil service and the jurisdiction of
administrative process serve as the additional modes of control over administrative
action. By contrast, it has to be conceded that the French system still excels its
counterpart in the common law countries of the world.
2. THEORY OF SEPARATION OF POWERS (IN INDIA, UK AND IN USA)

Answer:
Introduction: The concept of separation of powers is the rudimentary element for the
governance of a democratic country. This principle corroborates fairness, impartiality and
uprightness in the workings of a government. Although it is not followed in its strict sense
yet, most of the democratic countries have adopted its diluted version under their
respective constitutions.
Meaning: The concept of separation of powers refers to a system of government in which
the powers are divided among multiple branches of the government, each branch
controlling different facet of government. In most of the democratic countries, it is
accepted that the three branches are the legislature, the executive and the judiciary.
According to this theory, the powers and the functions of these branches must be distinct
and separated in a free democracy. These organs work and perform their functions
independently without the interference of one into others in order to avoid any kind of
conflict. It means that the executive cannot exercise legislative and judicial powers, the
legislature cannot exercise executive and judicial powers and the judiciary cannot exercise
legislative and executive powers.
Objectives of Separation of Powers:
The following are the fundamental objectives of the doctrine of separation of powers:-
Firstly, it aims to eliminate arbitrariness, totalitarianism and tyranny and promote an
accountable and democratic form of government.
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.
Thirdly, it keeps a check on all the branches of the government by making them
accountable for themselves.
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.
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.
Elements of Separation of Powers
1. Legislative
The legislative organ of the government is also known as the rule-making body. The
primary function of the legislature is to make laws for good governance of a state. It has
the authority of amending the existing rules and regulations as well. Generally, the
parliament holds the power of making rules and laws.
2. Executive
This branch of government is responsible for governing the state. The executives mainly
implement and enforce the laws made by the legislature. The President and the
Bureaucrats form the Executive branch of government.
3. Judiciary
Judiciary plays a very crucial role in any state. It interprets and applies the laws made by
the legislature and safeguards the rights of the individuals. It also resolves the disputes
within the state or internationally.
Separation of Powers in Practice
U.K. Constitution:
The United Kingdom practices the unitary parliamentary constitutional monarchy. The
concept of separation of powers is applied in the UK but not in its rigid sense because the
UK has an unwritten constitution. The Crown is the head of the state whereas the Prime
Minister is recognised as the head of the government. The executive and the legislature
are somehow interconnected to one another.
The executive powers are exercised by the Crown through his government. Thus, the
Crown is the nominal head and the real executive powers vest in the Prime Minister and
the other Cabinet Ministers. The UK parliament is bicameral and divided into two houses –
The House of Commons and House of Lords. The Parliament is the sovereign rule-making
body in the UK. The Prime Minister and the other cabinet ministers are also a part of The
House of Commons. The government is answerable to the Parliament. Practically, the
executive is controlled by the House of Commons. The Judiciary, however, is independent
of executive control. But the judges of the Supreme Court can be removed on the address
of both the houses if found with any charge of corruption.
Thus, we can conclude that the UK constitution has incorporated the separation of powers
just to keep checks and balances among the three organs of the government but there
exist some kind of interference of one organ in the other
U.S. Constitution:
The US has a written constitution and governed by the Presidential form of government.
The cornerstone of the Constitution of the United States is the doctrine of separation of
powers. This concept is well-defined and clear under the American Constitution.
Article I – Section 1 of the American Constitution states that –
“ All the legislative powers are vested in Congress.”
Article II – Section 1 of the American Constitution states that –
“ All the executive powers are vested in the President.”
Article III – Section 1 of the American Constitution states that –
“ All the judicial powers are vested in the federal courts and the Supreme Court.”
The President and his ministers are the executive authority and they are not members of
the Congress. The ministers are accountable to the President only and not to Congress.
The tenure of the President is fixed and independent of the majority in Congress.
Congress is the sovereign legislative authority. It consists of two houses- Senate and
House of Representative. The impeachment of the President can be done by Congress.
The treaties entered by the President are to be approved by the Senate. The Supreme
Court of the USA is independent. It may declare any action of the executive as well as the
legislature as unconstitutional if found so. Thus, it appears as if the powers of the three
organs exist in a watertight compartment but actually it is not so.
1. President interferes in the functioning of Congress by exercising his veto power. He
also makes the appointment of the Judges thus, interfering in judicial powers.
2. Similarly, Congress interferes in the powers of the Courts by passing procedural
laws, making special courts and by approving the appointment of the judges.
3. The judiciary, by exercising the power of judicial review interferes in the powers of
Congress and the President.
3. RULE OF LAW (DICEY'S)
Answer: The concept of Rule Law is that the state is governed, not by the ruler or the
nominated representatives of the people but by the law. A county that enshrines the rule of
law would be one wherein the Grundnorm of the country, or the basic and core law from
which all other law derives its authority is the supreme authority of the state. The monarch or
the representatives of the republic are governed by the laws derived out of the Grundnorm
and their powers are limited by the law. The King is not the law but the law is king.
The origins of the Rule of Law theory can be traced back to the Ancient Romans during the
formation of the first republic; it has since been championed by several medieval thinkers in
Europe such as Hobbs, Locke, and Rousseau through the social contract theory. Indian
philosophers such as Chanakya have also espoused the rule of law theory in their own way,
by maintaining that the King should be governed by the word of law.
The formal origin of the word is attributed to Sir. Edward Coke, and is derived from the
French phrase ‘la Principe de legalite’ which means the principle of legality. The firm basis
for the Rule of Law theory was expounded by A. V. Dicey and his theory on the rule of law
remains the most popular. Dicey’s theory has three pillars based on the concept that “a
government should be based on principles of law and not of men”, these are:
Supremacy of Law:
This has always been the basic understanding of the rule of law that propounds that the law
rules over all people including the persons administering the law. The lawmakers need to
give reasons that can be justified under the law while exercising their powers to make and
administer the law.
Equality before the Law:

While the principle of supremacy of law sets in place cheques and balances over the
government on making and administering the law, the principle of equality before the law
seeks to ensure that the law is administered and enforced in a just manner. It is not enough to
have a fair law but the law must be applied in a just manner as well. The law cannot
discriminate between people in matters of sex, religion, race etc. This concept of the rule of
law has been codified in the Indian Constitution under Article 14 and the Universal
Declaration of Human Rights under the Preamble and Article 7.
Pre-dominance of legal spirit:

In including this as a requirement for the rule of law, Dicey believed that it was insufficient to
simply include the above two principles in the constitution of the country or in its other laws
for the state to be one in which the principles of rule of law are being followed. There must
be an enforcing authority and Dicey believed that this authority could be found in the courts.
The courts are the enforcers of the rule of law and they must be both impartial and free from
all external influences. Thus the freedom of the judicial becomes an important pillar to the
rule of law.
In modern parlance Rule of Law has come to be understood as a system which has safeguards
against official arbitrariness, prevents anarchy and allows people to plan the legal
consequences of their actions.
THEORETICAL APPLICATION OF RULE OF LAW IN

INDIA
India adopted the Common law system of justice delivery which owes its origins to British
jurisprudence, the basis of which is the Rule of Law. Dicey famously maintained that the
Englishmen does not need Administrative law or any form of written law to keep checks on
the government but that the Rule of Law and natural law would be enough to ensure the
absence of executive arbitrariness. While India also accepts and follows the concept of
natural law, there are formal and written laws to ensure compliance.
Most famously in the case of Kesavananda Bharati v. State of Kerala, the Supreme Court held that
the Rule of Law is an essential part of the basic structure of the constitution and as such cannot be
amended by an Act of Parliament, thereby showing how the law is superior to all other authority of
men.
Most famously in the case of Maneka Gandhi v. Union of India the court ensured that
exercise of power in an arbitrary manner by the government would not infringe the rights of
the people and in Kesavananda Bharati the court ensured that laws could not be made that
essentially go against the Rule of Law by saying that the basic structure could not be
breached.
Apart from the judicial decision, the constitutional mechanism in itself provides for the
protection of the rule of law through the creation of monitoring agencies. While there have
been numerous scams that have come to light in the last few years, the fact that must also be
noted is that these scams have come to light and the justice delivery mechanism has been set
in motion against the perpetrators.
The role of the Central Vigilance Commission and the Comptroller and Auditor General in
the exposure of these discrepancies is commendable and this shows how the law has provided
for its own protection by putting in place multiple levels of safeguards which ensure that it
will be effective at some level. The Election Commission of India, a constitutional body has
also been undertaking the task of ensuring free and fair elections with some degree of
efficiency.
4. RULE AGAINST BIAS.

