3. Author Prof. Prakash K. Mokal.

"ADMINISTRATIVE LAW"
~elSyffa6us
11 Evolution, Nature and Scope ofAdministrative Law:
,)
i) From a Laissez-faire to a social welfare State;
ii) State as a regulator of private interest;
iii) State as provider of services;
iv) Other functions of modem State : relief, welfare.
b) Evolution of administration as the fomth branch of government - Necessity for delegation of powers
on administration.
c)
i) Evolution of agencies and procedure for settlement of disputes between individual and
administration;
ii) Regulatory agencies on the United States;
iii) Conseil d' Etat;
iv) Tribunalization in England and India.
d) Definition and scope of administrative law.
e) Relationship between Constitutional law and Administrative law.
f) Separation of powers.
g) Rule of law.

[2} Civil Service in India:

a) Nature and organization of civil service : from colonial relics to democratic aspiration.
b) Powers and functions.
c) Accountability and responsiveness: problems and perspectives.
d) Administrative deviance - corruption, nepotism, mal-administration.

[3} Legislative Powers o(Administration:

a) Necessity for delegation of legislative power.
b) Constitutionality of delegated legislation - powers of exclusion and inclusion, and power to modify
statute.
c)
i) Requirements for the validity of delegated legislation;
ii) Consultation of affected interests and public participation in rule-making;
iii) Publication of delegated legislation.
d) Administrative directions, circulars and policy statements.
i) Legislative control of delegated legislation;
ii) Laying procedures and their efficacy;
iii) Committees on delegated legislation - their constitution, functions and effectiveness;
iv) Hearing before legislative committees.
t) Judicial control of delegated legislation.
g) Sub-delegation of legislative powers.

(4) Judicial Powers o(Administration:

a) Need for devolution of adjudicator authority on administration.
b) Administrative tribunals and other adjudicating authorities : their administrative ad-hoc character.
 4. .-111111111· - l' rtl/. l'r 1t/i 1t.1"/, I(

. d .• --rnslllllilllll. jurisdi clion and procedu re.

~ 5. Author Pro f. Prakash K. Molwl.
,·) Tnbunal~ - nrr . natull . u . . . ,- .- . .
. ., d ·, ,~ tin· inbunal s and 01h, 1 nu1h01111cs.
d) .lunsd1c11on ,, 1,1 1111111. '" . . . . .. . . • . . . I) Trnnsparcncy andri ght lo in fo rmati on.
. . . . ,11 qii•,,-,ud ll'l'ii :111d :1d1111ms11 ,1111 , lunc11 ons.
r} D i~ 1mr l1C'll 11ct" L'l ••-_ . • ., • "' _. . , • .• g) Estoppcls and wa ive r.
i) The right 1<i hc:mng ,:ss,·n11 ,1b 111 hc,um,,0 p1 <1cc ss.
ii) \Jo mnn shall 1,,, _j udge 111 hi s 011 n caus,·:
ii i) ;,-10 mnn ,hall b,· ,·,indcmncd unheard. 181 Corporations and P11blic _U11dertaki11gs:
Ruic of c1 idem·,· - m1 ,., idcn,·,-. some c, idcncc and subslanlial evidence rul es. a) Slate monopoly ~ remed ies aga 111st arb1_trary action or fo r acting aga inst publ ic po licy.
gl b) Liabi lity of publ ic and pr1 va1c corporal1 ons - departmental undertakings.
h) Reasoned dccisic>ns.
c) Legislati ve and governmenta l contro l.
i) R1fhl lo counsel.
jl lns11 1u110nal dcci,1L111s. d) Legal remedies. .
k) Admin1Simti1,. npp,·al,. c) Accountability - Committee on Public Undertaking, Estimates Committee, etc.

151 Judicial Co11trol o(Ad111i11istratil'e Action : 191 Jn(o rmal Methods o( Settlemenl o( Disp11tes and Grievance Redress<tf Procedures:
a) E\haustion of adminiSlralivc remedi es. a) Concili ation and mediati on through social action groups.
b) Standmg· standing for Public Interest Litigation (soc ial action litig t' ) II · . b) Use of media, lobbying and public participat ion.
c) Lachc,. a ton co us1on, bias. c) Public inquiries and Commiss ions of inquiry.
d) Res Jud1caia. · d) Ombudsman : Lok Pal, Lok Ayukta.
cl Grounds - e) Vigi lance Commi ssion.
i) Junsdictional error/ultra vires: I) Congressional and Parliamentary Committees.
ii ) Abuse and non-exercise of jurisdi ction :
iii) Error apparent on the face of the record · Recommended Readings:
ii) \ :iola1ion of principles of natural justic;: I. C. K. Allen, "Law & Orders" ( 1985).
1) \ 1olat1on of public policy: 2. D.D. Basu, "Comparative Administrative Law'" ( I998).
1 i) L:nreasonableness: 3. M.A. Fazal, "Judicial Control of Administrati ve Action in India. Pakistan and Bangaladcsh"' (2000)
1 ii) Legitimate expectation. Butter.vorths - Ind ia.
I) Remedies in judicial review: 4. Franks, "Report of the Committee on Adm in istrati ve Tribunals and Inqui ri es" HM SO. 1959.
i) Statutorv appeals: S. Peter Cane, "Administration Introduction to Administrati1e Law'" ( I996) Oxford.
11 ) \1andamus: 6. Wade, "Admini strative Law'" (Seventh Editi on. Indian print 1997). Urn vcrsal Delhi .
iii) Ccniorari: 7. J.C. Garner, "Administrati ve Law" ( 1989), Buttmvorths (ed. B.L. Jones).
h') Prohibition: 8. M.P. Jain, "Cases and Materials on Indian Administrati ve Law'" . Vo l. I and II ( 1996). Uni ve rsal Delhi .
1l Quo-\\'arranto· 9. Jain & Jain, "Principles of Administrative Law'" ( 1997). Uni,ersal. Delhi.
vi) Habeas Corpu;: 10. S.P. Sathe, "Administrative Law"' ( 1998). Buttmvorths - India. Del hi.
vii) Declarator. i· udo d. . 11. D. Smith, "Judicial Rev iew of Administrati ve Action'" ( 1995). Sweet and Maxwell with Supp lement.
viii) S . . ,,ements an tnJunctions· 12. B. Schwarth, "An Introduction to American Administra1i, c La"·· Ind ian Law Institute. Cases and
pec1fic performance and civil suits ror'compensation. Materials on Administrative Law in India'" Vo l. I ( 1996), Delh i.
161 Administrative discretion:
a)Need_for administrati ve discretion.
b) Administrative discretion and l fl
c) Limitations on exercise of d' ru e o aw.
. iscretton·
'.\ Mala fide exercise of discretion·
'.'.) Constitutional imperative and ~se . .
'.11) Irrelevant consideration . of d1scret1onary authority;
1v) N · _s .
on-exercise of discrenonary power.

(7\ Liabilit , or Wron s ( T

a) Tonuous liability. save . ortuous & Contractual .
b) Statutory immuni;y_ reign and non-sovereign fun ction;.

l
c) Act of State.
d) Contractual liability of govern
e) Government privilege. I I ment.
- m ega proceedings - State s
.- =-, --...--.71•J ~:":-- - - ecrets, public interest.
,._
 6. A utlwr - PmC Praka.1·!, K J\ ..,...- Author - Pro . Prakash K. Mokal.
~~ 1o~
7.
~
/l , "Ad . . t .
•
mm1s rativc Law is that branch of ti I . The state had to sec that minimum needs of its' citizens were met, disparities of wealth and
administrative operations of the Go,•crnmcnt'' - Discuss.'c aw wluch controls . . were minimised and social and economi c justice was obtained.
mcomeThe origin of the welfare state lie in the Workmen's Compensation Act, 1897; Old Age Pensions
"Th e primary
. OR Law is
G purpose of the Administrative Pa~\iand
Act. 1908' the has
ament National Insurance Act,
been compelled 1911.
to entrust the power of deciding 'administrati ve' or ' quasi-judicial'
Er~drntment within their bounds, so as to protect the ci:~ze~ese:g~l::st ~~;;;•a·sbof It issues to the various Executives ,? epartments of the _state or to administration administrative tribunal. C.
UCI a c. Use••
K Allen in his "Law and Orders has accepted this view that - .
· "The ' modern conditions' have created a new kind of society with a new kind of state which
"It'is th e concern of the Admi . tr . -OR • cs a new kind of government. Whereas, once the fun ction of the state was limited to the
compelled to perform their d ti~•s 'fative Law to see that the public authorities can l 1 reqlll;enance of administration irreducible minimum of certain essential services- law and order, fin ance
u es I they make default" - Discuss. ' main d defence. The whole conception . of the state has grown so fast .in the d'irect1.on of many c1·1f',erent
~11 ial services", that a new form of government, which inevitably involves a large increase in the powers
·t . OR
Wn e a short note on ·. Func ti' ons of Administrative
- ~o~he Executives, has become imperative. In those changed conditions, the traditional theory of
Law.
~ r\iamentary Sovereignty has become quite inappropriate and unreal, and the delegation of powers, far
a m disturbing the balance of the Constitution, in administration indispensable instrnment which should
Answer:
ro
fibe . d'
encouraged,
Before, rather than restncte
Independence, lndia'. was a police state. British rule was primarily interested in
Introduction :
strengthening its' own dominion over its' colonial state, India. The British rule did not concern itself
In French, there are two types of I '
ordinary courts administer ordinary civil t' \ .
and two sets of Courts. But, both work independently. Th much with the welfare of the people. A conscious effort began to be made to transfonn country into a
citizens). The administrative courts dm' ~w etween sub1ects and sub1ects (i.e. between its citizens
(i.e. Conseil d' Etat deals with th ad . mister_ the law between the subjects (i.e. citizens) and the
w·th Droll. Ad mmistratif,
. ea Ki
was French mm1strat1ve
N matters) · Th e fioun der of Conse1l. d' Eatat which d~a1
s:~ welfare state. The philosophy of the welfare state has been expressly ingrained in the Indian Constitution.
The Constitution aims at establishing a sovereign socialist, secular democratic, republic in India, so as to
1 secure to all its' citizens, inter alia, social, economic and political justice.
The administrative .. ng apo1eon Bonaparte.
. authonues
in d'ftiare not subiect
, . to th e Juns
· · d'ictlon
• of ordinary civil courts In d
course of time,
co tri
it was evolved
un es, such as, France. USA UK, d d'
I erent countries during d.1fti . . .
erent times m different ways : Re~
~ [Bl State as a re ulator of rivate interest- State as a rovider of services - Welfare
· ' an In ia by concept of Dharma, etc. Q
state:
FunctionsTheofprimary
Administrative Law
function of :
Administrative Law is to keep governmental powers with in the limits of
·
"Evo 1ution.
a) FromNature. Scope
a Laiassez . of Admm1strative
fi . and Functions . . Law" : law and to protect private rights and individual interest. The idea of the state as it exists now is that the
b) S 01re to a social welfare state; state is not mere to 'control', but the state is the 'welfare state' . And thus, the state is "protector, provider,
tale as a regulator of pnvate interes~
entrepreneur, regulator ans arbiter". It is quite evident that, nowadays, the scope of activities of the
c) state as provider of services·
d) 0th er fun ctlons
· of the modern ' state . r f I democratic govenment have considerably expanded.
c) Relationship between Constitutional·{:~e; n1dveA(dare_; . . Law The governmental functions have multiplied by leaps and bounds. Today, the slate is merely a
mm1strahve
police state, exercising sovereign functions, but as a progressive democratic state, it seeks to ensure social
security and social welfare for the common man, regulates industrial relations, exercises control over
IA) From a ~aiassez-faire to a social welfare st t . . production, manufacture and distribution of essential commodities, initiates enterprises, tries to achi eve
. . The philosophy of the "Welfare state" e _a e. equality for all and ensures equal pay for equal work. lt works to improve slums, looks after the health
m this period, that the society has become more:: rgef since the beginning of the Twentieth Centu lt .
~,f,:;j~";;,:":•
·
m;, eompt~;cy of
W
c ange m the scope and chara t
mod,m : ;:;,,~:, :,~ •,:' ""'" of., poop!,
f '
;""'"':i .,;I
e government's functio h
and morals of the people, provides education to chi ldren and undertakes all strps that social justice
demands. ln short, the modem state takes care of its citizens from "cradle to the grave'' - Wade an<l

;~:~~::s~r1':i:::~u::epb:;~s:7~e state, h::~e~u~t~~ :~~::::~:i:ion:~te todpos~~ve~~::t ~: Forsyth "Administrative Law (2009) p4.
In this modern world, state is the "protector, provider, entrepreneur, regulator and arbiter". Ruk
The welt b . e government. cons1 erable power in
. are sc emes were mtroduced b th making power (delegated legislation) and an authority to decide (tribunalisati on) are describe as effecti, ,
mcreased, resulting the transition from the Y_ e government. Thus the fu . ad pwerful weapons in the am1oury of administration.
"welfare" or "public-service" conce t f th negative or "Laissez-faire" c~ nct10ns of the state were
in the Soviet Revolution of 1917 ~ -oh elstate. The origin of this 'p blncept of the state to that of the
r . . . w ,c rep aced Tza . u ic-serv1ce stat . The role played by the state in the recent past, has undergone a radical change. The state is 1w
po ,c1es m economics unproductive and h . nst regime (which b r . e action be traced merely a police state, but it has become a progressive democ ratic state. In other words, the S1:uc \1.1
Communist rule in Russia. Under the Tza:~ ful lo its' people i.e. ne a~:eved m the 'Laissez- faire' become a welfare state, because, the state promotes social security and social welfa re or or,lin:m .Ill
regarded as government responsibility. Thus hie,, the management of sf . l e concept of the state) by common man. The functions of the state include regulating industrial relations and st:1rt i11 c'. m.111
Communist system promised to protect it ' ' t e Laissez-faire' doctri c1a and economic life was not
enterprises achieving equality, improv ing slums and taking care of public health and morals " i1h-.ill , 11,
from Laissez- faire to Welfare slate processsbegan
people
in thfromfi povertY, starvation
ne resulted
un in human
l mi sery. Th e
e irst quarter of the T ' _emp oyment etc. Thus, steps which social justice demands.
went1eth century.
 8. Aut/ror Pro f: Prakas/r K. MokgJ,_
9. Aut/ror Prof. Prakas/r K. Mokal.
The state toda ervades eve!)' aspect of human life. It provides transport fac_ilitics, postal services
and also undertakes i~ning of social and economi c life of the commumty with a VICI\' to raise th e lt v1ng The definition of Administrative Law given bv the Indian Institute of Law
standards of the people. Thi; has widened the scope and ambit of Admm 1strati ve Law. . "Adm ini strative Law deals with the structure. powers and functions of organs of administration. the
The Administrative Law ensures that administrative authont1cs_of the st ate use their po,".crs and method and procedures followed by them_ in exercising their powers and functions. the method bv which
discretion for the PlllllOSe for which such powers and discretion are given to them. The Admim st rat1ve they are controUed and _th~. remed ies which arc avai lable to a person aga inst them when hi s rights are
Law aims at preventing abuse or non-use of power by administrative authonttes, and provides proper infr inged by their operatmn .
mechanism guidelines to the government so that the government functions for welfare of th e _people: It
· ' remedies· to the- c1h
.. zens agamst
· tI1e misuse
· The definition s of Administrative Law oiven bv som e emin ent jurists are summarised as under:
also provides or non-use of the powers the adn11mstrattve
authorities. . b Definition bv A. C. Dicev -
As Wade observed _ "all powers have two inherent characteristtcs : I) they are not a solute or According to Dicey "Adm inistrative Law is -
unfettered, and 2) they are likely to be abused. Therefore, administrative law attempts to contrnl _the I) that portion of nation's lega l system which detem1i nes the legal status and liabi lities of the state
powers of the government. and its instrumentalities and agencies._ To aclueve that obJ ecttve, offi cials:
administrative law provides an effective mechanism and adequate protecllon. It helps to strike a balance 2) that which defines the rights and liabi lities of pri vate indi,·iduals in their dealings with the public
between two conflicting forces : i) individual rights, and ii) public interest. offi cials;
3) that which specifies the procedure by which these rights and liabilities are enforced".
!l.:..11.
Define Administrative Law. Discuss its scope and objectives with reference to Definition bv Ivor Jennings -
historical perspective and growth. /Apr.2003; Apr.2004; Apr.2006; Nov.2007; Apr. According to Ivor Jennings, "Administrative Law is the law relatin g to the admi ni stration. It dc1em1ines
2009; Nov.2010; May, 2012; Nov.2012; Nov.2013; Apr.2015; Apr.2016]. the organisation powers and duties of the adm inistrative authorities".
OR The definiti on given by Ivor jenni ngs is generally accepted delin ition. but this definition has the
fo llowing two di fficulties -
Define Administrative Law and explain the sources of Administrative Law
i) It fai ls to distingui sh Administrati ve Law from the Constitutional law:
/Apr.2010/.
ii) It relates to the law which detenu ines the powers and functions of adm inistrative authori ties. as
OR
well as, the substantive aspects of such powers. Certai n leg islations in connecti on with public
"Administrative Law is concerned with operation and control of the powers of the hea lth, services, town and country planning which are the substantive aspec ts of the powers and
administrative authorities with emphasis on function rather than on structure" - fu nctions of the admini strative authorities, are not included withi n the scope of the Adm in istra1i1·e
Elucidate and discuss. /Apr.2001/. Law. It is also important to note that. the definition given by Ivor Jennings does not have any
OR reference to the remedies available to an aggrieved person in the event when his rights are violated
by the adm ini stration. -
Write a short note on :
Sources of Administrative Law [Nov.2008; Nov.2010; Apr.2011]. Definition by Wade -
According to Wade "Admini strative Law is the law relating to the control of the oovemmenta l power" .
Answer: . Wade states that, the primary object of the Administrati ve Law is to keep the governmenta l powers
within their legal limits with a view to protect the cit izens against their abuse. Wade had placed
What is Administrative Law ? considerable emphasis with regard to obj ec ts of Admin istrative Law. However. Wade fa ils to mention the
powers and the duties of administrati ve authorities and the procedure requ ired 10 be foll owed in respe,-1or
DEFINITIONS OF ADMINISTRATIVE LAW: execution of the powers and fun cti ons.
[Wherever, word 'state' occurs in this Book, it means the 'Central Govemment '}. . . . Definition bv K. C. Davis -
The way in which the term "Administrative Law" can be defined 1s facmg many d_,f~culttes. It 1s,
therefore not easy to make a scientific, precise and satisfactory defimt1on of Adm1mstra1tve Law. According to K. C. Dav is, ''Administrati ve Law is the law concemi no the powers and procedures or
However'. many eminent scholars have attempted to define the term "Administrative Law". But, the administrative agencies includi no especia lly the law governin g judicial review of adm inistrati ve :tL'tion".
definitions given by these scholars, lack in demarcating the nature, content and scope of the The definition given by K. C. Davi s seems to be appropria te and proper de linit ion for th,- foli o" i11~
reasons:-
Administrative Law. i)
Apart from such lacking of demarcating the nature, content and scope of the Administrative Law, It deals with the procedure which is fo ll owed by admini strative aut horiti,-s in C\erL"isin~ 1h,·11
powers and functions;
there is also diversity of opinions about the definitions of Administrative Law. According to some ii)
It does not dea l wit h the substantive law prepared by the administrati w :1tt1horiti,-s:
scholars Administrative Law deals with the control of powers of the Government, whereas, according to iii)
other scholars, Administrative Law deals with the rules designed to ensure effective performance of the It defin es administrati ve authori ty as a govern ment al au thorit) independ,-111 ,11' C,,un ,,r
Legislature:
duties assigned to the Administration. ln other words, Admini strative Law may be described as - "those iv)
rules which are recognised by the Courts as law and which regulate the Administration of the It does not include many non-adjudi cati ve, but yet. ad min islratiw r11nc11ons ,, 1·11t,· :1d1n11n, 11.11i.111
Government" .
Definition by Carner
 Aul/IOI' - rn,,. I , un u ... , ... 1111111.!!.!:.
10. II. A11tl,or Prof. Prakasl, K. Moka /.
. as adv!'catcd by K. c. Davis. According to Garner,
Gamer has also adopted the Amencan approac11 • · . arc rcccogni scd by the courts as law and ll is the scope. of the Admin istrati ve Law lo defin e and li mit these powers, to deal with the
Admin istrative Law may be described as "those rn 1cs 11'111 c1'. . · structure and compos1llon of the va ri ous new organizations of the Government, to provide legal contro l of
which relate to and regulate the administration of Government · the organs and thelT powers, and also lo provide remedies ava ilable to a person affected by the
administration. .
Definition bv Jain and Jain .- . . . . . . . , l II' .. 0973). p.l I}. "Administrative Law The main obJeCl of the study of the Administrati ve Law is to find out the way in which these
According to Jain and Ja:n f' P~i~c,~les ,J(.t:;:t~;~;;~'
deals with the structure. po\\ ers an unctions . 0
~ .
:f ;dmini stration, the limits of their powers,
., wers and functions , the methods b
administrative .authont1 es could be kept w1th m thei r limits, so that the discretionary powers may not be
tumed into arbitrary powers. . _
the methods and procedures followed bv them m cxcrctSmg th c1T po - ti Y The nature and . scope of the Admm1strati ve Law is primari ly to deal with the relationship of
- ·• ct· , ·1ablc to a person agamst 1em wI1cn
which their powers are controlled mcludmg the legal remc 1es a, 31' individuals with orgamzed power. In other words, Adm inistrative Law deals with the organizat ional
his rights are infringed by their operation". . . . . ,_ owers and functions of the admini strati ve authorities.
This definition deals with the following aspects of Admm1strat1ve La,, ,-.. p Administrative Law _sets up the_ system .of justice which does not bring the act done by the
i) It deals with the composition and the powers of administrative authonties; _ admin istrative officers fulfilling thw duties, w1thm the jurisdiction of the ordinary Courts. ln other words,
ii) It prescribes the procedures to be fo llowed by the adm1mstrnt1ve.authontte_s: . their acts, powers and duties are brought w1thm the jurisd iction of the other Courts called ·'Administrative
iii) It fixes the limits on the powers and functions of the admm1strat1ve authonlle_s, _ Tribunals" for example - Central Ad ministrati ve Tribunal ·CAT', Maharashtra Administrative Tribunal
iv) It controls the administrati,·e authorities exercising thelT powers and functi ons with the help of , MAT' , Maharashtra Land Revenue Tribunal (MLRT) Industrial Tribunal, Wage Board, etc.
judiciary and such other control. Therefore, it can be sa id that the Administrative Law is related to powers of the administrative
officers, control over them and the Tribunals (Courts) to control the powers of these officers or authorities
THE NATURE. SCOPE A,'\D OBJECT OF THE ADMlNISTRATlVE LAW:- and to provide remedies available to a person affected by the administrative powers of the Government
officers or authorities.
NATURE OF THE ADMI 'ISTRATM LAW: Administrative powers include grant of permi ts, licences, issue di fferent kinds of orders, make the
Administrative Law mainlv deals with - necessary rules relating the same, make the service rules of the officers appointed in this behalf. etc.
i) The Powers ve;ted in administrative authorities: The scope of the Administrative Law is to decide the dispute and settle the above matt~rs throueh
ii) The Requirements imposed by law upon the exercise of such powers; the Tribunals. -
iii) The Remedies a,·ailable against unlawful administrative action.
The Nature and the Scope of the Administrative Law include the followina:-
OBJECT: 1) Various administrative bodies with Administrati ve or Judicial or Quasi-Judic ial powers and fun ctions.
1) Main object of the study of Administrati ve Law is to unravel the way in which those administrative
2) Administrative Tribunals; Various administrative Boards such as - Wage Boards. Advisory Boards,
authorities could be kept within their limits. so that the discretionary powers may not be turned into Board of Revenue; Inquiry Commission, Tariff Commission, etc.:
arbitral power; 3) Law making Administrative Authorities;
2) The object is to provide good administration and to develop public faith in administration, etc. 4) Public Corporations, and Public Undertakings;
5) Offices of the Lokayukt and Up-Lokayukt;
SCOPE:
1) Admini strative Law deals with the power of administrative authorities, the manner in which the 6) Rule-making power of administrative agencies which is commonly called --oeleoated Leaislation"·
powers are exercised and remedies which are available to the aggrieved persons, etc. 7) It includes safeguards against the abuse of administrative power; " " '
2) Administrative law deals with different functi ons and it is concerned with the relation between the 8) It _includes the procedure of administrative bodies and Tribunals along with compliance with the
pnnc1ples of Natural Justice;
state and its citizens. Therefore. it developed the concept of rule of law, welfare state, role of civil
service, advantage of tribunal, act of state and its exemptions, tort and contractual liabilities. 9) It includes the liability of the Government public undertakings. and the Government:
10) _It mcludes remedies in the forn1 of Writ jurisdiction of the High Courts and the Supreme Court
agamst executive excesses or arbitrary action.
Thus, administrative authorities are required to use discretionary powers vested in them within
certain limits and not arbitrarily.
SOURCES OF THE ADMlNlSTRATIVE LAW
Administrative Law is the set of such rules which regulate the relations of the administrative The main sources of Administrati ve Law are -
authorities with the private citizens. These rules determine the status, position and powers of the 1. The Constitutional Law :
administrative officers and also the rights and liabilities of the private citizens who deal with such Constitutional Law and Administrati ve Law are so inter-related that it is dimcult to explain the scope
administrative officers, who are the representatives of the Government. These mies also lay down the and extent of Administrati ve Law wi thout the reference to the scope and extent of the Constitutional
system by which the rights and liabilities of the private citizens can be enforced. Law. Constitutional Law deals with the general principles relating to the organization and powers of
It means, Administrative Law deals with the powers of the administrative authorities, the manner the organs of the state and their relations towards the citi zens, whereas, Administrative Law is that
in which the powers are exercised and the remedies which are available to the aggrieved persons, when aspect of the Constitutional Law, wh ich deals in detai , with the powers and functions of the
those powers are abused by these authorities. administrative authorities, including the civil services. public departments, local authorities and other
Broadly speaking, Administrative Law is the law governing the organization, procedures, powers statutory bod ies exercising public functions and they all having quasi-governmental powers.
and duties of the organizations of the Government, other than the judiciary and the legislature. Constitutional Law is concerned with the constitutional status of min isters and civil servants, the
 12. A uthor - Pl"OC Prakash K. Mt!.!i!!.L_
working o f the various departm ents of the government . and thus. the Constilllti onal Law belong to th
13. I /
sphere of A dministrative Law . Administrative Law is a development in the hi story o f .lurisprudenc~ . . .f . b ; Ill ror - Pro ; Prakash K. Mokal.
Droit Adm1111strat1 1s a ranch of law whicl1 d • .
inasmuch as, Administrative Law springs as administrative off-shoot or species from th genus i.c' 1 th
agencies and officials under it. ea s wi th e owers and duties of various administrative
Con stitutional Law , which first established the accountability of the state to the people. Th .
Administrative Law today. fonns a separate branch of \aw, and therefore. a fit subject for separai:
study.
\) "Droit Administratir' and "Counseil d' Etat":
Ri ghts and obligations of the persons are detem1ined b y the provisions of the statutory enactments Droit Admi11istrnti[:
If no rem edy is provided b y the statutory enactment or where the action taken by the administrativ~ The French legal system has dual system f1 ,
a" and dual syS tem of adjudication viz. "Droil
0
authority is considered as " fin al and binding", an aggrieved person may invoke Articles, 226 , 227 , 32 Civile" and " Droit Ac/111i11istratif'.
and 136 of the Constitution of lndia for redressa\ of his grievances (refer Question No. 20 and 2 \ ).
Administrative Law is thus. based on the well -known legal maxim " ubi jus ibi remedium" (i.e.
w h erever there is a ri ght , there is a remedy)
" Droit Civile" relates to civil law or munici al I
" Droi( ac/111inistratif' relates to administrative law or r nd
• • . .
t~w a It IS _admmiStercd by the civil courts.
rd
and it is administered by different set of couns' Droit ':~ er_wo ; ' it is_ equivalent to administrative \aw
2. Statutes/ Acts : 111 st
relief and better protecti on to the people agains; administ '.°' ratt prdovides expeditious and inexpensive
In orde r to have proper rules and regulations to safeguard the interests of the employer and the ' . ra1tve acts an omissions.
employees, certain legislative Acts and Enactm ents, such as Industrial Disputes Act - Industrial . Sin~e, t1:,ere was no fo rum which would redress the grievances of ti • .. . .
Tribunal ; Maharashtra C ivil Services Rules - Maharashtra Administrative Tribunal; Maharashtra admi111strat1on, Dro11 Ac/111 1mstrari f" is also instrumental in giving b. h ,cFc,ttzens agamst the
tribunals. irt11 lo t e rcnch admm1strat1vc
Land Revenue Code . 1966 - Maharashtra Revenue Tribunal; Election Tribunal; etc. were brought in
operation . These Acts and E nactm ents lay down rules and principles and procedures to be followed by
. W_ith a view to keep the administration under control, the system of clroit ad,ninistraiif was ut
the concerned administrative authorities or agencies . 111to practice by Napoleo11 Bonaparte 111 the \ 81h Century. P
3. Delegated Legislation : (Question No. \ 0 , given in this book).
4. Doctrines, Rules and Regulations : : C ivil Services Rules, etc. (also refer Question No. 9 - short notes, . The syst~m of droir adminisrrariJI in France has resulted in non-interefcrcncc by the courts in
Question No. 23 given in this book). work111g of adm1111strat1ve authon\1es. France has developed a system of administrative tribunals distinct
5. O rdina nces : (given in this book). from the ord111ary courts which have no jurisdiction on the administration. A person seeking any redress
6. Judi cial D ecisions (given in this book). . . . aga111st the admm1stration has to go to an administrative administrative tribunals.
7. Administrative \aw is based on certain principles of justice, equity and good conscience. Thus, it 1s not All tribunals are under the supervision of Co 11seil d · £tar which acts as the court of appeal from all
administrative tribunals.
a codified law and not available in the form of legislative enactments like Indian Penal Code, Indian
Contract Act, 'e tc . Administrative \aw is essentially unwritten, uncodified or "judge-made" law . It is ln French legal system of droi1 ad111i11isrrarijJ; there are two types of laws and two sets of courts,
mainly developed through various judicial decisions o f the superior courts or tnbuna\s. In a wc\far: independent of each other. The ordinary courts administer the ordinary civ il law as between subjects and
sta te administrative authorities are called upon to perfonn not only executive acts, but also quas,- subjects, whereas, ordinary courts administer ordinary the law between the subjects and the state. An
\egis'i ative and quasi-judicial acts or functions. They decided _the ri gts of,;he parties and eventually administrative authority or official is not subject to the jurisdiction of the ordinary civil courts exercising
became the " fourth branch' ' of the government , a "government m mm1ature • . . . powers under the civil law in disputes between the private individuals. All claims and disputes in which
8. Committee Reports : Central V igilance C ommission, Public lnquiries and Commissions of Inquiry - these authorities or officials are parties fa\\ outs ide the scope of the jurisdiction of ordinary courts as they
Question No. 26; Scrutiny Committee - Question No. 28 ; Franks Committee R eports - QueSlion No. must be dealt with and decide by the spec ial tribunals. Though the system of droir ad111i11is1ra1ive is very
old, it was regularly put into practice by Napoleon in the 18th Century.
29 (given in this book).
9. Principles of Natural Justice : . d r Principle of Droit Administratif:
AdministTative Law is a branch of \aw which is uncodified. \n absence of specific enactme_n ts ea mgf 1) Acts suo molo and impose duty on the subj ect (i.e. citizen) to obey.
with a a rticular situation , certain fundamental rules, basic principles_and m1mmum reqmrements \ 2) Decision by suo motu, but within the limit of liabiliti es, etc.
law ar/well established . These rules or principles are based on the pnnc_ip\es of Natural Jus\lce_, su~is
• · l f J·usti cc equity and good conscience. (Refer Quesuon No. \ 7 , \ 9 given 111 t Salient Features of Droit Administratif :
as t h e pnncip es o , I) The French adm inistrati ve tribunals which came into ex istence under the sys1em . of ··Droi1
book) Administratif' are different from the tribunals which have come into ex istence in En~land and 111 comm 0 n
wealth countries .
o 3 . £xn\ain critically the concept of Droit Administratif [Apr.2001]. 2) The French administrative tribunals which have come into existence under Droit Admint:-.t:at i!" .m.' '"'
1
~ r OR subject to supervisory control or Writ jurisdiction of the courts, as there is no dielin1omy ,,t publt,· 1.m
litigation and pri vate law liti gation in France.
Wri~e a to.rt_ note_~~~ 2004· Apr 2006· Apr.2008; Apr.2009; Nov.2011; Nov.2012 /. 3) The administrati ve tribunals which have com!.! inlo cx isll.! nc~ uiKkr Omit AdinHu, tr.it1f. .u ..· lh'I
Dro1t A. m1mstratl pr. , · ,
concerned with the private dispu1cs.
Answer:
Meaning of Droit Administratif:

\
4) The administrative tribunals in France are
government. they have independent existence.

C011seil-d '-Etat: .
14.
Ar,thor Pro[: Prakash K. Mok

independent. :ind arc not considered as part or the

I C ·eil d'Etat. The Co11seil d 'Etat (the highe

---f!1:
"'"

-- 2
15. Author Pro f. Pmk11sl, K. Mok11/.