Answer: ‘Natural Justice’ has meant many things to many writers, lawyers, jurists and
systems of law. It has many colours, shades, shapes and form. Rules of natural justice are
not embodied rules and they cannot be imprisoned within the straitjacket of a rigid
formula. ‘Absence of Bias’ or ‘Rule against Bias’ is one of the principles of ‘Natural Justice’
the other being ‘Audi Alteram partem’.
This principle of natural justice consists of the rule against bias or interest and is based
on three maxims:
• No man shall be a judge in his own cause
• Justice should not only be done but manifestly and undoubtedly be seen to be
done
• Judges like -Caesar’s wife should be above suspicion
Rules of Natural Justice
• NEMO JUDEX IN CAUSA SUA
• AUDI ALTERAM PARTEM

• REASONED DECISION
Nemo Judex In Causa Sua

“No one should be a judge in his own case” because it leads to rule of
biases. Bias means an act which leads to unfair activity whether in a
conscious or unconscious stage in relation to the party or a particular
case. Therefore, the necessity of this rule is to make the judge impartial and
given judgement on the basis of evidence recorded as per the case.
Type of Bias
1. Personal Bias.
2. Pecuniary Bias.
3. Subject matter Bias.
4. Departmental Bias.
5. Policy notion Bias.
6. Bias on the account of obstinacy.
Personal bias
Personal bias arises from a relation between the party and deciding
authority. Which lead the deciding authority in a doubtful situation to make
an unfair activity and give judgement in favour of his person. Such equations
arise due to various forms of personal and professional relations.
In order to challenge the administrative action successfully on the ground of

personal bias, it is necessary to give a reasonable reason for bias.
Supreme court held that one of the members of the panel of selection
committee his brother was a candidate in the competition but due to this, the
whole procedure of selection cannot be quashed.
Here, to avoid the act of biases at the turn of his brother respective panel
member connected with the candidate can be requested to go out from the
panel of the selection committee. So, a fair and reasonable decision can be
made. Ramanand Prasad Singh vs. UOI.
Pecuniary bias
If any of the judicial body has any kind of financial benefit, how so ever small
it may be will lead to administrative authority to biases.
Subject matter bias
When directly or indirectly the deciding authority is involved in the subject

matter of a particular case.
Muralidhar vs. Kadam Singh The court refused to quash the decision of
Election Tribunal on the ground that the chairman’s wife was a member of
Congress party whom the petitioner defeated.
Departmental bias
The problem or issue of departmental bias is very common in every

administrative process and it is not checked effectively and on every small
interval period it will lead to negative concept of fairness will get vanished in
the proceeding.
Policy notion bias
Issues’ arising out of preconceived policy notion is a very dedicated issue.

The audience sitting over there does not expect judges to sit with a blank
sheet of paper and give a fair trial and decision over the matter.
Bias on the account of the obstinacy
Supreme court has discovered new criteria of biases through the

unreasonable condition. This new category emerged from a case where a
judge of Calcutta High Court upheld his own judgement in appeal. A direct
violation of the rules of bias is done because no judge can sit in appeal
against in his own case.
LONG ANSWERS
1. DEFINE ADMINISTRATIVE LAW & DISCUSS THE RELATION BETWEEN CONST. LAW AND
ADMIN LAW
Answer: Administrative law is the law that governs the administrative actions.
As per Ivor Jennings- the Administrative law is the law relating to
administration. It determines the organisation, powers and duties of
administrative authorities. It includes law relating to the rule-making power
of the administrative bodies, the quasi-judicial function of administrative
agencies, legal liabilities of public authorities and power of the ordinary
courts to supervise administrative authorities. It governs the executive and
ensures that the executive treats the public fairly.
Administrative law is a branch of public law. It deals with the relationship of

individuals with the government. It determines the organisation and power
structure of administrative and quasi-judicial authorities to enforce the law.
It is primarily concerned with official actions and procedures and puts in
place a control mechanism by which administrative agencies stay within
bounds.
However, administrative law is not a codified law. It is a judge-made law

which evolved over time.
In the present era, administrative law is recognized as a separate branch of

legal studies but at the same time, the disciplines of the constitutional and
administrative law may overlap with each other at a certain place which is
known as water shades in administrative law. It can include the whole control
mechanism provided in the constitution for the control of administrative
authorities which is Article 32, 136, 267, 227 and 311. It may also include
inter-state council; Article 263, finance commission; Article 280; interstate
water dispute authorities; Article 262, public service commission. It may also
include the limitation imposed by constitutional laws on delegations of
powers to the administrative authorities. So the watersheds under
administrative law show that administrative law is not totally independent
from constitutional laws. But it is interred related to each other. The
difference between the two itself shows that both are supplementary and
complementary to each other.
“It is logically impossible to distinguish administrative from constitutional law

and all attempts to do so are artificial.”
“The constitutional law describes the various organs of government at rest,

while administrative law describes them in motion.”
So we can say that the structure of legislature and executives is the subject
matter of constitutional law and its functions are the subject matter of
administrative law. Both these subjects are closely connected to each other
and form the platform for proper, responsive and accountability of the act to
the government. Constitutional law is core law which gives very life and
blood to the administrative law. Anything which is derogatory to the words
and spirit of constitutional law is ultra vires and void ab initio so it must be
noted that if we really want to comprehend of constitutional law and
administrative law then we need to have a strong understanding.
Relationship
The relationship between the administrative law and constitutional law is

not very watertight, sometimes administrative law invades into the territory
of constitutional law, so jurists, scholars and law students need to develop a
proper understanding between the relationships between these two. Both
constitutional law and administrative law are parts of the public law which
shows that constitutional law is the mother of administrative law and it
cannot be separated from each other.
In constitutional law, arbitrary action is limited by the norms and

principles of administrative law of fairness, reasonable and justness.
Administrative law deals with the organizations, powers, functions, and
duties of administrative authorities, on the other hand, constitutional law
deals with the general principles relating to the organization and powers of
various organs of the state and the relationship of these organs with the
individuals. The constitution describes the various organs of the government
at rest, while administrative law describes them in motion. It may be pointed
out that constitutional law deals with the rights and administrative law focus
on public needs.
It is a necessity of time to draw a line between these two laws in order to

define the territory of the functioning of the jurisdiction of both the laws.
2. DEFINE DELEGATED LEGISLATION, REASONS FOR THE GROWTH OF DELEGATED

LEGISLATIONS.
Answer: Delegated or subordinate Legislation may be defined as rules of law made under
the authority of an Act of Parliament. Although laws are to be made by the Legislature,
but the Legislature may by statute delegate its power to other persons or bodies. Such a
statute is commonly known as “the enabling Act” and lays down the broad principles and
leaves the detailed rules to be provided by regulations made by a Minister or other
persons. Delegated legislation exists in the form of rules, regulations, orders and bye-
laws.
Delegation’ has been defined by Black’s Law Dictionary as an act of entrusting a person
with the power or empowering him to act on behalf of that person who has given him
that power or to act as his agent or representative. ‘Delegated legislation’ means
exercising of legislative power by an agent who is lower in rank to the Legislature, or who
is subordinate to the Legislature. Delegated legislation, additionally alluded to as auxiliary

legislation, is an enactment made by an individual or body other than Parliament.
Parliament, through an Act of Parliament, can allow someone else or somebody to make
enactment. An Act of Parliament makes the system of a specific or particular law and
tends to contain an outline of the purpose of the Act. By delegating the legislation by
Parliament to the Executive or any subordinate, it empowers different people or bodies to
integrate more details to an Act of Parliament. Parliament along these lines through
essential enactment (for example an Act of Parliament), licenses others to make laws and
guidelines through delegated legislation. The enactment made by authorized person must
be made as per the reason set down in the Act of Parliament.
Reasons for Growth of Delegated Legislation

(a) Pressure upon parliamentary time: The horizons of state activities are expanding. The bulk
of legislation is so great. It is not possible for the legislature to devote sufficient time to
discuss all the matters in detail. Therefore, legislature formulates the general policy – the
skeleton and empowers the executive to fill in the details – thus giving flesh and blood to the
skeleton so that it may live- by issuing necessary rules, regulation, bye-laws etc.
In the words of Sir Cecil Carr, ‘delegated legislation is a growing child called upon to
relieve the parent of the strain of overwork and capable of attending to minor matters, while
the parent manages the main business. The Committee on Ministers’ powers has rightly
observed: “The truth is, that if parliament were not willing to delegate law-making power,
parliament would be unable to pass the kind and quality and legislation which modern public
opinion requires.”
(b) Technicality: Sometimes, the subject matter of legislation is technical. So, the assistance
of experts is required. Members of parliament may be the best politicians but they are not
expert to deal with highly technical matters. These matters are required to be handled by
experts. Here, the legislative power may be conferred on experts to deal with the technical
problems. i.e. gas, atomic energy, drugs, electricity etc.
(c) Flexibility: Parliament cannot foresee all the contingencies while passing on enactment.
To satisfy these demands of unforeseen situation some provisions are required to be made. A
legislative amendment is a slow and cumbersome process. But by the device of delegated
legislation, the executive can meet the situation expeditiously, e.g. bank rate, police
regulations, export and import, foreign exchange etc. Therefore, in a number of statutes a
‘removal of difficulty’ clause has been added empowering the administration to overcome
such difficulties by exercising delegated power. This Henry VIII clause confers very wide
powers on the Government.
(d) Experiment: The practice of delegated legislation enables the executive to experiment.
This method permits rapid utilization of experience and implementation of necessary changes
in the application of the provisions in the light of such experience. For example, in road
traffic matters, an experiment may be conducted and in the light of its application necessary
changes could be made. The advantage of such a course is that it enables the delegated
authority to consult interests likely to be affected by a particular law, make actual
experiments when necessary and utilize the result of his investigation and experiments in the
best possible way. If the rules and regulations are found to be satisfactory, they can be
implemented successfully. On the other hand, if they are found to be defective, the defects
can be cured immediately.
(e) Emergency: In times of emergency, quick action is required to be taken. The legislative
process is not equipped to provide for an urgent solution to meet the situation. Delegated
legislation is the only convenient- indeed the only possible remedy. Therefore, in times of
war and other national emergencies, the executive is vested with extremely wide powers to
deal with the situation. There was substantial growth of delegated legislation during the two
world wars similarly in cases of epidemics, floods, inflation, economic depression etc.
immediate remedial actions are necessary which may not be possible by lengthy legislative
process and delegated legislation is the only convenient remedy.
(f) Complexity of modern administration: The complexity of modern administration and
the expansion of the functions of the state to the economic and social sphere have rendered it
is necessary to resort to new forms of legislation and to give wide powers to various
authorities on suitable occasions. In a country like Bangladesh, where control and regulation
over private trade, business or property may be required to be imposed, the administration
must be given ample power to implement such policy so that immediate action can be taken.
Therefore, there has been a rapid growth of delegated legislation in all countries and it
becomes indispensable in the modern administrative era.
3. CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS/ACTIONS WITH SUITABLE EXAMPLES

Answer: Classification of Administrative Action
Administrative action is a comprehensive term and defies exact definition. In modern
times the administrative process is a by-product of intensive form of government and cuts
across the traditional classification of governmental powers and combines into one all the
powers, which were traditionally exercised by three different organs of the State.
Therefore, there is general agreement among the writers on administrative law that any
attempt of classifying administrative functions or any conceptual basis is not only
impossible but also futile. Even then a student of administrative law is compelled to delve
into field of classification because the present-day law especially relating to judicial
review freely employs conceptual classification of administrative action. Thus, speaking
generally, an administrative action can be classified into four categories:
1. Rule-making action or quasi-legislative action.
2. Rule-decision action or quasi-judicial action.
3. Rule-application action or administrative action.
4. Ministerial action
1. Rule-making action or quasi-legislative action –

The legislature is the law-making organ of any state. In some written constitutions, like
the American and Australian Constitutions, the law-making power is expressly vested in
the legislature. However, in the Indian Constitution though this power is not so expressly
vested in the legislature, yet the combined effect of Articles 107 to III and 196 to 201 is
that the law-making power can be exercised for the Union by Parliament and for the
States by the respective State legislatures. It is the intention of the Constitution-makers
that those bodies alone must exercise this law-making power in which this power is
vested. But in the twentieth Century today these legislative bodies cannot give that
quality and quantity of laws, which are required for the efficient functioning of a modern
intensive form of government.
Therefore, the delegation of law-making power to the administration is a compulsive
necessity. When any administrative authority exercises the law-making power delegated
to it by the legislature, it is known as the rule-making power delegated to it by the
legislature, it is known as the rule-making action of the administration or quasi-legislative
action and commonly known as delegated legislation.
Rule-making action of the administration partakes all the characteristics, which a
normal legislative action possesses. Such characteristics may be generality, prospectivity
and a behaviour that bases action on policy consideration and gives a right or a disability.
These characteristics are not without exception. In some cases, administrative rule-
making action may be particularised, retroactive and based on evidence.
2. Rule-decision action or quasi-judicial action –

Today the bulk of the decisions which affect a private individual come not from courts but
from administrative agencies exercising adjudicatory powers. The reason seems to be that
since administrative decision-making is also a by-product of the intensive form of
government, the traditional judicial system cannot give the people that quantity of justice,
which is required in a welfare State.
Administrative decision-making may be defined, as a power to perform acts
administrative in character, but requiring incidentally some characteristics of judicial
traditions. On the basis of this definition, the following functions of the administration
have been held to be quasi-judicial functions:
A. Disciplinary proceedings against students.
B. Disciplinary proceedings against an employee for misconduct.
C. Confiscation of goods under the sea Customs Act, 1878.
D. Cancellation, suspension, revocation or refusal to renew license or permit by
licensing authority.
E. Determination of citizenship.
F. Determination of statutory disputes.
G. Power to continue the detention or seizure of goods beyond a particular period.
H. Refusal to grant ‘no objection certificate’ under the Bombay Cinemas (Regulations) Act,
1953.
I. Forfeiture of pensions and gratuity.
J. Authority granting or refusing permission for retrenchment.

K. Grant of permit by Regional Transport Authority.
Attributes of administrative decision-making action or quasi-judicial action and the
distinction between judicial, quasi-judicial and administrative action.
3. Rule-application action or administrative action –
Though the distinction between quasi-judicial and administrative action has become
blurred, yet it does not mean that there is no distinction between the two. If two persons
are wearing a similar coat, it does not mean that there is no difference between them.
The difference between quasi-judicial and administrative action may not be of much
practical consequence today but it may still be relevant in determining the measure of
natural justice applicable in a given situation. In A.K. Kraipak v. Union of India, the Court
was of the view that in order to determine whether the action of the administrative
authority is quasi-judicial or administrative, one has to see the nature of power conferred,
to whom power is given, the framework within which power is conferred and the
consequences.
Therefore, administrative action is the residuary action which is neither legislative nor
judicial. It is concerned with the treatment of a particular situation and is devoid of
generality. It has no procedural obligations of collecting evidence and weighing argument.
It is based on subjective satisfaction where decision is based on policy and expediency. It
does not decide a right though it may affect a right. However, it does not mean that the
principles of natural justice can be ignored completely when the authority is exercising
“administrative powers”. Unless the statute provides otherwise, a minimum of the
principles of natural justice must always be observed depending on the fact situation of
each case.
4. Ministerial action –
A further distillate of administrative action is ministerial action. Ministerial action is that
action of the administrative agency, which is taken as matter of duty imposed upon it by
the law devoid of any discretion or judgment. Therefore, a ministerial action involves the
performance of a definitive duty in respect of which there is no choice. Collection of
revenue may be one such ministerial action.
4. NATURAL JUSTICE.
Answer:
Introduction
Principle of Natural Justice is derived from the word ‘Jus Natural’ of the
Roman law and it is closely related to Common law and moral principles but
is not codified. It is a law of nature which is not derived from any statute or
constitution. The principle of natural justice is adhered to by all the citizens
of civilised State with Supreme importance. In the ancient days of fair
practice, at the time when industrial areas ruled with a harsh and rigid law to
hire and fire, the Supreme court gave its command with the passage of
duration and establishment of social, justice and economy statutory

protection for the workmen.
Natural justice simply means to make a sensible and reasonable decision

making procedure on a particular issue. Sometimes, it doesn’t matter what is
the reasonable decision but in the end, what matters is the procedure and
who all are engaged in taking the reasonable decision. It is not restricted
within the concept of ‘fairness’ it has different colours and shades which vary
from the context.
Basically, natural justice consists of 3 rules.
The first one is “Hearing rule” which states that the person or party who is
affected by the decision made by the panel of expert members should be
given a fair opportunity to express his point of view to defend himself.
Secondly, “Bias rule” generally expresses that panel of expert should be