1) that portion of nati on's legal sys1cm whi ch determines the legal status and liabilities or the state
offi cia ls;
) that which defines the rights and liabi lities of private indi viduals in their dea lings with the public
offi cial s;
TI1e French Constitution of 179 9 cSlabhshcd 1 IC ~11.1 art of the admini stration, in practice it IV SI }) that whi ch spec ifies the procedure by which these rights and liabi lities arc enforced".
administrative court in France). technically speakmg. was 1 ic P as
very much like a court. . . .. Definition by Ivor Jennings.~ . . . .
. ecial tribunals to deal with the hab1hty of lh According to Ivor Jenmngs, Adm m1strat1vc Law 1s _t he law relating to the administration. It determines
Dicey"s criticism was that. the ex1stence of sue1I sp D. the Rule of Law means "no e the organi sation powers and duties_ of the adm m1 strat1ve authont1es". . . _ ..
rd111 The definiti on given by Ivor Jenmngs 1s genera ll y accepted defim t1 on, but th is defi mt1 on has the
public officials was repugnant to the Ruic of Law. Acco

the ordinary Ieeal manner before the ordinary courts of Ile an ·

it
g to '.~?;fora breach of law establishe~an
is punishable or can be lawfully made to_suffer m body ~r gi°°~~, e~ true that during the early years t~n
d ti . ' c
following two difficulti es - .
i)
. . . . . .
It fail s to d1 st111gu1 sh Adm1111 strat1 v_e Law from the Const1tut1onal law:
Co11seil d'Etat-was in a laree measure. a servile instnunent of the Emperor, an Iienc_e, ieie was sorne ii) ft relates to the law whi ch detenrnnes the powers and functions of administrati ve authorities.
· , D. • · · · ~B t ft I 872 when the Conseil became adn11111strat1011 mdependent coun as well as, the substanti ve aspects of such powers. Certain legislations in connec ti on with
basis ,or 1cey s cnt1c1sm. u. a er · . d'E I th 3 t 1·1 '
his criticism was no longer valid. The actual working of the Co11seil .tat s iows ' gave no less public health, services, town and country planning which are the substantive aspects of the
th th 0rd
protection to the citizens against the arbitrary actions of the admm1stralion_ an e mary courts in powers and functions of the admi nistrati ve authorities, are not included wi thin the scope of the
England did. The French !coal system was able to provide exped111ous and mexpenSive rehef and better Administrative Law. It is also important to note that, the definition given by Ivor Jennings
. . . ·" · · · · · than the common-law. . system. Dicey does not have any reference to the remedies available to an aggrieved person in the event when
protection to citizens aeamst admm1strat1ve acts or omissions · .
unfortunately misunders(oof the French legal system and fonned an opinion that admmiSlrali ve courts in bis rights are violated by the administration.
France extended government officials special rights, privileges and prerogatives agamSt pnvate citizens
and it had resulted in miscarriage of justice. The real position, however, 1s already_ different. In France, Definition by Wade -
administration was under the control of "real Judges", who were impartial and obJeclive m true sense. According to Wade "Administrative Law is the law relating to the control of the oovemmental power".
Actual study of droir administrative has proved that no single institution has done so much for the Wade states that, the primary object of the Admi nistrati ve Law is to keep the govern mental powers
protection of private citizens against the excesses of admin istration as has been d~ne by Cnos~il d' Er~t within their legal limits with a view to protect the citizens against their abuse. Wade had placed
which was considered to be a model for other countries - Wade and Forsyth, Admm1strat1ve Law : considerable emphasis wi th regard to obj ects of Administrative Law. However, Wade fail s to men tion the
powers and the duties of admini strative authorities and the procedure required to be fo ll owed in respect of
(2009); Brown anfBell , ''French Administrative Law" (1967).
execution of the powers and functions.
The administrative tribunals in France, are under the control and supervision of Consei/-d'-Etat.
The Consei/-d '-Erat is known as conseil on tribunal. The members of Consei/-d'-Etat are not only the Definition by K. C. Davis -
judges, but the members of Conseil-d'-Etat are fully trained in the expertise of administration. The According to K. C. Davis, "Adm inistrative Law is the law concerning the powers and procedures of
Conseil-d '-Etar is given a general respect which is comparable with the respect shown to the High Court administrative agencies including especially the law governino judicial review of admi ni strati ve action".
The definition given by K. C. Davis seems to be appropriate and proper defi nition for the fo llow ing
or Bench in England.
reasons
i) It deals with the procedure which is fo llowed by adm inistrati ve authorities in exercising their
~ Define Administrative Law ? Explain the reasons for the growth of the powers and functions;
Administrative Law. [Apr.2013; Nov.2015/. ii) It does not deal with the substanti ve law prepared by the admi ni strati ve authorities;
iii) It defines administrative authority as a governmental auth ority independent of Court or
Answer: Legislanire;
The way in which the term "Administrative Law" can be defined is facing many difficulties. It is, iv) It does not include many non-acljuclica1ive. but yet, admini strative ftin cti ons or 1hc
therefore, not easy to make a precise and satisfactory defin ition of Administrative Law. However, many administration.
eminent scholars have attempted to define the term "Administrative Law". But, the definitions given by
these scholars, lack in demarcating the nature, content and scope of the Administrative Law. Definition by Garner
Apart from such lacking of demarcating the nature, content and scope of the Administrative Law, Gamer_has also adopted the American approach as advocated by K. C. Dav is. According to Garner.
there is also _di_versity of opinions about the defmitions of Administrative Law. According to some Adm ,mstrativc Law may be described as "those rules which are rcccogn iscd by the courls as law and
scholars Admimstrative Law deals with the control of powers of the Government whereas according to winch relate to and regul ate the admi nistration of Government".
other scholars, Administrati_ve Law deals with the rules designed to ensure effec;ive perfo~ance of the
duties assigned to the Adm1mstration. ln other words, Admmistrative Law may be described as _ "those Definition bv Jain and Jain
rules which are recogmsed by the courts as law and which regulate the Administration of the According to Jain and Jain ['-Principles ofAdministrarive Law··. ( / 973). p. I If. "i\d111 inis1ra1i1 ,. I :111
Government". · deals with the structure, powers and func tions of the organs of' administrali on, the limits or their p,111 as ,
Definition by A. C. Dicey - th e methods and procedures fo llowed by them in exercisin g 1hcir powers and runclions, 1hc nw1l11,d s h)
According to Dicey "Administrative Law is -
 ---- the legal ,c.,, ...
--- --lied including 17. A11tl,or ProC Prakash K. Mokal.
or' contro ·· uve Law -
wluch their po11ers , ' he1ropera11on cts of Adn11n1s1ra '
t are mfnn~cd by t tl followme aspe of adm1n1strauve authont1 es Legislative process has proved to be inadequate, because, legislative process lacks in technique
Q._ l11s ngh s ·d , with 1c ·d ti 1e powers ' I ' and time 10 deal with all the_ deta_1ls. All the lechmca\ experts are not with legislation, but all the technical
This dcfiniuon ea1· osiuon an d by the admm1strat1 ve aut 1onttes
adr 111 th the con1P fo\loWC ' experts are with the adm 1mstrat1ve organs. Legislator can be a best politician, but cannot be an expert
i) It deals cedurcs 10 be ns of the adn11111strat1ve authorities
b •s the pro nd funcl!O d c. , technical brain. lt is therefore, necessary and mandatory to create a new and co-ordinating branch of law
11) It prcscn ' n the powers a rc1s1no their powers an , ,mctton
"Tl It fixes the hm1ts o c authonl!eS exe " s \Vi1h lh with a view to use the rnlent and skill of the technical person. Therefore, it was necessary to delegate
\II ) I I adrn1nistrall 1 Ch., some powers to the adm1mstrat1ve a~thon11_es. This has also become as one of the important reasons for
Go iv) It contro s t ie ' I ther control 'l
1ud1c1ary and sue , o the growth and development of Admm1strat1ve Law.
Elu ment of Administrative Law :
id orowth and devc1o 6) Inadequacy of Judicial system -. . .
" It Reasons for the ra The judicial system function mg m the ordmary courts is inadequate to adjudicate certain kinds of
cor Chan•e in the role of the state - . h cent past, has undergone a radical change. Tl disputes. Courts are also overburdened with so many litigations pending before them. Therefore, the
I) h state 1n I e re · I I le st
The role played by t e progressive democratic state. n ot 1er words I a1e i11 judicial system of ordinary courts,_ very often results in delay and expense. lt also lacks the expert
· has become a . • d •I , t 1e ,, knowledge which is necessary to adjudicate some of the modem disputes. Due to grow ing liti gation in the
Wt merely a police state. bu1 I1 romotes social secunty an socta welfare of 5•~1
b -~~ p n . ~ courts, it was not possible to expect speedy disposal _of even very important matters, such as the disputes
become a welfare state. ec ·. f •ntaining "law and order and doctnne of "la· naii 1
f ,e policy o mai 1ssei r . between the employers and employees, lockouts, stnkes, etc. Therefore, Industrial Tribunals and Labour
common man. Tie I nega 11 d I positive policy and as a welfare state has undenak •a1~•
1 Courts were established. The problems and complaints of the government employees cannot be solved
changing. The state has. now a<lopf\ ,estate include regulating industrial relations and en ~
10
, ·e functions The functions O ie . f bl" 1 I I staning and remedies sought by them cannot be adequatel y or timely given provided by the ordinary courts which
, an . I : . equa11·t)' improvin• slums and takmg care o pu IC iea I l and morals ,v·11h ~ may lack in their expertiesment related to the problems faced by these employees. Hence, State
enterpnses . . - . d ·ands This~ has widened
. ac uevmg . the scope and amb.11 of Ad1111mstrative
· · L ~II Administrative Tribunals came to be set in every State to deal with such cases. These burning problems
ord steps which soc1a1JUSl!ce em · . ,. aw.
citi , of the Government has changed m almost every_ count!) 111 recent period T could not be solved by literally interpreting the provisions of some statute, but required consideration of
Th us. t"I ro1e . . .
1e_6rom external . ~,
(i .e expectations from the Government i~ not_only to protect its pcop_ aggression and in~ various other factors. Such Tribunals were possessed with the techniques and expertise to handle these
wit disturbances. but also to take care of 11s c1t1zens all through their hfe. and see their wcll-bcmg. complex problems.
In view of these facts , it has become necessary to evolve new machinery to adjudicate the disputes
COi 2) Fkxibilitv - of the people, and for such new machinery, new law, that is the Administrative Law became essential.
COi . The. next important reason for the rapid _growth of Admini strati ve Law. is the flexi
Adm1111strat1ve Prncess 1s fl exible than the Leg1slat10n: because, a rul e whi ch made by the administ~ 7) Fast and functional approach -
Another important reason for the growth and development of Administrative Law is that, adm inistrative
"! process can be tned for some tune, and 1f such rule 1s found defecuvc_, then it can be easily aher~
authorities are not required to decide the cases with formality and technicality. In other words, the
modified w11hm a shon p_cnod, whe'.eas, Ill the case of Leg1slat1on, 11 1s not possible, because, the ,
administrative a~thoriti_es can avoid t_hc technicalities and formal ities, but it is not the case with judiciary,
mad_e under the. Leg1slat1on 1s contlllued untd commencement of next sc,sion of Lcgislaiure. 11
b~cause, the Jud1cmry 1s ng1d, techmcal and conservative, and therefore, the judiciary is required to deal
Leg1s\at1on 1s ng1d m character, while the admm1strat1ve process 1s flex ible.
with each case with formality and technicality. As a result, the court is bound by the rule of evidence and
3) Scope for experiment procedure _in deciding each case, however, it is not obligatory upon Adminislrativc Tribunal to go by 1he
. One of the_ important reasons for the rapid growth of Administrative Law is the SCOJl( I rule of_ev1dence a~d procedure _in deciding the problem, and therefore. a practical view can be taken by
cxpemnent.
k .There is a scope for expenmen . Im . d . .
a mm1strat1ve . process and admmi . strative aulhoritiM Admm1strallve Tnbunal to _decide even a complex problem. Thus, the speedy disposal of the cases is
1a e prevenuve measures Such preve f11' possible by the Admm1stralive Tribunals.
a •ct· . · n e measures can be adopted by the administrative authoriti~
in voi mg representation of the aggriev d · . . .
e.g. licensing rate-fixin U .k e parties. Admmtstralive authorities can take preventive mea111
b) ' g, eIc. n11·e regular co rt Of I h d . . ~ State the Difference between English Administrative Law and Indian
before them with disputes I u s aw, l ey o not have to wait for panies 101
preventive acuons may prove to be more effec11ve1 Administrative Law [Nov.2006; Apr.2007,· Apr.2009; Nov.201 //.
m · n many cases these · · ·
useful than punishing a perso fit h '
fro · of meat answers the cons n a er e ,11as comm1tted a breac h o f law. As Freeman says, "lnspect1on · 1
grad mg Answer:
th
consumer is injured" Thus ad .umer s nee more adequately than does a right to sue the seller aftrrl
, . · , mm1strat1ve auth · · fl There is difference between English and Indian Adm ini strati ve Law.
a,oresa1d preventive measures . onttcs ca ntake effective steps fo r the enforcement 0
in · . , e.g. suspension · · English Administrative Law :
''I contammated articles etc whi.ch ' rcvocal!on and cancellation of licences destrucU(II' English Parliament is supreme and sovereign . All court activities should be consistenI with Parliamentary
' ·, are not generall a .1 '
in 4) Modern .- y vai able through regular courts of law. Acts. Parliament can do everything, "'but make a woman a man and a man a woman". The !all' enacted by
1e is1atures arc o,•erburd .
p, th e Bnlish Parliament is the highest fo nn of law and prevails over every other fonn of law - Cheney vis.
Modern legislatures are . ened with work-
C for detailed I h. heavily overburdened , h Nii Conn (Inspector of Texas), 1968. Any administrative action can be challenged in England. only if ii is
. ru es, w ich are necessary lo \\ tt work. Therefore the)' are not able to P ultra vircs the statute under which it was taken .
r( society This I . . rcgu1ate tl ' ~
C suitabl · ias ~ecessnated to delegate leg· . ie complex socio-economic relations of the !fl
fl
S) Legislative process 1-5 . d
ma equate
1
c or appropri ate rules in certain matters. is alive powers to the administrative authorities 10 Indian Administrative Law :
j
r L .
 JS. Author - rro. rra1ws11 K. MokQ(
19. Author ProC Prakash K. Maka/.
. , . Constitution and the power of judicial rev iew is confc~
11
3
. on the other hand. as there 1s "ntte the Hi gh Courts. the same can be challenged as ultra Vi~ In India, the acti vities and powers of the Government and admini strati ve authorities have
In lnd1a, ·1 t·on on the Supreme Court and . ~•ill hwc to be tested on four anvil s - I. the ac1·e1 considerably increased whi ch created a need fo r the enforcement of the rule of law and judicial review
by the Const, u 1 · · tratiYc action ' ' · I 1~
. . also In India admims ' d regulations· 2. the rules and regu1at1ons s iould k . these powers to ensure the enJ oyment of liberty guaranteed to the citizen by the Constitution, and
the Const1tuuon · d , with rules an ' · I · d "<! 1
1 ~ve;efore, the extra-ordinary remedies arc prov ided under Articles 32, 226 of the Constitution against the
been taken in accor ancc Act· 3 The action. mies an regu ations an the Par
must I,ave pare111
13_1ute · i·e· the v· · · . . ·r • • .1 e~ 1
ie - of fundamental nghts. The orders passed by the administrative authorities can be reversed
dance with tlie relevant s isions of the Conslltut1on; and 4. 1 11 1s a constit nion VIO 1a11 011 . . . .. '
accor with t11e pro · • ·I I b · ~ rescinded or set aside 1f such orders are not bona-flde or 1f such orders are 11/tra-vires the prov1s1ons of the
Act must be in consonance C t·tution should also be in confonmty wt! 1 t 1e as1c stntcture
d ent of the ans I f . d. . I . ~
amendment. such an1en 111 . htl , observed by Pathak C.J . - "The power o JU 1cm review by th Constituti on.
1
the Constitution. As 11 has_ beenTnl g ) •er extends to examine the validity of even an amendment to th
. ch wider. ie po" . d 1. 1 . t
Supreme Court is mu di Id that no constitutional amendment can be sustame w 11c 1 v1o;ates 11 ' ~ Qefine Administrative Law and state the relationship between Constitutional
· h been repeate YIie . . • · d 11 '1
for now 11 as f the Constitution". ConstitutionIndian Constltut1on 1s supreme, an a Ruic\ Law and Administrative Law.
O
basic stnJcture , N t"fications and Procedure of the Government must be consistent with 1~ OR
Re!!Ulat1ons, By-La" s. 0 1
Co~stitutional pro,isions. Define Administrative Law. Discuss its nature and scope. How the Administrative
Historical gro,.1h of Administrative Law in India:- . . . . . .
Law is different from Constitutional Law? [Dec.2014].
, h Christ there was well organised and centraltsed adm1mstrat1on m lndta. The Chandra
Even be,orc I e ' · · · d · th . d f Cl d
Gu t Mourya's dynasty had centralised system of admmtstration , an pnor _10_ e peno o 1an ra Gu~ Answer:
p h le of · Dharma' was observed by the Kings and admm1strators which proves that
Mourya. I e ru · · ' ' b d" d The definition of Administrative Law given by the Indian Institute of Law
Administrative Law was in existence in India in such ancient tunes. Dharma _em o te the basic
"Administrative Law deals with the structure powers and functions of organs of administration, the
principles of Natural Justice and fair play _an_d it was fo llowed by the Kmgs and its_ offi cers: becau~,
method and procedures followed by them in exercising their powers and functions, the method by which
dministration was based only on those pnnc1ples approved and accepted and recogmsed by Dhanna'.
they are controlled and the remedies which are available to a person against them when his rights are
~owever, the concept of' Dharma' was much more wider than the concept of 'Rule of Law', ye_t theie
infringed by their operation".
was no Administrative Law in existence in the sense as we understand today. (For understandmg tl,i
concept of 'Dhorma ', read introd11cto1y Chapter.from Family Law - Paper If" by the author). The definitions of Administrative Law given bv some eminent jurists are su mmarised as under :
During the British Rule, the British Government passed many Acts, Legislations and Enactmen~ Definition by A. C. Dicey -
for the purpose of regulating public health, safety, morality, labour, transport, etc. Due to passmg such According to Dicey "Administrative Law is -
various enactments. the power of the British Government had increased. Under the State Carnage Act, 1) that portion of nation' s legal system which determines the legal status and liab ilities of the state
I 861, the practice of granting administrative licence came into existence._Under Bombay Port Trnst AC\ officials; ·
1879 the first Corporation was established. Under Northern· India Canal and Drainage Act, 1873 th, 2) that which defines the rights and liabilities of private individuals in their dealings with the public
dele~ated legislation was accepted. Some legislations have also provided for holding of pennits ano officials;
licences and also for the preventions and settlements of industrial disputes by the admm1strat1H 3) that which specifies the procedure by which these rights and liabilities are enforced".
authorities and Tribunals. The executive or administrative powers were considerably increased during tit
Definition by Ivor Jennings
period of Second World War. Ample powers were conferred under the Defence of India Act, I 939.
According to Ivor Jennings, "Administrative Law is the law relating to the administration. It
After the independence, the powers and activities of the Government increased the concept ol determines the organisation powers and duties of the administrative authorities".
Welfare State by securing social, economic and political justice. ln order to implement the objet\ According to Ivor Je1111i11gs , the subject matter of administrative law is public adm inistration and
mentioned in the Constitution of India, the State was given considerable power to ensure implementatio~ it determines the organisation, functions, powers and duties of ' administrative' authorities.
The Supreme Court also started recognising administrative power of the administrative authorities. In thn
Definition by Wade
sense, the Supreme Court under the provisions of Banking Companies Act, I 949, observed that, ti-I
According to Wade "Administrative Law is the law relating to the control of the governmental power".
Reserve Bank was the sole judge to decide the affairs of the banking companies where such affairs weri
being conducted in the interest of the depositor. Wade states that, the primary object of the Administrative Law is to keep the governmental powers
within their legal limits with a view to protect the citizens against their abuse. Wade had placed
considerable emphasis with regard to objects of Adm inistrative Law. However. Wade fa ils to mention the
State o(A. P. vis. C. V. Rao powers and the duties of administrative authorities and the procedure req uired to be followed in respect or
In this case, it was observed by the Supreme Court that, if the Administrative Tribunal had pass~ execution of the powers and functions.
an order on the ground of some evidence on record, the said order cannot be challenged on the ground thi
Definition by K. C. Davis
the evidence on which the Administrative Tribunal passed the order, was not sufficient or was n~
adequate. Because'. the adequacy or sufficiency of evidence is within the exclusive power and jurisdictioi
According to K. C. Davis, "Admini strative Law is the law concerning the powers an<l procedure, ,,t'
of the Admm1strat1ve Tribunal. administrative agencies including especially the law governing judicial rev iew ol'adm inistrati w ac 1in11··.
 reasons :-
.. . en by K C Davis seems to be appropna ,
The defim1t1on gtv · ·
. .
20.

.. . ..
Author - Pro. Prakash K. Mok,,i.

· te and proper defi nition for the fo ll o1Vir1

d b , administrative authorities m exerc1s111g thci

g - 21. Author - Pro f: Prakash K. Mokal.

. v without the reference to the scope and_ extent of the constitutional law. Constitutional law _dea ls with
la\ . ,11 principl es relat 111g to the orgamsal1on and powers of the organs of the state and their relations
th~v:;~~e:lic citi zens, whereas, adm inistrati ve law _is that aspect of_the _constiMional law, whi_ch dea ls in
i) It deals with the procedure which IS followe ) t to . with the powers and functions of the admm1 strat1 ve authon lles, mcludmg the civil services, public
1
powers and fimctions; . law repared by the administrative authorities; detairt ents, local authorities and other statutory bodies exercising publi c functions and they all having
ii) It does not deal with the substanlwe p ernmental authority independent of Coun 0 depa_ :vemmcntal powers. Constitutional law is concerned with the constitutional status of ministers
iii) It defines administrative autl1onty as a gov t qudasi:gil servants, the wo rking of the various departments of the government, and thus, the constitutional
an c1v f d . . . I
Legislatlrre; . _ d·udicative. but yet, administrative functions of the b long to the sphere o a m1111 strat1 ve aw.
iv) It does not mclude many non a ~ law e Adm inistrati ve law is a development in the history of Juri sprudence, inasm uch as, admin istrati ve
administration. rings as ad mini strati ve off-shoot or species from th genus i.e. constitutional law , whi ch first
1
:s:b~fshed the accountability of the _state to the people. The ad ministrative law today, forms a separate
b . h of law, and therefore, a fit subJect for separate study.
Definition bv Ga:;:rt~ the American approach as advocated by K. C.. Davis. According to Garner, ranc India has a written Constitution. While constitutional law deals with the general principles relating
Garner has also P d .b d as "those rules which are reccogmsed by the courts as law and
Administrative Law may be escn. e_ . ,, to the organization and power of the legi_slature, executi ve and j_udiciary and their functions inter se and
which relate to and regulate the adnurnstratlon of Government . rds the citizens, adm1mstrat1 ve law 1s that part of conslltut1onal law which deal s 111 detail with the
t::;s ans fuctions of the administrnti ve authoriti e includ ing civil services, public departments, local
Definition bv Jain and Jain - . . . ., " d · · · p thorities and other statutory bodies. Thus, while const1tut1onal law 1s concerned with const1tut1onal
. t Jai·n and Jain ["Principles of Adm1111strat1ve Law , (/973), p.Jl}, A m1111strat1ve Law :~tus of Ministers and civi l servants, administrati ve law is concerned with the organization of the services
Accordmg o . . . h r ·1 f th .
deals with the strucrure. powers and fimctions of the organs of admm1strat10n, t e 1m1 s o e1r powers, and the proper working of vanous departments of the government.
the methods and procedures followed by them in exercising _their powers and functi ons, the methods by Rights and obligations of the persons are determined by the provisions of the statutory enactments.
which their powers are controlled including the legal remedies ava1Jable to a person against them when If 00 remedy is provided by the statutory enactment or where the action taken by the adm inistrative
his rights are infringed by their operation". . . . authority is considered as "final and binding", an aggrieved person may in voke Artic les, 226,227, 32 and
This definition deals with the following aspects of Adm1mstrat1ve Law 136 of the Constitution of Indi a for redressal of hi s grievances (refe r Question No. 20 and 21).
i) It deals with the composition and the powers of administrative authorities; Administrative law is thus, based on the well-known legal max im "ubi jus ibi remedium" (i.e. wherever
ii) Jt prescribes the procedures to be followed by the adm1mstrat1ve_ authontte_s; there is a right, there is a remedy).
iii) It fi xes the limits OD the powers and fimctions of the admirustrat1ve authont1es; .
iv) It controls the administrative authorities exercising their powers and functions with the help of The important point to be noted in this context is that, in the Anglo - America n world ,
judiciary and such other control. administrative law is a later development in the hi story of Jurisprudence, inasmuch as, adm inistrati ve Law
springs as administration offshoot or species from the genus i.e. constitutional law, which first establi shed
[Cl Relationship between Constitutional Law & Administrative Law : the accountability of the state to the people. The admini strative law to-day, forms a separate branch of
The sources of costitutional law and administrative law are the same and they are so inter-related law, and therefore, a fit subj ect for separate study.
that it is difficult to explain the scope and extent of administrative law without the reference to the scope
and extent of the aconstitutional law. Constitutional law does not differ from administrative law !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!'""""""'"""'"'""'
inasmuchas, both are concerned with the function s of the government and both are the part of public law
in the modem state. Strict demarcation, therefore, is not possible, yet there is a distinction between the
two. ~ "The main aim and object of Separation of Powers is to guard against th e
According to Maitland, while constitutional law deals with structure and the broadeer rules which tyrannical and arbitrary power of the state" - Critically examine the statement under
regulate the fimctions, are left to administrati ve law. the Indian administrative system.
According to Hood Phillips, constitutional law is concerned with the organsation and functions of
government at rest, whilstadministrative law is concerned with that organization and those functions in
OR
motion".
According to Holland, constitutional law merely deals with strocture while administrative law
Examine critically - "The Indian Constitution has not indeed recognised the doctrine
deals wi\h \he functions of the organs of government. This view expressed by Holland, cannot be of Separation of Powers in its absolute rigidity".
accepted. OR
Examine the extent to which the doctrine---;;-i' Separation of Powers is incorporated in
Keirlt observed that, _ th e Constitution of India.
"lt is logically impossible to distinguish administrative law from constitutional law and all
attempts to do so are artificial". OR
English text-book writers · l h Id h h · · · d Elaborate the Theory of separation of power as propounded by Montesquieu.
administrative law is one unammous y up e _t at, t e d1stmcllon between constitutional law an
dmi"' ' ative la . of degree and convemence, rather than of pnnc1ple. constitutional law and /Apr.2001; Apr.2003; Nov.2015/.
a · w are so mter-related that it is di fficult to explain the scope and extent of administrativ1
r Write short notes on :
- -
1
23. Author Pro f. Prakash K. Mokal.

·c ,,nd simil arl y, th e Legislature should not exercise the powers of the Judiciary and the
Lcg1s atlll , '
a) Doctrine of Separation of Powers [Apr.2001; Apr.2002; Oct.2002; Executi
· ve;rg·,n of the Government should exercise . the functi.ons and powers ass1.gned to sueh orga.n of
Apr.2005; Nov.2009; Apr.2010; Nov.2010; No11.20ll; May,2012; J) tll'lt one O '
' Government. In ot her words, any one orga n of the Governmen t should not _exercise·
Ihe fu n~llons
·
th e wers of the other organs of the Gove rnment. According to th is class1ficat1on , the Mm1ster
Apr.2014; Apr.2016/.
all d Pd ot di scharge the Legislat ive powers or the Execu ti ve shou ld not discharge the fun cti ons of the
0
b) Meaning and importance of separation of powers {No,'.2006/. shoU1 11
Judiciary.
Answer: ration of Powers uards a ain st t rannical and arbitrary. owers :- .
Se a The system of Separation of Powers works as most important system aga mst tyranny and
Meaning of the doctrine of Separation of Powers :- . • nism The doctrine of Separation of Powers prevents an abuse of enormous powers of the
There are three main cateeories of the functions carried out by the Government. These functi ons authoritana .
~ are ~xecutive with the help of chec ks and balances.
classifi ed as -
i) the Legislative; The object of the doctrine of Separation of Powers is to_ ensure a Government of law, rather than a
ii) the Executive; and overnment of official will and wlrnn. The doctrine of Separa11on ot Powers also 1mphes_ that. consequent
iii) the Judicial. G · d"vision of powers of the Government among autonomous organs, one organ will act as a check
1,e I
upon tthe
upon other organ of t_he Government. In the process of sueh chec k by one organ on the ot I1er, t11e
Accordingly, there are three main organs of the Government, such as - i) the Legis lature; ii) th liberty of the individual wi ll be protected and ens~red.
Executive; and iii) the Judiciary. e
According to Blacksto11e, if the legislati ve, executive and judicial powers and functions were
The theory or doctrine of Separation of Powers means that, these three function s of th given to one person, there wi ll be an end of indi vidual, personal liberty. Therefore. accumulation of all
Government, in a free democracy. always be kept separate from each other. The functions and powers 0; powers in one person would lead to tyranny.
these three organs of the Government should be kept separate from each other and should be exercised bl'
the each separate organ of the Government. · In the words of Lord Atkin, "every power tends to corrupt, and absolute power tends to com1pt
absolutely". In other words, when the legislative and executive powers are united in the same indi vidual,
The simple meaning of the doctrine of Separation of Powers means that, the three organs of the group of individuals, whether elected or self appointed, there can be no liberty. because, there w ill be
Government 1.e. Legislature. Executive and Judiciary must function within their ambit, scope and limit apprehension that the same _person or the same group havmg. all the powers such as leg1slat1ve and
and any of these organs of the Government should not encroach on the powers or interfere with th; executive, will enact tyrannical laws and will execute them m a tyrannica l manner. Therefore, the
powers of others. That mean_s, the Legislature cannot exercise executive powers or judicial powers; and separation of powers guards against the tyrannical and arbitrary powers.
the_ Executive cannot exercise legislative powers or judicial powers; and Judiciary cannot exercise
!eg1slat1ve powers or executive powers. In other words, the doctrine of Separation of Powers means_ The doctrine of separation of powers came to be recognised in the old era of Aristotle and Plato.
~!
11
each organ of the Government should be independent of the others; The British scholar politician Locke and the French philosopher Bodin furth er deve loped it in the 16th and
17 Century. Thereafter, in the I 8th Century, it was the French scholar of law Mo11tesq11ie11 who re-
th
) each orga_n of the Government should perform only the functions and powers assigned to it under
the Cons1Itut1on. forniulated this doctrine in a systematic and sc ientific form to its full potential. He authored an elaborate
book - "£spirit des Lois " ('The Spirit of Laws") written in the year 1748 in which he observed -
The doctrine of Separation of Powers had a tremendous impact on the development of Administrative "When the legislative and executive powers are united in the same person or in the same body of
Law. The doctnne of Separat1o_n of Powers came into existence to protect the personal liberty and to fight magistrates, there can be no liberty, because, apprehensions may ari se. lest the same monarch should
agamst the tyranny and authontanamsm, because, 1f the legislative, executive, and judicial functions are enact tyrannical laws - to execute them in a tyrannical manner. Again there is no liberty if the judicial
given to one person, or 1~ the same hands whether of one or a few, it would lead to the establishment of power be not separated from the legislati ve and the executive. When it is joined with the legislative, the
authontanan and totahtanan regimes. life and the liberty of the subject would be exposed to arbitrary control - for the judge would then be the
Three fold structural classification of the Government :- legislator. When it is joined with the exec utive power, the judge mi ght behave with violence and
oppression.
The doctrine of Separation of Powers deals with the three fold stru tu 1 ·fi ·
It is as follows _ c ra c1ass1 1cat1on of powers.
Miserable indeed would be the case, were the same man or the same body, whether of nobles or of
1) that the same person should not be the pan of more than one Of th the people, to exercise those three powers, that of enacting laws, th at of executing them and that of
In other words, the same person should be confined tO th ese three organs of the Government.
Judging the crimes of individuals".
such person should not exercise the powers and fu e powers and functions assigned to him and
. . nct1ons of other orga f th G From the historical perspective, it may be noted that the French law scholar was li ved at the time when the
accordmg to this classification, the Ministers should not sit . . ns o e ovemment. Thus,
2) that one organ of the Government should O t . rfi ID the Legislature; full-fledged absolute and autocratic monarchy preva iled in France during the time of Louis XIV On the
Govemment. Thus, accordmg . to this classification
o mteth ere and 0th er side, according to English Constitution which recognised the rule of separation of powers in the IS' h
. . contro I any other organs of the
Executive and Legislature, and the Executive should ne Judici~ry should be independent of the Century, as a result every Englishman in England enjoyed the liberty and freedom to the foll est possibl e
ot exercise the rule making power of the ~xtent. These are the reasons why Montesquieu proposed the theo ry of separation of' powers with ltill
force and vigour.
 A 11t11or ,.,,,,, I unu .,11 "· / 1/ o ~Q/, .--
25. Author- ProC Prakash K. Mokal.
, nee unnnunously ac,cp1ed 1he doclrinc of scparali on of p01~cr
The Constituent Assemhl) of I m ... _ ·iilul ion in a counlry if 1hc doclrmc of sc para1i 011
1 tlira Gandhi vis. Rai Narava11, AIR. /9 75, S.C. 2299
and declared that - 1hcrc " ould be m,thmg hkc o , on~ 01 !JL. It was observed by the Supreme Court in this case that. the doctrine of Separation of Powers has
ro"·ers was not incorporated thcrcin. been accepted in rhe Co nstitution of India and rhe doctrine of Separation of Powers is a part of the basic
fs tion of Powers :- structure of the Const1tut1on.
Effect of the doctrine O c~~,- rs ha< the fo lio" ing effects -
The d<x-tnne of epnranon o . ' . - ·tr:1rv owers: Golakuath vis. State o[ P1111iab. AIR. 196 7. S.C. 1643
i) It guard. gomst t~'T3nntcal and arb1 .' ·,. P - It was observed by the Supreme Court in this case that. the Constitution of India brings into
.. d ensures indn1dual hbcrt~ • •stence three different instruments of power, such as, the Legislature, the Executive and the Judiciary.
11 ) It proiects 311 !°on of all the powers in the same person or group of persons;
1·1··1) ll does not allo\\ the 3 • cumu·t1upon
81
the development of t11c Admtmstra!lve
· · · Law an d tl1e funct1·onin ~~:e jurisdiction, fun ctions and_powers of these three instruments viz. the Legislature, the Executive and
iv) d
It create; iremcn ous imp ,. 3 g h. Judiciary are demarcated d1stmctly, and they are expected to exercise their respective powers without
of the Govt'Illmcnt: G 1 h f tl G ~n:roaching upon and_without overstepping the limit allotted to them. The Constitution of lndia has no
It bcl s ensure check by one organ of the overnmen_t on t 1c ot er organs o 1e overnn1ent clear provision regarding the d1v1s1on of functions of the Government. Articles 53 ( I) and 154 ( I) deal
v) I
It doe': nor allow the encroachment of powers and fun ctions of each organ of the Government. with the executive powers of the Union and of the State vested in the President and the Governor,
, i)
respectively. Article 50 states a Directive Principle that, there shall be separation of judiciary from the
Drfrcts of tbe doctrine of Separation of Powers :- .
The doctrine of Separation of Powers suffers from the followmg defects - executive.
') hen if the doctrine proceeds wnh the assumption that the three organs of the _Government are The President being the head of the Executive, has also wide legislative powers, such as, issuing
1
disrimruishable from one other. in reality it is difficult to draw a demarcatmg lme between one Ordinances, making laws or making necessary modifications. The legislative powers of this nature are
or~an-and the other with mathematical perfection, because, the Government is not a machine, bui beyond the judicial review. The President also performs judicial func tion, such as, deciding disputes
it ; made of Ii, i ng beings. regarding the age of the judge _of the Supreme Court and High Court for the purpose of retirement, and
ii) Due to the emergence and existence of the concept and idea of "Welfare State", it is difficult to also deciding the cases of d1squahficat10n of the members of the Parliament, granting pardon or
confine the doctrine of Separation of Powers, because, enforcement of rigid concept of Separation commuting death sentence to life imprisonment in mercy petition made to the President of India, etc.
of Powers in the modern Government is made impossible. Lt has been rightly observed by
Friedmann that. "strict separation of powers is a theoretical absurdity and practical impossibility"; The Parliament apart from exercising legislative functions and powers in accordance with the
iii) It is not possible to attain liberty and freedom of individual by such mechanical division of powers provisions of the Constitution, is also empowered to exercise judicial function, such as deciding the
and functions of the doctrine of Separation of Powers; question of breach of its privileges, and if the breach of its privi leges is proved, the Parliament is also
iv) The doctrine of Separation of Powers fails to ensure the strict separation of powers between the empowered to punish the person concerned. During the process of impeachment of the President, one
different organs of the Government, because, one organ may exercise some incidental functions of House of the Parliament performs the duty of a prosecutor and the other House of the Parliament
investigates the charges and decides whether the charges levelled are proved or not.
the other orean:
v) The doctrin~ of Separation of Powers is relative and not absolute. If this doctrine is accepted, ii The Judiciary apart from exercising the judicial powers. is also empowered to exercise some
makes difficult to take certain actions, such as, the legislature cannot delegate its legislative power executive powers and functions. The High Court has the power of superintendence over all subordinate
and functions, the courts cannot frame rules of procedures to be followed by them in the courts and Tribunals, and also enjoys the power of transfer of cases (e.g. the Supreme Court has recently,
expeditious disposal of cases. in May, 2004 rightly transferred the Best Bakery Case from Gujarat High Court to Mumbai High Court).
The High Court and the Supreme Court also have legislative powers and such legislative power is
Separation of power in India under the Constitution of India:-
exercised in framing rules, regulating their own procedure to be followed in the expeditious disposal of
The doctrine of Separation of Powers finds place in the Constitution of India, not in the rigid form,
the cases.
but in the broad sense. In other words, the doctrine of Separation of Powers finds its expression in some
form or other in the Constitution of India. From the above, it is clear that the doctrine of Separation of Powers is not fully accepted in the
This doctrine of Separation of Powers has been broadly followed in the Constitution oflndia. The Constitution of India.
executive powers arc with the President of India, the legislative powers are with the Parliament and the
judicial powers are with the Judiciary including the Supreme Court, High Courts and the subordinate Ram Jawava vis. State of P1miab, AIR. /955 S.C. 549
couns under the Constitution of India. It was observed by the Supreme Court in this case that the doctrine of Separation of Powers is not
The President exercises the powers and functions as enumerated and provided in the Constitution fully accepted in the Constitution of India. The Indian Constitution has not recognised the doctrine of
of lndia. The Parliament makes the laws in accordance with the provisions of the Constitution but the Separation of Powers in its absolute rigidity.
Parliament has no amhority to declare a decision given by the court as void. The Judicia~ is also
independent m exerc1smg 11s powers and function s, and the other organs, such as, Legislature and
Executive cannot mterfere w11h the functions of the Judiciary. However, the Supreme Court and High
======================================
Courts are empowered with iud1c1al _rev1ew and they are also empowered to declare an law assed b rhe
Legislature or Parliament as 11/rra-v1res or unconstitutional. y p y

Case Law:
I 26. Author- I'm• nux 11,111 11. ilfokr,/,
27. Author Pro[ Prakash K. Mokal.
·
Q.__!_;_ Critically discuss the D1cey's Doc t rmc
· Of Ruic of Law. Elaborate
• •
.
111 The doctrine of the Ruic of La w also implies that, no man can be arrested punished or no man can
application in Indian Constitution /Apr.2002; Oct.200l; Apr.2004, Apr.2006; lawfully made to suffer in body or property except by due process of law fo r a breach of law, and such
Nov.2006; Apr.2008; Nov.2008; May,2012; No11.2012; Apr.20!4/. be hould be tried 111 the ord111ary cou rt 1n the ordinary legal manner.
person s
OR E uality before law : .
2) ~ · ,g to Dicey "equality before law" is the second principle of the "Rule of Law". "Equa lity before
Explain the 'Rule of Law'. How the Rule of Law is respected und cr th c Indian Ac~?r "ans there must be equal treatment or equal subj ec tion of all classes to the ord inary law of the land
Constitution. State the relevant case laws /Dec.2014; Noi,.20!5/. law. ".'~~red in the ordinary legal manner. In other words, all persons must be subject to one and the same
admi~IS e should not be ex tra-ordinary Tribunal or special courts fo r executi ves of the Government and
OR law, t iertl,orities. If a civil servant is exempted from the jurisdiction of the ordinary court and provided
Discuss critically Dicey's concept of the Rule of Law. Is th e Rule of La,t other au
•
. . . . - ·
ecial Tribunal, then such exemption given to c1v11 servant 1s contrary or agamst t e equa 11y.
h r
1I
contradictory to the Administrative Law? /Apr.2001/. wit sphas critisied the French legal system of droil administratiff in which there were separate
Dicey
administrative tn·b unaIs ,or
c . Is of th e state an d th e c1't'1zens.
dec1'd'mg cases between th e o ffi1cw
OR
"The Administrative Law is the area where the principle of the Rule of Law is to he J) Predominance of legal spirit : .. , . . . . .
A ding to Dicey "Predommance of legal spmt ' 1s the th1rd pnnc1ple of the rule of law. According to
seen especially in active operation" - Discuss. h_cco~ie rights of the individual guaranteed by the Constitution would be secured more adequately, if they
OR a;:~nforced in the court of law. In other words, mere inclusion or mere incorporntion of the rights of
Write a short note on : individual in written Constitution requ1red to be protected and enfo rced, _and predommance or supremacy
Rule of Law /Apr.2003; Apr.2005; Apr.2007; Nov.2007; Apr.2011; Apr.2013; Nov.20] 3,· of legal spirit is absolutely necessary for the effective remed ies of protection and enforcement.
· Apr.2015/. Dicey bas emphasized the role of courts of law as guarantors of liberty.