biased free while taking the decision. The decision should be given in a free
and fair manner which can fulfil the rule of natural justice.
And thirdly, “Reasoned Decision” (Ratio decidendi) which states that

order, decision or judgement of the court given by the Presiding authorities
with a valid and reasonable ground.
Origin
The principle of natural justice is a very old concept and it originated at an

early age. The people of Greek and roman were also familiar with this
concept. In the days of Kautilya, Arthashastra and Adam were acknowledged
the concept of natural justice. According to the Bible, in the case of Eve and
Adam, when they ate the fruit of knowledge, they were forbidden by the god.
Before giving the sentence, eve was given a fair chance to defend himself
and the same process was followed in the case of Adam too.
Later on, the concept of natural justice was accepted by the English jurist.
The word natural justice is derived from the Roman word ‘jus-
naturale’ and ‘lex-naturale’ which planned the principles of natural justice,
natural law and equity.
“Natural justice is a sense of what is wrong and what is right.”
In India, this concept was introduced at an early time. In the case

of Mohinder Singh Gill vs. Chief Election Commissioner, the court held
that the concept of fairness should be in every action whether it is judicial,
quasi-judicial, administrative and or quasi-administrative work.
Purpose of the principle
• To provide equal opportunity of being heard.

• Concept of Fairness.
• To fulfil the gaps and loopholes of the law.
• To protect the Fundamental Rights.
• Basic features of the Constitution.
• No miscarriage of Justice.
The principles of natural justice should be free from bias and parties should
be given fair opportunity to be heard and all the reasons and decision taken
by the court should be informed by the court to the respective parties.
Supreme court said that arriving at a reasonable and justifiable judgement is

the purpose of judicial and administrative bodies. The main purpose of
natural justice is to prevent the act of miscarriage of justice.
A committee i.e. “Ministers Power” gave 3 essentials procedure related to

the principles of natural justice.
1. No one should be a judge in his own matter.
2. No one can be condemned unheard.

3. The party is entitled to know each and every reason and the
decision taken by the authority (Ratio decidendi).
When it can be claimed?
Natural justice can be claimed when acting judicially or quasi-judicial like

panchayat and tribunals etc. as well. It includes the concept of fairness, basic
moral principles and various different kinds of biases and why the natural
justice is required and what all special cases or situation it includes where
the principles of natural justice will not be applicable.
In the case of the Province of Bombay vs. Khushaldas Advani, it was

said that natural justice will be applicable on statutory as it is a basic
principle of Natural justice which leads to fairness and justice.
Effect of function
• Administrative action.
• Civil consequences.
• The doctrine of Legitimate exception.
• Fairness in action.
• Disciplinary proceeding.
In the case of Board of high school vs. Ghanshyam, a student was caught
while cheating in the examination hall and he was debarred due to the act.
Supreme Court held that student cannot file a Public Interest Litigation
against the examination board.
High water mark case- Eurasian equipment and company limited vs.
State of West Bengal: Under this case, all the executive engineers were
blacklisted. Supreme Court held that without giving a valid and reasonable
ground you cannot blacklist anyone and further he should be given a fair
opportunity of being heard.
Rules of Natural Justice
• NEMO JUDEX IN CAUSA SUA

• AUDI ALTERAM PARTEM
• REASONED DECISION
Nemo Judex In Causa Sua

“No one should be a judge in his own case” because it leads to rule of
biases. Bias means an act which leads to unfair activity whether in a
conscious or unconscious stage in relation to the party or a particular
case. Therefore, the necessity of this rule is to make the judge impartial and
given judgement on the basis of evidence recorded as per the case.
Type of Bias
1. Personal Bias.
2. Pecuniary Bias.
3. Subject matter Bias.
4. Departmental Bias.
5. Policy notion Bias.
6. Bias on the account of obstinacy.
Audi Alteram Partem
It simply includes 3 Latin word which basically means that no person can be
condemned or punished by the court without having a fair opportunity of
being heard.
In many jurisdictions, a bulk of cases are left undecided without giving a fair
opportunity of being heard.
The literal meaning of this rule is that both parties should be given a fair
chance to present themselves with their relevant points and a fair trial should
be conducted.
This is an important rule of natural justice and its pure form is not to penalize anyone without any
valid and reasonable ground. Prior notice should be given to a person so he can prepare to know
what all charges are framed against him. It is also known as a rule of fair hearing. The components of
fair hearing are not fixed or rigid in nature. It varies from case to case and authority to authority.
Key components are:

1. Issuance of Notice,
2. Right to present the case and evidence,
3. Right to cross examination the witnesses,
4. Right to have Legal Representative,
5. Right to introduce witnesses in his favour.
Reasoned Decision
Basically, it has 3 grounds on which it relies:-
1. The aggrieved party has the chance to demonstrate before the

appellate and revisional court that what was the reason which
makes the authority to reject it.
2. It is a satisfactory part of the party against whom the decision is
made.
3. The responsibility to record reasons works as obstacles against
arbitrary action by the judicial power vested in the executive
authority.
5. ADMINISTRATIVE DISCRETION AND JUDICIAL REVIEW.

Answer: Judicial Review is the power of the Supreme Court or High Court to examine an
executive or legislative act and to invalidate that act if it is contrary to constitutional principles.
This power has been incorporated in the Constitution itself and cannot be done away with since it
is a basic feature. The researcher has analysed the ground of judicial review. Though there is no
clarity regarding the same through an analysis of case law the researcher has attempted to arrive
at certain accepted basis for such a review to take place. In Council of Civil Services Union v
Minister of Civil Service the grounds of judicial review were stated to be jurisdictional error,
irrationality, procedural impropriety, proportionality and legitimate expectation.
Jurisdictional errors are subject to review in cases when there is a lack of jurisdiction,
excess of jurisdiction or an abuse of jurisdiction. If an administrative action appears to be
irrational and satisfies the Wednesbury Test that evolved after the case of Associated
Provincial Picture House v. Wednesbury then it can be reviewed. An action that is not in
compliance with procedures and which is not reasonable, goes beyond what is desirable
can be reviewed. Lastly, if a certain law leads to the birth of a legitimate expectation in
the mind of a person which is subsequently breached then the action leading to such a
breach can be reviewed. Relevant case laws have been used to shed light on how this
concept has evolved and more specifically they also provide clarity regarding in what
circumstances such discretion can be exercised. The research paper finally goes on to
acknowledge that such a power can be dangerous as no checks can be imposed upon it
other than self imposed discipline.
Introduction
In recent times, many administrative decisions taken by the Government are being struck
down either on avoidable grounds of illegality or procedural irregularity or some other
grounds which could have been validly averted. Judicial review is the basic feature of the
Indian Constitution and therefore, cannot be abrogated even by an amendment of the
Constitution. It is incorporated in Articles 226 and 227 of the Constitution insofar as the
High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the
Constitution embody the principle of judicial review. Article 32 is included in Part III as a
fundamental right for enforcement of any of the fundamental rights conferred under Part
III. Generally, judicial review of any administrative action can be exercised on four
grounds viz,
a). Jurisdictional Error:
1. Lack of Jurisdiction,
2. Excess of jurisdiction,
3. Abuse of Jurisdiction,
b) Irrationality (Wednesbury Test): A standard of unreasonableness used in assessing an
application for judicial review of a public authority's decision. A reasoning or decision is
Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting
reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury
Corporation (1948) 1 KB 223). The test is a different (and stricter) test than merely showing that
the decision was unreasonable.
c) Procedural impropriety: Failure to comply with procedures laid down by statute may
invalidate a decision. Procedural Impropriety is to encompass two areas: failure to observe rules laid
down in statute; and a failure to observe the basic common law rule of natural justice
d) Proportionality:
Proportionality means that the administrative action should not be more drastic than it
ought to be for obtaining desired result. Proportionality is sometimes explained by the
expression ‘taking a sledgehammer to crack a nut’. Thus this doctrine tries to balance
means with ends. Proportionality shares space with ‘reasonableness’ and courts while
exercising power of review sees, ‘is it a course of action that could have been reasonably
followed’. Courts in India have been following this doctrine for a long time but English
Courts have started using this doctrine in administrative law after the passing of
the Human Rights Act, 1998. Thus if an action taken by the authority is grossly
disproportionate, the said decision is not immune from judicial scrutiny. The sentence has
to suit the offence & the offender. It should not be vindictive or unduly harsh.
In Hind Construction Co. vs. Workmen[xxiii], some workers remained absent from duty
treating a particular day as holiday. They were dismissed from service. The industrial
tribunal set aside the action. This court held that the absence could have been treated as
leave without pay. The workmen might have been warned and fined. The Court said that
it was impossible to think that any reasonable employer would have imposed the extreme
punishment of dismissal on its entire permanent staff in this manner. The court explained
that the punishment imposed on the workmen was not only severe but out of proportion.
e) Legitimate Expectation
These grounds of judicial review were developed by Lord Diplock in Council of Civil
Service Union v. Minster of Civil Service. Though these grounds of judicial review are not
exhaustive and cannot be put in watertight compartments yet these provide sufficient
base for the courts to exercise their review jurisdiction over administrative action in the
interest of efficiency, fairness and accountability.
6. EXPLAIN THE REMEDIES AVAILABLE AGAINST THE STATE (WRITS UNDER ARTICLE 32 & 226)
Answer: Administrative law has greatly demarcated the checks, balances and permissible
area of an exercise of power, authority and jurisdiction over administrative actions
enforced by any State, Governmental agencies and instrumentalities defined under
Article 12 of the Constitution of India. And the judiciary is dynamically carving the
principles and exceptions, while making the judicial review of administrative actions.
The administrative law is that branch of law that keeps the governmental actions within
the bounds of law or to put it negatively, it prevents the enforcement of blatantly bad
orders from being derogatory.
Origin of Writs
The origin of writs can be drawn from the English Judicial system and were created with
the development of English folk courts-moots to the common law courts . The law of writs
has its origin from the orders passed by the King's Bench in England. Writs were issued on
a petition presented to the king in council and were considered as a royal order. Writs
were a written order issued in the name of the king which acted as groundwork for the
subsequent proceedings.
However, with different segments writs took various forms and names. The writs were
issued by the crown and in the interest of the crown but with the passage of time it
became available for ordinary citizens also. However a prescribed fee was charged for it
and the filing of these writs were known as Purchase of a writ.
Historical Background
The origin of writs in India goes back to the Regulating Act, 1773 under which Supreme
Court was established at Calcutta. The charter also established other High courts and
these High Courts had analogous power to issue writs as successor to the Supreme Court.
The other courts which were established subsequently did not enjoy this power. The writ
jurisdiction of these courts was limited to their original civil jurisdiction which they
enjoyed under section 45 of the Specific Relief Act, 1877.
Writs
1. Certiorari
Certiorari is a Latin term being in the passive form of the word ‘Certiorare' meaning to
inform. It was a royal demand for information. Certiorari can be described as one of the
most valuable and efficient remedies. Certiorari is one of the five prerogative writs
adopted by the Indian Constitution under Article 226 which would be enforced against the
decisions of the authority exercising judicial or quasi judicial powers. Such powers are
exercised when the authorities have failed to exercise the jurisdiction though vested in it
or failed to exercise the jurisdiction though vested on him or to correct the apparent error
on the face of record or there is violation of the principle of natural justice. An instance
showing the certiorari powers was exercised by the Hon'ble Supreme Court in A.K.Kraipak
v. Union of India, where the selection was challenged on the ground of bias. The Supreme
Court delineated the distinction between quasi judicial and administrative authority. The
Supreme Court exercising the powers issued the writ of Certiorari for quashing the action.
2. Prohibition
The writ of Prohibition is issued by the court exercising the power and authorities from
continuing the proceedings as basically such authority has no power or jurisdiction to
decide the case. Prohibition is an extra ordinary prerogative writ of a preventive nature.
The underlying principle is that ‘prevention is better than cure.' In East India Commercial
Co. Ltd v. Collector of Customs, a writ of prohibition is an order directed to an inferior
Tribunal forbidding it from continuing with a proceeding therein on the ground that the
proceeding is without or in excess of jurisdiction or contrary to the laws of the land,
statutory or otherwise.
3. Mandamus
Mandamus is a judicial remedy which is in the form of an order from a superior court to
any Government agency, court or public authority to do or forbear from doing any specific
act which that body is obliged to do under the law. The writ of mandamus is issued
whenever the public authorities fail to perform the statutory duties confirmed on them.
Such writ is issued to perform the duties as provided by the state under the statute or
forbear or restrain from doing any specific act. The first case reported on the writ of
mandamus was the Middletone case in 1573 wherein a citizen's franchise was restored.
The writ of mandamus can be issued if the public authority vested with power abuses the
power or acts mala fide to it. In Halsbury's Laws of England, it is mentioned that,
as a general rule the order will not be granted unless the party complained of has known
what it was required to do, so that he had the means of considering whether or not he
should comply, and it must be shown by evidence that there was a distinct demand of
that which the party seeking the mandamus desires to enforce and that that demand was
met by a refusal.
4. Quo Warranto
Quo Warranto means by what warrant or authority. Quo Warranto writ is issued against
the person of public who occupies the public seat without any qualification for the
appointment. It is issued to restrain the authority or candidate from discharging the
functions of public office. In University of Mysore v. Govinda Rao, the Supreme Court
observed that the procedure of quo Warrato confers the jurisdiction and authority on the
judiciary to control executive action in making the appointments to public offices against
the relevant statutory provisions; it also protects a citizen being deprived of public office
to which he may have a right.
5. Habeas Corpus
The Latin term Habeas Corpus means ‘have the body'. The incalculable value of habeas
corpus is that it enables the immediate determination of the right of the appellant's
freedom. The writ of Habeas Corpus is a process for securing liberty to the party for illegal
and unjustifiable detention. It objects for providing a prompt and effective remedy against
illegal restraints. The writ of Habeas Corpus can be filled by any person on behalf of
person detained or by the detained person himself. It is a judicial order issued by Supreme
Court or High Court through which a person confined may secure his release. The writ of
Habeas Corpus can be filed by any person on behalf of the other person.
In Icchu Devi v. Union of India, the Supreme Court held that in a case of writ of Habeas
corpus there are no strict observances of the rules of burden of proof. Even a postcard by
any pro bono publico is satisfactory to galvanize the court into examining the legality of
detention.
In A.D.M. Jabalpur v. Shivakant Shukla, it was observed that the writ of Habeas Corpus is a
process for securing the liberty of the subject by affording an effective means of
immediate relief from unlawful or unjustifiable detention whether in prison or private
custody. By it the High Court and the judges of that court at the instance of a subject
aggrieved command the production of that subject and inquire into the cause of his
imprisonment. If there is no legal justification for that detention, then the party is ordered
to be released.
7. STATE'S LIABILITY IN TORT (ARTICLE 300).

Answer: Tortious Liability emerges from the breach of an obligation essentially settled by the law:
this obligation is towards persons by and large and its breach is redressible by an activity for
unliquidated damages.
The subject of State Liability in torts has accepted extraordinary significance today. The very idea of
welfare state imagines that state deals with the natives and sets up an only connection between the
privileges of the individual and the obligations of the State. While these obligations have expanded,
the expansion in State exercises has prompted a more noteworthy effect on the subjects. Article 12
of the Indian Constitution characterizes 'State'. As per this article, State International Journal of Pure
and Applied Mathematics Special Issue 1974 implies the Union, the State government and the Local
Authorities. Subsequently the state is both the supplier and defender. The vicarious liability of state
for the demonstrations of its workers, abuse of energy by them or their carelessness expect
importance especially with regards to extending extent of central and lawful rights. This
circumstance requires a satisfactory system for assurance of State liability and granting
remuneration to the casualty in the occasions of wrongs conferred against them.
Article 300 (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 and may, subject to any
provisions 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.
 Tortious Liability.
Leading cases are:
a. State of Rajasthan v Vidyavathi;
b. Rooplal v Union of India,
c. Bhim Singh v State of Jammu & Kashmir,
d. Rudal Shah v State of Bihar.
 Promissory Estoppel
8. Contractual Liability of the State (Article 299).