Main objection of Dicev against Administrative Law :

Answer: Dicey was aga inst the discretionary power on the part of the administrati ve authori ty, and he was also
against the existence of Administrative Tribunal to deal with the liability of the public servant or to deal
The doctrine of the "Rule of Law•· is the basis of the Administrative Law. This doctrine of the Rule of with the liability of the person who is the bolder of the publi c offi ce.
Law bas been accepted in the Constitution of U.S.A. and India. Sir Edward Coke, the Chief Justice in There are following two sides of Dicey 's fonmu lation of rule of law.
King James l's reign was the originator of this concept. In a battle against the King, he maintained that In other words, the main objection of Dicey against Administrative Law are summarised as under -
the King should be under the God and the Law, and he established the supremacy of the law against the
executive. Thereafter, A. C. Dicey developed this theory of the Rule of Law in his classic book "The Law J) Objection against Discretionary power :
of the Constitution" published in the year 1885. The discretionary power or arbitrary power on the part of the adm in istrative authority creates and breeds
According to A. C. Dicey. the fundamental basic principle of the English Constitution or English arbitrariness or discretionary power. Dicey was against arbitrariness or discretionary power. because he
legal system is the "Rule of Law·•. was of the firm opinion that arbitrariness often prevails in the selfish discretion. According to him,
discretion creates a room for arbitrariness, and discretionary power or authority on the part of the
In the opinion of Dicey, the Rule of Law has the following three aspects - Government, leads to insecurity for the legal freedom of the individuals.
i) Supremacy of the law;
ii) Equality before the law; Criticism:
iii) Predominance of the legal spirit. This _main objection with regard to· conferring discretionary power on the part of the Government. is
cnt1C1sed on the ground that, Dicey fa iled to notice the distinction between discretionary power and
Each of these three aspects can be explained as under - arbitrary power. It 1s true that arbitrary power is disagreeable. or compatible or repugnant to the rule of
I) Supremacy of the law : law, but_d1scret1onary power is not disagreeable compatible or repugnant to the rule of law.
. The unportance of discretionary power is much more in the functioning of the modem state. In fact , it
It means: there must be absolute supremacy of the law or absolute predominance of regular law as
will be _d~fficu_It for the modem state to function if discretionary powers are not conferred on the executive
opposed to the influence of d1scret1onary power or arbitrary power. It does not include the existence of
or adrnm,strattve authority. In other words, if discretionary power is considered to be against or contrary
arb1tranness _or d_1scret1onary power on the part of the Government. In other words, discretion creates a
place for arb1tranness and the d1scretwnary power on the part of the Gov t . · to the. rule of law, then the rule of law would be treated as redundant or inapplicable to any modem
for legal freedom of the individual. emmen , amounts to insecurity Conshtut1on. Therefore, Dicey's objection against the discretionary power. does not sustain , and the
0
bJection with regard to conferring discretionary power on the part of the Government, is not va lid today.
According to Dicey, English men are ruled by the law a d b h 2)_Objection against Administrative Tribunal :
punished for a breach of law, but he cannot be punished for anyth : n Y t e law along a man may be
mg eIse.
~ 1 ~y was against the existence of Administrative Tribunal to deal with the liabili ty of public servant or
ia/ ity of a person who is holder of publ ic office. According to Dicey, all persons must be tried by the
or mary courts and under the ordinary law of the land.
11 A uthor Prot: l'raka.~h K.

-
28. 11A ,. --
~
29. Author Prof. Prakash K. Mokal.
·
He was against the eXJstence · of Admm1
of separatmn · ·strative
· Tn'bunals
. for deciding
. cases. betw
. · . ccn lh
th
officials of the State and citizens. He also felt that, if the civil servant is exempted from e Juri sdiction 0; . N /mt Gmullti 11/.~. Rai Naral'/111. A IR. /9 75 S.C. 2299 - .
the ordinary courts of law and providing them with special tribunal , such provision amou nts negati0n 10 /J!J!JJ!!.-:
0
rvcd by 1hc Supreme Court that, Article 329-A (4) was unco nstituti onal, because under thi s
of equality. Dicey. therefore, maintained that the Rule of Law means. no man is_pums~able or no lllan can It was scelection of the Prime Minister or Speaker could not be chal lenged as violative of Ruic of Law
III th 1
Art~~ t~ · ·
be lawfully made to suffer in body or in goods except for a breach of law eStabhshed e ord inary legal . as the basic structure of the Const1tut1 on.
1
wl11c1W,
manner before the ordinary court oflaw. . d' .. !ti Tran.nor/ Cor oralio11 vis. D. T.C. Ma, door Co,,,ress A IR. 199/ S.C. IOI -
Dicey was of the finn opinion that, every person, whether such person is an or mary cit izen or a
Dell . ase the Supreme Court formulated the meaning of the Ruic of Law. It was observed that, the
public servant, was subject to the ordinary law of the land and to the ordmary court._ In t ii s c~f ~rbitrary power is the first essential of the Rule of Law which is the basic structure of the
According to Dicey, the existence of separate system of Administrative Tnbunal as prevailed in
absencte tion In a system in wh ich the Rule of Law which is the basic structure of the Constitution, has a
France, amounted to denial of equality before law. Const1
redomuinant· position, or 111
. a system which. 1.s govern~d by the Rule of Law, the d1scret1on
· · confierre d upon

Criticism on Diccy's objection : . . .. ~xecut ivc authorities, must be confined to defined limits.
The another important objection with regard to Administrative Tribunal, 1s cnuci~ed on _the ground that
dicey totally misunderstood the concept of "droit administratif'. In other words, Dicey misunderstood th; ========================================-
French system of Administrative Law. The Administrative Tribuna ls are able_to offer expected relief to
the citizen against executive or administration action. Administrative Tribunal 1s the necessity of the time ~ Discuss the judicial review of administrative action with relevant case law.
because, the courts are overburdened with cases of various descriptions. The diversion of_administrativ;
OR
matters to the Administrative Tribunals reduces the burden of the courts and also deals wtth expeditious
disposal of cases. Dicey's objection against the existence of Administrative Tribunal does not sustain. Discuss the nature and scope of judicial control of administrative actions.
Therefore, Dicey's objection with regard to existence of Administrative Tribunal is not valid today. OR
Discuss ordinary remedies, apart from constitutional remedies to control
Rule of Law and its operation under the Constitution of India :
The lndian constitution has adopted the doctrine of Rule of Law. The three organs of the administrative actions in India.
Government viz .. legislature, executive and judiciary are subordinate to the Constituti on and these three OR
organs of the Government are required to act in accordance with the provisions of the Constituti on. The
legislative and executive powers of States and the Union are to be exercised according to the provisions of Explain classification of administrative action with illustrations.
the Constitution of India. In the event of infringement of fundamental rights, constitutional remedies arc OR
provided for the enforcement of these fu ndamental rights guaranteed under the Constituti on. Discuss the different classes of administrative action and judicial control exercised
over them.
The Government and the public officials are not above the law and if there is abuse of power by
the executive or by the Government or tf the acllon of the executive authority or Government is not bona. OR
fide, the said acuon can be set aside by the ordinary courts of law. The Government and the executi ve Discuss different classes of administrati-;;-process or actions (discretions) and the
authont1es are also subject to the jurisdiction of the ordinary court of law and they can be tried and judicial control exercised over them.
punished for wrongs committed by them. OR
According to Article I3 of the Constitution, all rules, regulations ordinances notifications What is administrative discretion ? Explain the Judicial Review over the exercise of
customs, usages, bye-laws are "Laws" and if such rules, regulations, notifications, ordi n;nces, customs: discretionary powers
usages .or bye-laws_are not m accordance with the provisions of the Constitution, they are declared as OR
ultra vires by the High Courts and by the Supreme Court. Explain the judicial review of administrative action by writ jurisdiction
According to Article 21 of the Constituti_on, no person shall be deprived of his life and ro erty OR
except accordmg to due process of law or accordmg to the procedure est bl' h db I p p d Examine critically the statement "Administrative discretion (actions) are beyo nd the
breach of contract committed by the executive authorities or public auth;ri/i~/ Y aw_. Tortuous act ao pale of judicial control" .
courts of law and damages can be recovered from the Government th U . can be tned m the ordmary
may be. Thus, there is equality of law and equal protection of la\ odr eh mon Government, as the case OR
v un er t e Constttutton. Explain the doctrine of Proportionali~vith reference to illustrative case law
Case law: /Apr.2000; Apr.2001; Apr.2003; Apr.2004; Nov.2005; Apr.2008; Nov.2008; Apr.2010;
Keshawa11and Bharati vis. State o(Kerala. AIR. 1973 S.C. Apr.2011; Nov.20 12; Nov.2013; Apr.2016/.
1461
It was observed by the Supreme Court that, the doctrin f 0 OR
Constitution of India, and the _doctrine of rule of law has: Rule .of Law has been embodied in tbe Write short notes on :
basic structure of the Const1tut10n of India. een considered and treated as the part of the
a) Administrative discretion/Apr.2000/.
b) Administrative action/Apr.2002/.
1111

-
30. Author- Prot: Praka.,·h K. A1 .......
~ 31. Author Prot: Prak11., h K. Mokal.
c) Judicial Review [Nm•.2006/. Adm in istra ti ve fun cli ons may be de legated and sub-de legated unless there is a spec ific bar or
d) Lack of Power. iii)
pro hibi tion in the Stat'.1tc; . . . . . .. .
e) Doctrine of Proportionality. Achninistrati vc authonty may use ,ts d1 scrcllo n wh tl e mak111g a dec1s1on,
f) Doctrine ofUltra Vires [Apr.2001; Nol'.1007; Apr.2015/. An Adm ini strati ve order may be held to be in val id on the ground of unreasonabl~ness;
The prerogative writs of certiorari and prohib iti on are not always ava tlable agai nst
ad ministrati ve actions.
Answer: ..
There are three organs of the Government - Legislature: Executive au d J~~iciaiy. These 1hr , · trative Discretion '/' Administrative Action ' :
organs essentially perforn1 three classes of governmenta I fu nctmns· - .i) leg1
. slat1 ve·: 11)
. execullv e;. and iiict .'..,:l!!.!!!!"' 5
t' ve di screti on is the discretion enjoyed by administrati ve authoriti es. The term ' di sc ret ion'
Adm1n 1st 1
ra. ower to make a choice between two or more causes of acti·on or ·mact1·on. Tl1c d',sere1·mn 1·s
judicial. The function of the Legislature is to enact the law; _the Executive is to admm 1ster the law, and 1~ .
1 p
Judiciary is to interpret the law and to declare what the law 1s.
impliesbtic · or accordmg
xercised arbitranly · to the md1
· ·v1duals
· persona I wh'1ms or opm1
.. ons. I I must be
not to c e . . f I f d. .
exercised within the \nrnts o ru es o reason an Justice.
But, as observed by the Supreme Court in Jaya11tilal Amrat/a/ ,vs. F. N. R_ana (AIR. I 964, S.c. p
648, 655), it cannot be assumed that the legislative functions_ are exclusively performed by t' In view of the vari ous function s performed by the administrat ive authorities, _i t is quite necessary to
Legislature, executive functions by the Executive, and judicial functi ons by the Judiciary. . d'scretionary powers 111 order to enab le them to rea li se vanous obJ ect1 ves of the modern stale.
g,ve l11em 1
In modern times, the Executive performs various functions such . as to investigate, to prosecute, 10 Though, they should be given s~ch di scretionary power or authority, it is also expected of them that
prepare and adopt schemes, to issue and cancel licences etc. (admm1strat1ve functions); to make rules they should exercise the same, JUd1c1ally or reasonably hav mg due_ regard _to the pnnc1p\es of Natural
regulations and bye-laws. to fix prices, etc. (legislative functions); to adjudicate on disputes, to impos; Justice, etc. If they do not exercise these powers reasonab ly, 11 1s quite possi ble that, the very purpose of
fine and penalty. etc. (judicial fun ctions). Therefore, the functions performed by the executive authorities the modem Welfare State wou ld be defeated.
are administrative. legislative. judicial or quasi-judicial in character. Therefore, these authorities should be subject to the judicial control. In other words, they (i.e.
The modern administration may also enjoy wide discretionary powers. The public authority may be administrative authorities or their officers) cannot exercise these powers arbi trar_ily, and in order to ensure
empowered to perform different administrative actions, such as to make an investigation or enquiry and the same, the judicial control becomes essential. Therefore, d1scret1onary admm1strat1 ve powers are not
apply its discretion with a view to implementing a certain social or public policy, etc. beyond the pale of judicial control.

Case Law: Jn this connection, it may be pointed out that, generally, any authority or offi cer tends to abuse the
power, if not controlled by some agency. It is natural that, human being as such, they have to be properly
Ram Jawava vis. Stace of Pu11iab1 AIR. 1955 S.C. 549- controlled in the exercise of such power or authori ty granted to them. It is wisely said that, power corrupts
The Chief Justice Mukharjee of the Supreme Court, observed: "It may not be possible to frame an a person, and absolute power corrupts him absolutely. If this is to be avoided, it is essenti al that there
exhausti ve definition of what executive function means and implies. Ordinarily, the executive power should be some effective contro l over the exercise of such power and such effective contro l can be
connotes the residue of the governmental functions that remain after legislative and judicial function s are exercised only by the judiciary. Therefore, such powers cannot be and should not be beyond the pale of
taken away". the control of judiciary.
Thus, administrative functions are those functions which are neither legislative, nor judicial in It is hoped that, the due control by the judiciary would ensure that the concerned admini strati ve
character. authority exercises the powers given to him in good fai th. It is also implied that, such administrative
It was further observed by the S~preme Court in this case that, the doctrine of Separation of authority to whom the powers have been granted, should exercise these powers by himself without
Powe_rs 1s not fully_ accepted m the Cons11tut1on of India. The Indian Constitution bas not reco ised the surrendering his judgement in the exercise of such powers to some other authority or agency -
doctnne of Separatmn of Powers m its absolute rigidity. gn
Case Law:
Classes of Administrative Actions -
The following are the classes of administrative actions - Commissioner o(Police vis. Govardha11das (AIR., 1952 S.C. 16)
i) Administrative discretion; The facts of this case are that, a person had applied fo r a construction of cinema at a site in greater
ii) Legislative action; Bombay. However, his application was refu sed.
iii) Executive action;
iv) Judicial action; Subsequently, the same was granted by the Commissioner of Police. But, agai n the pern1ission
v) Quasi-judicial function . was suspended and finally cancelled within two months, by the letter of the Poli ce Com missioner of
Bombay. The Commissioner of Police in his letter to the applicant stated that the pennission already
No1;11ally the followi_ng characteristics are found in administrative functions _ granted was cancelled in view of the direction of the Government.
,) An admm,strallve order 1s based on governmental polic .
ii) An administrative authonty 1s not bound by the I yf . . . It was held that the Commiss ioner of Police has surrendered his judgement to the Govcmm~nt
the relevant Statute specifically imposes such an rubl~s O evidence and strict procedure unless whde passing the order of cancellation and as such it was wrong of him. The authority wh ich was given
o 1gat1on;
to him was to be exercised by him of hi s own without allowing hi s wi ll to be overborne by anybody. In
r 32,
• ·
other words the exercise of the owers b the Commissioner was
Author- Prof; Prak(l,1·/, I<.
'
wron or ma/a- 1de and ~the.1 1r
c ore
,it ~
33. Author Pro f; Prakash K, Maka/,

11 - 1. shall nol look into the correctness of the decision or action taken by the administrative
came within the pale of the judicial control as stated above. The .cour: , ~o:irts shall go by the merits of the case. The courts are concerned only with U1e manner in
, · I c t I/Judicial Review over them : authonties. "1.011 is t·,kcn. The questi on before the court is whether the administrati ve authority has acted
Discretionarv Powers an d Jud,c,a on ro
Discretionary powers have been conferred on the a<ln . '
,inistrative authorities in rel .
. S I1 d' t'1 at1011 ~ w I11· h 1hc ac 1 '
c. . powers and whet her ii has fo llowed proper procedure.
w11l11n it s
dismissal removal or reduction in the rank of the members of the civil service. ftuc t. iscre ~nary.Powe~ Thus, if the administrative authority has exercised its di scretionary power in a prope.r, re~sonab.le and
' h ·d adn11111stra11on me mns c 1,ec11vc1
need to be given to these authorities to ensure t11at t e sai ' d b ti c Y and nner and fo llowed a proper procedure, then in such case, the court shall not mterlere wnh the
efficiently. Yet, it may be remembered that, they should 1101 be allowe to a use ie pow rs graniect 10 lawfu I ma · · · I ·
act ion taken by the admm1stra1Jve aut 10nty.
them.
But the court may st ill interfere wit h the exercise of discret ion by admi nistrati ve authori lv under the
. . · · I been made under the A11icle 31 i
It is with this pUI]lOSe m mmd that necessary prov1S1on ias .. . of the ~ g circumstances -
Constitution of India that the powers conferred on the Government aul hontles or agencies, should ht :
0 0
' Where the authority exercises such power fo r any purpose other than the one fo r which the power
·
exercised ·m good fruth
· and with · 1ust1ce.
· · Th e prov1S1ons
·· of tlie Article 311
. of the Const1tut1011
.. ' .in e""
11ec\ ,) ·
in question was granted.' . . . .
put limitation to the exercise of such powers by the concerned administrative au th0 ntles or agencies. Where the adm1111stra11ve authority fails lo observe the mandatory procedure prescribed 111 the
ii)
Statute which conferred such power lo that authori ty.
It may also be noted that. the administrative authorities are not amenab_le to W~it .0f "Certiorarf' Where the basic fac ts on which the exercise of power is conditional. did not exist.
unless they act judicially or when they perforn1 judicial or quasi-judicial_ functions. This nnph es that, th; iii)
Writ of "Certiorar(' may not be issued when the administrative authonlies act 111 purely admm1stra1ive
capacity.
Ultra-vircs : . . . I I f d . . . . b II d h d .
Broadly speaking, the 1ud1c1a contra o a ,'." m1strat1 ve action can e ca e .t .e octnne o
f' I
u . ,
1ra-v1res ..
According to Prof. H. W.R. Wade , ... there 1s some fault m the admm1strat1ve act which renders 11
Judicial Review by the Court : u/tra-vires. Such fault may arise either on account of lack of power or improper exercise of power. Such
The power of the Court to m~ew administrative action or executive action, is the procedure by which improper exercise of power may a.Isa be due to either wrong manner in which it is exerc ised or on account
the court can declare the validity or non-validity ofan action taken by the executive. Such an action of the of the stale ofmmd with which 1t 1s exercised.
executive, though taken by administrative discretion, it may be struck down or declared as null and void
by the court. The main purpose of judicial review is to ensure that there no abuse of such discretionary The grounds rendering administrative action invalid and subject to judicial control are as follows :
power vested in the executive authority. Generally, the courts have no power or courts cannot interfere i) Lack of power;
with the action of the administrative authorities if they have exercised their power in a proper manner. ii) Malafide exercise of the power;
iii) Improper purpose;
Judicial review is a great weapon in the hands of the judiciary. It comprises the power of a con lo iv) Irrelevant consideration;
declare any action of the public authority which is inconsistent with the basic law of the land as v) Leaving out relevant considerations;
unconstitutional. vi) Colourable exercise of power;
vii) Unreasonable exercise of power;
Judicial review in India deals with the three aspects - I) Judicial review of legilsative action; 2) viii) Acting in the wrong manner or way;
Judicial review of judicial decision; and 3) Judicial review of administrative action .. ix) Non-application of mind.
The object of the judicial review is to ensure that the authority does not abuse its powers and the x) Doctrine of Proportionality.
individual receives just and fair treatment. 1) Lack of Power -
In Indi a, the doctrine of judicial review is the basic feature of our Constitution. Judicial review is the
If the administrative authority has exercised the power which is not given to him, or exercised the power
most potent weapon in the hands of the judiciary for the maintenance of rule of Jaw.
:~ e~cess pf power gi.ven to him, in such a case, the court by i_ts judicial. control can render the act of the
. Judicial review is the touchstone of the Constitution. The Supreme Court and the High Courts are the mimstrahve authority as null and v01d. The aggrieved party 1s also enlitled 10 necessary remedy aga inst
ultimate mnterpreters of the Const1tut1on. It 1s, thmfore, their duty to find out the extent and limits of the such admm1stratmn act of the administrative authority.
power of co-ord_matmg branches, 1.e. the. Executive and the Legislature, and to see that they do not 2) Mala-fide Exercise of the Power
transgress their hm1ts. This ,s mdeed a delicate task assigned to the judicia b lh C . . J d' · I
review is thus, the touchstone and the essence of the rule of law _ R K J ry ; , ; . onStitution. u ic)ia The expression "ma/a-fide" generally means, dishonest intention, com1pt motive or bad faith.
sec 119. · · am v,s. v mon of India, (1993 4 Ho_wever, the Supreme Court had given a broader meaning to this expression in the case known as
Ja,chand vis, State of West Bengal, AIR. 1967, S.C. 483 as follows -
In Minerva Mills Lid. vis. Union of India, the Supreme Court h Ob . "It only means Iha!, the statutory power is exercised for purpose foreign to those for which it is in
created an independent judiciary which is vested with the as • served that, the Constitution has 1
aw mtended. However, largely in practice, the term 'ma/a-fide' would include those cases where the
legality of administrative action and the validity of Jegislatio p~~e\ of Judicial review to determine the mfohve force beyond an administrative action is personal animosity spite vengeance and personal benefit
I
our Constitution to keep the organs of the state within the ~· . is e solemn duty of the Judiciary under o oneself'. ' '
judicial review by the courts aims to protect citizens from bim,ts of th e power of judicial review. Thus,
state. a use or misuse of power by any branch of the 3) Improper Purpose
r
-
Author- Prot: Prakash I( ....-
34. ~ 1
35. Author Pro f. Prakash K. Mokal.
· · pl moti ve or practi ce. personal spite O . ~
In case of ' improper purpose·: dishonest mtent1m~ t~:~1ower under the Statute is used for the lp1na1~ trinc of Proportionali tv - . . .
may not be present; yet. 1t 1s improper purpose• 1 u~ 9) QQ£...,The pnnc1
· ·pie of Proportionality means , that an action should be modem1st1c that 1t ought to be fo r
other than the one for which it is intended m the Statute.
obtaining the des ired result.
4) Irrele,·ant Consideration - . _. . , . or the improper purpose. but . At times, Statute may req uire the authori ty to act reasonably. The courts have also stated that the
In this case, there may not be ma/a-fide exercise 0 1 P0 " er . . _ , . 5h11 1 . I ould cons ider the questmn fauly and reasonably before taking an action. The term
administrative order can be challenged if the power is exercised on th e basis of m ele\ ant considerati~ auth0 nty sb; , means more than one thing. It may embody a host of grounds mentioned already, as that
'unreasona e · ' · · c · I fid
or matters. authority has acted on irrelevant or extraneous cons1derat1on or ,or an improper purpose, or ma a e,
th e' ableness may furn ish a ground for intervention by the courts when the Constitution of India
5) Leavino out Relevant Considerations - . tc Unreason • · · · · b fi I b t
~r ;he Statute so requires. Thus, Article 14 of the Const1tut10n of India guarantees equality e ore aw u
Administrative action may also be rendered invalid on the ground that. th e concerned action or
Administrative Authority did not consider relevant matters. In other words, relevant_considerations iv~, the courts have permitted reasonable class1ficat1on to be made.
not taken into account while taking such action. In such case. the admimstrattve acti on can be said to ~ The Principle of Proportionality requires the court to apply the tree stage test : I) Whether the
improperly exercised for want of relevant considerations. ob·ective sought to be achieved, is relevant_and sumciently important to justi fy lim iting the fundamental
. lh . Z) Whether the means chosen to limit that nght are rational , fatr and not arbitrary; and 3) Whether
6) Colourable Exercise of Power - ~! :~ans used, impair the right as minimally as reasonably possible [R. vis. Shay/er, (2202) 2 All ER
This ground is more or le.ss similar to the ground of'"improper purpose" discussed above. The essence «
this ground is that. though the power is exercised under a Statute, ostensibly for the purpose v1suaJis« 477 PP· 498, 506 (Hl)].
under the Act. in fact. it has been used for altogether different purpose, not connected with the Sta1111; In Om Kumar vis. Union of India, AIR 2000 SC 3689 : (2001) 2 SCC 386, the Supreme Court
Such exercise of power is known as "colourable exercise of power" and consequently, such exercise « has held that the proportionality principle which involves a _stricter_test _of reasonableness: was being
power is considered to be beyond the Statute. In such a case, the administrative act is held to be nul! ar,j applied in India . by courts as a pnmary _rev1ewmg _authonty m JUd1cia l review of leg1s_lattve and
void having no effect in law. administrative actmn affectmg fundamental nghts ever smce 1950 WJtbout spec ifically nammg 1t.

7) Unreasonable Exercise of Power - In Terioat Estates (P. Ltd.) vis. Union Territory of Chandigarh, [(2004) 2 SCC 136], it was held
This ground of anack on administrative action is considered rather a delicate one. When ii; that _ by Proportionality, it is meant that the question whether while regulating exercise of fundamental
Adm inistrative Authority is vested with discretionary power, it is for such authority to decide the scope i rights, the appropriate or least restricti ve choice of measures have been made by the Legislature or the
the discretion. It is not proper that the courts should substitute their discretion for the discretion of tti administrator so as to achieve the object of the legislation, or the purpose of administrative order, as the
administrati\·e authority. It is the administrative authority concerned, who knows the facts of the gi1Q case may be.
case better. and as such. it is for that authority to form its opinion to take an action in the given case. u
other words, such exercise of the power involves subjective satisfaction of the Administrative Authorin The court will act as a primary reviewing authority in relation to statutes or statutory rules or any
and in such cases, the courts cannot interfere with such kind of subjective satisfaction . · order which has the force of a statute. In cases where the challenge of unreasonable classification under
Article 14, the principle of Proportionality is applied to other fundamental rights wi ll apply, was held in
But. if the decision of the administrative authority is so unreasonable that no reasonable authorir, Om Kumar vis. Union of India, AIR 2000 SC 3689: (2001) 2 SCC 386.
could ever have come to it, then the couns can interfere. The Supreme Court of India, in Sheo Nath r,i
Appellate Assistant Commissioner (ArR. 197 1 S.C.2451) observed that, the words "reason to believe It was also held in Ajay Hasia vis. Khalid Mujib Sehravardi, (/98/) SCC 722 that the
used in the Income Tax Act for initiating re-assessment proceedings suggest that, the belief must be th! fundamental right of equality in Article 14 has also been so construed as to make the concept of
of a honest and reasonable man based upon reasonable grounds, and that the Income Tax Officer may &1 reasonableness and non-arbitrariness pervade the entire constitutional scheme as a golden thread running
on direct or ctrcumstantial evidence. but not on a mere suspicion. through the whole of the fabric of the Constitution.

8) Acting in the wrong manner or wav Where the challenge is not of a unreasonable classification, but only of arbitrariness under Article
Besides on the grounds specified above, admini strative action may also be attacked on the ground that 14, the Proportionality principle will not apply, and the test of Wednesburry Reasonableness will apply,
while takmg such action certain procedure is not fo llowed. this was held m Om Kumar vis. Union of India, AIR 2000 SC 3689: (200 /) 2 SCC 386. In Ibis case, the
ln such cases, the grounds of anack are as fo llows: question of applicability of Proportionality principle in matters affecting fundamental rights was left open.
a) There are mandatory pre-conditions prescribed in the Statute for exercisin th • . . ~
and such pre-conditions are not fulfilled; g e admm1strat1ve powe . . _Proportionality principle is not applicable in judging the appropriateness of punishment imposed
b) Delegating power to another authority which is not permitted under . . •. ~n disciplmary proceedings and the test of Wednesburry Reasonableness applies. But this spirit of the
1
of power by the concerned authority Therefore the . he Statute, there 1s the abd1cauo, octnne may be applied in appropriate cases. As observed by Justice Dharmadhikari the concept of
the authority is null and void; · ' exercise of such power (i.e. power to delegate) b) reasonableness defies defmition and the functional conceptual implication of reasonabl~ness is that it is
c) The Statute requires that, reasonable opportunity sh Id b . ano th er word used for public policy and the test of reasonableness is nothing substantially different from
opponunity is not given to the concerned party - ou e given to the concerned party. When sud social engmeering balancing of interests or any of the other formulas wh ich modem sociological theories
1
justice. ln sucb a case, the action of the admini '~ a_mounts 10. fa ilure to follow the principles ofnaturt suggest as an answer to the problem of judicial function.
s at1 ve authority becomes null and void.
l&!iclusion:
 36. A uthor- Pro f; Pmka.,·t, K 111 '!"""""
, ,, , ~
Whil e concluding, il may be stated that. the exercise of admm1 slrnt1 ve d1 sc ret1 011 ca n be supervi
by the courts on the basis of merits of the dec ision. Fonnulati on of the poli cy and execut ion lh ercor is scd
exclusive function of the administration. However. the di screti on can be challenged on the ground that the
same is exercised improperly or illegally. ln other words. such exercise of the aulhonty 1s 11ilra-vi,-e_1.~he
- 37. A uthor Prof; Prakash K. Mokcil.
. in
Delegated leg islati on. th us, is a legislation made by a body or a person other than the sovereign
ra rliamcnl by virtu e of powers co nfe rred by such sovereign under the statute.

can be rendered invalid. 11d Similarly "delegated leg islation" may also be defin ed as - _ _
"When tlic fun ction of legislation is _entrustc~. lo organs other than 1,1:e legislature by the Legislature itsel f.
Thus, the judicial authorities can still exercise the contro l over the administrati ve authorities I· islation made by such organs 1s ca lled delega ted leg1sltaiton . _
th e eg Any organ or auth ority subordinate to leg islature or oth er than legislature. has been assigned the
agencie_s in relation to th~ di scretionary powers confen ed upon them by the _S_tatulc. Th(s supports 1:;
contention that the di scretionary powers confe1Ted on the adn11111 stra11 ve authorities arc subj ect lo scrui· function to make l_egis_lat ion by the legislature _1tsc_lf, and when such organ or authori ty makes the
' " IO)
of tbc court of law. - 1 tion such lcg1slal1on 1s ca ll ed delegated leg1slat1 on.
lcgis a Ac~ord ing to Jai n and Jain ("Principles of Admin istrative Law Vo l. I (200 7). the Lenn "delegated
le islation" is used in two senses : I)_exercise by a subordinale agency of the legislative power de legat_ed
gt
1 by the legislature, or 2) the subsidiary rules themse lves which arc made by the subord mate authonty
:~ ursuance of the power conforred on it by the leg islature. _ _ _ _ _
QJ2...;_ Define Delegated Legislation and explain the factors leading to the growth of p In its first application, 1t means that the authori ty making the leg1slat1on 1s subordmate to lhe
Delegated Legislation. - lature. The leg islati ve powers are exercised by an authority other than the legislature in exercise of
1
? 'sowers delegated or confe rred on them by the legislature itse lf. This is also known as _"subordm ate
OR ; iei~ation", because th e powers of the authority which makes it are limited by the statute which conte1Ted
What is delegated legislation ? Explain delegated legislation with reference to leading t~: power and consequently, it is va lid insofar as it keeps with in those limits. _
case laws {Apr.2001; Apr.2008; Nov.2008; Nov.2009; Apr.2016/. In its second connototati on, "delegated leg islation" means and includes all rules. regul ations. bye-
OR laws orders, etc. For example, the Indian Inco me Tax Act, 196 1 empowers the Board to make ru les "for
Write a short note on : ca~ing out the purposes of the Act and for the ascerta inment and detenn ination of any class or in come".
The statute enacted by the legislature confening the legislative power upon the execu ti ve is known
Delegated Legislation [Nov.2015/.
as the "parent Act" or "primary law", and the rules, regulati ons. bye-l aws, orders. etc. made by the
executive in pursuance of the legislati ve powers confened by the leg islature are known as subordinate
Answer: laws or subsidiary laws or the "child leg islation".
The tenn "delegated legislation'" is difficult to explain with precise and exact definiti on. In the
common parlance. "delegated legislation" means, the law made by a department or administratil'e Reasons or factors for growth of delegated legislation :
authority which has been delegated legislative power by the Legislature under some Statute. In other
(Importance of delegated legislation)
words, the executive authority making the legislation is subordinate to the legislature. Such authority is
The reasons or factors whi ch are responsible for the growth of delegated legislation ca n be summari sed as
empowered by the Legislature under some Statute to legislate or to make laws.
under -
When such authority makes laws under some Statutes, the law made by such authority within the I) Flexibility :
fra mework of the Statute is called "delegated legislation".
Flexibility of the delegated legislation is an important fac tor or reaso n fo r th e growth or del egated
legislation. Delegated legislation is more fl exible than the Statu te legislation. because, the laws made by
Definitions of "delegated legislation" : the executive authori ty in the fo rm of rules, regulations. bye-laws can be eas ily changed by them ii' a
situation demands, but the laws made by the legislature cannot be changed easily. as th e change in la w
Salmond-
requires compliance of the prescribed procedure.
~ ording to Salmond, "delegated legislation" ~ eans, a legislation which proceeds from any
authonty other than the supreme power, and such authority 1s dependent for its continued existence and In other words, the legislati ve amendment is very slow and a time co nsuming process. On the
validity upon the supreme power or supreme authority. other hand, the delegated leg islation can be amended eas ily without compliance of any strict or prescribed
Mukharjee J. - procedure. In fac t, in emergency situati on. del egated leg islation becomes use ful and llexib lc.
Justice Mukharjee _critically comments on _the delegated legislation. Accordin to Justice 2) Technicality :
Mukharj ee "delegated leg1slanon 1s such an expression which includes ab d f g . d ·, Tec_hnica lity is another importan t fa ctor or reaso n fo r 1hc grow th of de legated lcg isla1ion. When lhc
' - - un ance o confusion an 1
works as an excuse for the leg1s 1ators, protection for the administrators d fi . h
constitutional jurists". an an act or provokmg I e subj ect matter of legislat ion is technica l in nature, the perso n dea lin g with such subject matt er 11111st be
Wllh sound and adeq uate tec hni ca l qualifi cati on, experien ce and knowledge. The lcgislalors who arc the
In a simple language, when the executive _authority which is subordina _ , . r~~sons of common rrudencc, cannot be expec ted _10 have suc h technica l qua li fi cat ion, ~-~pcricncc an d
power, makes the law m the forin of rules, regu lations, bye-laws h _le to supreme or sovereign wledge, and therefore, th ey arc req uired to ava il the ass istance ol tec hnica l experts. I he lcg1sla1,,,-,
legislation". ' t en such lcgislat1 on is called "delega ted ~nay be best politi cians, but th ey cannot be best experts to deal with technica l subject matter whi ch 11111 , 1
e handled by ex perts, The executive authority rela ting to a sr ccilic field has micq11a1c 1cch11 1r:1 I
,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____:3~8!:.·-----"-'A"'u"'tl.,_,w'-'-r_---'l'--''r'-""'.1'•'--'
· P~r~ar.{!k!!.,!ai·l ,....- ._~&:JI••----