Answer:
 Both the Union and State Governments have the power to enter into contracts like
private individuals, in relation to the respective spheres of their executive power.
 The contractual power of the Government is subject to some special formalities
required by the Constitution, in addition to those laid down by the Law of Contract
which governs any contract made in India.
 Article 298 of the Constitution of India provides that the executive power of the
Union and of each State shall extend to the carrying on of any trade or business and
to the acquisition, holding and disposal of property and the making of contracts for
any purpose.
 In Mahabir Auto v. IOC, it has been held that the freedom of the Government to
enter into business with anybody it likes is subject to the condition of reason and fair
play as well as public interest.
Liability in contracts: Article 299 authorises the Government of India and the Government
of State to enter into contract for any purpose subject to the mode and manner provided by
Article 299.
Article 299 runs as follows—
(1) All contracts made in the exercise of the executive power of the Union or of a State shall
be expressed to be made by the President, or by the Governor of the State, as the case may
be, and all such contracts and all assurances of property made in the exercise of that power
shall be executed on behalf of the president or the Governor by such persons and in such
manner as he may direct or authorize.
(2) Neither the President nor the Governor shall be personally liable in respect of any
contract or assurance made or executed for the purposes of this Constitution, or for
purposes of any enactment relating to the Government of India heretofore in force, nor
shall any person making or executing any such contract or assurance on behalf of any of
them personally liable in respect thereof.
Essential features of Liability of State in Contracts:
1. The Contract must be in the name of the President or Governor,
2. The contract must be executed by a person duly authorised by the President or the
Governor of the State,
3. All contracts must be expressed,
4. The contractual power of the Government is subject to some special formalities

required by the Constitution,
5. All contracts of the Union and State are subject to provisions laid down in the Indian
Contract Act, 1872,
6. The contract must be executed in proper form,
7. No ratification (Mulamchand v. State of Madhya Pradesh),
8. Restitution, in case of void agreements, the party receiving the advantage bound to
restore it, under Section 70 of the Indian Contract Act,
9. No personal liability,
10. Natural justice: Although the government is not at par with a private person while
dealing in private law yet the Governmental actions must conform to the prescribed
procedure and also must be reasonable.
11. Promissory estoppels (Motilal Padampat Sugar Mills v. State of U.P).
12. The contractual liability of the State the same as that of an individual.
13. Liability in tort {Article 300(1):
- State of Rajasthan v Vidyawati.
- Rooplal v Union of India.
CASES
1. The principal of a law college passed on order of expulsion from college against the boy
students on the basis of a complaint from girl students. It was challenged on the ground
that the statements of girl students were recorded behind the back of the boy students
and no opportunity was afforded to the boy students to cross examine the girl students.
Decide (Jan-19).
The Government impounded the passport of a person without hearing. Decide (Dec-15).
A police constable was dismissed from service without notice and opportunity to be heard.
Decide (Jun-14).
The licence of a trader was cancelled by the licensing authority. The trader applied for a
copy of the order but it was not supplied to him. An appeal to the State Government was
also rejected without communicating reasons to him. The trader intends to go to the
court. Will he succeed? (Jan17).
Selection of a person for appointment is an administrative, discretionary function.
Whether such selection can be challenged on the ground that persons not selected
were not heard? (Dec-15).
Issue: Are principles of natural justice followed? NO.
Rule: Following four principles are considered to be the foundation of natural justice:
a. No one shall be condemned unheard (audi alteram partem).
b. The administrative or quasi-judicial authority or body deciding the matter should be
free from bias (nemu judex in cause sua).
c. The person concerned should be informed of the reasons of the decision.
d. The administrative or quasi-judicial body should act in good faith, without bias and not
arbitrarily and unreasonably (Ratio decidendi).
Application: Opportunity should be given to present the case and adduce the evidence: it
means that a party should have the opportunity of adducing all relevant evidence on
which he relies, that the evidence of the opponent should be taken in his presence and
that he should be given opportunity to cross-examine the witnesses and no material
should be relied upon against him without he being given an opportunity to explain it.
In All India Amitabh Bachchan’s Fan Association v The Government of T.N., the
petitioner’s permission to erect a statue was cancelled abruptly. The Madras High Court
said: It is settled position of law that even administrative order should conform to the
principles of natural justice. When the petitioner Association has been granted permission
to erect the statue at certain junction of road, rights have accrued in its favour to erect the
statue. The right cannot be denied or taken away without hearing the petitioner
Association.
It is a natural corollary to the rule that both sides should be heard, that no evidence
should be given at the back of a party. Where written evidence is tendered, it should be
made available to him so that he has an opportunity to contradict it.
Hina Nath v Principal, Rajendra Medical College, in connection with some misbehaviour
by boy student with the girl students living in hostel, the committee of Enquiry took the
evidence of girls in the absence of the boys against whom inquiry was held, when the
order of their expulsion was challenged before the Supreme Court, the boys contended
that evidence was taken at their back. Rejecting the contention, the Supreme Court, held
that the girls would not have ventured to make their statements except at the grate risks
of harassment and retaliation. Of course, this was an exceptional case. The report of the
preliminary inquiry placed before the inquiry office need not be shown to the affected
party. A substantial and correct summary of the adverse material is sufficient to meet the
requirement of this rule.
2. A state Government, with a view to promote start up industries, declared sales tax holiday
to the effect that the product of new industries will be exempted from the levy of sales
tax. A company started the construction of an industry relying upon the statement. Later
the state Government changed its policy and the entire product was subjected to tax. The
company filed a petition in the court challenging the action of the Government. (Jan-19).
In a newly formed state, the Government gave assurance that new industrial units in the
state would be exempted from sales tax for a period of three years. Acting on this
assurance, new industries were established in the state. Later the Government retracted
its assurance and sought to impose sales tax on the product of the said industries. This
was challenged through a writ petition. Decide (Jan-17).
A company was engaged primarily in manufacturing and selling of sugar. The state
promised tax holiday for 5 years to such companies. Subsequently the state went back.
Advise (May-17).
Issue: Is this case comes under promissory estoppel? Yes
Is the party affected entitled for any relief? Yes.
Is the government bound by its earlier promise of tax exemption? Yes.
Rule:
The concept of promissory estoppel is a good relief for the suffered party which was not at
fault at all. There is no provision as such which clears availability of relief under this principle
but it is enforceable and based on equity, to protect the innocent party as a shield. The
doctrine itself, its evolution and jurisprudence behind this principle is dealt with in this
project.
Various cases in which this principle is followed and these are precedents to assure the
availability of this principle in Indian law are mentioned in this project. The realm of this
principle is ambiguous, the law commission suggested recommendation to make new
section as 25A in the Indian contract act in the 108th report. These recommendations are
mentioned in the project.
Doctrine of Promissory Estoppel
The doctrine of promissory estoppels is based on the principles of justice, fair play, and good
conscience. It was evolved by equity to prevent injustice. It neither comes under contract
nor under estoppels proper.
The principle is that when one party with the intention of creating or affecting legal
relationship makes a promise with another party and that party acts on it, that promise
should be binding for the party who is making it. It will not be allowed to go back from its
words. Because reverting from the words will be against equity.
Application:
In Motilal Padampat Sugar Mills v. State Of Uttar Pradesh And Ors, the Chief Secretary
of Govt. made an assurance that in order to establish industries firmly the total tax
exemption will be given to the new industrial units for next 3 years based on this assurance,
M.P. sugar mill started hydro generation plant taking huge amount of money as loan.
Afterward govt. makes some changes in the tax policy saying that industries will be taxed at
a varying rate.
Applying the doctrine of promissory estoppels the SC held that appellant took a huge
loan relying on the assurance made by govt. so no tax should be imposed for the period of 3
years from the date of production as the promise was made. And there is nothing like to
make that promise enforceable one party should suffer harm or damages, in absence of
detriment also the promise is binding.
Jurisprudence behind the Doctrine
The doctrine of promissory estoppel is an equitable doctrine. Like all equitable remedies, it
is discretionary, in contrast to the common law absolute right like the right to damages for
breach of contract. It is a principle evolved by equity to avoid injustice and though
commonly named ‘promissory estoppel’, it is neither in the realm of contract nor in the
realm of estoppel.
In India, however, as the rule of estoppel is a rule of evidence, the ingredients of Section
115 of the Indian Evidence Act, 1872, must be satisfied with the application of the doctrine.
The doctrine of promissory estoppel does not fall within the scope of Section 115 as the
section talks about representations made as to existing facts whereas promissory estoppel
deals with future promises. The application of the doctrine would negate the constitutional
provision, as under Article 299, which affords exemption from personal liability of the
person making the promise or assurance.
3. A student was found with a piece of paper in his pocket on which relevant matter
was written. The university debarred him from appearing examination for 2 years.
Comment (May-17 & Jun-14)
Here are two possible answers for this question:
1) If the university provided him the appropriate opportunity to be heard and to present
the facts of his side then he is having no right before the court of law
2) But if the university has not provided him the opportunity, then he is having the right to
move to the court of law as there is a clear violation of fundamental rights under Article
14, 19 and 21. This case is also a violation of principles of natural justice as it requires the
party to be heard before deciding a dispute.
Remedies:
1) Writ under Article 32 or 226
2) Nature of writ in this case will be of mandamus.
4. A wife was selected for the post of lecturer in a college by a selection committee.
Her husband was a member of the election committee. Decide (May-17, Jun-14).
An author of books was a member of the library committee constituted to
recommend purchase of books by government to be distributed to all the libraries
in the State. His own books were also recommended by the committee. Is such
recommendation valid? Explain with reasons. (Aug-13).
Issue: Is this the case of bias? Yes.
Is the selection valid? No.
Is the presence of applicant’s husband in the selection committee makes the selection suspicious?
Yes.
Rule: the doctrine of natural justice is not only to secure justice but to prevent a miscarriage of
justice also. No definite meaning and definition can be attributed to this doctrine but it certainly
represents definition can be attributed to this doctrine but it certainly represents a fair procedure
and deal.
Following four principles are considered to be the foundation of natural justice:
a. No one shall be condemned unheard (audi alteram partem).
b. The administrative or quasi-judicial authority or body deciding the matter should be
free from bias (nemu judex in cause sua).
c. The person concerned should be informed of the reasons of the decision.
d. The administrative or quasi-judicial body should act in good faith, without bias and not
arbitrarily and unreasonably.
Application:
The rule against bias is a pillar of natural justice. Operative prejudice whether conscious or
unconscious in relation to a party or issue is bias, Ashok kumar v State of Haryana, provides a good
illustration. This was a case relating to selection to the civil and allied services. The selections
were challenged on the ground of bias. The contention was that three of the selected candidates
were closely related to two of the members of the commission who had interviewed the
candidates except their own relatives. Their participation in the selection process introduced a
serious infirmity in the selections. The High Court held that the relatives of the members were
given high marks undeservedly while other meritorious candidates were deliberately given low
marks with a view to manipulating the selection of the former at the cost of the latter.
Bias takes many forms. It may be:
a. Personal bias.
b. Pecuniary bias.
c. Departmental bias.
d. Subject-matter bias.
e. Policy notion bias.
f. Bias on the account of obstinacy.
Conclusion: In the given case there is every likelihood that her husband influenced the committee
for selecting her for the lecturer post, hence the decision should be set aside and fresh selection
process should be started and the committee members should not have any interest in the
candidates and if any member is related to a student, that member has to recourse from the
selection committee.
5. Some ornaments were stolen from the house of Mr. X. They were recovered by
the police in the course of investigation and they were kept in the custody of police
under the order of the court. However, the ornaments were stolen from police
custody before the disposal of the case. After the final disposal of the case, Mr. X
applied for return of the ornaments or their equivalent value. Should the
Government compensate Mr. X? Discuss (Jan-19).
Gold was kept in the police malkhana in the custody of a head constable who
misappropriated the gold and fled to Pakistan. Decide (Jun-14).
A police constable ran away with the jewellery seized from an accused person.
Later on such accused person was proved innocent and he claimed back his
jewellery. Explain whether the government is liable to give back the jewellery?
State reasons (Aug-13).
Issue: Is the function of police comes under sovereign functions? Yes.

Is the government responsible for the loss of ornaments? No.
Rule: Immunity under sovereign function.
Application:
Kasturilal v. State of Uttar Pradesh (AIR 1965 SC 1039)-
In this case, Kasturilal's gold was seized by the police under the suspicion that it
was the stolen property. The gold was kept in the Police Malkhana under the
custody of a Head Constable. He misappropriated the gold and fled to Pakistan. In
an action by Kasturilal against the State for recovery of the Gold or its equivalent
value, the trial court dismissed the suit. On appeal, the Supreme Court upheld the
Trial Court's decision following the rule of sovereign, non-sovereign dichotomy laid
down in Peninsular & 0riental Steam Navigation Company Case.
The court approved the distinction made in the Steam Navigation case between
sovereign and non-sovereign functions of the State. Gajendragadkar, C. J., said: “If
a tortuous act committed by a public servant gives rise to a claim for damages, the
question to ask is: was the tortuous act committed by a public servant in discharge
of statutory functions which are referable to, and ultimately based on the
delegation of the sovereign powers of the State to such public servant in the
discharge of duties assigned to him not by virtue of the delegation of any sovereign
powers, an action for damages would lie.” The Court held that the tortuous act of
the police officers was committed by them in discharge of sovereign powers and
the State was therefore not liable for the damages caused to the appellant.
Conclusion: In the given case the police have discharged their statutory and legal
duties and the police duty comes under sovereign function hence the government
need not to compensate the loss of ornaments.
6. X a Government employee travelling in a Government vehicle used for Famine

relief, worker lost his life due to negligence of the driver of the vehicle. X’s widow
filed a suit against the state for damages – explain. (Mar-18).
A pedestrian was knocked down by a jeep belonging to the Government. His
widow sued the state for damages. Decide (Dec-15).
An MLA belonging to opposition party was arrested and detained by the police,
depriving him of his right to attend the assembly session. What are the remedies
available to him against the state lawlessness? (Mar-18).
Issue:
Is the government responsible for the acts of its servants? Yes.
Is the government also having vicarious liability like private individuals? Yes.
Rule:
TORTIOUS LIABILITY OF THE STATE (ARTICLE 300):
Article 300 of the Indian Constitution, which speaks about the Suits and Proceedings, deals
with the legal status of the Union and State Governments to sue and be sued in respect of
the tort, committed by its servants, while discharging their duties on behalf of the
Government, the Union or State.
Article 300 reads as —

(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 and may, subject to any
provisions 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 relating 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—
a) Any legal proceedings are pending to which the Dominion of India is a party, the Union of
India shall be deemed to be substituted for the Dominion in those proceedings, and
b) 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.
Application:
State is not a living entity but a legal entity. It can function only through its servants.
These servants in discharge of the functions assigned to them by the State may commit
torts. In such situations liability of the State for such torts arises. The liability of the State in
torts actually means vicarious liability of the State for the torts committed by its servants in
the exercise of their power or in the discharge of their duties.
Tort means a civil wrong causing injury or damage to another. The injury may be
personal, physical, mental or otherwise and injured party resorts to remedy by an action in
Civil Court. The remedy may be un-liquidated damages or injunction or restitution of
property etc.
Tortious Liability of the State means 'Liability of the State/ Government for the torts
committed by its servants.
In view of tremendous growth in administrative functions, being discharged by the

Government Servants, danger to another's person or property may take place. Then, the
question arises is, whether the Government or State is vicariously liable for the torts
committed by its servants? (Vicarious liability means 'liability of one person for the tort
(wrong) committed by another.)
Underlying Principle:
The doctrine of vicarious liability is based on the following two maxims:
1. Quasi facit per alium facit per se: It means "he who does an act through another does it
himself."
2. Respondent Superior: It means "let the Superior (Principal) be liable."
Position of State/Government Liability after the Constitution of India:

Even after the Constitution of India came into force, the courts followed sovereign, non-
sovereign dichotomy in many cases in spite of the Supreme Court’s decision in Vidyavathi’s
case.
State of Rajasthan v. Vidyavathi (AIR 1962 SC 933),

Vidyavathi's husband died of an accident having knocked down by a Collector's jeep on
official top. On appeal, the Supreme Court through Sinha C.J. held that the State is liable,
without taking into consideration, the Sovereign, Non-Sovereign Dichotomy.
Rudul Shah V. State of Bihar (AIR 1983 SC 1086)
An acquitted person was detained in prison for more than 14 years. The Supreme Court
directed the State to release him immediately and awarded exemplary damages of
Rs.35,000/-.
Bhim Singh v. State Jammu & Kashmir (AIR 1986 SC 494)