--
. I I· . I . . , /(, A1oi Author Pr(l f. Prakash K. Jl,[(lkal.
39.
knowledge to deal with the technical nature of subject matter upon w 11 c 1 eg rs atron is requ ·
done. · ' rrcu 10 I,
cice:ation in favour of local authorities : ..
A) Q_... I a,rthoriti cs include l\llunicrpahtr cs. Panc hayats and Local Boards. These local authontles
3) Experimental Experience :
heThe 1=
democratic . arc managed and cont ro ll ed by _elected representat ·ives of the pe_o pIe.
instituti ons whrch
This factor or reason fo r the growth of delegated legislation enables the executive authorit
10 arc t These loca l authoriti es are suborchnalc rn nature. Local authontr cs can be regarded as sub-d1 v1s1ons
experiment. This experimental experience allows the implementation of necessary change r, y Ilia\
a encies ass igned with th e work of c_xe rc1srng the part of Governm ent affairs or part offunct1on s of the
the provisions. The executive authority may conduct some experiment relating to its fieldor apPlrin
or ' g Tliese loca l authontr es are required to carry out va ri ous statutory functions requmng money for
• •
Cxpenment · I1e app 11·cat1on
w1·11 ena ble the executive authority 10 bring changes mt · of the provis ·' anu s~It State.
rons. f, ance of such statutory f unctr.ons.
4) Emergency Situation : per or~\ uch situati on, the loca l au th orities have been empowered lo impose taxes, _collect taxes. Such
TI1e delegated legislation is _the most u_seful legislation during the period of emergency, because . dele ation to co llect and impose taxes must only be used fo r the purposes mentroned m the Statute under
the Um_e of emergency, a qwck acl!on 1s necessary. In other words, delegated legislation prov·d wh i;h such loca l authorities ha ve been delegated_th e _power_to make rules, regul atwns and buy laws.
I ' du~,1
and qmck solutmn to meet the situation. On the other hand, the legislative process is not gu I·t es Urgeri There is also a very lrbera_l attitude adopted by the Jud1c1ary wrlh regard to de legatwn of leg1slat1 ve power
rcqm red. dunn~
· th e emergency to meet any unforeseen and unexpected situation, because thee prorn in favour of loca l auth ont1es.
1 • Pl ~
process is reqmred to follow the standard procedure, whether it is emergency situation or n' t egisla1i1i
B) Delegation in Taxing Legislation : .
wh , th Therefore. delegated legislation is considered to be most convenient and possible ~~ed . It is one of the important kind or type of delegated legislat ion under Arti cle 265 of the Constit11t1on
siiJ ·ti e ~xerntive auth_onties are vested and empowered with special and wide powers 10 d ( Thisi of India. The power to impose tax is a legislative function , and therefore, tax can be levied or collected
epi;e;n unng_th e penod of emergency. Similarly, in a situation such as floods , economic e; WJth_i~ only by authority of law and the term "Law" used in the "authority of law'' means, law enacted by the
and sue~:~~:~ it is bnecesslaI)' to tackle such situation with immediate, fast and prompt remed?;ess,o~ Legislature and not that law in the form of rul es, regulati ons, bye-laws, made by the executive authority.
can e easi Ytaken by the delegated legislation. a actroo However, if the legislati ve policy is made, accordingly the power to fix a rate of tax may be
S) Insufficient Time : delegated to the executive authority. The tax ing legislation must be strictly construed. Whenever the
This is also one of the important factors or provisions of taxing Statute are ambiguous or not clear, the interpretation of such taxing Statute must be
msufficient time. the legislature is not able to d~:asons i{o~ the growth of delegated legislation. Due lo in favour of the assessee.
has to formulate a general policy in the form of s~~~:t~n t e m_atters m details. As a_ result, the legislature
the details. The executive authority is w II . d ' and it IS left to the executive authority to fill • C) Conditional delegated legislation :
about the local needs of the society It is ~/qi1ppe with the knowledge and experience and also aw/ Conditional delegated legislation means, when a Statute which provides control, but the same
the local needs of the society to render the la:~ ::d
e~s\hfor the delegated legislation to take into accoun:
e Y em more useful and beneficiary.
Statute can be put into effect only if a given administrati ve authority fulfils the conditi on spec ified in that
Statute. In this kind or type of legislation, the law is enacted by the Legislature. Such law enacted by the
Legislature which is complete and full and clear in all respects. but the law is not put into force and it is
left to the executive authority to put such law into fo rce or put into operation subject to fulfilment of some
condition. In such situation, it is known as conditional delegated legi slati on.
fl:..11...i. Explain the delegated legislation o· . In other words, the legislation enacted by the Legislature depends upon the fulfilm ent of some
legislation. State its importance in welfare .sta~:c;;::.~:~~~nt forms/types of delegated c@d1hons for putting the same into force or operation at the initiation of the executi ve authority. Such
1 leg1sla1Ion 1s called "conditional delegated legislati on...
OR •
Write short notes on : -
D) Sub-delegation :
a) Sub-delegation /Apr.2002; Oct.2002]. . The term "sub-legislation" means, when a Statute confers some leg islative power on an executi ve
b) Henry VIII Clause /Apr.2002· Oct.2002· A authonty, and such executive authority further delegates the powers conferred on such executive authority
c) Conditional legislation /Apr.ioo7; Nov.io/~-2007; Nov.2007/. und er a Statute to another subordinate authority, such delegation is called sub-delegation In other words
d) Forms of delegation /Nov.2010/. . m Sub-delegation, a delegate further delegates the powers conferred. · '
Example:
Answer:
G Essential Commodities Act, 1955 is an important examp le of sub-delegation. The Central
It may be noted that, the nature and scope of del . . ~v:~em is empowered under Section 3 of this Act to make rules. This is the first stage delegation of
However, delegated legislation may be broadly classi~!~ted legisfation changes fr
Th . into cenam cate . om Statute to Stan1te. 8' - e egal!on. The Central Government is empowered to del egate its power to its office the State
ovemment
e vanous types or various kinds of delegated I • 1 . gones. forther dele 'and the ir
· O fficers· ..Th·is is
· the sewnd stage delegat_ion of sub-delegation, and if the
' power is
a) Delegation in favour of local authorities. egis ation legislation are . gated by the State to us officers, this wou ld be the tlurd stage delegation i.e. (sub-delegati on).
b) Delegation in taxing legislation. summansed as under _
Necessit~
c) Conditional delegated legislation. The
d) Sub-delegation. i) p necess itY is
· to be supported on the tollowmg
- . gro unds -
ii) Sower
b of dele. g,i. 1·JOn has the power ot. sub-delegation.
.
u -delegatwn is inclusive of delegated legislation.
 40. Author - Pm.' l'rak".l'h t,;, Af
·~Q( 4 1. A uthor Pro f. Prakash K. Mokal.
Case Law: .. m~
- - 1 d ihc Na lional Insura nce Act. 196 1 empowered the Insurance Commissioners .
Dwarka Prasad 11/s. Central Talkies, AIR. 1961 S.C. 606 - . .In Eng, tanthey· though! necessa ry and expedi.ent 1f • ny d"f~
1 ,, cu Ity ari·ses
.. m· bringmg the Act mto
In this case. the U.P. (temporary) Control of Rent and Eviction Ad provided th at, thcpcr111issi~ anyth ing t~,.,d
11
for thl purpose, modi fy the prov isions of the Act itse lf. . . .
of District Magistrate or any other person authorized by him. 1s nccessmy lo file a Slllt unde, tl11s Act. " opcra uon, " . VIII Clause lype of delegated legislation is not valid. There 1s no statute containmg
1
This case refers to sub-delegation. because. the Statute itself authorises the adnm 11strativc authority N?w in}:1 : ~1~; :t:n. The ~upreme Court of India quashed such type of delegation in the case of Jedan
sub-delegate its power. 11 1lus iyp C0 111/?any vis. Mill Mazdoor Union, AIR 1967 SC 497.
Tradmg
Allingham 1•/s. Minister of Agriculture, (1948/ All E.R. 780- . . ~==""'""'""'""'""'_.._.._.._.._.._.........................................................................................................
In this case. the Committee was empowered by the Minister of _Agncu ltur; to issue directio~ =
However, tl1e powers to issue direction was sub-delegated by the. Co1111111ttee to !Is subordmate offic~
who issued the direction. The direction issued by such subordmate officer was cha llenged. 11 IV~ Q..11_;. Explain the classification of delegated leg islation.
observed by the court that. it was permissible to sub-delegate power_to 1ssue_direct1on, because'. there IV~
not any provision to this effect in the Act. Therefore. the sub-delegat10n III tl11s case was ultra v1res. Answer:
Delegation in Taxing Legislation : Classification of delegated legislation _: . . .
It is one of the important kind or type of delegated legislation under Article 265 of the ConstitutiOJJ The delegated legislati@ has _been class, fied mto the foll owmg categories -
of India. The power to impose tax is a legislative function , and therefore, tax can be levied or collected a) Title based class1ficat1on ;
only by authority of law and the term "Law" used in the "authority of law" means, law enacted by the b) Purpose based class1fi_cat10n;
Legislature and not that law in the form of rules, regulations, bye-laws, made by the executive authority. c) Authority based class1_ficatwn ;
However, if the legislative policy is made, accordingly, the power to fix a rate of tax may be d) Discretion based class1ficat10n.
delegated to the executive authority. The taxing legislation must be strictly constmed. Whenever the
I) Title based classification of delegated legislation : . . ,. . . . .
provisions of taxing Statute are ambiguous or not clear, the interpretation of such taxing Statute must be
in favour of the assessee. Delegated legislation is class ified as the " title based class1ficat10n when the delegated leg1slat1on 1s m
the fonn of mies, regulations, notifications, bye-laws, orders, ordmances. d1rect10ns, schemes,_ etc.
In this kind of delegated legislation, there is a delegation of power from one executive authority lo
Title based classification of delegated legislation goes_accord mg to the name of the rules, regulations,
another subordinate authority. In other words, when a Statute provides some legislative powers to the
bye-laws, schemes, notifications, orders, ordmances, d1.rect10ns. etc.
executive authority and such executive authority further delegates those powers conferred upon it by the
Statute to another subordinate authority or agency, such delegation is known as "Sub- delegation". 2) Purpose based classification of delegated legislation : . . .
When the classification of delegated leg1slatton 1s based on the nature, and ex tent of power wb1 ch 1s
E) Henrv VIII Clause :
conferred upon the administrative authority, and the purpose fo r which such power co_nferred upon the
Henry VIJJ Clause in relation to delegated legislation means that, the executive is empowered lo administrative authority is to be exercised, such class ification of delegated leg1slat1on 1s known as
vary the provisions of the Act itself. Henry VIII Clause is also called as "exceptional delegation". "Purpose based classification". .
The expression 'Henry VIII Clause ' refers to ' Executive Authority'. Generally, any Legislature This form of classification of delegated legislation includes fixing appointed day by the executi ve,
while delegating its law making power to the Executive, does not confer power to amend or vary the
administrative authority for the purpose of bringing an Act into operation, for supply of deta ils,
parent Act. But if the clause is inserted to confer such power to change the existing Jaw, such delegated
extending the provisions of the Act to other areas, excluding certain area from operation of the Act for
legislation is known as Henry Vlll Clause type of delegated legislation.
the purpose of suspend ing or modifying the provisions of the Act. In other words, the act1 v1t1es carried
Under th.is clause, very wide powers are given to the administrative agencies. out by the administrative authorities are confined to some purpose, it is known as purpose based
A few examples of Henry Vlll clause types of delegated legislations are found in Sections 120 and classification of delegated legislation.
J28 of the State Reorganisations Act, I 956, which authorises the appropriate Government to make
3) Authority based classification of deleoated le 0 islation :
changes in the existing law to facilitate its apphcation to any new formed State .. ... Henry VIII was
3 When a Statute provides tbe power to the executi ve authority to delegate powers conferred upon such
Monarch of England from 1509 to 1547, b_ut he was _regarded _as impersonation of executive autocracy.
During his regime, he faced numerous d1fficult1es m enforcing his will. To remove difficulties he executive authority to other subordinate authority. such delegation is kaown as sub- delegation and
assumed all powers of legi slature w1tb h11n . , such sub-delegation is based upon the authority conferred upon the executi ve authori ty by some
Statutes, in such situation, it is called authority based classification of delegated legislation.
The main object of the Henry VJII Clause of delegated legislation is to remove . . .
King Henry the Vlllth succeeed in removmg all the d1fficulties in the enforcement f hcerta;n d1fficult1es. 4) Discretion based classification of delegated legislation :
to this type of delegation, e.g. National Insurance Act, 19 I I in England The He o is w1 I by resorting_ When an executive authority is empowered to put into operation any law if some relevant conditions
delegated legislation should be conferred on the executive only in the exc ~ry
difficulties .
ym
Clause type ol
ep iona caces to remove
are fulfilled, or when the implementation or operation of any Act depends upon the di scretion of the
executive authority which has been authorised under some Statute, such legislation is known as
conditional or conti ngent legislation, and therefore, it is called "discretion based classification of
delegated legislation".
I

--
42. A 11/hor - I'm . l'raka.l'h K. Mokqt. ► Author PmC Prakash K. Mokul.
43.
!!:.....11....i Define delegated legislation and Explain Legislative and Parliamenta'ti, ing on the Table : .
control over delegated legislation {Apr.2013/. Al~ is one of the important modes of exercising legis lative or Parliamentary control over delegated
OR islation. "Laying on the Tab le.. means, the rules. regul at ions and bye-laws made by the executive or
leg .. trati vc auth ority under some Statute must be placed on the tab le of the House. .
Write short notes on : ad inin\l;is "Laying on the Table" may mean vari ous things, such as'. communication or in formati on of
a) Legislative control of delegated legislation /Apr.2005; Nov.2005; Apr.20l if. e rules to the Parl iament. It may also mean that the delegated leg1 slat1on ceases to ha~e effect, if a
b) Parliamentary control over delegated legislation /Apr.2000; Apr.2009,· Noi•.2012/. th - passed by the House d1 sapprovmg 1t, or 11 also means the non-compliance of lay mg before the
ieso 1u1I011 dI . I . . I'd
able renders the delegate eg1s at10n as mva 1 . . . . . . ..
Answer: t, ' "Laying on the Table" works as "safety valve" through which leg1slat1ve exerci ses superv1 s1on,
The tenn "delegated legislation .. is difficult to define with precise and exact ~efinition. In the_comin 00 ro er and adeq uate control and checks over rule mak ing power of exewt_ive authority. It also establishes
parlance. '"delegated legislation" means. the law made by a department or admm1strat1ve authonty Which P p n.d constant contact between de legated leg1slat1ve power and admm1strat1on.
c1ose a
has been delegated legislative power by the legislature under some Statute. In other_words, the executive
Laving on the Table serves the followin g two purposes : . . . .. .
authority making the legislation is subordinate to the legislature. Such authority is empowered by the I) It provides information to the_ legislature regardmg the leg1slat1on made by the executi ve authonl!es m
legislature under some Statute to legislate or to make laws. When such authority makes laws under son,e
the exercise of del egated leg1slat1ve power. _ . .
Statute. the law made by such authority within the framework of the Statute is called "delegated ) gives an opportunity to the legislators to challenge the leg1sla11on already made by the executi ve
legislation·•. 2 11
authorities or also to question and challenge the legislation which is proposed to be made b~ the executi ve
Definitions of "delegated legislation" : authorities.
Salmond- B) Scrutiny Committees :
According to Salmond. "delegated legislation·· means, a legislation which proceeds from any authority It is another important mode of exercising legislative or parliamentary control over delegated
other than the supreme power, and such authority is dependent for its continued existence and validity legislation. It is necessary that, the legislations made by the exec utive authority are required to be studied,
upon the supreme power. scrutinised properly to ascertain and ensure the validity and propriety i.e. fairness , properness of such
legislation. Such validity and propriety of legislation made by executi ve authorities under some Statute is
Mukharjee J. - studied and scrutinised by the Scrutiny Committee, and therefore, in order to strengthen the legislati ve or
Justice Mukharjee critically comments on the delegated legislation. parliamentary control over the delegated legislation Scrutiny Committees are establi shed.
According to Justice Mukharjee, "delegated legislation" is such an expression which includes
abundance of confusion and it works as an excuse for the legislators protection for the admini strators and The following two scrutiny Committees are established in India -
an act for provokine the constitutional jurists. i) The Lok Sabha Committee on Subordinate Legislation.
ii) The Rajya Sabha Committee on Subordinate Legislation.
In a simple language, when the executive authodty which is subordinate to supreme or sovereign The above Committees viz. Lok Sabha Committee and Rajya Sabha Comm ittee exercise
power, makes the law m the forms of rules, regulal!ons, bye-laws, then such legislation is called legislative or Parliamentary control over the delegated legislation.
"'delegated legislation".
"Scrutiny Committee" serves the following purposes -
Similarly, "delegated legislation·· may also be defined as - i) It scrutinises and reports to the respective House regarding proper compliance and exercise of
"Any organ or authority subordinate to legislature or other than legislature has been assigned the function powers by the executive authorities conferred by some Statute or by the ConstiMion or delegated
of !eg1slat10n by the leg1slature aself a,?d when such organ or authority makes the legislation such by Legislature or Parliament.
leg1slat1on 1s called ·'delegated leg1slat1on . ii) It exercises and ensures legislative and parliamentary control over the delegated legislation by
Legislative Control or Parliamentary Control over delegated legislation : actmg as watch-dogs.
w
It is the duty of the Legislature ascertain and ensure that the powers are ro erl
the admini strative authori ty or executive authority to which the powe h
.
bP P Y exercised by
iii) It avoids infringement or violation of the Statute or Constitution by making timely and
appropriately intervention by scrutinising the legislation made or legislation proposed to be made.
legislature. rs ave een delegated by the
C) Debates·
The object of legislative contrnl or parliamentary control is t0 . .~ lso an important mode of exercising leg islative or parliamentary control over delegated
exercise of delegated powers and to keep watch over such execut· supervise and control the actual 1eghislatmn. In fact, debate is the common method which is used not on ly for delegated legislation but am
· •ve or administrat' h ·
avoid abusive and unwarranted use bY IIie executive or adm inistrat'1ve aut honty.
. ive aut onty and to ot er matter. .
Modes or Types of Legislative or Parliamentary Control : The legislative or parliament contro l over delegated legislation by means of debates is exercisc:-d as
un der -
a) Laying on the Table; i)
b) Scrutiny Committee; The statutory provisions in connection with the delegated legislation are fully discussed :ind
debated.
c) Debates. ii)
The debates include placing and rais ing question relating to delegated legislation b) an)
member of the Legislature or the Parliament.
 -
44. A11tht1r - I'm : l'mka.th I<. M
"111 45. Author I'm[ l'r11k11.1·/, K. Mok11/.
iii) The debates mdudc reso lut ion ,,r 11101i on moved \cw immedi alc att cnl ion .o r !he I iou,c by
1 No csse nti11\ legislation power can he delccat ctl : . .
member of Lcl!islaturr or Parliament m ro nn,·cti on with dl'iq;atcd k g1slal'.ou.. 1
) - llnporlan l princip le evolved by the JUd1c1ary !hat. the Legislature can not ddcga le ,ts .essential
h-) s
The debntc~ i;cludc an attempt 111th the hl'i p .,r the ll ill fo r seek ing modili ca ti on in !he 1, 1
functions 10 any exccu ll ve ,wl hon ty or agency of 1hc Government. Suc h dclcga ll on is unconst1tut1 onal.
under which the exrcutivc authoriti,·s arc cmp<1wcrcd to nrnk c mks. regulations and byc.1%; The de lega lion is challenged 111 !he courl on lhe gro und !hat 11 1s uncons111u11 ona l.

~ e Law:
Re Defltila wJ Act, AIR.1951 S: C. 332 _ . .
O. 14 : What is delegated kgislation ? Explain the Judicial control over th, This case sta nds as an ap.propnate .exa mp le of !he po1111 .,hat, no c%cn11a\ leg1sla11on power 1~ to .be
d aied. Thi s case perta111s to a s1tuat1on where !he \cg,s\aturc has delegated ,ts csscnlla l legis la11 ve
delegated legislation. /Apr.1005: Nov.2006; Apr.2009; Nov.20/0; May,2012; Apr.201 4, I
e egr to an ou1side executive au 1hori 1y or an agency. According to the Statute under which thal ex ecuti ve
powc , . . .
Apr.2015: Apr.2016/. ' rity or agency had been de legated leg1sla11 ve powers, such cxccu 11 vc authority or agency was
OR au tiJOowered to abrogate or repea l the said Statute itself. In fact , abroga1 111g,
.
repea 111g or cI1ang111g
1· . Ihe
1
Deline delegated legislation and explain its constitutionality /Nm•.2005; Apr.2006/. ~i'~~ute is the essenti al function of the leg islature. It was held 1ha1. if the law whic h is passed wi thin the
OR ,islativc power or capacity may violate fundame nlal nght th rough delegated lcg1s\at1on. In such
1
s~~ati on, the law, as we ll as, delegated leg isla11on. both are unconsti tuti onal.
Discuss the adYantages and disadvantages of delegated legislation / Apr.200);
Apr.2004/. 2) No excessive delcgati.on : . . _ . .
OR Excessive delega tion comes into ex istence when the excc u11 vc authonty or agency lo whi ch th e
"Delegated Legislation is a necessary evil" - Explain /Oct.2002; Apr.2003; Nov.2007; powers have been delegated under some Statute, may make an excessive use of such power. The
Nov.2011/. excessive use of power causes infr ingement or vio lation or fundamental right. In , uch siluation the law as
well as the delegated legislati on both arc unconstitutional.
Answer: Case Law :
It is a common feat ure to be observed that legislati ve powers are delegated to th e executire
authority by the Legislature. and the possibility of eminent and inherent danger of abuse or 1110/a-fldi Dwaraka Prasad vis. State o{ U.P. AIR. /954 S. C. 224-
application of such powers by the executive authorities cannot be ruled out. In other words, inhereru The Government of State of U. P. passed certain rules under Sec tion 3 of the Essential Supplies
danger of abuse of such powers exists. Therefore, the need of controlling the delegati on of powe11, (Temporary Powers) Act, 1946. These Rules passed under Sect ion 3 of the said Act, came up for question
acquires importance in the forn1 of control over such delegated legislation. before the Supreme Court . According to Rule 3 (I) of the U.P. Coal Control Order (which was issued
under the said Act}, no one is authorised to carry on coal business except under a licence. However, Rule
Control of delegated legislation means. restrictions placed upon the delegated leg islation in the fmrn 3 (2) (b) provided that the coal controller is authorised to exempt any person from 1he requi rement of such
of legislative control or judicial control or other control over the delegated legislation. a licence. It was held that, the Rules were unconstitut ional. because. arbitrary power was given to the
executive for granting exemption. It was violative of the fu ndamental righ t under Amcle 19 ( \) (b).
Judicial control over delegated legislation:
When the courts exercise control over tl1e delegated legislation it is commonly called as judici~ A;a,, Kumar vis. U11io11 of/mli11
control over the delegated legislauon. In otlier words, the courts decide and examine the va lidity a~ In this case, a general insurance scheme was passed under the General Insurance Business Noti fi cation
propnety. (1.e. pro per. JUSl. and fair) of delegated legislation, because, the delegated legislation is withia Act, 1972. The general insurance scheme was pertaining to rationalisation of revision of pay scales and
the ambu of.1 ud1c1a\ review. other conditions of service of the superv isory staff. The memorand um about the delegated legislat ion
W. hile controlling attached with the Bill, provided fo r framing of scheme fo r the merger or amalgamation of insurance
. . . . delegated .leg,.slati on, the judiciary has conie Out w1'ti1 certam
· pnnc1ples
• • T11e mos1
nnportant pnnc1ple 1s that. Legislature should not delegate its essenti al functions to an · executire companies. The scheme passed was not related with the merger or amalgamatio n of insurance companies.
authonty or agency of tl1e Government. Such delegation would b • . y . h It was held that, framing of scheme is unrelated and beyond the capacity of the executi ve. Therefore, it is
Powers delegated may. be constitut ional· but th e executi•ve authority . e unconStttutlonal. Sometuncs, t e an example of excess ive delegation.
or age . . . 1 re
been delegated under some Statute 111 3)' make . ncy to w111 c11 the powers 1a
an excessive use of s I1 · d I'
infringement or violation of fundamental rights. uc power which may lea ' 3) Uitra-vires :
The tenn '11/tm-vires' means, 'beyond the power'. ' Ulm,· means 'beyond' and ' vires' means, ' power'.
The 'udiciarv exercises control over dele ated le isl I' When delegated legislation goes beyond the Statute, it becomes ·11/tra-vires' .
i) No cssen1ial legislation power can be dele ,:t;~n on th e basis of the followin
ii) No excessive delegation: g '
The Court can dec ide and examine the validi ty of dd egated legislation on the fo llowing two tests -
iii) 'U ltra-vires -
11) Substanti ve ultra-v ires.
a) substanti ve ul LTa-vires;
b) procedural ullra-vires. b) Procedural ultra-vircs.
f 46. Author- Prof. Prakash
~
I(, At
47. A uthor Prof. Prakash/\. M unuo.

A) Substantive ultra-vires : . b ond the scope ambit of the nuthority given unct - s and property. However, the executi ve authority made certain rules forbidding the
th delegated legislation goes ey · , d . er p·1sscnger · w1·th111
· certamspec1fied
· · · · · I r11rnt
· of ano ti1er ~ erry.
It means th at, e . . · Id - t t beyond the power granted or con, crre to II under 11,, ·;~blishment or pri vate ferries distance from the temtona
Statute. The executive authonty s1mu no ac so¾ e~,e vali dity of such ru le made by the executi ve authority was cha llenged. It was held by the Court that,
Statute. T s ,n·ide by the execut ive authority were beyond the ambit of the delegated power to the executive
the ru Ie ' .
. . . . valid on the ground of substantive ulfra•vircs ; authority. and therefore, such ru les were 11/1ra-v1res.
Delegated legislation is m h d ted legislation is held to be invalid on the ground of subst .
In the foll o\\~ng s1tuat1on. t e eIega - ant11., MC G.D. vh. Nagpal Pri11ti11g Mills, AIR. /988 S.C. 526 - _ _
ultra-vires - ~-is case, the Muni cipal Corporation was authorised to i":'pose tax _onl y in connectton with the supply
a) If the parent Act is unconstitutional- . of water and consumption_of the same_ by _the consumer. rhe Mum c1pal Corporation framed the rule
. t· ·s not in accordance with the parent Act, or the Statute under which
If the delegated 1e21s1a ion 1
. .
. . . .
. •' , rred upon the executive autbonty, the delegated leg1slat1on 1s 11/tra-vire
I~ charging on the basis of mmunum quantity, 1rrespect1ve of _the consumption of water by the consumer. H
leg1slauve power 1s con,e · . . . . s a~ was held by the Supreme Court that, the rul e regarding minimum quant ity. 1rrespect1ve of consumption 1s
,
there,ore. th e deIegated leoislation becomes mvahd and unconst1tut1onal. If the parent Act or the~ St h.
e· . . . ultra-vires the prov1s1ons of the parent Act.
itself is ultra-l'ires the Constitution. the delegated leg1slallon also automatically becomes bad.
d) [fthe delegated legislation is unreasonable and mala-fide -
Case Law: TI e Court may declare delegated legislation as u//ra-vires on the ground of unreasonableness and mala-
fi]e. When the executive authority does not exercise the legislati ve power reasonably and with bona-fide
Chi11tamanrao 1•/s. State ofM. P., AIR 1951 S.C. I 18-
ln this case, the Dy. Commissioner was empowered to prohibit the manufacturing of bidis in certain ar i~tention and attempts, th e delegated legislation, in such situation, becomes ultra- vires.
during certain period under the parent Act. Accordingly, when the Dy. Commissioner passed the ordea
Case Law:
under the parent Act such order is held invalid, because, the parent Act under which the order made:
the Dy. Commissioner. was in violation of the fundamental. right to carry on any trade, business ~ Shivdev Singh vis. State of Punjab, AIR. 1963 S.C. 365
occupation guaranteed under Article 19 (I) (g) of the Constttul!on of India. Therefore, the order passedi; In this case, the Pepsis Tenancy and Agricultural Land Act, 1955 was in existence, and under the said Act,
11/tra-vires. the State Government framed certain rules These rules were challenged on the grounds that standards of
yields prescribed in the Schedule provided under the Act were unreasonable. unattained and arbitrary. It
b) If the delegated legislation is unconstitutional - was held by the Supreme Court that, rules framed by the State Government were unreasonable and mala-
Even though the parent Act or the Statute under which legislative power bas been delegated to the fide, and therefore, u/tra-vires.
executive authority, may be constitutional, and therefore, the delegated legislation may be valid and
consistent with the parent Act or the Statute, yet, sometimes, if the delegated legislation violates B) Procedural ultra-vires :
contravenes or is contradictory to the provisions of the Constitution, such delegated legislation can~ The simple meaning of procedural u//ra-vires is that, when there is a failure on the part of delegated
considered and regarded as invalid, and therefore, unconstitutional. legislation to comply with or to fo llow certain procedural requirements prescribed by the parent Act or the
Statute was known as procedural u//ra-vires. In other words, when the delegated legislation fa ils to fo llow
Case Law: certain procedure or certain procedural requirements prescribed by the parent Act, it is called as
Narendrakumar vis. Unio11 of/ndia "procedural ultra-vires". When the parent Act demands that, while framing rules, regulations and by-laws
In this case, under Section 3 of the Essential Commodities Act, 1955 non-ferrous metal control order w~
under the parent Act, the executive authority is required to fo llow certain procedure, such as, holding of
issued. The validity of this o_rder was challenged as unconstitutional. However, the validity of the parent consultation, publication of rules, regulations or by-laws, laying on the table of the House, etc., and if,
Act _1.e. Essential _Commod1_11es Act, .I955 was not challenged. It was argued on the behalf of the there is a failure to follow the requirements prescribed by the executi ve authority, it becomes invalid.
petitioners (1.e. Umon of India) that, smce the parent Act is not considered as unconstitutional the ord~ Effect of Ultra-vires act :
made under such_ parent Act should not be considered as unconstitutional. It was held by th~ Supreme If an act is 11/tra-vires, it means, such an action or an act is without jurisdiction, and therefore, it is null
Court that, even if the parent Ac_t may not be unconstitutional, but the delegated legislation made und~ and void. The act which is 11/tra-vires. cannot create any legal relationship and such an act does not carry
such pare~t _Act may be unconshtuHonal , and therefore, such delegated legislation is unconstitutional as any legal effects.
the same 1s m v10lat1on of the prov1s1ons of the Constitution.
Case Law:
c) lf the delegated_leg_islation is inconsistent with the parent Act_
If the delegated legislation 1s ulrra-vires, the parent Act or the Statute under · . · lohia Machines Ltd. vis. U11io11 of/11dia, AIR. /985 S.C. 43 1
given to the executive authority, such delegated legislatio . . which_the legislative power11
delegated legislation is inconsistent with the provisions of th n is considered as invalid, since the said In this case, it has been observed by the Supreme Court that, if the executive authority makes a rnle which
e parent Act or the enabling Statute is ?utside or beyond the scope and ambit of its legislative power, such rule is void, and once the rule is
Case Law: · void, 1t remains vo id irrespective of the fact whether it has been agreed or not.
Cl1a11dra Bali vis. R. AIR. 1952 All. 795
The executive authority was empowered to frame c .
The executive authonty was empowered t0 ertam rules under the "North . . ,,
make rules for the em 1ndia Ferries Act ·
purpose of ensuring order and safety of
--- 48. A uthor Pro. l'raka.,·I, K. Mokr,/,
49. A uthor Prof. Prakash K. MokaL
Q..lJ_;_ What are the characteristics of administrative tribunal '! Discuss the rcaso~
Private Arbit rator;
for its growth in India /Apr.2003: Apr.2004; Apr.2007; N,m2009; Apr.20,/ v i)
z onal Manager o f Life Insurance Corporation of India;
Nm•.2011:Apr.2014: Dec.2014/. , vii)
Ad visory Board under Preventi ve Detention Laws.
viii)
OR
\Vritc II short note on : Status of Tribunal : . . . . .
uder Article I36 of the Const ,tut,on of India, the Supreme Court IS empowered to grant special leave to
Administrative tribun:ils / Nm•.2007: No11.2008; Apr.2010; No11.20l l ; May,201 2,. n al from any judgement of tribunal. Under Arti cle 227 the High Court is empowered to exerci se the
Apr.2013: Nm•.2013/. appeer of superintendence ove r all tribunal s in the country. In short, the status of the tribunals is
powgnised by the Constituti on of India.
Answer: reco The Const ituti on (42"d Amendment) Act, 1976 made a prov ision fo r Article 323A and 323 B
Accord mg to the dictionary meaning. the lem1 " tribun al" means, "a seal or a Bench upon which authori sing the Parl iament to constitute Administrati ve Tribunals for settlement of disputes and
judge or judges sit in the Court". The lenn " lTibunal'' means, "Court of justice" . Thi s definition 0~ d'udicating certa in matters -
"Lribunal" is very "idc one. because. it includes within its meaning even the ordinary court of law. In ~) ~ Every tribunal comes into ex istence by the Act of Parliament and not by the Government.
fa ct. the term ''tribunal" is confined to adjudicating authority other than ordinary court of law. :i) Every tribunal does not deal with the cases in which the Government is the party, as some
While defining the tenn " tribunal" S. N. Jain observed that, the tenn "tribunal" is a name given to tribunals exercise the power of adjudicating disputes between private parties, such as, di sputes
, arious types of administrative bodies. These bodies are quasi-judicial and are bound to follow the rules between landlords and tenants, employers and employees , etc.
of natu ra l justice while determining or deciding th e issue entrusted to them. iii) Every tribunal is independent and is not subj ect to adm in istrative interference.
iv) Every decision given by such tribunal is judicial, rather than the administrative .
Case Law: In order to come within the meaning of a tribunal, it is necessary that such tribunal must derive its
power of adj udication from a Statute, and must not derive power from the agreement between the parties.
Durga Shankar Mehta vi'.<. Raglrurai Singh. AIR.• 1950 S.C. 188 -
"Domestic Tribunal" which comes into ex istence between the parties is designated as tribunal, but it is not
ln this case. the term "tribunal" has been defined by the Supreme Court. According to the Supreme Court
really tribunal, as it is understood in law, because, domestic tribun al is a private body set up by the
the term "tribunal" means. a body having judicial power of the State. However, the term "tribunal" used
agreement between the parties. According to Article 136 and 227 of the Constitution of India, the basic
in the Article 136 of the Constitution of Indi a does not confonn to the meaning of the Court or does not
test of a tribunal is that, it is an adjudicating authority (other than the Court), having judicial power of the
mean the same thing as "Court". The term "tribunal" includes within its scope and ambit of its meaning
State under a Statute.
all adjudi cating bodies constituted by the State, hav ing the judicial functions different from admini strative
or executive functions. Characteristics of Administrative Tribunal :
a) Every tribunal comes into existence by the Act of the Parliament. In other words, every tribunal is the
Bharat Bank vis. Emplol'ees. A IR .• 1950 S.C. 188 - creation of a Statute. Therefore, every tribunal which is created under a Statute, has a statutory origin.
In this case. while defining the term ·•tribunal", it was observed by the Supreme Court that, tribunals are
b) Every tribunal is independent and is not subject to administrative interference.
dressed in the trapping of a Court but the tribunals are not "Court". Even though, the tribunals exercise
c) Every tribunal is a body having judicial power of the State. The tribunal performs the judicial or
quasi-judicial functions. they are not considered as full-fl edged Courts. In other words, the term " tribunal"
quasi-judicial functions and such functions are different from the administrative or executi ve
means. a body which exercises inherent judicial powers of the State.
functions.
Authorities which are held to be tribunals : d) Every decision given by the tribunal is judicial decision rather than administrative decision.
i) Industri al Tribunal ; e) Every tribunal talces only practical and functional approach, rather than theoretical and legalistic
ii) Revenue Tribunal: approach, because, the tribtmal is not required to follow the strict rules of evidence and procedure.
iii) Election TribW1al : I) Every tribunal does not deal with the cases in which the Government is party, as some tribunals
iv) Payment of Wages Authority; exercise the power of adjudicating disputes between private parties, such as, disputes between
v) Excise Appellate Authority: landlords and tenants, employers and workmen, etc.
vi) Rent Conu·o l Authority: g) Every tribunal is conferred with the discretionary powers. It is not necessary fo r the administrative
v ii) Statutory Arbitrator; tnbunals to go into the rules of evidence, as wide discretion is given to them to deal with the matter to
viii) Panchayat Court : ensure expeditious disposal with appropriate practical relief. The only responsibility is to exercise the
ix) Commissioner for Reli gious Endowments. discretion judicia lly.
Authorities which are not held to be tribunals : h) The Writs of Certiorari and Prohibition are available as a judicial remedy or legal remedy against the
i) Military_ Tribunal; Judgement or decision of the administrative tribunal.
ii) Domesti c Tribunal;
iii) C ustoms Officer; .
. Conciha11on Officer,
iv) Leois lative Assembly ;
v) o
r -----------------'S~0!:.·--:--~-~-":":'"~11~r~-~P~r~11:(:~P=r~aA~·a~.~=f1~
Q...1L.;. Discuss the advantages . Oct 2002: Apr.2015/.
traditional Courts/Apr.WOO; Apr.ZOO], ·
·
of administrative tribunals compared to
l\t -- 51. A11thor Pro& Prakash K. Mokal.
come before the court with specific issue warranting the preventive measure. Therefore. a prompt
preventive measure cannot be always taken by the Court as ii is taken by the administrative authority.

6) Qj!crction -
One of the importan_t reason for the growth of adm inistrative tribunal. is the power of discretion
Answer: . .. ti, l•gislaturc·s conferring powers of a judicial nature 0
Th , are certam reasons 101 ic •- d 11 1\, conferred upon the tribunal. The ordmary court of law takes a decision after hearing both the sides to
ere .. d Ph 1T s stntes these reasons as un er - , the dispute, after fol low mg the rules of evidence on the record and after observi ng the procedure
administrallvc authonues. Ho,o rpc~sinl!ly confers powers of a . nature on Ministers or Trib
··Toe reason II hy Par 1amen1 m - . d . . . .6 . una1i established. Such comphances are not necessary fo r deciding the matters by the tribunals, as the wide
Government Departments - to a m1111 strallve tr1 unals 111 the 1 . . discretion is given to them. The adm inistrative tribunal may confine to departmental policy in giving
less closely relat ed to the . d .. · 'b Vtd•
more or . . 1 sholling the !!feater stabihty of a n11111stra11vc tn una 1s, or negat' ' decision using the discretion whenever necessary.
. my be stat.:<! positive)' as - . . 1vc1i
sense. 11 • • , - the ordinal)' courts. for the particular kmd of work that has to be done" •
as showing the madequac) o1 ·
7) E,!!JCrtise - . . . . . . . . . .
Adranta•eous factors or reasons for the growth of Administrative Tribunals : The traditional Judiciary 1s not expected to appreciate and decide the dispute mvolvmg the questwn of
technical nature due to lack of expertise to deal with such issue of technical nature. The administrati ve
I) Technicalities - . c f dm · · · · authorities are generally associated with the expertise i.e. persons with expert knowledge and reach
Avoiding teehnicalities is one of the important reasons ,or the growth o a 1111strahve tnbunals. Thi experience. Therefore, it is easy for them to solve and decide any question of technical nature. They
administrative authorities are known for takmg a functtonal approach and_ also_ known fm d1scardin, are specialised m the subject of techmcal nature, such as, the problem relatmg to atomic energy,
the theoretical and legalistic approach. In other words, the admimstrattve authonhes avoii electronics, gas, etc.
technicalities. The administrative authority can decide the case without fonnality and technicality, b~ To sum up the advantages of the administrative tribunals and the reasons for the growth of
the court of law which is rigid and technical, cannot decide the case without form ality al]d administrative tribunals, it is important to note that the administrative tribunals are recognised for
technicalitv. The administrative tribunals are not required to follow the strict rules of evidence ana doing the work assigned to them more rapidly, more efficiently and more cheap ly than the ordinary
procedure.' and it is easy for the administrative tribunal to decide a complex issue by taking a prac1ira1 court of laws.
\'iew of the case.
The points of distinction between :
2) Inadeguacv of Judicial sntem -
The judicial system functioning in the ordinary courts is inadequate to adjudicate certain kinds ol The working of the Administrative Tribunal
disputes. Courts are also over burdened with so many litigations pending before them. Therefore, !hi and
judicial system of ordinary courts very often results in delay and expense. It also lacks the expen The working of the ordinary or traditional courts -
knowledge which is necessary to adjudicate some of the modem disputes. Although, the common feature between the administrative tribunal and a court relate to discharge
In view of these facts, it has become necessary to evolve new machinery to adjudicate the dispul~ of judicial function and exercise of judicial power of the State, the fact remains that, the administrative
of the people and for such new machinery, new law that is the Administrative Law and AdministraliH tribunal is not a court.
Tribunal became essential. The working or functions of the administrative tribunal and the working or functions of the court
are distinguished as under -
3) Cheap system \\ith expert knowledge - i) The ordinary civil courts have the judicial power to try all suits of civil nature, but the tribunal bas
Another reason for the growth of administrative tribunal is that the judiciary is costly, slow, comple1 judicial power to try cases of special matters which are statutorily conferred.
and formalistic and inexpert. It is rigid, and technical and overburdened to deal with expeditiouslyllx ii) The judges of the courts do not depend upon the executives with regard to their tenure, terms and
matters of importance, for example, dispute between employer and workmen relating to strike, !ocl· conditions of service, but the members of the Tribunal depend upon the Government with regard to their
out, retrenchment, lay-off, etc. Such burning issues need immediate action or relief. This cannot ~ tenure, terms and conditions of service.
done by the courts of law. That is why Labour Courts and Industrial Courts are constituted which hall iii) A court of law draws judicial powers from the State and it is the part of traditional judicial system,
technique and expertise to deal with such burning issues. but administrative agency is not part of the traditional judicial system; It is an agency which has
come into existence under a Statute and which has been conferred with judicial power of the State.
4) Effective step for enforcement -
iv) A judge of a court is a person who is trained in law, but a person who presides over the tribunal
Another important reason for the growth of administrative tribunal is that the administrali\l may not be trained in law.
authorities can take effective steps for the enforcement of preventive measures such as revocation v) A court is required to follow and observe the rules of evidence and procedure in deciding the case
cancellation, suspension of licence, destruction of contaminated goods or artic!;s, etc. S~ch effecti11
before it, but the Tribunal is not bound 10 follow or observe the strict rule of evidence and
steps for the enforcement of preventive measures are not available through the ordinary Courts of 1a11
procedure in deciding the case.
5) Preventive measures - vi) A court of law is empowered to decide the "vires" of the enacted laws, but the Tribunal is not
Another important reason for the growth of admiaistrat' ·b . . . ·1 empowered to decide the "vires" of the enacted laws.
authorities are prompt in taking preventive measures Th ive_ In unal IS Iha'. . the admm1strall1 vii) In a court of law, the judge of such court must be "independent person" which means that the
s
to wait for the panics to come before them 10 raise th~ I e admim_ lrat1ve authonlles are not requiriJ judge must not have any monetary or other interest and he must not be the party to the dispute
courts of law. ln other words, the courts of law ca c aim as 11 IS generally required in the ord1na~
n take prevenllve measures only when the pa~ic which comes before him for determination, but the administration otiicer of the Aum inistr:ni, c
... .
52,
Author - Pro ; Prakash I(
·
_ . which he is interested or in which the Tribunal is the Pan .
111
"hQ/
..,....---
53. Author Prof. Prakash K. Mokal.