Bhim Singh was awarded Rs.50,000/- as exemplary damages (by the Supreme Court) for
unlawful detention.
Conclusion:
In the given case the government is responsible for the torts committed by its
employees under vicarious liability, hence the victim is entitled for compensation.
7. A Tribunal of limited jurisdiction exercise jurisdiction over the subject matter of

dispute by erroneously interpreting a statutory provision, and passed an order
which it has no authority to pass. This was challenged through a writ petition. Will
the petitioner succeed? If yes what type of writ can be issued in such a case?
(Mar-18 & Jan-17).
Issue:
Is passing the order by the Tribunal valid? No.
Is the order gives scope for a relief? Yes.
Rule:
In the modern law Certiorari is issued to quash the decision of a court of quasi-judicial
tribunal or an administrative body of having a duty to act fairly or in accordance with the
principles of natural justice when it has assumed jurisdiction which it does not possess or
where the order passed by it contains an error of law apparent on the face of the record.
Application:
A writ of Certiorari is issued by a Superior Court (Supreme Court and High Courts) to an
inferior court or body exercising judicial or quasi-judicial functions to remove a suit from
such inferior court or body and adjudicate upon the validity of the proceedings of body
exercising judicial or quasi-judicial functions. It may be used before the trial to prevent an
excess or abuse of jurisdiction and remove the case for trial to higher Court. It is invoked
also after trial to quash an order which has been made without jurisdiction or in violation
of the rules of natural justice.
Grounds on which writ can be issued: the writ of certiorari is issued to a judicial or quasi-
judicial body on the following grounds:
a. Where there is want of excess of jurisdiction,
b. Where there is error of law apparent on the face of the record but not error of a
fact,
c. Where there is violation of procedure or disregards of principles of natural justice.
Conclusion:
The given case is an example of judicial error and exceeding jurisdiction, the order can
be quashed by a Writ of certiorari. The victim can file a Writ of Certiorari in the Supreme
Court under Article 32 or in the High Court under Article 226 of the Indian Constitution.
8. The Government has granted mining lease in favour of politically influential person
on pick and choose basis. A public spirited citizen wants to file a petition
challenging the government action. Can he do so? What type of relief he can ask
for? (Mar-18).
A prisoner in Tihar jail filed a PIL complaining about the brutal attack and assault
by head warden on a fellow prisoner. Is such PIL maintainable? Decide with
reason. (Jan-14).
Issue:
Is granting the lease valid? No.
Can that spirited citizen file a petition in appropriate court? Yes.
Is a PIL maintainable in this case? Yes.
Rule:
Public Interest Litigation
Public Interest Litigation (PIL) is a practice or a technique that

focuses on the citizens of the country. The main purpose of this
school of jurisprudence – PIL is to protect the people of the nation.
Moreover, before heading into the intricacies of PIL, let’s understand
what it actually is and how it benefits us.
Meaning and Definition of Public Interest

Litigation
In addition to what the above paragraph states, the public interest
litigation gets initiation by a group of people. These people belong to
the country where the filing of the litigation happens. Also, it is
important to understand that PIL is a practice that allows the
following to file for litigation:
• an individual; or
• a group of people
Further, this individual person or a group of people can directly file
interest litigation with the Supreme Court. Apart from the Supreme
Court of India, the High Courts, as well as the Judicial Members, are
capable of accepting litigation files.
Moreover, it is also important to note that the person or people who

are filing the petition should not possess any interest in the litigation.
In other words, the petitioners should not file a litigation petition
keeping in mind a personal agenda. The Court accepts the litigation
only when the plea comes from a large public interest.
Importance of the Public Interest Litigation

Some of the critical importance and scope of the PIL are as follows:
• Public interest litigation provides a wider scope promoting the

right to equality.
• Not only does it promote equality, but it also ensures right to life
and personality. Part III of the Constitution of India guarantees
right to quality, life, and personality.
• PIL is solely responsible for providing relief and remedies of the
writ jurisdiction.
• The public interest litigation practice functions as an effective
instrument for changing society and ensuring welfare.
• Also, with the help of the public interest litigation, anyone can
seek remedy on behalf of the under-privileged class by
introducing the public interest litigation.
Apart from the obvious importance of the PIL, here is why it is
valued as highly as it is.
The PIL can do the following:
• Clarify the Indian societal law.

• Holding the public accountable by/and ensuring that they make
appropriate decisions, act fair and transparent within their legal
powers.
• Aid in developing the law by providing the judges with the
opportunity to accurately interpret the legislation.
• Provide a voice to the voiceless and vulnerable by highlighting an
important issue.
• Providing a platform to the vulnerable people to protect and
practice their rights.
• Raise awareness of societal issues, encourage public debates and
increase accurate media coverage.
Application:
When a PIL can be filed:
Any Indian citizen can file a PIL, the only condition being that it should not be filed with a
private interest, but in larger public interest. At times, even the Court (suo moto) can take
cognizance of a matter if it is one of utmost public importance, and appoint an advocate to
handle the case.
PROCEDURE TO FILE A PIL IN THE HIGH COURT (ARTICLE 226) OR

SUPREME COURT (ARTICLE 32):
Any public spirited citizen can move/approach the court for the public cause
(in the interests of the public or public welfare) by filing a petition:
1. In Supreme Court under Art.32 of the Constitution;

2. In High Court under Art.226 of the Constitution; and
3. In the Court of Magistrate under Sec.133, Cr. P.C.
Conclusion:
The Case 2 pertains to an individual, public at large are not affected by this so filing a
PIL is not maintainable and instead, he can file a criminal case against the warden.
In case 1, the circumstances are suitable for filing for a PIL in an appropriate court for
asking to cancel the mining lease granted arbitrarily and thereby incurring huge losses to
the exchequer. The court may cancel the mining lease and instruct the government to call
for a tender by inviting all the interested persons to participate in the tender.

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Administrative Law Study Material – 3rd Sem

ADMINISTRATIVE LAW IMPORTANT QUESTIONS

1 AUDI ALTARAM PARTEM (HIRA NATH V PRINCIPAL, RAJENDRA MEDICAL COLLEGE) 4

PAPER-III: ADMINISTRATIVE LAW

Unit-II: Basic concepts of Administrative Law — Rule of Law — Interpretation of Dicey's

Unit-III: Classification of Administrative functions — Legislative, Quasi-judicial,

Unit-IV: Judicial Control of Administrative Action - Grounds of Judicial Control — Principles

Suggested Readings: 1. Griffith and Street: Principles of Administrative Law. 2.

2. THEORY OF SEPARATION OF POWERS (IN INDIA, UK AND IN USA)

3. RULE OF LAW (DICEY'S)

Equality before the Law:

Pre-dominance of legal spirit:

THEORETICAL APPLICATION OF RULE OF LAW IN

4. RULE AGAINST BIAS.

Rules of Natural Justice

• NEMO JUDEX IN CAUSA SUA

• AUDI ALTERAM PARTEM

Nemo Judex In Causa Sua

In order to challenge the administrative action successfully on the ground of

Subject matter bias

When directly or indirectly the deciding authority is involved in the subject

The problem or issue of departmental bias is very common in every

Policy notion bias

Issues’ arising out of preconceived policy notion is a very dedicated issue.

Bias on the account of the obstinacy

Supreme court has discovered new criteria of biases through the

Administrative law is a branch of public law. It deals with the relationship of

However, administrative law is not a codified law. It is a judge-made law

In the present era, administrative law is recognized as a separate branch of

“It is logically impossible to distinguish administrative from constitutional law

“The constitutional law describes the various organs of government at rest,

The relationship between the administrative law and constitutional law is

In constitutional law, arbitrary action is limited by the norms and

It is a necessity of time to draw a line between these two laws in order to

2. DEFINE DELEGATED LEGISLATION, REASONS FOR THE GROWTH OF DELEGATED

is subordinate to the Legislature. Delegated legislation, additionally alluded to as auxiliary

Reasons for Growth of Delegated Legislation

3. CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS/ACTIONS WITH SUITABLE EXAMPLES

1. Rule-making action or quasi-legislative action –

2. Rule-decision action or quasi-judicial action –

J. Authority granting or refusing permission for retrenchment.

duration and establishment of social, justice and economy statutory

Natural justice simply means to make a sensible and reasonable decision

Basically, natural justice consists of 3 rules.

Secondly, “Bias rule” generally expresses that panel of expert should be

And thirdly, “Reasoned Decision” (Ratio decidendi) which states that

The principle of natural justice is a very old concept and it originated at an

“Natural justice is a sense of what is wrong and what is right.”

In India, this concept was introduced at an early time. In the case

Purpose of the principle

• To provide equal opportunity of being heard.

Supreme court said that arriving at a reasonable and justifiable judgement is

A committee i.e. “Ministers Power” gave 3 essentials procedure related to

1. No one should be a judge in his own matter.

2. No one can be condemned unheard.

When it can be claimed?

Natural justice can be claimed when acting judicially or quasi-judicial like

In the case of the Province of Bombay vs. Khushaldas Advani, it was