Tribunal may decide tl1e matter m I T ·bunnl for dctcnninnt1on. 1/ l<J Z) Nobody sho uld be condemned unheard. It means that, the aggrieved party must be given
1
the dispute which comes up before sue _n 5 objectively nnd in nccordance with the e vidcnc admini strati on opportuni ty of be in g heard.
th 1 J) The aggri eved party must be informed the all egations levelled against him.
viii) A court is required to decide all c qu\~~~ :· Tribunal may decide the questio n on the bai· and
material produced before such court. is OJ ) The aggri eved party must be gi ven an opportuni ty to cross-exam ine the complainant and the
4
departmental p_olicy and cxpefdiency. d ·cara" and " e,roppd' have binding effect on the coun b prosecuti on w itnesses. .
d l ri nciples o "res:111 , •. . ' U
ix) The prece _en s._ P ·t, . ot strictly under the effects of the precedents, principles of" . I 5) The aggrieved party must be gi ven an opportuni ty to add uce his ev idence w ith tbe help of defence
the Adm1mstrau,·e Tn una 1 is n ,,.,. witnesses.
j udicara" and "es1<>pper-. 6) No document must be relied upo n without giving the aggrieved party an access to such document.
Principles of Natural Justice recognised by English law :
The principles of Natural Justice recognised by Engli sh law are summarised as under -
~ Discuss the principle.s of natural justice and explain its components. Whai In fact , the English law recognises the follow ing two principles o f Natural Justice -
are the exceptions to this principle ? [Apr.2000; Apr.2001; Apr.2007; Apr.2009; i) Nemo debel esse iudex i11 propria sua causa :
Dec.1014; Apr.2015/. It means that, " no man can be a judge in hi s own cause", or the deciding authori ty should be impartial and
OR without any bias.
What is Natural Justice ? Elaborate the principles of Natural Justice with the help of ii) Audi alteram partem :
It means, "hear the other side" or " both the s ides should be heard". Jt also implies that, no man should be
judgements of the Supreme Court. [Nov.2015}.
condemned unheard.
OR
Discuss the principle of natural justice with relevant case laws. [Apr.2016}. Principles of Natural Justice:
OR a) Bias or Interest;
Discuss Audi Alteram Partem rule with relevant case laws {Nov.2010; May,2012; b) Audi alteram partem;
c) Speaking Order.
Apr.2013}.
OR A) Bias or Interest :
Write short notes on : It is the first principle of Natural Justice that, the dec iding authority should be impanial and
a) Audi alteram partem [Apr.2005; Apr.2006; Apr.2010}. neutral, and should be without bias or interest. He must act judicially without allow ing his personal
b) Ridge v/s. Bald\\in [Apr.2001; Apr.2003; May,2012; Nov.2012; Apr.2014}. prejudice to go into the dec ision making . He cannot be a judge ofa cause in which he has some interest.
c) Speaking Order [Oct.2002; Nov.2007; Dec.2014}. Case Law:
d) Maneka Gandhi vis. Union oflndia [Apr.2000]. Govt. Transport Dept. vis. Mu1111uswamv AIR 1988 SC.2232 -
It was observed in thi s case by the Supreme Court that, bias means anything which makes a person (a
Answer: deciding authority) to decide a case otherwise than on evidence. In other wo rds, a pre-dispos ition to
The concept of Natural Justice is vague, ambiguous and is not very clear, yet, tbe principles of decide either in favour of a party or against the party without the merits of the dispute, is called " bias''.
Natural Justice are accepted and enforced, because, the term Natural Justice expresses the close Dr. Bonham's Case :
re\ations\frp between common law and moral principles, and it deals with what is right and what is wrong. In this case, Dr. Bonham was tined by the College of physicians fo r practising in London w ithout the
pennission or licence of the College of physicians. The Statute whi ch empowered the Co llege to impose
The rules of Natural Justice are not embodied rules, and therefore, the application of the doctrine fine on Dr. Bonham, also made a provision that, the amount of fin e should be equally distributed between
of N atural Justice cannot be imprisoned within the straight jacket or rigid formula, because the application the King and the College.
of this doc1nne depen_ds upo_n the circumstances of every case, the nature of the enquiry, the jurisdiction In other words, half of the amount of fine should go to the King and oth er ha!f of the amo unt o r
conferred on the administrative authonty, the subJect matter of the rights of the person affected and also. fine should go to the College.
the policy of the Statute. It was held by Justice Coke that, the impos ition of tine inc luded the interest of the College, and the
Common V'riucip\es of Natural Justice: College had a financial interest in its' own order of im positio n of tine. and therefore, Justice Coke
'fo e C:ouns have I d . . . I . . . disallowed the claim of impos ition of fine on the ground that the Co llege was a judge in its' own cause .
These princi k s ar evo ve cerl.am pnnc1p es to secure JUSt1ce and lo prevent miscarriage of jusucc.
P e commonly known as the "pnnc1ples of Natural Justice". !ypcs of Bias :
These pri.nci?\es are. summarised as under - :here are three types of bias -

freffr~: ~~~rts, Judicial

'.) Pecuniary Bias;
1) The iudgen,en\ given b t . . . .
Authori1ies musi be Bodies, Quasi-Judicial Authorities, AdministratiV' '.') Personal Bias;
ill) Official Bias.
i 54,
,1 111/ror- ProC Prakash K. At
~
.,Z
ss. Author - I'm ; l'l'llk11sh K. M11k11/.

Thi s is the second i111porta111_require111ent or the 111ax im ",·1111/i , llten1111 P,_irll't11" that. the perso n a!'kc1cd
B) Audi AJteram Partem : . .. or both the sides should be heard before passing any ord shnold be giw n :1.n o pp11rt11111ty lo be heard before pass111g any ll rdcr or llC ll(lll. . .
. means, ~
This ma.x1m demned unhcard" • . . ., ' · •·J·Jcnnng 1ndudes thal the person whu 1s untkr the chnrgc. must be given an l>pport111111 y 1u
It lso means that. "no man should be con . . le of Natural Justice ts known as Audi a/r sent hi s cnsc or to present his dct'cncc. In other wurds. the pcrslln nl'i'cctcd 11111st be give n an
a . . fundamental pnnc1p . b ti . ero~
This second m1portant . . . that every person to the cont1oversy e ote the decict· pre. ·tunity to adduce nil relevant ev idence on whi ch reliance is plnced by hi111 . Evidc11cc or the
• of this maxim ts · fi • d 11
parreni". The simple meamng · rtunity of being heard be ore passmg any or er. In Oth'1 oppoi
sccution side· SI1011 ICI lle tn ken .Ill III.S presence illl ( I IIC should lle given
. . Ill cruss -ex:1111111c
un 11pport11n1ty .
·ded an adequate oppo . • • ~
authority, must be pro\1 . red should be given the opportumty to present its case or present . plro. rosecution side. "Hearing" also means that. the person al'ti:e ted 111ust also be given an oppnrtunit y In
words, every parry which 15 affec 1~ Ipresent
IC p . ev 1'dcncc to sul1stantiatc. I11s . case.
his case by add uc111g
claim.
.1 · ements of the maxim : Cnsc Law:
Essentia reguir eard" "No man should be condemned unheard" relates to the followin g t1. ~a/dwi11. (1863 ) _14_Cll /80 - . _ _
"Both parties to be h or 10
In thi s case, the pla111trff on the charge of conspiracy leve lled aga111st 111111. was prosecut ed 1111 the
requirements -
id charge, but was acquitted. However, certain observa tions were made by the court aguinst the
i) A reasonable notice of the case must_be given to the party affected; . . ~~aracter of the plaintiff: The Watch Committee di smi ssed the_ plaint iff rr_~m service on the basis or the
ii) A reasonable opportunity must_be given to the party affected to present tis case or to be heard tis' case. observation of the presrdrng Judgc made agamst the character ol the plarnt1l I.
It is also called a right of fatr heanng.
When the matter of di smi ssa l of plaintiff came up for hearing before the court or Appeal , it was
I) Reasonable Notice : . . _ _ . 1
Id by the Court of Appeal that, the Watch Committee while inllicting ur awarding di smissal acted i11 the
It is necessary in the interest ofpnnc1ples of Natural Justice that, a reasonable notice must be given to the ~:pacity of administrative authority, and the Wa_tch Committe_e had 1'.ot awarckd di smissal in the capacit_y
party affected to show cause against the proposed action. Notice does not have any specific requirement of judicial or quasi-Judi cial authority, and there tore, the pnnc1plcs ol Natural Justice did not appl y 111 tl11 s
of any form in which the same is given. Notice may be in any form , but the notice should not be case.
uncertain, vague or ambiguous. Notice must supply necessary information, sufficient material to enable The House of Lords reversed the decision of the Court or Appeal 0 11 the ground that the power or
the person who is charged to have sufficient and adequate opportunity and time to present his defence. dismissal could not be used without giving a reasonable opportunity or being heard . In other words, the
power of dismissal could not be exercised without observ ing the principles of Natural Justice. The above
Contents of Reasonable Notice : case has become a hi storic case, because, the deci sion given by the House or Lords in thi s case, can be
The following contents of the notice make the notice reasonable and adequate - described as "Magna Carta" of Natural Justice.
i) Notice must contain the specific charge;
ii) Notice should disclose the authority, which is empowered to bear the case; Ma11eka Ga11dhi vis U11io11 of/11dia, AIR. /9 78 S.C. 597 -
iii) Notice should include and therein it should specify the time, place and nature of hearing. In this case, the Government of India confiscated the pass-port of the petitioner 0 11 the ground or publi c
interest. The petitioner was not given any opporttmity to be heard before taking 1hc ac ti on of confiscati on.
Case Law:
It was held by the Supreme Court that, the action of confiscation did not give any opportunity of hcarrng,
R. vis. University of Cambridge and therefore, there is violation of principles of Natural Justi ce.
In this case, on the basis of an allegation of a commission of misconduct on the part of Dr. Bentley, the
Umvemty of Cambndge had depnved Dr. Bentley of his degrees, and such action was taken by the C) Speaking Order :
Uruvers1ty of Carnbn~ge without givmg any _notice or opportunity of hearing to Dr. Bentley. It was held The term "speaking order" means, an order which speaks ror itself. In other words, the "spea king
by the Court of King s Bench that, the dec1S1on of the University of Cambridge is void, because, the order" means, the order with reasons. It means that, the order must contain the reasons. It is the third
nolice was not served upon Dr. Bentley before the proposed action. important principle of Natural Justice, because, with the help of speaking order, the party has a right to
knqw the result of the inquiry conducted against him, as well as. reasons gi ven in support of the dec ision.
Ambika Devi vis. State or Bihar, AIR 1988 Patna H.C. 258-
Th~ f:cts of the case reveal that the account or payment of rent for land opened in the name of the public Important Features of the Speaking Order :
an t e pedetttb\O~er was cancelled, and the petitioner was declared as an encroacher on the public land. II i) If the Statute demands the recording of reasons in support of the dec ision, it is mandatory upon the
was argu e,ore the court that the notice was d h ·· f deciding authority to give reasons to subs1antiate the decision.
hearing and the said notice had ~o . t . serve upon t e peltlloner mentioning only the date o ii) Event if such obligation is not imposed by the Statute, ii is necessary to record reasons: beca use,
held by the court that th . ID orrnalion, therefore, the said notice was not a proper notice. It was
. , e nol!ce served upon the pet111oner was not a · ·ce recording reasons is the only safe-guard against 1he possi bl e injuslicc. It also grants protecti on to the
did not mention the allegations the petition had t proper nol!ce, because, the noll · person affected.
was set aside, as the action violated the pri:ciples ~e
th
a~dJ e_refore, the action against the petitioner iii) Even if the proceedings are treated to be confidenti al, the recording of reaso ns in such proceedings is
Mt proper. a ra us1tce, because, the notice of hearing wn1 necessary.
1) 1:\\e \U bt to Hearin iv) Where the reasons recorded arc irrelevant, in such siluation the order of the dec iding aulhority is li ab le
- Reasonable O ortunit to be heard or "Hearin ,, ; to be set aside.
v) In the event of any reversal of the order by the appell ate auth ority, the recording or reasons for such
reversal or order of the deciding authority, is necessary.

:.. a:
 -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ __;i~- - - - - - 'A=ut~h~o~r_-~P~r~o~C~P_r~a~k~

Case Law:
~ .- - k~
56"

I AIR.1990S.C U26 -
a~~-h~K'!..:. ilf .......--
~
-
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upon the administrative authority, the subject matter, the right of the affected person and also the policy of
the Statute.
Ra,p11r Developme11t ,\i's. Cho •~ma • d der Arbitration Act 1940. The award made by such arbit
In th1.s case. an arbitrator made~ his awar un ' d ~ ra,,
h vard therefore that award was challenge ,or not mentio ... ~
d1.d no t 10
· elude the reasons ,or sue a, · ' IJ .
bo d t record the reasons as a requirement of Natura ust1ce. It wash ·1
n,.,
reasons ' as the
.
arbitrator was un ° . I·· ·I · d •
th t th rule requiring reasons m support of a dec1s10n 1s t 1e t 11r pnnciplc e~
Russel vis. Duke ofNorfolk-
ttivas observed that, there were no :vords having universal application to every kind of domestic tribunal.
by the Supreme Court a • e Of
Natural Justice depends upon the circumstances of the case, rules pertaining to the tribunal for acting as
Natural Justice.
the deciding authonty, subject matter and nature of inqui ry.
U11ion oflndia ••Is. Nambudri, AIR. 1991 S.C 1216 - . .
In this case, a Government servant was aggrieved due to adverse remark passed m his confidential re~n u11 ioll ofltrdia vis. P.K. Rov. AIR 1968 S.C. 850
by his superior. He, therefore,_made ~ representat10n to the authonty. However, the said representation In this case, the Supreme Court observed that, the extent and application of the doctrine of Natural Justice
was turned down or rejected without g1vmg any reasons. The pet11toner moved _the Central Admm1stratil•e cannot be imprisoned within the straight jacket of a rigid formula, because, the application of the doctrine
Tribunal against the order. It was held by the Tnbunal that, the order was v111ated, because, the reasbn depends upon the circumstances of every case, the jurisdiction assigned to the administrative authority,
were not recorded. Thus, the order was without reasons, and therefore, the Central Administrativ: the nature of inquiry and the character of rights affected.
Tribunal set aside the order.
Nemo debet esse iudex i11 propria sua causa :
S.N. Mukhariee ••Is. Union oflndia, AIR. 1990 S.C. 1984 It means that, "no man can be a judge in his own cause", or the deciding authority should be impartial and
In this case, the appellant was a Major in the Indian Army. He was charge-sheeted for some without any bias.
misconduct, and he was tried by the General Court Martial. Consequent upon the inquiry, the charges
levelled against him were proved and he was awarded dismissal. · Case Law:
An appeal was preferred to the Chief of Army Staff which was rejected by him without giving
A. K. Kripak vis. U11io11 ofbrdia, AIR. 1970 S.C. 150 -
reasons. This Appellate Authority (Chief of Army Staff) did not record the reasons for confirmation of the
It was observed in this case that, the doctrine of Natural Justice has the application to a given case. If a
said order. complaint is made before the court alleging that some principles of Natural Justice are violated, it is to be
Thereafter, the Writ filed by the Petitioner was also rejected by the High Court.
decided by the Court whether the rule of Natural Justice was necessary for the decis ion.
When the matter came up before the Supreme Court, the question of law raised by the Appellant
In other words, the rule of the doctrine of Natural Justice is fl ex ible, as it depends upon the nature
that non-recording of reasons in support of an order violates the principles of Natural Justice, the Supreme
and circumstances of every case. In the above case, Naquishbund was a candidate before the Selection
Court decided and held that, recording reasons in support of an order is one of the important principles of
Bioard for the post of Indian Forest Service. He was also a member of the Se lection Board. He did not sit
Natural Justice. Therefore, his dismissal was set aside.
on the Selection Board. But his name was recommended by the Selecti on Board set up by the Public
Service Commission. The candidates who were not selected, challenged the selection of Naquishbund on
the ground of violation of the principled of natural justice.
The Supreme Court issued the Writ of Certiorary to quash the selection list of the Indian Forest
f2:...1.!..i. "Doctrine of Natural Justice cannot be imprisoned within the straight jacket Service on the ground that one of the selected candidates was the ex-offi cio member of the selection
of rigid formula" - Discuss. committee. Justice Hegde rightly observed in this case that, "What particular ru le of narural justice should
apply to a given case must depend to a great extent on the faces and circumstance of that case, the
OR framework of the law under wh ich the enquiry is held and the constitution of the Tribunal and or body of
Write short notes on : persons appointed for that purpose. Whenever a complaint is made before a court that some principles of
a) Grounds for exclusion of Natural Justice {Nov.2012]. natural justice had been contravened, the court had to decide whether the observance of that mle was
b) A.K. Kraipak v/s. Union of India {Apr.2005; Nov.2010; May,2012; Nov.2012; necessary for a just decision on the facts of that case". Thus, the Court quashed the select ion and
Apr.2014; Apr.2015]. observed that it is against all cannons of justice to make a man judge in his own case.
Maharashtra State Board o(Seco11darv vis. Paritos/r, AIR. /884 S. C. 1543 -
Answer: It was observed by the Supreme Court that, the principles of Natural Justice should not be carried to such
The ~oncept of "Natural Justice.. is vague, ambiguous and not very clear, yet, the principles of an extent as to enable the candidate who appeared in the examination to participate in the process of
Natural Justice are accepted and enforced, because, the term "Natural Justice" h toll evaluation, and to ascertain the correctness of the evolution made by the examiner. This case is an
re\at,onsn· b h C L . . expresses t e c important example to show that the doctrine of Natural Justice cannot be imprisoned in a straight jack~, of
wrong. 'I' etween t e ommon aw and moral pnnc1ples and it deals with what is right and what is
ngid formula.

of \be doctrine 1:~~:~s

Natu,a~s:~es of Na:ral Justice are _not embodied rul_es, and therefore, application of the doctrine of
~;:tt~so~ed within the }tra1ght Jacket of rigid formula, because the application
e circumstances o every case, the nature of enquiry, jurisdiction conferred
Hira Nath Mishra vi.~. Principal, Raie11dra Medical College, AIR 1973 S.C. 1160-
ln this case, the statement of the girl students were recorded 1101 in the presence of the boy students "h,,
Were accused of harassi ng girl students in this case, and no opportunity was given to the boy stU<knts 1,,
I 58. A uthor Pro . Prako.,·t, K. Alo .. . . .
cross-e xamine the gi rl stude t H ,
. 1 stu d . n s. °'' h .
ever. t e Supreme Court he ld that. the recording of s tate rn cni
lql 59 . Author Prot: Prakash K. Moka/.
gtr ent.s belund . the back of the boy students. and not gra nting opportunity lo lhe boy studs or ,~ -- rli" I no Mag isrra te except with lhc leave o f the court lo wh ich an appea l li es from hi s court
cross-examme the g trl students ·s t · d d . .. en~,. I s down ".
Th • I no require an warranted due 10 the peculia r cond111 on of Iii • s~;,, uy any case 10 whi ch he is a party or has persona l intcresr.
e Supreme Court confirmed the order of expulsion passed against the boy students. e caie. 11
. . This case 1s also an example to prove the proposition that doctrine o f Na tural Justice can fMeLaw:
1mpnsoned withi n the stra · hi · k f · 'd r . . ' nor~
th · ,g Jae et o n g , ,onnula. The opportunity of hearing does nor depend r v to Govt. Transport Depa rtment vis. Munnuswam v, A IR. 1988 S.C. 2232 -
he quantum of loss to the aggneved person , but ii depends upon the necessity of the given situa riour,o,, 1
Secre • bserved by rh c Supreme Court 1ha1. bias means anything whic h makes a pe rson (deciding
s ow cause notice.is g iven and the explanation g iven by the aggrieved person consequelll upon such ~· A 11 was. °) to decide a case otherwise than on evidence. In othe r words, a pre-d ispos it ion to dec ide e ither
1
cause notice, and if the deciding authority takes action or gi;es the order or decision under the stars ow aurhorr
in favouY ·
r o f a parly or agamst t J1e party w1I· h out Ihe men·I o f t h e d ,spute
. . ca II e d b.,as.
rs
prov ,s10n_, m such situation. the rules of Natural Justice ca~nol be held 10 be violated on the g rou~du:~
opportumty ofheanng was not granted o r on the grou nd that apart rrom show cause notice and s ubse 1
I.lmes of Bias : .
explanation, more opportunity should ha ve been granted. Therefore, the order canno t be set as ide oniuenr There are three types of Bias -
the ground that persona l heanng was nol given. Yn0
i) Pecuniary Bias.
. From the above. it is clear that the doctrine of Natural Justice cannot be imprisoned wi thi h ii) Persona l Bias.
straight Jacket of rigid formula. nIe iii) Official Bias.

J) Pecuniary Bias : . . . . . . .
Pecuniary bias relates lo pecuniary mteresr. A person who 1s actmg as a Judge hav ing pecumary
interest in the subject matter o f litigation, such pecuni ary interest w ill disqualify such pe rson acting as a
~ Explain the principle "nemo debet esse judex in propria causa" _ with judge.
leading case law /Nov.2005; Apr.201 I ; Nov.2012; Apr.2014].
OR Case Law :
Discuss the 'Rule against Bias ' with relevant case law /Nov.2009; Nov.2013]. Dr. Bonham's Cose :
· OR In this case, Dr. Bonham was fined by the College o f Phys ician s fo r practici ng in Eng land w itho ut the
Write short notes on : - permission or licence. The Statute which empowered the College of phys idan.s to impose fin e on Dr.
a) Rule against Bais /Apr.2000]. Bonham, also made a provision that, the amount of fine sho uld be equa lly d1stnbuted between the Kmg
and the College. In other words, half of the amount of the fine shou.ld go to the King a nd the re ma ining
b) Official bias /Apr.2003; Apr.2004].
half of the amount of fine imposed should go lo the College. It was held by Justice Coke tha t, the
c) Dr. Bonham's Case [Nov.2015]. imposition of fine included the pecuniary interest of the College, and the College had a fina nc ial interes t
in its own order of imposition of fine, and there fore, Lord Coke J. disallowed the c laim of impos ition of
Answer: fine on the ground of the College was the judge in its own cause. The interest of the Coll ege comes w ithin
It is the first princ iple of Natural Justice that, the deciding authority h Id b . . lhe .meaning of "pecuniary bias', and therefore, it is against the princ iples of Natura l Justice.
should be without bias or interest. This is reflected through the maxim~'~'u ; impa_rtial, neu tral, and In this case, a Co-operative Motor Transport Company had applied fo r a permit. The Co llec10r
Hema .,ude:c 111 Causa Sua".
was the President of Vishakhapatnam Co-operati ve Mo ra r Transport Company and a lso working in the
This maxi m means, ''No man shall be a judge in his own cause" Th d .d .
a nd without bias. · e ec, mg authority must be impartial capacity of Chairman of the regional Transport A uthority. As such. the necessary pem1 it was granted by
him lo the Co-operative Motor Transport Company. It was he ld by the Collil thar. the Collector w ho was
This principle of natura l justice requires 1ba1 no man can be . d . . lhe president of the Co-operative Motor Transport Company. had pecuniary interest in gra 111ing the
impartial and neutral and rrce from any bias. The reason for th. a J~ ge m his own cause. Judges must be permit. Therefore, the order of granting permit was set as ide as the case fa lls in "pecuniary bias".
_ pec uniary p ersonal, official or otherwise, in a case he is l'k 1i' ru ~,s th at if a person who has an interest
s it as a judge in that case. Thus a person who has talc , e y lo _ave a bias, and should not therefore, 2) Personal Bias :
P rosecution uder any. law would be debarred from trying th eencase an active part in initiating or directing a
himself. . This is the second type of bias. Personal bias means. a bias relating 10 the ind ivid ua l. When a
In the case of Manik/al vis. Premcha11d, AIR 1957 SC 425 J . . Judge is a friend, business associate or re lati ve of a party ro the dispute. such judge may have affec tio n. or
obvious that pec uniary interest, however small it may be '. ust1ce G'!)endragadkar observed that "It is ~ersonal grudge, emnity, prejudices. professional ri valry or any type o f grievance agai nst the pa rty 10 the
ify b from act' · ID a subject m tt f ' - ispute and these fac tors like ly to ha ve some weig htage on the judge and such factors may lead 10
wbolly disqual a. mem er .· tng as a Judge. The Jaw i . . a er O the proceedings would
whenever a ny possible obJe~~~n exists to the trial of a case : enunciation of this principle provided that personal bias.
relation of any member shou e reponed to Jhe controlling cou~ (pamcular. court, owing lo the personal
. . Le. to a higher co . £!selaw:
Pecuniary direct interest, irrespec~1ve of.his qua ntum of any oll . un or tnbunal)".
apprehension of bias, becomes a i.squal,fica1ion for 1he1·ud Sier interest, if substantial e I {;Qtt/e vis. Cottle (1939) 2 AER. 5235
ge. ect,on 55 of th C noug I to creare
e ode of Civil Procedure ~ : :s case, a married woman had instituted matrimonia l _proceedi n~s against her l1U~~a n?. Th,· C'hainnan
Board, before whom the proceedings were dea lt wuh. was a IT1end o f1ha1 \\'lies tam dy. That "ife
• .
also told her husband that the Chaimia
60.
A uthor - Pro/: Prakash K. M ,. .......
~
n who was the fri end of her fami ly. wou ld decide the _case in h
. had personal bias. and therefore. the o rder g iven by e,
favour. It was held in this case thal. the cha1mrnn I b. ..
Chainnan was set aside on the ground of "persona ws ·
lhc
61. A uthor

Discuss the judicial remedies available under the administrative law {Dec.2014].
OR
Pro f; Prakash K. Mokaf.

What arc the different remedies available to citizens ? {Apr.2009/.

535 OR
R. ,I".<. Ha11dfer, 0921) 6/ _DIR -b t n b)' the accused. This Magistrate was held to be di squalifi
In this case a Magistrate was ea e . b. ,, 1ed
. · ed . t ti13 t acc used 011 the ground of "persona 1 ms . Write a short note on :
from heanng a case fil aga ms • ~ Principles/grounds of Writ jurisdiction {Nov.2008/.
Rata11fa/ w's. Managing Committee, AIR. /993 S.C. Z/55 - . . .
In this case. an enquiry committee was constituted to conduct the enquiry mto certam all egations
levelled against the plaintiff Tiie enquiry committee had three members on 11. One of the members of this
Answer:
~ le 226 of the Constitution of India confers the power of issuing Writs on the High Courts in
enquirv c~mmittee was the " ·itness in this case ag~ ms_t the plamtrff. Consequent upon the enqui ry, the sc of infringe ment or violation of fundamenta l rights. In fact, the power of the Hi gh Court in issuing
plaintiff was found guilty and he was awarded the d1sm1ssal by the _enquuy comm ittee. It was held in this ~ rits is much more wider than the power enjoyed by the Supreme Court under Article 32 of the
case that. one of the members of the enqurry comnuttee was a w1tnes~, tberefore 1 t?,e order 1s vitiated. Constitution, because, the High Court has power to issue Writs for the purposes other than the
There was prejudice of one of the members of the conm1rttec because of personal bias . enforcement of fundamental rights also.

The High Court is empowered to issue the following writs -

3) Official Bias :
This is the third l)pe of bias. It relates to the subject matter. Official bias comes into existence w hen the
j udge has.the general interest in the subject matter which must have a direct connection with the litigation. 1) Habeas Corpus : . . . . . . . . .
In other words. ministerial or departmental policy cannot be regarded as official bias, unless, there is total If the detention of a person 1s ma/a-fide, or whenever a person 1s detained without Junsd1ct1on, the Wnt of
application of mind on his part, as he has acted as per the direction of the superior authority without Habeas Corpus is issued. It is a command addressed to a person (who alleged to have another person
deciding the matter before him of his own or he had pre-judged the issue or his attitude was not proper unlawfully in his custody), requiring such person to whom the command is addressed to produce or bring
while deciding the base. the body of such person before the Court.
The Writ of " Habeas Corpus" is issued by the Supreme Court under Article 32 and by the High
Case Law: Court under Article 226. The Writ of "Habeas Corpus" is available fo r releasing a person from unlawful
detention by the State, as well as, fro m unlawful detention by a private indiv idual.
Gu/fapafli N. Rao ,,fs. A.P., S.RT.C. AIR. (1959/ S.C. 308
In this case, the petitioner was the motor transport contractor carrying on business in motor transport in Object of the Writ :
the siate of Andhra Pradesh. The Andhra Pradesh State Road Transport Corporation evolved a scheme for The object of the Writ of " Hebeas Corpus" is not to punish the person who has unlawfully
nationalization of motor transport in the State, and therefore, objections were invited from the concerned. detained the detenue, prisoner or any other person, but the object of the Writ of " Habeas Corpus" is to
The objections were beard by the Secretary, and thereafter, the scheme was approved by the Minister. 11 free a person who bas been detained unlawfully or the detention is ma/a-fide.
was argued on behalf of the petitioner that. the official i.e. the Secretary who heard the objections was one
of the parties to the dispute raised by the petitioner, and therefore, there was violation of principles of Grounds for issuing the Writ of "Habeas Corpus" :
Natural Justice. It was held by the Supreme Court that, the contention of the petitioner was allowed on the The grounds fo r issuing the Writ of"Habeas Corpus" are summarised as under:
ground of Official _Bias. A pecuniary bias or_ interest, howsoever small it may be, shall disqualify a person i) The detenue must be detained illegally, unlawfully or wi thout any jurisdiction.
from acnng as a Judge. But. the pos1t1on m the case of Personal Bias and Official Bias is differen 4 ii) The detaining authori ty must have ac ted contrary to the law or against the law.
because. in_order to hold personal bias or official bias, it is necessary to ascertain the real likelihood of iii) The detention must be ma/a-fide.
bias m the Judge. An application for the Writ of "Habeas Corpus" may be made by any person on behalf of the
detenue or by the detenue himself, but such application fo r the Writ of ""Habeas Corpus" cannot be made
by a stranger. The application for the Writ of "Habeas Corpus " must be accompanied by an affidavit
stating the nature and circumstances of the restraint. T he restraint must be illegal and if the restraint is not
Q..12_;_ Discuss the prerogative writs under Article 32 and Arti I 226 Of d' illegal, a person/detenue/prisoner is not released. The app lication for the Writ "Habeas Corpus" must be
Constitution [Nov. 2009; Nov. 2011; Apri.2014]. ce the In ian made to the Supreme Court under Article 32 or to the High Court under Article 226. The order of release
OR is passed by the Court, if the Court is satisfied that the detention is illegal. When the order of release is
Discuss the scope of Article 226 of the Constitution of Ind" . . . passed by the Court and if such order is no obeyed, in such situation, such act to decline to give effect to
th e order, amounts to the contempt of Court.
the various Writs. la to issue Writ and explain
. OR 2) Writ of Mandamus :
D_,scuss the power of the High Court to ~ e . .
rights. various Writs to enforce fundamental The term "Mandamus" means, " We Command" and thi s Writ is issued to a person who is requi red
und er the law to perform a specific duty. In other words, the "Writ of Mandamus" compels the a uthorit y
QR to perform that duty which such au thority is required to perform under the law.
 , • · the Writ of Mandamus : . d .
Grounds ,or 1ssumg . . . of Mandamus are sununanscd as un er. th e Writ of Certi ora ri is_ for quashing or selling aside the decision or selli ng aside what had been done. and
The grounds for 1ssumg th e Wn1 . hi 10 compel the authority lo do, or restrain fro 111 d . the Writ of Prolu b111on is mean! for arresl ,ng lhe fu rther continuance of proceedings. In short. the Writ of
i) The pet itioner must show that be has a 1ega 1 ng 01n1 Prohibition will he where lhe procccdmgs arc still pend ing and the Writ of Certiorari will lie where the
something. d ded the performance of the duly. or he demanded for jusr proceedings liave been len111nated m a fin al dec ision.
ii) The petitioner musl show tl1al 11e eman . d 1cc,
. d d fi .us lice made by b1m has been refuse .
and that, Ius eman or J ak . h·on 'or the Writ of Mandamus fo r selling pri vate di spute S) Writ of Quo Warran to :
"') Th ft' er cannot m ·e an app 11ca " ·
m e pe 1,on d t b •ssued against President of India or the Governor of the State The term " Quo ,varran /o" means, "by what authority?" or "show the authority". The object of th is
iv) The Wnt of Man amus canno e 1 ,_ .
Wril is 10 prevent a person who has wrongfully and un lawfu ll y taken the possess ion of the office, from
v) The petitioner must not be guilty of !aches. . . . .
vi) A petitioner cannot make an application for_the \Vnl of Mandamus 1f alternate remedy is_ available 10 continuing in the office. Thi s Writ requires the holder of the offi ce to show 10 the Court the authori ty
him. In other words. the Writ of Mandamus ,s nol issued 1f any alternate remedy IS avaI!able to lhe under which he holds the offi ce. If the Court is satisfi ed that, the holder of the offi ce holds the offi ce in
questi on, ill ega lly, th en the Court passes an order of his ouster. The "Writ of Quo Warranto" is in the
petitioner. .
vii) The authority must be required to perfonn a specific duty under the law. In other words, the duty 10 nature of judicial remedy by which any person who occup ied the office unlaw fully or illegally is asked to
perfonr must be mandatory and must nol be d1scre_twnary. . . . show by what authority he holds such offi ce. The Writ of Quo Warran /a confers j urisdiction on the
,•iii) The writ of mandamus is issued against public authonty wluch 1s under the law to perfo nn specific judiciary lo control the offi cers against statutory provision.
duly. Grounds for issuing the Writ of Quo Warran to :
ix) Mandamus is issued where the inferior tribunal or court has declined to exercise jurisdiction. The grounds for which the Writ of Quo warranto is issued are summarised as under -
x) Mandamus demands some activity on the part of body or person to whom the Writ of Mandamus is i) The office must be substanti ve in character;
addressed. ii) The office must be publi c offi ce;
iii) The office must be recogni sed by law or must be created by law;
3) Writ of Certiorari : iv) The person must not be authorised to hold that office under law.
. . The object of the "Writ of Certiorari" is to keep judicial body and Administrative Tribunal within
lim11s when an mfenor Court.takes up for heanng a matter over which it has no jurisdiction and if the Cases in which the Writ of Quo Warran to is not issued :
Coun_hears that matter and gives a dec1s1on, the party aggrieved over by the decision has to move lhe Following are the cases in which the Writ of Quo Warranto is not issued -
supenor Court for the ·:wnt of Certiorari'' and on this "Writ of Certiorari " an order will be made quashing i) If there is an alternate remedy, the Writ of Quo Warranto is not issued.
or settmg aside the dec1s1on on the ground of want of j urisdiction. ii) The Writ of Quo Warran/a shall not lie against Legislature.
The Writ of_Certiorari is issu_ed when the inferior judicial authority has declared its decision, so iii) If the issuance of the Writ becomes futil e or without any use, the Court shall nol issue the writ.
that such dec1s1on given_by the Judicial authonty without proper jurisdiction can be quashed or set aside.
The Wnt of Proh1b11ion ,s issued before declaration of the decision by the judicial authority. ............................................................................__""'....""'""'""'""'""'""'""'""'""'""'""'""'""'""'""'""'""'--
~
H.V. Kamath 1•/s. Ahemd /shag AIR. 1955 S.C. 233- fl:.11...;_ What are the remedies available under Article 32 and Article 226 of the
d W It ~as held _by the Supreme Court in this case that, the distinction between the Writ of Certiorari Constitution of India ?
:e w: 10
Prohib,tw_n. These two Wnts are issued at the different stages of proceedings. In other words,
_t offC
Perth1obran is for quashmg or settmg aside the decision or setting aside what had been done and
Answer:
th e Wnt o ro 1 1tion 1s meant for arrest' th furth · '
P h'b'f ·11 r h
1
p~~c~e~:~;s:~ve ~e:n ;;;::af:~:e~;: ,
. mg e
::c~::~tnd
er contmuance of proceedings. In short the Writ of
ing and the Writ of Certiorari will 1ie where the
Constitutional Remedies :
The fundamental rights are guaranteed to every citizen under Part U1 of the Constitution of fndia.
These fundamental rights guaranteed, are available 10 every ci tizen against the might of the State. Th is has
4) Writ of Prohibition : created the necessity to protect these fundamental rights, because, the stale is more powerful as compared
The "Writ of Prohibition" and the "Writ of Certiorari" both of th . . to the individual. Fundamental rights operate as lim itation upon the Slate action.
only difference between the two is as under _ ' · em have very smular characteristics. The
The Wnt of Certiorari · · d . . . . . Effective remedy :
that such decision given by th:j~~~u_e l w~n the •~~nor Jud1c1a_l authority has declared its decision so The fundamental rights would become meaningless if there is no effecti ve machinery or effective
~s:i~:~Prohibition is issued
---~·
b:~~:e:: 1: ~0 :~f:~ ~:~;s~~~u;ys~hicetJi_ond _c~nl be quashed or set aside.
u 1c1a authonty.
remedy for the enforcement of these rights. The framers of the Constitution along with the fund amental
nghls, have also provided for an effecti ve remedy for the enforcement of fundamental rights and sucb
H . V. Kamarh vis. Ahe remedy is provided under Article 32. In fact, Article 32 is itself a fu ndamental right which guarantees
It was held by :l~~a( AIR. 1955 S.C. 233 rellledy in case of infringement of fundam ental righ1s.
and Wnt of Prohibition. Th P eme Court m this case that, the distinction . . . Article 226 of the Constitution of India confe rs the power of issuing Writs on the High Couns in
ese two Wrns are issued at the d'ffi between the Wnt of Certwrari : se of infringement or violation of fundamental rights. fn fact, the power of the High Court in issuing
l I
erem sta ges of proceedings. In other words,
nts is much more wider than the power enj oyed by the Supreme Coun under Article 32 of the
 Autlror Pro . l'ra k11sh h. Mokll/, -
64, 65. A11t/ror PmC Prakll.,/r K. Mok11/.
nwcr to issue Writs for the purposes oth er than the The li ability of the state can be summarised und ii E 1· ·I I ·
· er 1c ng 1s 1 aw and Indian law as fo llows -
Constitution, because. the High Courl has P
enforcement of fundamental nghts also. Under the English Law :
- In Engli sh Law the max im "Rex Non Pot , 1 p "I ·
f K· ~ ti es eceare iad an important place with regard 10 the
Article 32 : . 110, •uardian of limdamcntal right:" This remedy can be liability O tI,e. mg or ic torts committed by its servants while carry ing out their duties. The m·ixim
1
~ clc 32 makes the Supreme Court ,is } ,t or violation of his lundamental n ghl. The
. . •cd by an inf11ngc111c1 . 1 t 1 . . incans, "the King can do no wmng". In view of the meaning or this maxim . the King was n~ilhcr
exercised by a person who 1s a~gne, _ , i to rotcc l the fundam ental nghts._ t amounts o_ t ,c ori ginal subjected lo any acll on nor the Kmg could be sued for the torts done by hi s servants.
Supreme Court is empowered b) Article ,3 , i;cSu rcme Courl with very wide d1screllon 111 the 1nattcr
. The max im should _not, be _undcrsto~? '. ome:'. n that, lhe King is above the law or 1he King is law ful
1
jurisdiction of the Supmiie Court . _1~ pror'i \ amenwi rights.
of framing Writs to sull the exigencies o n< . in hi s _action, _b~l 11 means th ,it, ~mce the Crown_ was created fo r lhc welfa re or ils subj ects it ca nnot
• . " the Supreme Court by appropriate proceed111gs for the commit any_ 11~Jury to its subJ ects/people. The Crown Proceedings J\ci, 1947 and the Law Refo rms
. 32 (I) -' des that the r,ght lo moi c
Article P,'°" · · ,r ' of the Constitution is guaranteed . (Personal lnJun es) _Act, 1948 brought the "Crown" lo lhc same level as the pri vate person. The doc trine or
enforcement of nght conferred b) art 111 the max im _that " Kmg ca n do no wrong" stands abolished and now the King/Crown is made liable like a
. I. S e Court is empowered to issue Direction or Orders or Writs private ind1 v1dual 111 the same manner as the pri vate employer is liable fo r 1hc torts ol' hi s servants or as
<\rti I 32 (2) prondes that t 1c uprem . .. .. . .
· cc .. . f / b coipus mandamus prohrbrtron, quo wa11 anto anc1 cert101·<1ri the occupier is liabl e with regard to hi s premises.
including the Wnts m nature o ,a eas · ' .
whichev~r may be appropriate for the enforcement of fund amental nghts.
In Engli sh Law, no acti on could lie againsl the sovereign in accordance wilh the doclrine "the
. -'d . h t ti e Parliament may by law empower any other Court to exercise within its King can do no wrong". The Crown could not be sued fo r the torts of its scrvanl. This doctrine hus nnw
Article 32 (3) pr°' 1 es t a • 1 • C . d .A ·
local .limit of its jurisdiction all or any of the powers exercisable by the Supreme ou1 t un Cl · rllclc 32 been practically aboli shed by the Crown Proceedings Act, 1947 .
(2) of the Constitution. After the passing of this Act, the Crown can be made liabl e like a private person :
Article 32 (4) prol'ides that. tl1e right guaranteed by this Article i.e. Article 32 shall not be suspended i) where a private empl oyer would have been liable fo r the torts or his servants 10 a third person:
except as proYided by the Constilution. ii) where a private employer would have been li able lo his employees:
iii) where an occupier would have been liable wi th regard to his prem ises.
The Supreme Court of India becomes the protector and guarantor of the fundam ental rights by
virtue of Article 32 of the Constitution. Under the Indian Law:
The High Court is empowered to issue the fo llowing writs: An individual can avail o f' ccrla in exlrao rd in ury n.: mcc.l ics again sl the illegal :u.: tion:-. or lhc
(Add re/e1•ant portion to this answer from tire Answer to Q. No. 20). administration by invoking the Writ jurisdiction ol' the Supreme Court under J\ rt iclc 32 and the l ligh
Court under Article 226 of the Constitution of India. In addition to these remed ies. there arc other civil
remedies available to a person, such as, injunction and declaratory order. The law relaling lo inj unclions.
and declaratory orders is contained in Sections 36 lo 42 of the "Specific Relief J\cl, 1963.
(See to Contract Paper- I "Specific Retie/Act, 1963" by t/r e u11t/ror).
Q.,__ll_;, Discuss the liability of the state for torts committed by its servants./ Explain
These remedies help in preventing the recurrence of admini slralion dlcgality. However, they do
tortuous liability of the Government in India {Nov.2008; Nov.2011; May,2012]. not provide full redress to the aggrieved indi vidual. He may, in addi lion. have to resorl lo the remedies
. OR available to him under the ordinary law, such as a suit fo r damages fo r the loss incurred due lo lhe
The maxim " King can do no wrong" h-;;-never been accepted in India - Discuss tortuous act of the state or its employees: or fo r the loss suffered due 10 breach of conract by the slalc. Fur
[Apr.2005; Nov.2006/. example, a person held in illegal detention may be released by the wril of habeas corpus. Fu rlher. he may
OR prosecute the state employees for wrongful confinement or bring an act ion against them for the lorl ol'
fal se imprisonment.
Write short notes on :
a) Sovereign and non-sovereign functions (Vidyavati's case and Kasturilal's case) But, it may be noted here, that the private citizen's access lo the ord inary courts and lhc ord inary
[Nov.2005; Apr.2006/. remedies may be qualified by the ex istence of certain pri vileges and immun ities enjoyed by the stale (i.e.
act of state).
b) Liability of Government in tort [Apr.2008/.
Act of state :
Answer: An act of the state is a good defence in an ac tion in tort. J\ n acl of the stale is an acl on behalf· of ihe
Government in the exercise of the sovereign pO\vcr of the state. It is done towa rds an ali en (a person who
Uaoi\itv for Wrongs was not it's subj ect) as a matter of policy.
l:ort11ous Liabilicy : Sovereign and non-sovereign functions - ~he act of the state, in order to become good det'cnce. must have fo ll ow ing ingredients -
i1s' ,,,:~;~t~e is lhe_ legal entity and not a living entity, it has to act through human agency, i.e. through :. It must be done against alien;
1 111
S1,1c can lie he~; ) •b•hty of the state for the torts of its' servants 1s a vicarious liability. Therefore, ' I) It must have been done on behalf of the Gowmmcnt:
icanously liable for lhe wrongs commilted by its' servants.
 A 1111wr - Pro . Prakash K. Mok ....---
66. u/. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-2.671..,. _ _ _ _ _ _dA
.!!11!J.tlg1o~r..::JP~r'.Qo>[._f.JP~r:!la'fs.ka!fS!l.hLKff..,._,1~W:[!lo'i!_k!1!.,_al.
T . d by the Government:
horizcd or subsequently rntl IC • In thi s case, it has held that: the East India Co. could be sued fo r the torts of its' servants unless
iii) ft must have been nut of state pohcy. they were committed whil e perfo rming the_ sovereign fun ctions of the state.
ft must have been done as n matter . . Int this_case, a servant of the plmnt, ffco mpany was taking a horse driven carri age belonging to the
i\') ~ !lowed in India, and has been fo ll owed aftcrih
t fthc st,1tc was o I C tt t e company. Whi e the carn age was passing near the Government Dockyard, certain workmen employed by
Th e Eng I,.sh Law relarmg tof the
ac o
Common aw o
I f Jnd1,1 const1n1ted by t ie ons ' u ion as ex ist,
ng the Government, negligently dropped an iron piece on the road. The horse was startled and one of them
Const1t11t1on as ,t became a part ~ i I AIR 1964 SC 1043 (Page 106 1) was injured. Th~ pl aintiff company fil ed a suit again st the defendant and claimed damages. The defendant
. ,· S ~o{G11jarat, h l 01a F1 , a r • - claimed immunity of the Crown .and contended that the action was not maintainable. The High Court of
Ia 11 · talc • C .1 ,•Is Kamachi Bove Saluba, I 859, the TanJore Ra
In Secretary of ,·tale f or 1ndia /" "'~: : we;e taken posse;sion of by the East India Co,npa/ Calcutta held that th e action against the defendant was maintainable and the Vourt awarded damages to
. d t state and ,ts propc .. G I R . ) the plaintiff.
which was an mdepen end •Iari,;g that the Raj lapsed to the Bnt1 sh ovemment on t 1e aJa dying
on behalf of the Crom, ec • ~d . ti e Privy Council held that, this was an act of state and was 001 Justice Peacock says on page 13, "There is a great and cl ear di stinction between acts in the
issueless. In a suit tiled by the w, O\\ . l exercise of what are usually termed 'Sovereign Powers' and acts done in the conduct of undertakings
open to any challenge. . which might be carried on by private indi viduals without having powers delegated to them•·.
ri, , Council had also ruled that the acquisition of territory belonging to another state, "But where an act is done, or a contract is entered into in the exercise of powers. usually called
The p ) od Of quisition (though arbitrary) is an act of state and the mhab,tants of thai sovereign powers, by whi ch we mean, powers which cannot be lawfu lly exercised except by a Sovereign.
\'halever be the m e ac · I· I h ·
;erritorv can a1·ail of only such rights as against the new sovereign w 11c 1 t e new sovereign h~ or if power is delegated by a Sovereign to pri vate individual to exercise that power, no action will lie".
recognized: 1·a;csinghii Joramrsinghji vis. Secretmy of stale AIR 1924 PC 216.
The principle which emerges is that if the fun ction invo lved is sovereign function, the state cannot
In the famous words of Lord Dunedin: "When a territory is acquired by a sovereign state for the be held liable in tort. But, if it is non-sovereign function, the state will be held li able. It is also stated that
first time. that is an act of state". if the act in question is starutory, it may be regarded as a sovereign fun cti on. but if the act in questi on is
non-starutory, it is regarded as a non-sovereign functi on.
A person cannot avail of those rights, which he had under the rule of p~edecessor. It was on this
basis that the Pri,,• Council held in Asrar Ahmad vis. D11rgha Comm1ttee, Apner AIR 1947 P.C. Iha!, Position prior to the Constitution :
when a person claims a hereditary right of his family to the office of M11tawalli (manager o, Before the Constirution of India came into existence, the position with regard to the li ability of the
superintendent of the •wakf. property) in respect of a religious endowment siruated in the territories ceded state for the torts committed by its servants, is to be fo und in the decision of Peninsular and Oriem al
by a Ruler of an Indian state to the British Government, he cannot rely upon any hereditary or other granl steam Navigation Co. vis. The Secretmy of the state f or India Council. As discussed above. it was held in
made before the cession of territory. this case that, if the torts were committed by the servants of the state in the exercise of the Sovereign
functions, or while performing the Sovereign functi on, no action would be taken against the state.
The Nawab of Junagadh did not accede to the Dominion of India after the coming into force of the
Indian Independence Act, 1947. The Nawab fled to a Pakistan leaving the state, in a state of chaos. The Case Law:
administration of Junagadh was taken over by the Government of India in November, 1947 and ao
Administrator was appointed for administering the state. The Administrator cancelled certain grants made Kast11rilal vis. Stale of U.P. -
by the Nawab and dispossessed the persons who were in possession by virtue of the grants. In a suit by Recently, in this case, the Supreme Court had relied upon the decision in Pe11i11s11/ar and Oricntal St<·mn
persons dispossessed by the orders of the Administrator, the Supreme Court held that, the said ordw Navigation Company's case. The decision in this case is also a landmark dec ision wit h rq;a rd to th,·
arose out of, and during the act of state by which the territories of Junagadh were armexed by the liability of the State for torts of its servants. The facts of the case are as under -
Dominion of India and they could not be challenged in a Court of law: State of Saurashtra (now G,yral) . . In this case, Kasntrilal was charged with smuggling go ld over the border. Some gold pic,·cs fou nd
v!r. Mohammad Abdulla. AIR 1962 SC 445. with him were kept in police custody. The police otlicer having the go ld in his custody ran away " ith tlw
gold. Kasrurilal sued the Government.
In Indian Law, the liability of the state for the torts of its' servants has been focused under Article
300 of the Constitution of India. This Article provides that the Government of India or the Governmen~ Gaje11dragadkar J. relied on the decision in Peninsular and V ri,·,11al Steam Na l'i~,,rion
of the state may sue or they may be sued. Company ' s case and held that since the Government was perfonnim: in this case a sovcr,·i~n lhn,·ti ~n. th,·
Government was not liable. H~ echoed Justice Peacoc k's observatio; s -
Under Article 300 of the Constitution , the Government of India and Governments of the States
"There is a great and clear distinction betwt:en nc ls dont: in lhe rxcn.: is1..~of sovcn.·ig11 pnwcr :md
may_ sue or be sued in the same manner as the Dominion of India and the corresponding Provinces io
Bntish lnd1a before the commencement of the Constitution. acts done in the conduct of undertakings which might be carrkd on by pri vate indi vidu11 ls withnut ha ving
suc h power delegated to them when act is dont: or ~o ntra..:t is enten:d int o in the exercise l lr Sll \ 'l'n.·il..! ll
0f
. The law .0 n this point, prior to the commencement of the Constirution is to be found in the decision powers, no action can lie". ' -
a.n old case vi z.-

~ S Thus, the Supreme Court rdicd upon the ratio establi shed in 1hc c11se ,>!' l'.·11i11.,·11 /<1r ,111d Ori, ·111<1/
team Navigalion Co . while dec iding the question or liability.
P,mitts1dar attd Orie.11tul Ste • . 4
l\um. \\CR App I : om Nav,gotwn Co. vis. The S ecretary of state for India i11 Co1111cil (I 961) . Go It was held in this ens!.;! that, since the Govl.:! rmlll~lll wus pcrl'o rm ing its Sll Vl"l'l°i g u li 111 r lilHl . 1hr
0
b vernmcnt was not liable fo r the torts or its servant. The Supre me Co url reilcrn!cd .Justi,,· /\ ·,1,<1, A·.,·
servation given in the case of:
 . . C
68
_ ,l uthor

,fs Sccrctnry of stntc for India in Council.

Peninsular and Oriental Stem Nav1gat1on o. , .

State of Rajastltan vis.. Vid_rai•atlti -

.
rro. rn11ws11 Ii..

driver of 3 jeep of the Collector was bringing it after it

Mokq/ ...--

' --~~==~~~~~~----J
c) Estoppcl and Waiver {Apr.2016/.
69
i2'.:. .·----~Ad.!!;11ttlJhtQO!_r=.f.P'.[,roQJ(.~.f.Pr!fa!}j_kga.~•IL•K{f.,JM~ok/f!a!L_/.

. Ii entl ' with the result that • it· mounted on t I,e ~ ootpat Il an d lu ioc k ed downw,th'
1
Th facts of this case are 11,at. tic
e . . ~
repaired. He drm e tt neg g . > . st the Government. the Supreme Comt held that, the Govern ' contractual Liability of the Government:
plai nti ffs husband. In an action agam.
was liable. The Supreme Court observed - . .
lllcni o"7en nent's
.0 ,
11 executi ve power extends to carry·
any property for public we!~
.
Th. mg on any trade, busmess, or acquiring, holding and
"Now that we have by our Constitution. estabhshed. a R.epubhcan fonn of Government and one 01 d1spo~ing are. is requires Government to enter into contract in various
the objectives is to establish a socialistic state with .,ts vaned mdustnal. and_ othet acllv1!les employing a situations.
large army of sen-ants. there is no justtficat10n t~ pnnc1ple or m pubhc mte1 est, that the state not be held
Government's pow.er to make contracts ( power to carry on trade, etc.) is contained in Article 298 of the
liable vicariously for torruous acts of ,ts sen,ants . Constitution of India.
The law on the topic may now be summarised as follows : · , Article 299 (I) lay.s down the mode in whi ch Government Contracts have to be made. lt
I) Article 300 of the Constitution lays down that, the state_may sue or may be sued m .tort. prescribes a special formality for contracts in order to be binding upon the Government of lndia or
2) ln determining the liability of the state for the torts of its servants, the old d1stmct1on. between th, Govemment of a State, as the case may be. lt lays down that _
sovereign and non-sovereign function s of the state beco.mes relevant even to_day as 1t ts recognised "All contracts made in the exercise of the executive power of the Union or of a State shall be
by our Supreme Court. In other words, the state 1s not hable for the torts of tts servants committed expressed to be made by the President, or by the Governor of the State, as the case may be, and all such
by them while performing the sovereign functions. contracts and all assurances of property made in the exercise of that power, shaU be executed on behalf of
3) The state would not be liable for the acts of its servants done in the exercise of the sovereign the President ot the Governor by such persons and in such manner as he may direct or authorise".
power.
Thus, Article 299 lays down the formality which must be complied with in order to bind the
With a view to determine the extent of liability of the state for torts of its servants the distinction Government with contractual liability. However, the substantive law of Govenunent Contracts is not laid
between Sovereign and Non-Sovereign functions has relevance, which is recognised by the Supreme down by the Constitution or statutes.
Court of lndia.
From the above, it is to be noted that, the contracts made by or wi th the Union or a State Government
Statutorv immunih· : must fulfil the following requirements -
The state should always be not treated on par with the private individual. The state is burdened i) All such contracts must be expressed to be made by the President or the Governor as the case may
with heavy responsibilities to perform as a custodian of the public interest and public welfare schemes are be;
often taken up by the Government. This makes necessary that the state should enjoy preferential treat1nen1 ii) All such contracts are to be executed by such persons and in such manner as the president or the
in some respects. This is done by conferring certain privileges and immunities upon the state by certain Governor may direct or authorise; and
statutes. iii) All such contracts made in the exercise of the executive power are to be executed on behalf of the
President or the Governor as the case may be.
Case Law: iv) All such contracts must be in writing.
v) All such contracts must be entered into by a person authorised for that purpose by the President or
Builders Supply Corporation vis. India, AIR I965, S.C. - the Governor as the case may be. lf it is signed by an officer who is not authorised by the
ln this case the Supreme Court held that, the arrears of income-tax due to the state could claim
President or Governor, the said contrac t is not binding on the Government and it cannot be
priority over private debts. Such precedence has been guaranteed by a provision in the impugned lncom• enforced against it - Union oflndia ·vis. N. K. Private Ltd. (AlR 1972 S.C. 9 15), ln this case, the
Tax statute. and it is not violative of Article 14 of the Constitution oflndia. Director was authorised to enter into a contract on behalf of the President. The contract was
So also, Section 378 of the Code of Criminal Procedure, 1973, gives a right to the Government to entered into by the Secretary, Railway Board. The Supreme Court held that. the contract was
appeal from administration acquittal, whereas, such a right is not available to a private complainant. · entered into by an officer not authorised for the said purpose and it was not a valid and binding
Under Section 80 of the Code of Civil Procedure, no suit can be brought against the Government unless contract.
two months notice 1s given before institution of the suit. Article 299 (2) provides that, neither the President, nor the Gove rnor shall be personally liab le in respect
of any contract executed for the purpose of the Constitution or for the purpose of any enactment relating
to the Government of India.
. It also immunes a person making or executing (a person authorised for that purpose by the
President or the Governor) any suc h contract on behalf of the President or Governor from personal
~ Discuss the nature of contractual liability of the state. liability.
OR
Write sho~otes on: The doctrine of necess ity recognised under Common Law is also a~pli~d in India ~ome ex~en~ - .t° "
) A contract that fetters freedo m of executi ve action or leg1slat1ve authonty 1s not b111d111g on the
~) 1;;abil~ty of Government in a Contract (Apr.20 J5].
octnne of Estoppels [Dec.2014; Apr.2015]. Government.
 ii)
iii)
iv)
A
.
contract tlrnt
Right to prosecu
fetters
le cannot be barre
Stnluto1y power vested _1 p .
. • Such adm1mstrat,on agrc
exercise it.
70,

freedom of legislative autJ1oril) is

d by contract.
.
Author- Pro . Prakast, K. /It

. , • nol binding on the Government .

· ·
b bartered away by entering 11110 contract
·n ublic authority cannot c. ' .
ement would be mvahd .
.
~
0/Q
(

no11

. f tl1e tests of i) reasonableness (Art icle 19); and ii) p b

---
In
aga
1h15
111st
71. A uthor - Prof; Prakash K. Mokal.

. tclltfe11 t o/Tto:cs vi.~. 0. N. Trust, A IR. / 975, S.C. 2065 -

S11/lerll' ase the petitioners obtained fro m the High Court an interim orders staying all tax proceedings
~liei;, on the ground of the invalidity of the Act. Thereafter, the validity of the Act was upheld by
enie Court. In the meanti me, the statutory time-limit for issuing notices for initiating assessment
the ~~~'.ngs had ex_pired. It w~s contended _by_ the Go~ern ment_th_at the petitioners should be_deemed to
t must satis Y · · I A · I 14 f I u1,. proc ived th eir ri ght to receive noti ces w1thm the said t1me-hrn1t by their conduct m obta1mng the stay
In making contracts, Govemmen . t' n of tenders must comply wit i rt1c e o tie Constitur '
have wf~om the High Court. The Supreme Court did not accept thi s contention of the Government.
interest (Art icle I 9). Acceptance or re1ec ,o I°' orders
of India. nment 's Privileges in Legal Proceedin gs -
~ Gr vernment has certain privileges under the law of procedure as regards actions brought against it.
Estoppel and Waiver : The o
They are as under - .
Section 80 of the Civil Procedure Code provides that, no suit can be brought against the
Estoppel : . . . f stoppel is that a person (offi cer) who by some fa lse statement I) Government unless two month ' s notice is given befo re institution of the suit. .
The basic princ1p 1e o e ' . . • - f h ~
th (p ·vate individual) to act to his detriment m re1rnnce o t e truth of it is This provision also includes sui ts against public office rs when an act is purported to be done m
assurance causes ano er n . . . 1 f Id t b' d th G , n~
allowed t~ deny it later. even though it is false. This princ1p e o esloppe oes no m e ovemJlJeni their offi cial capacity.
for contracts entered into by its' offi cers. Section 82 gi ves similar privi lege to the Government or a public o fficer as a judgement debtor. A
JI)
decree against the Government or a public officer in his official capacity shall not be executed
According to Article 299 of the Constitution oflndi a, the government contracts are required 10~
unless -
formal and strictly in accordance with the prov1S1ons of Article 299. If, m absence of such formal contra a) it has not been satisfi ed within the time to be speci fi ed in the decree in thi s_behalf; or
a person acts on the assurance given by the officer on behalf of the Government; Is the GovemJlJcC\ b) where no time is spec ifi ed in the decree, three months have elapsed smce the date o f the
bound by the assurance given on its' behalf by its' officer? nt
decree.
The traditional view has been that, the Government is not bound by the advice, representation 01 Ill) Section 378 of the Criminal Procedure Code, 1973 gives a right to the Government to appeal
assurance made by an officer on its' behalf, if the officer has acted ultra vires. from an acquittal, whereas,
such a right is not available to a private complainant.
Thus. a contract whi_ch is void for non-compliance with Article 299 ( I) cannot be enforced against
the Government on the footuig ofrepresentat1on made by the officer of the Government. This is to proletl Government's Privilege to Secrecv - State Secrets, Public Interest, Ri 0 ht to Inform ation -
the Government from clandestine or irresponsible acts of its' servants, officers. The government enjoys the pri vilege of withholding the disclosure of documen ts in courts if such
disclosure is likely to j eopardise publi c interest. ln the matters, such as national defence, diplomacy,
. Article 2_99 (I) lays down the mode in which Government Contracts have to be made. It prescribe; fo reign affairs, decisions of the Cabinet and investigation of cri me, the pri vilege to withhold disclosure of
a special formahty for contracts m order to be binding upon the Government of India or Government of a documents becomes necessary.
State, as the case may be. In other words, the contracts with_the Government should not be made in any It is to be noted here that, right to information is required fo r people's parti cipation in the
otber manne_r, than as prescnbed under_Article 299. Therefore, no estoppel can be raised against the democratic process and also for the due process of law.
government m case of non-compliance with such a provision.
The Supreme Court in h1dia11 Express Newspapers (P) Ltd. vis. U11io11 of India , (A IR 1986, S. C. 5 15),
Waiver: held that, right to in fo rmation is part of the right to freedom of speech and express ion.
If a person waives bis rights to s th h ·
However
right . . ofthwa1.ver canuebe made
and 'ttnc1ple e government,
applicable,eonly
cannot claim
when, theorperson
enforce his rightsknows
concerned at a later stage
about .
his._._._._._._._._ ___________________________________________________________________
. en waives e same. Thus, waiver mvolves -
'.)) ~oluntary or intentional abandonment of a known existing legal right
'.'.. aiver may be express or implied by conduct. · Q. 24: Define and Classify the Public Corporations and explain the control of Public
m) In order to apply waiver, the parties thereto t I h . . .
was to be waived. · mus app Y t eir mmds to the subJect-rnatter of what Corporations [Nov.2008; Apr.201 J; May,2012/.
iv] ~ e waiver must be "an intentional act with knowledge" OR
v ere can be no waiver unless the person concerned . . . Deline Public Corporation. Explain the characteristics and classification of
knowledge of such right, he intentionally aba d . is fully mformed as to his right, and with full Corporations [Apr.2010; Nov.2015/.
The SUpreme C . D OD S II.
"/\. waive . oun m Associated Hotels India Ltd. vis s B S d
against ;h~~ ri
an mtenti_ona\ relinquishment of a know~ h.t a~ ar, AIR 1968, S.~. 933, observed thal,
OR
~xplain the classification of public corporations and discuss the legal status and
action for the "'r"ver is claimed had full knowledge of~. · ~ ere can be no waiver unless the persoJI
en orcement of such rights". is ng ts and facts enabling him to effectual •a~ilities of Public Corporation Discuss with example the privileges and immunities
~ enJoyed by such corporation'? /Apr.2009/.
- Discuss the liabilities of
Ad ministration System.
Statutory
OR

QB .
At1thor - Prof. Prakash K. ~

-Public Corporation under

the

2016/
--
JIIIII""""'

1
0
ad ""snent 0 ; in the State Government.
Governr
73. A11thor Pro f. Prakash K. Mokal
rporation is an autonomous body and is its' own master in its' day-to-day management and
6) A c~ration though. the ownership. control and management of a corporation is vested in the Union

A corporation is required to fo llow and observe the direction relating to policy matters given by
. 'ohts and functions /Apr. · 7) riate Government.
approp
. • Discuss its n.,
What is corporation . QB oration which is created under the Statute is considered as the "state" within the meaning of
S)A. COIrp2 of the Const1tullon
. . ofld ' .
n ia
1
ArllC C
Write short notes o? : ation /Apr.2006; Nov.2006/. oration is subject to the jurisdiction of the High Court and the Supreme Court under Article 226,
a) Liabili~· o~ ~ubhc co;i;~orporation /Nov.2009/. 9) A co rp . 1
b) Characteristics of Pu . {Dec.2014/. an d un der Article 32, respective y.
c) Social Senice Corporation JO) A corporation is liable for the breach of contract, and also liable fo r tort.
d) Kinds of Corporation {Apr.2016/.
I I) The provisions of Constitution of India and Citizenship Act carmot be applied to corporation. since it
is not natural person.
Answer _: te ersonality of its' own and is considered in law. as a separate and distin~
A corporaaon has 3 corpora P . has a separate legal existence, which 1s dtstmct and mdependent of Classification of Public Corporation =. .
entitv. In other words. a corporaaon .
its. ~embers who compose the corporatton. Some of the classifications of Public Corporations are summansed as under -
. • ·fi · llegal person because law creates it and it can be dissolved only bv Prof. Griffith and Prof. Street : .
A corporation is an artt c1a , .' . b b . ..
. · ration is juristic entity and not an aggregation of its mem ers_, ecause, a corporation 1s a Prof. Griffith and Prof. Street classified the public corporations into following two groups -
~:fi:.a~~:, person having separate legal entity with perpetual succession, common, seal, and w,~ a) Managerial Economic Bodies.
limited liability. A corporation is empowered to acquire, hold and transfer property m tts own corporate. b) Managerial Social Bodies.
name. and it can also sue and can be sued by its own members. A corporation may be fined for any breaci
or infringement of the provision of law in force. Prof. Garner :
Prof. Garner classified the public corporations into three groups -
Case Law : a) Commercial Corporation.
b) Managerial Corporation.
Dhanoa ,is. Municipal Corporation Delhi AIR. 1981 S.C. 1395- . c) Regulatory Corporation.
The Supreme Coun defined the term "corporation" in this case. Accordmg to the Supreme Cou~
a corporation means, an artificial legal person created by law having separate legal entity, which 1s Prof. Hood Phillips :
entirely separate and distinct from its' members with perpetual succession, common seal and w,th th1 Prof. Hood Phillips classified public corporations into four groups -
capacity to acquire, bold, transfer property by entering into contract and to sue or be sued m its' owo a) Managerial, Industrial or Commercial Corporation.
name. b) Managerial, Social Service Corporation.
c) Regulatory Corporation.
Characteristics of the Corporation : d) Advisory Corporation.
I) A corporation is an artificial legal person, because, it has been recognised by law as it is being capabll
of rights and duties. Public Corporations are classified into the followino four oroups in India :
a) Commercial Corporation.
2) A corporation has a separate legal existence, that is, it has a separate legal personality which is distinct
b) Development Corporation .
and independent from its' members.
c) Social Service Corporation.
3) A corporation has a perpetual succession. The term "perpetual succession" means that, even if th1
d) Financial Corporation.
mem_bershtp of the corporation keeps changing from time to time, such change does not affect thl
continuous existence of the corporation.
a) Commercial Corporation :
4
th\ A corporation has no soul, flesh and body, however, it acts through the natural persons i c officers oi " The public corporations which deal with the conunercial and industria l funct ions are ca lled
e go\'emrncnt. · · ·
Commercial Corporations". Since. the functions of Commercial Corporation are commercial in narure.
S\ A corporaf · they ought to be financially self-supporti ng. and earning profit is the essential intention of the commercial
mn can acqutre, hold, and transfer the property in its' own corporate name.
corporation. It is mandatory and compulsory that the commercial corporations are required to conduct
their_affairs in the interest of public. and that is why. commercial corporations arc not confined to profit
makmg motive alone.
 --
Author - I'm . l'raknst, K. il/01. Jllll1""""'
74. ' Q( 75. /1 11/ltor I'm(. Prnkns/r K. Mokal.

. rconnncrciul Corporations: _ J. /\ir Lines and Air India Corporation. Lill~ility in Torts : .
1 he e-xarnplrs o T dine (\lfJ'IOrnt10 11:-. 1n irtn 2
l - /\ public corporat ion ca n be held li abl e for torts commiued by its' servants. However, it is
ll industan 1achinc Tools. State rn •
necessary that the act comm iued by the servant of a public corporation, must be within the powers and
osc of the publi c corporat1on. Therefore, if the ac t commiued by the servant of the pub lic corporati on
b) !> c~''..£
'C:!!IO!JD!.
- !n!!l£Cn!!t7C~oC!.rp=o::-;ru~tir'-;:'Do;::n-;-:::i:lo11111cnt c,,rpomI,on relates to encourage
· Ii
national progress '
· I · • fsu~(r{I vires, the public corporation cannot be held liable for the ultra vires acts of its' employees or
The basic feature o c,·c C mtion may require mancia assistance f 1
.. • Tl c Dcvch,pmcnt orpo • _ . r0i:i
promotine dc,·clopmcn1 ac ll\lllCS. , , . ·I ·orporation may not be lmancta 11 y sound, as su;
servant~he immun ity confe rred on the Government under Article 300 of the Constitution, cannot be
the Go,•c';nmcn1 at their initial s t~!_!l'. bccaus.c::. :uc l c c,l
corporations differ fl\1111 cvmm,•n:ial corporn11011 .. claimed by the public corporat ion. A corporation cannot be sued for torts or tortuous acts of personal
nature, such as, personal defamation, ass_ault, but the publi c corporation can be sued fo r lrbel, deceit or
Exa mples orDc.-rlopmcnt Corporation: , I r1cious prosecuti on. A pub lic corporati on has a power to sue for tortuous act of any person. A publrc
Commission. Damodar Va lley Corporatio
Food Corporation of India. Oil and Natura Gas ma 0 ration can ava il of the same defen ce in an action aga inst publ ic corporation for tortuous acts of its'
arc some of the examples of Dcvelopn,e:; corparits which are available to a pri vate indi vidual in similar situation.
\\°arehousmg. National Sma ll Industries Corpora11on. scrv
Corporauon.
!Jllmunit)'.: . I bl . . . . . . . h
If the Statute under wh1 c_1 ~ pu re corporation comes m to ex istence, prov ides some 1mmu111ty on I _e
c) Social Senice Corporation : . . .· .. ublic corporation o'. on its servants for therr tortuous acts done m good_fa ith while dtschargmg their
The basic aim of Social Corporation is to prov1d_e social_service lo the ctltzen_s on behalf ofthi
GO\ emment. Such corporations provide certain essential services to the people. like trn nsportatioQ ~uties, in such situation, the pubhc corpmat1on _enJoys the 1mmu111ty. Section 28 of the OIi and Natural
electricit, . communications. energy. etc. The obJect1ve of Social Service Corporalton ts to providi Gas Commission Act grants such 1mmu111ty to 0 11 and Natural Gas Comm1ss1on.
serYiccs ;0 the community economically and efficiently on behalf of the Government, eranmg profit is n~
J) Liability for Crime : . . . . . .
the primary aim. Such corporations are not comm~rcial in nature, and th~refore, they cannot be _financially A public corporation may be held !table for the cnmmal offence comm1tted by tis servants. In
considered 10 be self-supporting. Profit motive ts irrelevant m the funct1onmg of such corporalton. Soci~ other words, a public corporation is held liable vicariously for offence committed by its servants in_the
Corporation recei,·es financial assistance from the Government. course of employment. The public corporation is vicariously liable fo r the offences such_as_ hbel,
Examples of Social Corporation : nuisance, and fraud, contempt of court, etc. committed by the servants of the public corporation m the
Housine Boards. Rehabilitation Housing Corporation, Employees State Insurance Corporati on, Hospital course of their employment. A public corporation is an anificial legal person and it is not natural person
Boards ~e the examples of Social Corporation. 10 commit offences such as bigamy, murder, hurt, and therefore, a pub lic corporation cannot be sentenced
to death or imprisonment.
d) Financial Corporation : Legislative and Governmental Control : .
The main aim of the financial corporation is to provide financial assistance in the fonn of loans lo The public corporations and public undertakings arc subject to the control exercrsed by the
the institutions engaged in trade. business or manufacturing, industry on such terms and conditions. Such Ministers and Parliament. Public enterprises, other than development undenakings arc accounta ble to
financial Corporations extend loan to displaced persons with a view to give them a helping hand to senl, Parliament through Ministers having the concerned port-fo lio. The Parliament or the Government
in trade. business or in any industry. Such Corporation also provide, credit to the institution on such tenns exercises such control in the following manner -
and conditions.
i) Minister concerned can look into the working of the public enterprises and inquire into the complaints
Examples or Financial Corporation : made against such enterprises;
State Bank of India. Reserve Bank of India, Industrial Finance Corporation, and Life Insurance ii) Members of Parliament can discuss matters penaining to public enterprises by asking questions lo the
Corporation of India are the examples of finan cial corporation. Minister concerned;
iii) Members of Parliament can also discuss matters pertaining to publ ic enterprises by asking questions
Liabilities of Public Corporation : during debate on an amendment of an Act of incorporation or budget or debate on annual report of the
corporation;
I) Liabilil\· in Contract : iv) Audit Report and Annual Administration Report of publ ic undenaking arc required lo be placed before
A corporation is a legal person which has a separate legal entity. It is different from its' membc~. the legislature. The legislature expresses its' opinion while discussi ng these Reports; . .
:!~:efore. a corpo'."tion can_sue_and can be sued in its own corporate name. A corporation can enter v) The legislature controls the amount invested or loaned out to a public undertaktng by votmg m fa vour
or against ·
existcn~tract, but !Is lrab,lrty ,s within the ambit and scope of the Statute under which it has come into
by lhe co. : corporat,on is lrable for ,breach of contract lrke any other person, but the contract entered into vi) The Public Accounts Committee or Estimates Committee constituted of Members of Parliament,
not held ;r.b~~on mu~t be w1th10 tts power and if the contract is made beyond its power a corporation i; examines in the context of the autonomy and effi ciency
Wh e or su~ contract, because, such contract is ultra vires or void 1

en a pubhc corporation enters i t 1 ·I · · Accountability

satisfy u,e requireme t .d . . n o a con ract w1t 1 pnvate indi vidual such cont ract need not
.d n prov, ed m An,cle 299 of the Cons1·1 I u fton. Th e requirement
' ·
as prov, ed under Section 80 r h C . p of two months no11c< Committee on Public Undertaking. Estimates Com mittee. etc. :
not apply to the public corpo;i; : tv1 1 rocedure Code before filing the suit against Government, do<i The functions of the Committee arc -
 Author Pro f. Prakash K. .~ lfo••t . . . . . .__....
- ·lllllw r Pro f: />r11A " '" I\ . \lc, Ao /.
76.

'
ii) L)inbmlsm:m is :,ppi.'ink·d b;- Parliament and h1..· is abl,, 1..• p:,rt;' \'l'lit11..·s "1th .,\,i\1t;' h' 1h111k .md d l'\.'h.k
. - uvlic undertakings: _ _. ...
• to examine the reports :ind acco_unt, of p lier General. on publK undertakmg, . l,h1c'-'1i,dy. . . .
. •) · . the reports if anY. of the c,,mpm> _ . , ci· of public 11ndcrrnk1m:s. "hcthcr the at"-· iii) 01\\budsm!m ts not t.hsturb1.·. d b~ :_m~ 11\tt:'rli..·1~1\\.'1.• l' \ l' I\ b~ P:1rliaml'1\l in d1:-\·h.1rg.1.'. ,,( h1 :- Jut,\·,.
ii) to exarmne · · . , and d 11r1t: n • _ ... . . • ..,,I\
""") ·amine. in the context ol the au1onom;' . . . nhth.'C with sound b u Sllll'SS pn111,.•1p k s and Pn1d, 1 1
j\') omhud:-nt:m '-·p,wts ''. lh1..· l':,rlrn_ ml'nl thl' l\.':ll'li,,ns ,,( thl' l·i1i1l'n:- :1~.1111:-1 th1..· .1dm1m:- 11.1tl\' 1t .1\,, n ~
m to ex _ . . . • b"ing man!H!l'<i 111 .1cco ,
of ,he pubhr undertaking, ar< ' - - _
1.:n1 with his O" II rl'1..·~,mm1..· n~latwn t1.., 1..•rad11.·. :11c.· the.• l':1us1..• ,,r 1.·. ,,mplaints.
commercial practices: _ _ hL' Public A1..·counis Commitk·c and th1.:.• Estimates Co1niniul't \') Oinbudsm:m is -~·,,nsidl'J\.'d :~s "w_a1l'l,-du ~" 1-'r .. put,\ k :-:al\.•t ' ,nhl' .. a~:1ins1 :1dm1111:- trn lh'I\ .md lw 1,
h·) to exercise other fum:nons ,-t"~tt."Ci in t :iba' l',,osi<kl'l'd as pn,h.'l'll'r 1.,1 till' htth.· man".
which relate to the public undcrtnl@gs.
p,nn•rs nnrl rlutil'S of Omhurlsmnn :
ijo inlmdsmnn _h:~s a l~\,wc r hJ in,·c.•stig:\l1..' and 1,, inquin.• int,, 1.·1.,mp l:1i111s m:hk b, 1.·1tt ll· n:- :,~·""' ' Il l\'
,n isusc :1husc 1.,1 dtsl't\.'lll'll:,ry p1.,wc.• r h~ th1..· :1dm111is11111i, '-· m,tih,ritic.·s.
ii) o ,nhudsm:m has a l_ )o_wc.T ~'-' 1:1kc.• n!'l~l\ 'l'l'i:1h: st1.• ps agninst tlh.' :ibus. .· ,,f d1sn \• ti,,n:11 ~ I'''" '-''' · m.d
0. 25: Write short account on institutio~:f Ombudsman /Apr.20 I .'if. adininistrnli1.rn :111 ~1 :Hl111 1ntstr:.111 , 1..• 1ns11!111.·. 11..• 111..·~,.
iii) Qmhud:mrn n 1s lhl l h1.,111hl hy thl' stri1..·1 mks ,,r l·,·idc.•n1..·1..-. hl•1.·:n1sl'. 1h1.• \·,,mph,in:mt i:-: "''' 1l·qu u\'d h'
Discuss the importance of Ombudsman to protect citizens against abusl' of adduce.• cvicklll''-' or ~ivc.• l'Vidc111.·. c.• 11., p1, ,, c.' his 1..' asc.• h. .·t~ll'\' 1111.· t )111buds111:1,1.
,·) Ombudsman has p1.,wc.·r 11., hml' tit\ :\1..'\'1..' SS fl, dc.• p:11 1mc111:1l 1\·1.·1.,1, ls ,,1dl'p:Htrnl'nlnl ti k f1.,1 1lw p111p,,, 1.·
Discretionarl' Power /Apr.2010: Noi•. 2013/. 1.,f :my inquiry 1.ll' invc.•sti ga ti nn rl..'!ating. In th1..· 1..·,Hnpln in1 s.
. OR
") Ombudsman lms powc..·r t1., n...-1 .. sun morn" li ,c.• . ,,nits' 1.,\\ 11 ) .
Explain the functions of a Lokayukta as stated under the Malrnrnshtrn Lokayuktn ,·i) Omhudsmnn !ms p1.nvc.•r 11.l gnmt rl..'!k·f 11., th1..' aggri1.•, l'd I"-''~''" :rnd th1..· p1.,w1.• 1~ ..,!' tlw 1.,mh11d:-m:u1 111,·
Act, 1971 /Noi•.2009/. tHlt rcslril'tc..·d.
OR ,•ii) The fu111..: ti1.lll und dut y 1., r nmhudsrnnn is 11., 1..'I\S\11\' 1111d s:11ist'~1 hims,·lf ns 11., \\ h1.•1h1..'t' lh1..· ,·1.,mpl 111 n1 "
Discuss the constitution, status, powers and functions of Ombudsman in India. _iusti lkd.
OR ll,•krts in th,• lnstit ntion of 0111l1111ts11111n :
Write Short Notes on the following : The..• nrgumc..·nt ndv:mn·d ugai nst lhc.• ( )rnhudsman rl..'!ntcd h, lhl· dl.'llxt i11 tlw insti1u1i,,11 ,,f( lmh11d:-m:u,
a) Lokpal/Lokayukta /Apr.2000; Apr. 2001; Apr.2003; Apr.2006: Apr.lO0S/. Some nr the 1.kli:i.;1s o r omhudsmnn Il l\' Sll\1\lllll l'isc.·d l\S lllllkl'
b) Ombudsman /Apr.2000; Nov.2007; Noi•.2008; Apr.2009/.
c) Lokayukta and Up-Lokayukta. I) II is nrgucd th nt, S\JCCCSS or the..· i11:-ilit11tirn1 or () mhudsmnn in th,· l'\H \llll y likt' S\\ v,k11 IS \hll d11 ,· h' II \\'
d) Lokpal Bill /May,2012; Apr.2013; Noi•.2013/. merit of the institution nr Omh11dsma11 , hut mni nly. du,· to the 1w1s,H1nli1 ~ ,, 1· th1.· firs t ( lmbud:-11 1:111
Projl•.,·.,·or llurH'it-;. who had t11ken kc.'l'll i11tc.·rc.·st in tl H.' 1.·1.H npl11 i111s 1wrs,11wlh "i th tlw 1'h'111p1
Answer: invi:stign lion .

A) Ombudsman : 2) If the number of s111.: h O mh11ds111u11 is 11Hu·c. in 01lwr \\·,,rds. 11' lhl·r,· nr1.• 11u11,lwr 1.ll' ,1!1i,·t·rs !ll'p,,1111,·d 11:,.
Ombudsman. then the prc.•s ti g1..~11 ml persona l l'tH\l nl' I wi ll lw 11 lfr,·tl·d .
Meaning of Ombudsman:
3) II' a single o rticc.· r is appointed ns Omhudsmnn und 111..· is rcquin.:d 111 d1.• 1w11d lllHIII ti l:11 g1.· 1\11111h c 1 ,,f
The word ··Ombudsman" is a Scandinavian word. It means, an agent, a delegate. a commi ssioner
subordinntc stnl"I: then nlso the pcrsnnnl cnnlnl't 1111d prl'Sli!:,. wi ll he 111°1',·,·ll"d .
or officer of Parliament. He perfom1s his duty of acting as an agent of Parliament to safeguard rhc ci tizens
against abuse or mtsuse of admmtstrallve power by executive or adm inistrative authorities. 4) The instituti on o r Ombudsmnn may prnv1.. · sur ccss ful in 1hc 1..·,u111 111 c..·s hm 111g s 111 11 II Jhlp11l n111 l11 ,
compared to other counlrics li ke lndiu. hct:nusc.:. less pnp11l 111i,111 will ha ve k·ss 1.·0111pl:1i 11ts nnd h1 Lkll l \\ 1th
_ _The primary function of '"Ombudsman" is to investigate allegat ions of mis-administration. l·k
mvesllgates and repon s to Parliament on citizens' complaints agai nst the government. less complaints is easy to dispose, or.

Historical background of Ombudsman : S) Mukhnrj cc, J. is o r the.: view tlmt. the institution or 0111huds11 rn 11 is nn i111prn,·tic11hk :111d d1 :-:1st1 ,1u:-
cxpcri111cnt, wh ich docs not fir into lndinn Cnnsriru1i n11 .
Z.ea\an:;ei:~~:io;in~~~•dO;b~ds;~n" r;rs\ came into Sweden in 1809. The Countries including New
fonn ofLokpa\ and Lokayukta,";c~n t ~nt~ ie_ onn of Parliamentary_commissioner) and in India (in th~ !&._nc!usinn -
S ep e e mslltut1on of"Ombudsman". . . In the dcmocrntit: set-up. it is the dut y tu provitk 11dcqun1c..· 111t:1111s l~u· the rcdr1..•s:-.nl ,lr g11c, .1tll'1.•, ,,r
\atus of Ombudsman : th e ~1t.1zens agninst the injustice l'.aused to them due 10 nhuse or mi sus1..• nf d1 S\'ll'tin11nry l'''"\·1-.... 11ml
Tue Status of the O b d
i) Ombudsman is: _u dsman may be ascenained and summarised as under - administrat ion , or administrati ve insuflicicncy.
mteyity JU ge or a lawyer or high officer with h II d The present courts arc ovcrburdi;ni:d to dea l wit h nil cnscs nl' i11jus1i,·cs. tlwrl•l\11c, 11 " l'l· lt
- unc a engeable character, reputati on nn ~cc~ssary that , an institution o r Ornbudsman wo uld prove us II subsluntml hel p 111 d,lin g full 1111d \'1H11pk1c
JliSltcc to the ci ti zen, who arc aggrie ved due to nb use ol'discretionnry powers. m1tl •udm i111s11 11 111111. l'll°
 A uthor Prof. Prakash K. ~ ..,..-
78. -------------------1.1:z.9,__. _ _ _ _---'A:!t!!Jtl!J!.hQort:..::.J:.P'.!:!ro'!J.(.'.,_.Ptrl}a~kJ!.a.l/,l'!_tKfi.'--'Mi!!Qofi:kuf!J:.l.

11 rnust be deemed lo be Hi gh Court within the meaning of Contempt of Court Act.

· k I And Lokayukta : dation 10 establish Ombudsman type machinery Z) Lokayukta must be give n powers of search and seizure with in the meani ng of the Code of Criminal
B) Lo pa mmission made recomrnen . 3
> procedure. . .
The Administrative Reform Co fgrievances of the c111zens. Lokayukta must be provided with separate investigating agency.
in India to consider the prob~e;t:,o-categories of Ombudsman - :: No security deposit should be mandatory for filing complaint before Lokayukta.
The commission recommen e . fMini sters and Secretanes; .
I) Lokpal - to investigate the act10n o (Officials below the rank ofsecretanes. Lok al Bill : Di scuss01e fo llowing in support of your answer _ _ _ _
2) Lokayukta - to investigate the action o
~ The 111sl1tut1 on of Ombudsman started first m 1809 m Sweden - Later many countri es like
Lok al: _ President on the recommendati on of the Prime Minister_Who a) Finland in 19 19, Denmark in 1955, New Zealand in 1962, U.K. in 1967 ... also adopted the system of
~ e is to be appointed by th0 . . h he Chief Justice of India and the leader of opposition in Ombudsman. _
recommends him after having consultation wit t . b) Meaning: Ombudsman 1s a delegate, agent. offi ce or a Commi ss ioner of Parli ament who is appointed
the Loksabha. . however he can be considered for re-appointment for one to inquire and investigate into complaints made by ci tizens against abuse of discreti onary power, mal-
The term of his office ,s five yearsb, oved by the order of the President, and such order is admini stration or administrati ve ineffi ciency.
The Lokpal can e rem th. d . . c) Jurisdiction : Ombudsman_ in New Zealand, Denmark and Norway has no authority over the
more term of fi ve years. . h House of Parliament supported by two ir maJonty of that
condition precedent of an address in eac Judiciary. But, Sweden and Fm land have jurisdiction on Judiciary also.
House present and voting. d) Characteristics : This system is highly fl ex ible in place and lime .. ... , it is designed lo suit the local
needs and conditi ons; it has access to all fi les and documents; it is not a substitute fo r Judiciary in
~owers : is authorised to investigate complaints against the Ministers and Secretaries. He has power lo India.
1
•) A L_okpa , action taken by the Minister or with the approval of the M•~•ster, by the secret_anes. e) Case Law - Give history of Lok Pal Bill and refer recent Lok Pal Bill passed by Raj ya Sabha.
mvesu_gate anh) I t1·nvestigate the action "s110-moto", if he receives such mformatr on from any
ii) A Lokpal as a so power o
0th
er source.I .
iii) A Lokpa entertains on1y su
ch coniplai·nts in which alternative remedy is not available or wi ll not be
adequate. CHAPTER-II
Exclusion of cases : "Civil Services in India"
The fo llowing cases are excluded from the purview of the Lokpal -
i) Action pertaining to foreign government.
~ Define the term 'Civil Service' and discuss the nature/characteristics and
ii) Action pertaining to international organi zation.
iii) The Extradition Act, 1962 and Foreign Act, 1946. classification of Civil Service in India {Nov.2006; Apr.2007; Apr.2009; Apr.2013;
iv) Action with regard to security of the state. Nov.2015/.
v) Action arising from contract amounting to purely commercial relation with suppliers and customers. OR
vi) Action relating to appointment, harassment or gross delay in meeting contractual obligati on, removal, Define the term 'Civil Service' and explain the constitutional safeguards to the
pay, discipline, superannuating or other personal matters. .
Doctrine of Pleasure. {Nov.20 10/.
The conclusion reached by the Lokpal must be communicated to the Prime Minister or the Chief
Minister as the case may be. An action taken on the Lokpal will be communicated to him within two OR
months from the receipt of the conclusion or communication . Discuss the Doctrine of Pleasure and th;-;;-onstitutional safeguards to civil servants
/Nov.2009/.
Lokavukta:
He is to be appointed by the Governor on the recommendation after consulting the Lokpal, Chief OR
Justice and Chief Minister of the State. The term of his office is five years. However, he can be Discuss the role of Civil Service in India /Nov.200 7/.
considered for re-appointment for one more term of five years. OR
Lokayukta can be removed by the Governor, and such order is condition precedent of an address Nature and organization of civil services {Apr.2005/.
to each house. In other words, he can be removed from his office on the groun d of misbehaviour, and on State the nature and organization of civil services from colonial relics to democratic
no other ground. The Lokayukta is under the superintendence of Lokpal. However, the Lokpal is nol
appea\late or reversionary authority over the Lokayukta. aspiration and discuss the powers and function s of the civil serva nts.
Powers :
OR
~ite short notes on : -
the,.,; Lfokayukta is empowered to investigate the complaints relating to the action of official belo" a) General features of Civil Service in India/Apr.2006/.
o secretary.
Su "lions mad b s·
b) Functions of Civil Service {Apr.2009; Nov.2012/.
t) The · , · . e v •mla Conferenceof Lokavuktain J986 -
1"st1tuh0" of Lokayukta must be given constitutional status.
~ P~blic Accountability {Apr.2010; Nov.2015/.
) Right to Information .

......._
• ~
General aspects
8U.

N ture and organisation of civil service :

a . . · .
From colonial relics to democratic asp1rat1on.
--
his hab it of life a
nd th
81. Author Prof. Prakash K. Mokal
ough t, a nd would_ not usually enhance his reputation or prospects in the service
This tradit ion would never have grown. if_politics had been allowed to enter into the recruitment of th~
Civi l Serv ice. Another famo us charactenst1c of the British Civil Servant is his incorruptibility.
d C" ·1 Servants' owers and funcu
Nature and Role of Civil Service in India an 1v1 ons: It is a lways des irable th at, Executi ve should be given some of the powers which are theoreticall y
exerc ised by Parliament. ~owadays, th e function s of the Executive are extended or diminished under the
authority o f a supreme legis lature.
CiviJ Service/Features of Civil Service :

Growth of civil service: . . . . db East India Company ( J600-1 858) for its e mpl oyees. The functions of Civil _Service_ - .
The tenn ·c1v1l service ~sCcome _Y the State transforming from the Poli ce State to Welfare SIJJ0\1 ~functions and duties of civil service are mani fo ld. With growing responsibilities of the Government,
!Standing development of 20 entury IS fli · b d kn ta1e the people in c1vl service have many functi ons to perform.
~rnce the Government works in multi-fold, they have been done_ bye ic1ent o y own as civil servant
In a s~cial welfare State. a country without an efficient civil service, cannot progress. Boradly speaking, these functions may be classified into three categories.
They are - . .
Meaning: . . . . . I) the selection of candidates for_appomtment and duties incidental thereto, e.g. medical check up and
Ci,·il service signifies non-combatant branches of the adm1mstra1Ive services m the State. lht police verifical!on_ of no_n-cnmmal character of successful candidates;
Civil Services is 3 permanent profess10nal branch of the State adrrumstrallon. It excludes milita ,
2) probation, promol!o n, d1sc1plmary action taken and hearing of appeals; and
professional branches. elected politicians. I), J) fixing of salaries and wages, classification of posts, conditions of service, organization and methods
and training and -research into personal problems, etc.
Definition:
Oxford English Dictionary - it is a permanent professional branch of the State Administration. It In India, the Public Service Commission is entrusted mainly with the functions of advertising for the
excludes military, professional branches, elected poht1c1ans, etc. numerous posts and selection of candidates fo r those posts as required by the respective Central or State
Governments. The classification of different posts can be made into Class 1, Class to and Class Ill
Salient features : categories. The Constitution_ of India p~ts an obligation on the C_entral and State Governments to consu lt
Ci,~I service formulates policies and executes them. The two terms 'civil service ' and 'public their respective Public Serv1cre Comm1ssons m all matters relatmg to the method of rrecru1tment to the
sel"\~ce· are not the same and non-interchangeable. (Ex-Military, Judges are public servants but not civil
Civil Services.
sm •ants). Civil servants translate Jaw into action by bringing national government into daily contacts.
The Public Service Commissions (i.e. Union Public Service Commiss ion and State Public Service
Role of civil servants : Commissons) must advice their Governments on the matters re ferred to them for the purpose. The
I. They advise ministers and implement Government policies; Parliament and State Legislature may confer additional functio ns on the respective Commissions in
2. Supervision of all aspects in governance of the country; relation to their own services or those of the local authorities or other bodies of corporate and public
3. They perform quasi-judicial and legislative functions; institutions. Matters for the posts of C lass fll or C lass IV categories do not, however, come within the
4. They maintain public relation, etc. purview of the Public Service Commissions oflndia.
Qualification :
Administrative deviance corruption. nepotism. mal-administration :
Brain - personality - effectiveness - judgement - sympathy and other matters as per law. Despite the above qualities of the civil servant, what it is that turns him into the hated_bureaucrat ? Th_e
Public Accountability : Committee on the Training of Civi l Servants in 1944 summed up the popular cnt1c1sms of the C1v1l
Servant in the following terms - . . . .
Accountability and responsiveness are a must, because, "power tempts to corrupt, and absolute "While the defects commonly attributed to it are not the monopoly of the C1v1I Serv1c~, _II may be
power tempts lo corrupt absolutely".
that the conditions of the public service tend to foster particular weakness and to throw the hmel1ght of
. Civil servants and _their civil service have made a worthy contribution to the national life, Civil publicity upon them to a greater degree than elsewhere. The fau lts i:nost commonly enumerated are_ over-
service came to be recognised 10 the nineteenth tury In G · • • · te devotion to precedent; remoteness from the rest of the commu111ty, maccess1b1hty, and fau lty hand hn~,of
On August I" 1914 th . . . . cen · reat Bnton 1t has grown at a prod1g10us ra ·
1 1 sta the general public; lack of initiative and imagination; 111effect1ve orga111sat10~, and misuse of manpo\\ er.
February, 191 '8 , the ' h:dc ne:; ffs m Civil Offices of the Government Service numbered 53,500/. _BY
procrastination and unwillingness to take responsibility or to give dec1s1ons
and the method ofr.;;ruitment, y trebled the?1selves to 148,000/. The g_eneral constitution of the _service;
have to perform F d was well des_1gned to attract men of the nght type for the duties which the) The civil serv ice comprises all the permanent and non-po litical offices and empl oyme_nts he ld
in occupying th~ t:~:;~tse7/ny men th ere is more attraction in becoming a power behind the throne thiJll under the Crown, with the exception of the armed forces. All these officers and employees lorm 1he
permanent administrative staff of the Central Government.
The civil servant was assured ·ty · h" · d
will, honours and distincti ~ h" secun m is Job and many other walks of life. He was conferre The le al test of a civil servant is that, he should be in the non-military service of the C~o,~•:·
office or in public or i don; or 1~ remarkable service. The British Civil Servant has no politics in the ther g d
.e must be a legal relationship of master an serv ·.
ant Thi s test excludes nat,onahsed mdu, 1no and
.
• nature of his offi~e ~ ;~e~::~me~e exc:pt at _th e ballot-box. Apart from politics, there is nothing 11
th th eir_employees, and it excludes the great majority of public corporations.
rom ecommg a public personage. Publicity of any kind is alien 10
 .111 1/111r - l'ro • Prak as!, I( ~
82, . . . ,1lo(,(
83. A11t/ror Prof. Prakash K. Mokal.
•med with the a,ts of gowmmcnt dcpartlll
. ,nstanth' cone, ·r than by mm1 stcrs pcrsonaJJ ~-, ----;,:.- the methods of selecti on for ci vil service is now based primarily on school and university
. . L.•" 1s ll • • :
~h <\d,n1n1str.1t1" _ .. . ~, cinl sen a ·
. nt< rat 1IC • T • l'
. their own names. he powers · l\ . tion results. supplemented by mtcrv1ews and certain special tests of the candidate. For this
0111111
AIth u. · 3 · ritv ot ,a,,' · . • 1 upon them II1 d .. . . or c~n Civi l Service Commission. an independent body is established. A Civil Service College, as
d,-d up<'" in the 111 .I" : -~al ,wers confrrn:, . . • _ themselves. an arc cxcrc1scd by 0t
~ ~~rtn1cnts J,, not ho1 man~113l~t- :i1fcnd upon n11n1s1tr.- ·on1i:rred directly upon msp.ectors of ,'.hi- rurposc. nded by the Fulton Committee. has been established fo r the training of those already in service.
r~co1n111c
_r,.-,. g,, emmrnt ~ ~on . ! ,,·•our: Thus. powers are c , of course confcned directly upo "-\; • • 1 detachment :
,cnt111 -' h fi Id of pub1IC re ' E • • Powers are . f n ~1
dt~ornncnL~ 1n t r I . • ,f Customs and XC1'l ,. • ·1 I omcers and mspectors O taxes. ~ i o n s on the political acti vities of ci vil servants were laid down in the code of
,L (onm11.<1oncrs' ..
,,--
and upon uoe functlllns. su,·ha<. . social se,un ) ditions of service._They were first made in . 1953 and reviewed by the committee in 1978. For higher
" h<i ha, , ad_1ud1csto~ . . oo,·enunent departments by supeiy
;er\Jnts . .11-1 ,en·icc 1n I11e " S T 1si,. con . and admm1strat1ve grades. more stringent restnctions were laid down. These classes are not
. __ , 15 , conm,J ,1\'cr c1 • . T'll the year 196 . tI1e reasury coni· 'l ·ccu11vc • . . I 1· . b I
T= •UI' e, crc1sru I d' · of sen•tCC I S 1nu. ex d to take part m nat1ona po 1t1cs, ut may take part in local politics subject to departmenta
th
. · j tine pav !llld con• 111ons.
·pcnd1rure. regu 3 - · . · s· circulars an
·d minutes. The Pennanent ecretary 1 '·
d fr . . o~
suppose_
err ex . issue in,1JUct1ons m 11 . . n•ice who reporte om tm1e lo t1nie 10 pcnniss;\ivil servant is disqualified from contesting admi nistration election for membership of
from nm . to nme 10 a. inted as the he;id of die c1111 se . ~
fo:a.<Ul) ,ame to be .!!'°ff
Prune ~ limster at-out u" a a1 .
·rs of the ci1il sm ·1ce. . nt But if he belongs to a lower grade civil service. such as. clerical grade. he may stand for
,i'
parhame but ' resume his employment if not elected. The main reason behind this restriction of
Parltamei
detachment from poht1cs · tbat, he can give
· · 1s · his
· services
· to a government of any comp lexmn · wit· I1
Red T oe and Or!!anizallon · · ofthe Deoartmen~: - . . h bureaucrat system ,,or wh.1c I1 ti1e ca tchword ·IS •• R
•- • popularthmgs mt e · bl · · fil · ~ impartiality.
There are cermm most un - b es almost und1scovera e. its I e 1s ruthle~t
.. \· mean< when the concerned matter ecom '')
tape . ' .. Vi•ilance Commission to curb the corruption : . . .
•,napped up- in a red tape. ..:.:.oThe problem of corruption has severely affected the admm1srrat10n. The decision making process
. .· . . ace that there are always new files to be kept, new tasks to be done and~ of administration gets distorted and it gives rise to all kinds of vices.
It IS e,·e~·bod) s expene . d p So much of the man-power 1s grossly wasted and ,t,
. and more papers gel p1 1e u . ' ""'
this proress. more , d d . g work of one. In the process, enonnous amount of timen To strengthen the ex isting mechanism for checking corruption amongst government servants, the
three or four persons are often ,oun om_
C tral Vigilance Commission was created in February, 1964, by a resolution of the Government of
wasted.
ln:a. The Commission was established as a result of _the .~ecommendations .of the Committee on
The •-Organization·· of civil sm-ice is insatiable. The complete organization of civil service at on, Prevention of Corruption (known as the "Santbanam Commme_e ) which was appo mted m 1962. .
. 1·s- not poss1'bl e. It might
point of time - consist of many different departments related hto each other. For The Committee had recommended that the comnuss1on should be set up to solve two maJor
example. if rats become a serious pest, then there must be rat-catchers to wage war on t . em. problems facing the administration,_namely - . .
Thus. a Directorate of Infestation Control is born. ln order to extenninate rats,_it is necessary ~ a) prevention of corruphon and mamtenanc_e of ~tegnty amongst govern_ment servants, and
b) ensuring just and fatr exercise of admm1strat1ve powers vested m vanous authontles by statutory rules
have licence. and in order to obtain licence, the applicant must answer a questionnaire of two closd)
typed foolscap pages. Jn this manner, the rat-catching department must be "organised". Thus, II:
or by non-statutory executive orders.
organiz.ation of··deinfestation•· is done. Thus, tbe Committee bad pointed out two major matters to come within the purview of the
It is often seen that, the more urgent a matter is, the less prospect is there for speedy or decisiw
Commission, that is, cases of corruption and cases involving mal-administration.
senlemenL For example, if the Government agricultural schemes are to be carried out, cottages must l't The Vigilance Commission bas jurisdiction and powers in respect of matters to which the
built for rural workers. Before a brick can be laid, the following authorities must be consulted : executive power of the Centre extends. The Vigi lance Commission has confi ned itself on ly to cases
The Ministry ofHealth, the Ministry of Works and Planning, the Land Utilization Officer, the W; pertaining only to i) gazetted officers; and ii) employees of public undertakings and nationalised banks,
Agricultural Committee, the Planning Authority and the owner of the land. If any one of these raiSli etc., drawing a basic pay of Rs. I 000/- and above, per month.
objection, the whole scheme has to be re-drafted. It is stated in the Daily Telegraph, December 14th 191) The Central Vigilance Commissioner is to be appointed by the President. He has the same security
that in one case 408 plans had to be prepared in order to build twelve cottages ! of tenure as that of a member of the Union Public Service Commission.
Modern Civil Service Democratic aspiration :
The Vigilance Commission is attached to the Ministry of Home Affairs, but it is not subordinate to
The ideals of modem civil service were proclaimed by the Nnorthcote-Trevelayan Report of 18i), any ministry or department and has the same measures of independence and autonomy as the U. P.S.C.
4
(3 Repnmed m the Fulton, Report, 1968) much of which was put into force by Order in Council in i8JO.
:1'1 • repon made the following suggestions - . The Vigilance Commission primarily looks into the matters of corruption, misconduct, lack of
IOlegrity or other kinds of malpractices or misdemeanours on the part of the government servants. It has
:i) Entry into the civil service by competitive examination instead of patronage· no adjudicatory powers or functions.
iii promotion by_ment rather than by seniority; '
iv\Clear_d1stmct1on between intellectual and manual work·
.!.lli:ht to Information :
Admm,strauon unified control of the service as a sing!~ organisation. Importance and Need -
~dsofSelection : Right to information is an essential condition for the success of good governance and democracy.
It en sures people's participation and transparent administration. The right to information law has pa ved

~ -
 ~
l
Author-Pro . Prakas/r K. /It 85
0
84. ------ kqt . • Autlror ProC Prakash K. Mokal.
. tion is a potent weapon to promote . . writin g or through electronic means in Hindi E I' h .
- - - - - - - - -. era in India. Right to mforn;: It provides for quality service and spgar,,,
rcquc;i i;;,e parti culars of in fonnation sought. He shou~J 1: 1 or any ~ther offi cial language. He should
the way for a new d e m ocra □ ~ t i on accountable m many wa . cc~
5pcc1y ( on The Right to lnfonnation includes the ri ght to so pay tie prescribed fee for obta111111g
1
•ovemance. It makes adnu:: rt of good governance. The govern.,, infornia ~) inspect works, documents records -
o . t public gnevanc . . integral pa . 1·c '"cn,,,
' '. .
attention o . infonnation 1s an . ffi . of the social and economic 1, e of the Pc ~ b) take notes, extracts or certified copi es ofdocumc t d d
Thus nght to . the entlfe a airs .0 • f Op! . fi d n s an recor s.
. . . ' . " onsible formanagmg th re is a tremendous proh,erat1on o bureau e c) take cert1 1c samp Ics of materia l, and
dm1mstrat1on is resp .. trat1 ve processes. e d . . . . era" . . < 1· . ., .
aDue to mu tip . 11.ca tion of the adm1msf .
er and discretion.. The secrecy of government
.. an . . its mstitu11 011 s h.,~
d) obtam m, onna. t0n 111 h ,onnh of. printouts, disputes, fl oppies, tapes, vt•d eo, cassettes or 111 . any
1
vested with a lot o pow . h . ht to infonnation fac1htates part1c1patory democ other e1ectroni c or t roug printouts (Section 2 U)
that
. has been
ed rruption and maIa mi dm. ·strauon.
. . T .e ng ra,·,
. [nformat1on • Offi 1ccr (PIO)· . ·
increas co cy in admimstratrnn. .. . . . rub 11c . . f th A . bi. .
and paves way for a transperan U der the provisions O e c1, every pu tc authori ty of the institution controlled or owned by the
. b d on the rationale of fac1htatmg participatory, transperant a
· to InfonnaMn Actbiis ase
The Right f the Right to [nfonnatt0n · Act, 2005, ment'tons th e reasons l)j
n enunent sI10u Id designate ' office rs tO 'd · c
provi c 111,onnauon ·
to the citizen requesting for infonnation
I
accountable governance. The Preamf . eh ot 111 . fo nnation for citizens - " to provide for freedom to ev ~
godv r the Act. Such offi cer is called Publi c ln fo nnation Officer (PIO).
. . h t'cal
1 regime o ng t o . •. •un e . e~
estabiishmg t e prac ., t' under the control of pubhc authorities, consistent With PubJ: D ties of PIO :
• · to secure access to m,onna ion
c1t1zen transparency and accountability · · ·m admm1strat1on
.. · ". (I)u PIO shall dea I Wt'ti1 req uest firom persons
It • seek'mg m,orinatl
· < ·
on and where the request cannot be made
·mterest m · Order to promote
. openness,
bl ' th 'ties to maintain records and fum1·sh reqms1te ·· m · fionnat1on
in writing, render ass1·stance to th ose who cannot wri·te an applicallon.
· relat · ·
The Act requires al1.pu ic auinformationon ·e,I
< I 1· t f th II ·
(2) rIO must 111,orin t 1e app ican o e appe atre authority wo should be approached fo r review the
t0 their work to peopIe seekmgd'nary sue 11 citizens to· exercise greater control over the corrupt and arbitra, • · taken on the c,ees ',or supp IYo f m,om1att0n
decisrnn · < · ·
and also the t1111e lt· m1· t.
The Act empowers or 1 . . . · . ,, · d < · h id b · · · • ·
. f th t ,er The Right to lnfonnation Act, 2005 1s a s1gmfi cant ac hievement to pr00101 .
(J) If the mfonnat1on requeste ,or 1s e Yor its subj ect atter 1s close ly connected with the function of
exercise o e sta e P011 ·des •for disclosure by the government in all non-strategic ·
areas. TIrns, the presen',
another pu bl 1'c aut hon'ty , th e PIO shaII trans,er < w1thm · · fi ve days the request to that other publ ic
transperancy an d prov1
trend is towards transparency and openness which are absolutely necessary for accountability m
. d · r,
' h r
authonty an 111 onn t e app 1cant unme tale y.
· d' I
administration of public intsitutions. (4) PIO may also seek_the ass1stanc_e of any other offi cer fo r the proper discharge of his/her duties.
The Right to Information aims actually greater openness and transperancy from the culture on (5) PIO should exped1ttously or w1thm thirty_ days of the receipt of the request, provide infonnation on
secrecy. The aim of the Bill was to usher in an era ofrnvolutionary _change by ex_posmg corruption anl payment of such _amount as may be prescribed, or reject the request fo r any of the reasons specified in
inefficiency in the public office. It would make the c1t1zen more active and part1c1pall vc, converting tit Section 8 or Section 9.
democratic process a reality. Thus, RTI is a revolutionary step towards improving the hea lth or tie (6) Where the info nnatlOn requested fo r concerns the life or liberty of a person, the same shall be
administrative system. provided within fo urty-eight hours of the receipt of the request.
(7) If the PIO fail s to give dec ision on the request within the period specified, he shall be deemed to have
Salient Features of the Right to Information Act, 2005 - refused the request.
The Act came into force on I2'h October, 2005. The Act extends to the whole of India except w1 (8) PIO must inform the applicant of the appellate authori ty who should be approached for review of the
State of Jammu and Kashmir (Section 12). decision taken on the fees for the supply of in fonnation and also the time lim it.
The Act legitimizes the right to information in India and provides for separate machinery, whicD (9) PIO must provide written reasons for rejection of in fonnation request, deta il s of the time limi t fpr
ensurs the citizens their right to demand infonnation from the government which is under the control of appeals and the appropriate Appellate Authority.
public authorities. The Preamble of the Act mentions, " An Act for setting out the practical regime or !hi (IO) . PIO must provide in fonnation in the fo nn in whi ch it is sought unless it wo uld disproportionately
right to information for citizens to secure access to infonnation under the control of public authorities~ dtvertthe resources of th e public authority or would be detrimental to the safety or preservati on of the
order_to_promote transperancy and accountability in the working of every public authority, wi record in question.
constitution of Central Information Commission ad State Information Commissions and for matter, (I I) If allowing a partial access, the PIO shall give a notice to the applicant, stating :
connected therewith or incidental thereto". (a) which part will be provided after severing the exempt port ions.
Section 2 (I) defines "information" - "information means any material in any fonn inciudio! (b) reasons for arriving at this decision including findin gs or any factual matter relating to the material
rd
reco s, documents, memos, e-mails, opinions, advices press releases circulars orders log-boolc on which the findings are based.
co~tracts, repeats: papers, samples, models, data materiai held in any ei~ctronic f~nn and ' infonnati~ (c) name and designation of the person who gave this decision.
';c~~1gng t~ any bpnvdate body _which can be accessed by a public authority under any other law for the tiJIII (d) details of fees to be deposited.
10 ,orce, ut oes not mciude file noting".
(e) applicant's right to seek review of the dec ision on fee charged or the time limit fo r filin g the
Section 2 (i) defines "record"_
review/appeal.
Accocding to the law 'record' includes :
(Ii ) If information sought has been supplied by th ird party or is treated as co nfid ential by the third
(a) any document, manuscript or file·
(b) . '
(c) :~Ym1crodfilm_,microfiche and facsimile copy of the document·
r:rty,
PIO must give written notice to the latter within 5 days of receiving the in fo nnation request and
Yrepro ucllon of images· ' (I J) a e;is representation into consideration. . _ . . .
(d) any other material d cl 10
hird party must be given a chance to make a representation, ora l or wnttcn, befor~ th~ PIO w11h111
Theterm Right to In~ . pro uce by computer or any other device days of receiving the notice.
bv . onnation also applies t · t • . · '
. a pubhc authority under any oth 1 o m orrnatm reiatmg to private bodies which can be accee~·
er aw. A person who desires to obtain information shall rnake l
 /I UI/IO f - 1 '"I·• ,unu , 11 /( A ~

86, ~ - - - - - - ~ ~ ~ - - - - - -_ _8!!,7!..,_. _ _ _ _ _LJAl!!11!.!Jti!!10!!r..=JP".!r"Qoif:_,lP~ra[ik~a~sl/!,1fjK;_. ~M~o!lfkf!l:.al.

CHAPTER - IX . 'iinctions of the Vigil ance Comm ission are as fo llows -

- f Disputes and grievance Redress I 1hc ,,
f Settlement o a 1. Whenevc~ com~lai nls arc received by the Commiss ion , it refers them either to the Central Bureau of
"Informal Methods o Procedures " 1nvest1 gati on (;.B. l.) or t~c ~oncemed mini stry or Department for investigation. These bodies, after
invcsllgali on, ave. to sen I eir report lo the Commission for advice. The Commi ssion may drop a
compl ai nt_ al th e initi al Slagc_ itself, if it considers to be vague or if the allegations contained therein
'tion functions and importance of the Union Publi1
QJl..;. Discuss the compos1 , are nl ven fiabl e. The Commiss ion does not investigate the complaint itself. It has to depend on other
organi zali ons or agencies. .
Sen·ice Commission. IApr.2006/. z. The Comm1 ssmn adv1se_s to the action to be taken in the fo llowing cases _
QB a) reports of inve st igation by_the CB. I. involving departmental action or prosecution in cases either
Write short n~t~s on - C mmission. {Nov.2008; Apr.2010; Apr.2013; Apr.20/j referred to 11 by the Comm1 ss1on or otherwise;
e) Central Vigilance o ; b) reports of investigation b_y the Min istry or department invo lvi ng di sciplinary action in cases either
referred by th e Comm1 ss1on or otherwise;
Ap~.2016p[. bli Service Commission [Apr.2006; Apr.2007; Apr.2001. c) cases rccei_ved directly from the public sector undenaking and statutory corporations, etc.
f) Umon u c ,
Nov.2011; Nov.2013/. . . J. The Comm1ss1on has power to require that oral enqui ry in any depanmental proceedings should be
g) Public Inquiries and Commissions oflnqmry. entrusted to one of the Commissioners for departmental enquiries. It oversees the enquiries
conducted by the Commissioners.
The Commission has two major fun ctions in this regard -
Answer: b) to ensure that enquiries are completed expeditiously; and
A) Central Vigilance Commission : .. . c) to render adv ice to the disciplinary authorities for taking action on reports of the Commission.
The problem of corruption has severely affected the ad1:1m1strat10n. The decision making proc~; 4. All Chief Vigilance Officers are required to furnish to the Commi ssion for its assessment, a resume
of administration gets distorted and it gives rise to all kinds of vices. of the vigilance work done in their organization with special emphasis on preventi ve vigilance.
s. The Commission may suggest changes in the procedure or practices where it appears that the existing
To strenl!then the existing mechanism for checking corruption amongst government servants, !ht procedure or practice affords s,ope for corruption or misconduct. The Commission may also initiate
Central Vigilan~e Commission was created in February, 1964, by a resolution of the Government of review of administrative procedure and practice in so far as the same relates to the maintenance of
India. The Commission was established as a result of the recommendations of the "Committee ~ integrity in the administration.
Prevention of Corruption" (known as the "Santhanam Committee") which was appointed in 1962. 6. The Commission discharges miscellaneous function s, such as, conducting orientation courses for
vigilance officers and courses in the conduct of departmental proceedings, review of vigilance
The Committee had recommended that the commission should be set up to solve two maj~
arrangements in Ministries/Departments/Public undertakings, advice in matters relating to
problems facing the administration, namely -
interpretation oflaw and procedure governing departmental proceedings, etc.
a) prevention of corruption and maintenance of integrity amongst government servants, and
b) ensuring just and fair exercise of administrative powers vested in various authorities by statutory rul~
or by non-statutory executive orders. B) Union Public Service Commission :
Composition, Functions and Importance -
Thus, the Committee had pointed out two major matters to come within the purview of iii(
Commission, that is, I) cases of corruption and 2) cases involving mal-administration. Provision for Public Service Commissions :
Under Article 315 of the Constitution of India, provision for publ ic service commission for the Union and
.The Vigilance Commission has jurisdiction and powers in respect of matters to which iii( for each State has been made.
executive power of the Centre extends. The Vigilance Commission has confined itself only to ca.<1>
pertaining_only to _i) gazetted officers; and ii) employees of public undertakings and nationalised bani> Article 315:
etc., drawmg a basic pay ofRs.1000/- and above, per month. Article 315 (1):
"There shall be a Public Service Commission for the Union and Public Service Commission for each
The Central Vigilance Commissioner is to be appointed by the President. He has the same securit State".
of tenure as that ofa member of the Union Public Service Commission. Article 3 I 5 (2) :
a . The Vigilance Commission is attached to the Ministry of Home Affairs but it is not subordinate! "Two or more States may agree that there shall be one Public Service Commission for that group of
ny mirustry or department and has the same measures of independence and au;onomy as the U.P.S.C. States, and if a resolution to that effect is passed by the House, or, where there are two Houses, by each
House of the legislature of each of those States, Parliament may by law provide for the appointment of a
~ncfions of the CentTal Vigilance Commission_ Joint State Public Service Commission (i.e. Joint Commission) to serve the needs of those States".
e Vigilance Commission primarily I ks · th · ,,, Article 315 (3) .
olher kinds of malpractices o . doo mto e matters of corruption, misconduct lack of integr1I) ~
adjudicatory powers or function:. mis emeanours on the part of the government ~ervants. It 11as "Any such law· as aforesaid may contain such incidental and consequential provisions as may be
necessary
A . or des1rable
· for giving effect to the purposes of Iaw ".
rhcle 315 (4) :
 ss.
~,it/u>r _ l'ro . l'r/lkash /\·. ,1/ok ..,........
·
lN. ~
----------- ~---=--- ,d . 11 do b\' thl' Go\'l'rnOr or n S1a1,-. Ill
. _. for the L'nion. ifl'l'!l11cs\. ,;': ~cds oi'thc State".
0(

a).
-----

The Cc n! rnl . Govern men! or the Siale Government ma 1 .

. i--d the co nd1!1 ons prcsc nbed by Section 3 of ti .. \
.
Author - I'm(: l'mkml, I\. ,1/okal.
. . .
Y tppoint !he Comnllss llln ol lnq111ry.
.
"The Publ ic Ser\'ice Comm1ss1011 ,.: to scrw nil or anv o 1, 11 provicc • \I s I c1 arc s1111sfi cd. Sec1ion .1 ( I) or !he i\cl st111es
with the appron1I of the Pre,ident. sgn: f mer of members of the Public Ser\'' 1httl "The npproprialc Gove rnmcnl may, if ii is of O • . . .• , . • .•
. ·,ntment and the term o o l tt . l 1his bchn l f is passed by the Li o 1· I p1111on Iha! ii i, necessary so lo do. and shall , ii a
r use o I 1e People (i , I 0 k s bl )
Article 316 pron des· for appo rcso J1ttion . 11 A ,--mbly
· of the· ·Slnt c (i e v· S ·"· - 1
·• a 1a or. ns 11e c11se may be. the
· ·on Lc~isln!I VC s. c . r , · · !c11Wit- a1>!ta). by nolilicalion in !he Ol'ficial Gazelle, tt(l(JOinl a
1ss1 , i other members of. a .Public - 1·5'· ion of lnq111~ ry ,or 1
C o".'me3
\rttcl 1 (.I ) .. .·
"Th Chainnan,111, b Service Con1111ission
P · 'd co1nll1 . t l e purpose .of making
· '·id mini
· ·Slr,,1
. ·ton .111q111. ry .11110uny delinitc mallero i'publi c
, . 6 t of the Chairman - e • ·,-ion or a Joint Comm1ss1on. y tie I 1es1 en!, and in 1· 1p o rl □ n c and_ p_er orming such fun cti ons and within such time as may be s1,cc ii'1 "cl ·111 111" ,1ot·,1·1c111·1011
Appomtmen . - ,· 0fthe Union Comm1.s .. . t d I II k • • .
shall be app0inted. m the ' 3: ' . e Gowmor of the State • . . . ,. . and 1hc Comnussion so appom c s rn ma c !he inquiry and perform the !'unctions accordingly".
- 3 State Comm1sswn. b, th h lt·ofth e members ol e,-ery Pubhc Sen tee Comn11ssio The notab le examples of Such_Commiss ions 01· Inqu iry recently appo in1cd under 1his Ac! arc -
e case o t
th pointment of the Members _ "'karh· one- a , ti n
A · . . · _ ctive appointments have held ofhc e or at Ieast IO Ye;ui Justice B._ Krishna Commiss ion_ to mquire into Mumbai Bo_mb Blasl: Justice P.B.Snwnnt Commission
P h 31 the date< of their re,pe ..
shall be persons w O f l~dia or under the Government of a State . to inquire 11110 the c~m,pli o~ affairs of !he State Minister Sat1sh Jain. and soc ial worker Shri Anna Haj arc;
either under the Go, enunent o or. vasant Gowankar Science and Technology Commission to inquire into the matler of agricul!urc
Article 316 (2) : .. b of 3 Public Service Commi ssion shall hold office for a tenn and water in_ th_e State of Maharashtra (the State of Maharashtra is the first Slate in the country 10 appoinl
fro
°
Tenurt' (pen'od) f the office·h·
the date
- hAbmemters
on " IC e en
er upon his office or unt:1!· he attams,
· a State Commission or a Jomt
· tI1e case o f tI1e Union
· Ill
· Conurnss1on
· ·
·
such conu111ss1on).
of 6 yean; m . d · the case of tI1e --=e
age of
Commission. the age of 65 yean;. an m - The functions of the Commission of Inguirv can be summarised as under
62 year,. whiche\'er is earlier". ij To investigate facts and record its' findings thereon and then to reporl to the Government so to
~ll6(3) : . enable the Government to take measures to eradicate !he problem.
R ointment of 8 retired member, not possible - . .
eapp h Id ffi as a member of Public sm,ice Commission shall, on the expiration of his To make recommendations to the Government as to what measures may be adopted 10 prevenl
"A person who .0 s Ol ce . n
ii)
similar such problem in future .
tenn of office. be ineligible for reappomtment of that office .
iii) To suggest legislation relating to a matter of public imponance.
iv) In order to effective ly carry out above function s, the lnquiry Commission may exerc ise anc illary
Article 317: . .
Remo,·al or suspension of a chairman or member of a Public Service Comm1ss10n : . powers such as, -
The president in the case ofa Union Commission or Joint Comm1ss10n, and the Governor, m the case ofa a) to collect materials;
State Commission. may. after reference made to the Supreme Court, remove from the office the Cha1m1an b) to record its' findings on the facts investigated;
or a Member on the gr~und of misbehaviour. c) to express its ' views on the facts so found;
Article 320: d) to recommend future action, as administration advisory body:
Functions of Public Senice Commission : e) to pennit inspection of documents produced before it, to a party appearing in the matter.
Union and the State Public sm,ice Commission shall conduct examinations for appointments to !he
services of the Union and the services of the State, respectively. Guide the Government in respect of It may be noted here that, the Legislature cannot usurp judicial powers belonging 10 the Courts by
selling up a Commission of Inquiry. Hence, a Commission of Inquiry cannot be sel up with power "to
recruitment declare the result of the examinations held, etc.
recommend the action which must be taken as and by way of securing redress or punishment" or "to
award punishment", as this power to award punishment is the power of a Court of law._ Thus, the
C) Public Inquiries and Commissions of Inquiry : Commission is simply a fact-finding body, without any power of adjudication, therefore, there 1s no bar lo
Public Inquiries : its' appointment pending any litigation.
Statute may provide for bearing of objections from the affected interests against the propwd
1
administrative action. For example, Sales Tax Statutes give prior publicity and administration opportun 1Y
to make representations against the proposal to amend the Schedule to the Act, the justifying principle in ..__ _ _"'-"'-"'-"'-iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii============....= - -

this regard is "No taxation without representation"; Objections are also invited for extending the limits of
a town area under municipal enactment; Similarly, the State Government may by notification fix fares nfl<l Write Short Notes on the following:
3nd i) Droit Administratif and Counseil d' Etat;
freights, but before the notification to that effect is issued, the Government has to invite objections
give affected persons an opportunity of being heard. ii) Sub-delegation;
Thus, the public inquiry can be made in the matters of 'public interest' or 'public purpose'. iii) Publication of Delegated Legislation;
Commissions of Inquiry : iv) Laying Procedure and its' Efficacy;
C _Under the Commissions of Inquiry Act, 1952, the provision has been made for setting up of ihl v) Scrutiny Committees;
omnus,1on of mqutry for the purpose 0 f mal<'mg admm1strallon
imponance. · · · investigation into any matter of P11bh•
vi) Conditional Legislation;
vii) Self-help;
viii) Doctrine of Res Judicata;
 ix)
..
Doc trine of Lcg1nmatc E. P
90.
x cctation
1tut/wr - l'ro.l'mkusl,K, Mk

/Nm•.1009; May,2012; Apr.201s.

n Q/,
ll"""'" - - - - -
, Z) ~
sub-dclc~ . . ..
"sub-lcg1slat1on means when S
. ,
9
1.

a tatutc confers so I . I .
---7
Author Prof. Prakash K. Moka/.

1\101•.
]0/5/ ·iy and such executive authority further dcle t h me eg,s at,ve power on an executive
, • ,11iori , • b . ga est c powers confi d h
"' Statute to anot 11er su ordinate authority s h d . . erre on sue executive authority
ndcr a • d I " , uc e1egat,on ,s called b d I .
A11swer: ti b delegation , a e egate ,urthcr delegates the po su - e egat1on. In other words
in st1 ~ wers conferred. '
. , d "C unscil d' Etat" :
I) "Droit Administranr an ° c,n nlP~ , ..
~ sscnt1al Commod111cs Act, 1955 is an imp n
Droit Administrati[: ,f law and dual system of adjudication viz. "Dro;, ,men! is empowered under Section 3 of this Act ~o antk exa~ple of .sub-delegation. The Central
The French legal system has dual S) stem o Govcnle ation. The Central Government is cm owered ma e ru es. This ,s the first stage delegation of
Cil'ili' and "Droil Adminisiroiif' .. _ . nicipal law and it is administered by the Civil Cou" sub·d:,;cnt and their officers. This is the second stage de\o dtegat; llsb power .to its office, the State
. c· '/ .. relates to c1v1I. . la" .or" mu
"Droll 11·1e
. . . I d . . ,,s. Gove d b th St I t -I ffi cga mn o su -delegation and 1f the power is
· · ·r· relates. .10 admm1stmt11 C
law or in otlier words, 1I 1s eqmva en! to a m1111strativc 1
• . • aw further delegate Y e a e O 1s O icers, th is would be the third stage delegation i.~. (sub-delegation).
"Dro il od1111111s1ra11 f rts Droit Administrati f provides expeditious and incxpcns,·.
. . d - - tered bv d,flcrcnt set o cou • . le
and 11 IS a ,rums : ,L le against administrative acts and omissions. ~ ,.
relief and bener protecuon to uie peop - · f ·· . The necessity 1s to be supported on the fo llowing grounds_
. fi which would redress the grievances o I1,e c1t1zens against the
Smee there was no orum I · · · b'rtl t th F I d · · i) power of delegation has the power of sub-delegation.
administratio~. "Droir Admi11is1rarif .. is also instrumenta m g1v111g ' ' o e renc 1 a mm1strative
ii) Sub-delegation ts inclusive of delegated legislation.
tribunals. . under contro I, Ihe sys Iem of dro1·1 ad1111111strati,
With a ,·iew to keep the administration · · ;r was put
into practice by 1\'apolea11 Bonaparte.
~
Dwarka Prasad vis. Ce11tral Talkies, AIR. 196/ S.C. 606
Salient Features of Droil Administratif: - In this c_ase, the U.P. (Temporary) Control of Rent and Eviction Act provided that, the permission
I) The French administratil'e tribunals which came into existence under the system _of "Droit of District Magistrate or any other person authorized by him, is necessary to file a suit under this Act.
Administratif" are different from the tribunals which have come mto existence m England and m common This case refers to sub-delegation, because, the Statute itself authorises the administrative authority to
wea lth countries. sub-delegate ,ts power.
2) The French administrative tribunals which have come into existence under Droil Administratif are not
subject 10 supervisory control or Writ jurisdiction of the Courts, as there is no dichotomy of public law Allinghanr vis. Minister of Agriculture, (1948) All E.R. 780
litigation and private law litigation in France. In this case, the Committee was empowered by the Minister of Agriculture 10 issue direction.
3) The administrative tribunals which have come into existence under Droit Administratif, are not
concerned with the private disputes. However, the powers to issue direction was sub-delegated by the Committee to its' subordinate officer
4) The administrative tribunals in France are independent, and are not considered as part of the who issued the direction. The direction issued by such subordinate officer was challenged. It was
government. they have independent existence. observed by the Court that, it was permissible lo sub-delegate power to issue direction, becaus;, there was
not any provision to this effect in the Act. Therefore, the sub-delegation in this case was ultra vires.
Consei/-d'-Ellll :
The French Constitution of 1799 established the Conseil d'Etat. The Conseil d 'Erat (the highest Delegation in Taxing Legislation :
administrative coun in France), technically speaking, was the part of the administration, in practice it was It is one of the important kind or type of delegated legislation under Article 265 of the Constitution
very much like a coun. of!ndia. The power to impose tax is a legislative function, and therefore, tax can be levied or co llected
. Dicey's criticism was that, the existence of such special tribunals to deal with the liability of the only by authority of law and the term "Law" used in the "authority of law" means. law enacted by the
public_officials was repugnant to the Rule of Law. According to Dicey, the Rule of Law means, "no man Legislature and not that law in the form of rules, regulations. bye-laws. made by the executive authority.
is punishable or can be lawfully made to suffer in body or goods except for a breach of law established in 1
the 0rdmary legal manner before the ordinary courts of the land". It is true that during the early years, the However, if the legislative policy is made, accordingly, the power to fix a rate of ta, may be delegated to
Consei/ d'Erai was in a large measure, a servile instrument of the Emperor and hence there was some tbe_executtve authority. The taxing legislation must be strictly construed. Whenever the provisions of
basis
h' for . . .D1cey's criticism· 8 ut, aft er 1872 , when the Consei/· became administration
-' '
independent court, tax mg Statute are ambiguous or not clear, the interpretation of such taxing Starute must be in favour of the
assessee.
,s cnucism was no_longer valid. The actual working of the Conseil d 'Etar shows that it gave no less
protection to the c1ttzens against Lh b· · f ' ·
England did. e ar nrary acuons O the administration than the ordinary courts in
The administrative tribunals in France are d th .. ,
The Co11seil-d '-E . k . ' _ un er e control and supervision of Conseil-d -£1111·
. rat 1s nown as conse,l on tnbunal Th b h J) .b!!!_lication of delegated legislation: _ .
Judges, bu1 the members of C . , · e .mem ers of Conseil-d'-Etat are not only I e
Conseil-d'-Era1is g· onse,l-d -Era1 are fully trained in the expertise of administration. The k The maxim "Ignorance of law is no excuse" and the proposi tion that "Every person 1s presumed to
B . •ven a general respect which · bl · now the law" implies that, the law must be accessible to the public as a matter of their nght.
or ench mEngland. ,s compara e with the respect shown to the High Court I

J .The language of the Government circulars must be unambiguous. Secondly, the person affected by
such c11cu Iars has right to see those circulars. Leading example o f Ih'1s ng
. hI 10 know 1.s tI1c case o f
 II""
n 1
o~
k:s/:1:I(:,:M
~1,~,1~h:o~r~f'~r:t1:;:1:•,:·11e.:11: k 93 · Author p - -.,..1
- - - - - - -- - - - - - : - - : - : : : - : : : - : ~ rof. Prakash K. Mokal.
S ihi s c·isc Under war-time regu lations scrutiny Co mmittees :
- ' '· I11
1949) K.13. (O • ' . • 11 I . 1he
[ ,,rnoratioll w'.<. Locker ( .... - 11 ot' land ('or any puqiose anc 1e ms also righi 5) ~
-----
1s another important mode of cxerc,s,
8 /ackp110 1 ,. d " i·,kc possess10 d I .t I I lo ng 1eg,s1at,ve or par! 1
Minister of Health was cmpowcrc_ V l A~cordi ngly. 1hc Minisler de!egnte. t iat powe1 0 oea _authori11es h
,,uon It 1s necessary t al the lcg,slat,ons mad b h • amen1ary control over delegated
1
lc"alc that power 10 local authonl. . . . liuclions senl out trom hi s depni1menl. The euculars b lc~: ~ ~, sed properly to asccrta ,n and ensure the v:1id.i ca~~ecut,vc authority arc required to be studied,
de s . ' numerous ms . Tl M. . y 11
by 3 series of circulars contn1111ng d b cquisitioned were entirely ambiguous. ie mi ster and lh sc ,station Such va lidity and propriety of leg,slatton m~e b propriety I e fa irness, properness of such
.- · an ·mptc to e r · I I · ·· I t ·
which plninllll s house 113' • ' . . • 1 sec the vciy legislation by wluc 1 us 11g l s we,e elernii ned
· d e fcgd d and scrut1111sed by the Scrul,n y Committee d h Y executive authorities under some Statute 1s
. I· -liiscJ ih,· p1a1nt1 11 o . . I'd1 . ,tu 1c ' , an t ereforc ,n order to t
mentary control over the delegated legislation Sc t C '
th h I I
s rcng en t e eg1s at,ve or
local outhonty n so re • . ·troctions contained in the circular mva ·
The Court ,,r Appeal h,·IJ thal I11e lllS • . . par Iin ru my omm1ttees arc established
_ . •nsurc demanded by the growing stream of delegate_d leg1slat1 on was a The fo llowing two scrutiny Committees _are established in India -
1
The 11~1 r,•~1rd•:,b;:~"~1ion and reference. The first statute "Rules Publication Act, 1893" was . Tl e Lok Sabha Committee on Subordmate Legislation
systcmauc sch,mc tor P . A , I· ted the publication of Statutory Rules and Orders. The Statuto"'
~ l . C . . .
ii) The RaJya Sabha omm1ttee on Subordmate Legislaiion
ed n tlus regard T1ll S ct rcQU" · h A f 1893 ·,
enack 1 ., t t (,'camc into fo~e in the year 1948. repealing and rnplac_mg t e c_t O . This Aci The above Committees viz. Lok Sabha Committee and Rajya Sabha Committee exercise
94
lnstrumcnL, . c . req uirements for the publicati on of the delegated leg1slat1on. For this purpose, this Ac1 legislative or Parliamentary con tro l over the delegated legislation.
makes the! stastuto" ' Office to..publish lists showing the dates on which they issue statutory instrumcn1s
requires t ie rnnonal) .. - "Scrotiny Committee" serves the following purposes _
EITrct of non-publication on \'3lidit\': i) It scrutinises and reports to the. respective House regarding proper compliance and exercise of
Section 3 (2) of the StatutOI)' lnstrnments Act, 1946 lays down that - . . , . powers by the executive authorities conferred by some Statute or by the Conslitution or delegated
"It shall be a defence to prove that the instrnment had not been issued by His MaJesty s Stattonary by Legislature or Parliament.
Office at the date of the alleged contravention, unless it is proved that, at that da_te reasonable steps had ii) ft exercises and ensures legislative and parl iamentary control over the delegated legislation by
been taken for the purpose of bringing the purport of the instrnment to the nottce of the public, or of acting as watch-dogs.
pmons likely to be affected by it or of the person charged". iii) ft avoids infringement or violation of the Statute or Conslitution by making timely and
appropriately intervention by scrutinising the legislation made or legislation proposed to be made.
It can be seen from the above, tl1at non-publication would not by itself be a sufficient defence, and
since the provision deals only with criminal liability, it suggests that non-publication would not affect lite
validity of a statutory instrnment altering civil rights.
6) Conditional Legislation :
Conditional Delegated Legislation :
Conditional delegated legislation means, when a Statute which provides control, but the same
4) Laving Procedure and its' Efficacy : StalUte can be put into effect only if a given administrative authority fulfil s the condition specified in that
"La\'ing on Table" : Statute. In this kind or type of legislation, the law is enacted by the Legislature. Such law enacted by the
It is one of the important modes of exercising legislative or Parliamentary control over delegated Legislature which is complete and fu ll and clear in all respects, but the law is not put into force and it is
legislation. "Laying on the Table" means, the mies, regulations and bye-laws made by the executive or left to the executive authority to put such law into fo rce or put into operation, subject to fulfillment of
adminisrrative authori ty under some Statute, must be placed on the table of the House. some condition. In such situation, it is known as conditional delegated legislation.

This "Laying on the Table" may mean various things, such as communication or infonnation of In other words, the legislation enacted by the Legislature depends upon the fu lfilmen t _of some
the rules 10 the Parliament. It may also mean that, the delegated legislation ceases to have effect, if a conditions for putting the same into fo rce or operation at the in itiation of the executive authonty. Such
resolution passed by the House disapproving it, or it also means the non-compliance of laying before 1he legislation is called "conditional delegated legislation".
table renders the delegated legislation as invalid. "Laying on the Table" works as "safety valve" through
which le~1slauve exercises supervision, proper and adequate control and checks over rule making power According to Harl, conditional legislation means, a Statute which provides control'. but specifies
of execuuve authority. It also establishes close and constant contact between delegated legislative power that such Statute will come into fo rce when a given admin istrative authonty complies with cond,twns
and admtrustrauon. incorporated in the Statute. In other words, "conditional legislation" means a leg1slat1on which comes mto
effect after the particular condition or conditions mentioned in such leg1slat1on 1s fulfill ed by the
Efficacv of Laying 00 Table : Administration authority.
Laying on the Table serves the following two purposes -
. Ith provides
I) . . informat',on to th e 1eg,s · 1ature regardmg
. the legislation
. ..
made by lhe executive authonues Natureofc on d'f · Iatlon
IL eg1s • :. .
111 t e exercise of delegated legislative power. ~ I iona - h I oislature and the law framed by
2) It gwes an oppon - h . . In the case of conditional leg1slatwn. 1he law 1s framed by t e _e~ ' . th .ty
authorities 1 umty to t e legi slators to challenge the legislation already made by the execuuvi the legi I . · th I gislative funct ion to the executive au on .
s ature ts a complete law without de 1egat mg e e e and it is left to the executive authority
r oa so to question and challenge the legislation which is proposed to be made by 1he
executive auoth to However, ~uch Act or leg1sla110~ does nol come ,nto fo r~ with certain conditions. Therefore, on
nt1es.
tht'.t the leg1slat1on into etlect on fulfilment or oncompl'.~~cc'. I ailed "Contingent Legislation".
ground such leg islation is called ··cond1t1onal leg"lauon · t ,s a soc,
- Case Law/Exomoks :
. .
The examples with case luws pcrtammg 10 t11e c0nc I
94. Autlwr - Pro . Prakash K. MnkQ/,

.
l'tional legislation is summanscd as under -
,
.,....-
. ted to deal wit· h a narrow question wh th
po1n . .
:, P fth c Const1tut1 on.
21o
e er
95.
there was a R
A
11thor - Pro · pra kas II K. Mokal.
. ny u1e of Law in India apa rt f A .I
rom rt1c e

Field l'l's. C/ar4. (18 91) U.I CS 649 - . . . •er to suspend the operation of the Act authori • , .. d~el!!£!!L , . .
. th , Ptt"-idt..· nt "a"- wit 11111 111s po" ~ J'o~·n' 't "y of the Constttut1onal Benc h answ d h .
1n L111·s ,a,e._ '
· . . d
·_ . I • USA on the conditions that. the duties unposc upon such proctu
s1ng The n I8 h h Id h h ' ere t e question in th .
1 titutiona enc c t at, t ere could not be th I • e negative. In other words lhe
free 1111po11 of ,·wain product '.n " , • ·""rvcd by the Supreme Court that. President was to ensure a:dl Cons . . 1f I fI e ru e of law other th th C . . ,
ti tut ion IS itse a ru e o aw; And thus Articl 2 I an e onst1tulton, because lhe
"err unequ al and unrea:-"-1nab 1I.:. 1t "as o1J~l . d t USA . t Cons .- . ' e cannot sta nd suspended even in Emergency. '
. h. d' h I th" dt1tic, imposed ,_1pon the products importe o_ at e no unreasonabJ•
asccrtam t e \'On -1tton l 3 .. - b t · fi d \. There cannot be any pre-const1 tut1onal or post-constitutional rule of ,
and un~ual. ln Nb<r " " rds. the conditions specified in the Act must c sa is IC .
ter to the rul e of law incorporated in the Constitut' f d' law, and the rule of law cannot run
Emperor ,·!'- Benoari Lal. AIR 1945 P.C JS - .
coun t'itioners aggri eved by the detention
the pc ·
ion I O
°
ia. The Writs were granted in favour of
..\n ,,rdman,·c emp<iwerro the Go,·emor-General to set-up Special Cou~ts. However, the operation
c,( th< c,rdtoan,·e \\"JS left to th,· pro, incial Government on the cond1tton of existence of emergency. The
High Coun treat ,J the ,,rdinance as invalid. because. this was a case of excessive delegation. The Federal
c ,,un ct,n.fum«J the de,:ision of the High Coun. but the Pn vy Council reversed the order on the ground
thJt n ":is a conditional l~gisfati on.
S) Doctrine of _Res Judicata:
This is an important prmc1ple which prohibits the repeti tion of the issue which was subjecl maner
of the prev ious case from_dealing with again. In other words. "Res-Judicata.. means. if an issue is made
the subject matter of prev1ou_s case, and such issue was tried and decided by the competent Coun of law.
7) Self Help:
then the same issue once decided cannot be decided again by the same Coun.
Toe rerm -Self elp- me-...ns. an aggrieved person can resist an illegal order or 11/tra-vires order of the The doctrine of Res-J11dicata finds its place in Section l I of the Code of Ci,il Procedure. Tnis
~..h.\.' ftt: doctrine applied to all the matters, whether they are applied to ci,il coW1S or the adminisrrati, e lribunals.
.\ per,oo r; ent:t e<i ro contend against any action sought to be taken against him consequent upon the
p -,.,_== tb:e: me b)e-laws_ rule or regulation is against the provisions of law or is 11/tra-vires the
Case Law:
pc- er c ;· :::e i:i:::~ . in O!her words. a person can disobey the order passed against him if such order is Bombav Gas Co111oa11v vi.~. Shridhar, AIR. 196/ S.C. l 196 -
C cg;:i c 0 .:r-i.':7£5 t::e powi.."! of the authority. It was held in this case by the Supreme Cou11 that. an award dee eo _- ti:e l.n6snal Tn"bunal.
works as "res-judicata" between the same parties. and the payment of ·A·a.ges ~ .. rar::not ::ia, e a::iy
TJ-,, C < ·-:r-ca S m Coon a..."Ce!l:ed the doctrine of "'Self help" in the following example:
A =-ed :::e = :r:, withoill any authority. A entered the country unlawfully. A was, therefore,
jurisdiction to determine the same question again. since. it has~ deal ·•ill! : ti:e i.oc,,m-..al Tr:"bcrral.
ln other words, the main object of the doctrine of res-1uidicaJJJ is :i:zl. ::'o= ;J;o~d not be
-'-~
-- b: 8_ 2. D ~ S'"""..ff "itbour the authority to arrest. A escaped from the custody with the help unnecessary litigation over the same issue before the same Coun "h:ciJ h2C ·,_"'.C...----C :=ce :.;,..:e.
c : ,:: a:,,= ur~....e::..... me wenor was prosecuted and was convicted. The Supreme Court reversed
= O<'IO!O" c: ro:::,i_--:io:; mrl ooser,erl that. the order of imprisonment was not according to law, and
~~:{ljl..::~::l:: ts::2?= _: a:.-o: De considered as an offence.
Bombay Gas Co111pa11v vis. Jaga1111ath Pandurana
In this case, it was observed by Supreme Court thaL the doc · e oi -.~ c .d..= '.:: =-• · ~'.
applicable to civil matters, but to all litigations. whether filed in ci,iJ cour~ ' ' "r:mi:J'-ra ,e ::-::."CL
..zr fr:no '
.-'-illlr <:a:;.e ;z.,,- on the doctrine of self-help is as under:
Mr,. bdlI2 Ci2ndhi proclaimed emergency in 1975 and the freedoms guaranteed by the ~alien! features of Res-judicata :
Col1!>1.."'tlltOD llDder Anicle 19 of the Constitution came to be suspended with the use of Article 358 of the '.) Res-j11dicata binds the present parties.
Coru.1l!>.mon. Tot A.rud e 14. 21 and 22 were al.so suspended. As a result, a number of Writs were filed by u) Res-j11dicata applies to Cou11 which has one< dec ided th< mwer.
ik pen,U!l!, wbo "= detained under MJSA on the ground that they were not even informed the reasons iii) Res-judicata applies if the same issue is r.tisc-d before the Coll11 \1. hi..:h b.J.5 m~ J.D.J J~tdc,.i ilic
'or fufiJ o.etention and prayed for the issue of Writ of "Habeas Corpus". said iss,'.e prev iously. . _ . . . ini<tn ci'< Tnouru.l J.l.;o.
iv) Res111d1ca1a does not only apply to c1nl Collf1. bui II opp ies to .-\dm - . th .. _ •
'I•"= these Writs came up for hearing, it was objected by the Government that the peti tioners had v) Res-j11dicata relates to the prin~ipk that. there should not be unn,-:ess;!f'o ltag,uon '" "r e ,;;mk
no gJn to 1eques, for a direction to release them by issuing the Writ of "Habeas Corpus". lt was also subject matter before th,· same Court "hich had de,:id<J the isc;ue earlier.
argued by the Govemmem that, the Writ of Habeas Corpus is available under Article 21 of the
Conli\Jtuuon and since the enforC(,'1!1Cnt of Article 2 l of the Constitution of India stands suspended by th e 9
Pre,idenf , 0 der d'1ring emergency, the petitions were without any substance, and therefore, such ) lli!ctrine of Legitimate Expectation : t- bl. . IJ" and is imenJ<J to , iw
pe'J tu.m, "'""' liah!J: lo be dismissed, be.:ause, they were not maintainabl e. Th • J · . • · b ,J111 " · 1,, the domam o pu " · - .
rel 1.cf to ti e,. c octnne of lcg1t11nutc cxpl.'.'cmtton · t . )·f .:-~
, th ·tr
.
dmms vn
h . b''" - . c f ta,,. in the strict sense Llt
t , ...:s 1!> 1
the le people whe n th(·y an.' not ab1i: tu JU:..ll ) t b .. . . th..,.ir k"ltimace expn.·tatic,n hJd b«n
. . ~ ubi"."IJ. 0 0 • raised by the Government were overruled by some of the High Courts. Therefor,, terin th h . t . ·1 1 ·n 1u ·nrc- n au:..c: . ... .:- . .
an ap """ hied lo the Supreme Cou11 by the Government. A Constitutional Bench of fiv e judges w:is violutc . ' oug t~cy _h~d suflercc a ~-" ~ r~u. :s_ • t , •ci b , LorJ Denning in 1969. and from th.Lt nme. It
has d. The tcrlll leg111mah~ t'Xp1..•1.· ta t1o n "·' ~ tm;t lLt 1· )I . , I no ·13(l jmi,di~·ti1.m.
I assun1cd the position of ,, signi licant doctri nl' of pub H.' aw l1I ,1 , :.'l , ~
I 96.
Author - I'm : l'mkast, K. M .,...

d · doctrine in order to check arbitrary exercise of

1
•ko(
~ m i t t e e Report :
fraoks
97.
A lllhor Pro&Prakash K. Moka/.

In India. the Ape, ( 01111 has de1:d opcl t 11s person can approach the court on ly when hi;o~~
. ·( , , In mvatc aw. a · . d• bl. r1e• ·n , arc the noteworth recommendations made bv the Fra k C ,
1ion te. . 1 le of /ocur ,·1a11di ts re1axe 111 pu tc law to 1'"
h.,, the ad111111JStr:i11vc
.
aut
, · . 110 0
I .
,- J t d but t 11s 111 · · . . alo f olloWIWhen Par1ia
· I I ft th d . .
men e
f n s omm1ttee -
e ec1s1on o certain questions to d . . . .
hasrd on Statute or contr:ict ts a" · . fi a JJUblic authority ts not fulfilled. Therefore ' i) the ordinary courts, the tribuna ls should fun ction as a m:chm1_n1enry1str;11vedtndbunals, rathder than to
, · natc cxpcctatIOll TOI 11 bl " , lh1 . d · · · .
. , aiid 3 ' legal claim ' wherem a pu 1c authorityc 1
• ,or a JU 1cat1on an not as a
standing c1·cn "hen 3 Iegi111 •
machinery of a mmis~ration, and t?at, accordmgly, their proceedings should be characterised by
• •
. ~ · , J -e between 11 0 C1ann ' . an ~
docmnc p1\11 ides a ,entra spac ex ectation which is legitimate. For example, 1f the Governl!Jc· 'open ness, fa irness an__ 1mpart1altty ;
1
made accountahlc on the grou nd of at. p .. 1 vt'll ages in certain area, but later on, changed it so " 1

There should be admmi stratton appeal from these tribunals to the courts on points of law but not
,r
h:J.S made a schcm, or pro1 1 I
, ct ·ng dnnkmg wa1e1 11
•
' • •
f 1l1e scl1eme then in such a case, what ts violated is•'-
as~
ii)
·11 , • from the purview o , "' on points of fact. . .
d
nclu e cenam .ages 11 . th exc luded villages for tap water, and the Government can~
1 An Advisory Co_unctl should be established, appointed by the Lord Chancellor to report on the
leg1t1ma1e ex_pectat1on of the peop et. e1d reasonable. Thus, they can be deprived of their legitil!J iii) working of the tnbunals.
held responsible ,f exclusion ts not ,at~ 31 • • at
npectations \\1thout fo llowing the prmc1ples of natural Justice. hove recommendations have been substantially adopted by the enactment of the Tribunals and
The _a_ s Act I 958. This Act lays down that -
1nqu1ne , . I . db
a A Counci l o? Tnbuna s appomte Y the Lord Chancellor, has been constituted to keep under review
) the constitution and working of the tnbunals specified m the Schedule of the Act, and also to report on
~ Write Short Notes on the following: other specified matters relatmg to the Tnbunals;
i) Tribunalisation in England and India: b) Appeal on points of law shall lte to the High Court from certain Tribunals, with further appeal to the
ii) The Effect of the Supreme Court and High Court on the Court of Appeal ;
Administrative Tribunal; c) The High Court 's supervisory powers of issuing certiorari or mandamus cannot be taken away by
iii) Franks Committee; law;
iv) Locus-Standi and Public Interest Litigation ffor full Questions and d) Reasons for the decision of a minister or other tribunal must be given. if requested.
Short Notes - Apr.2000; Apr.2002; Oct.2022; Apr.2003; Apr.200i; Thus, Tribunals and Inquiries Act, 1958 provided for a control of the administrative tribunals by the
Apr.2005; Apr.2007; Nov.2010; Apr.2011; Nov.2011; Nov.2012; ordinary courts.
No1•.2013,· Apr.2014; Dec.2014; Nov.2015; Apr.2016/.
Authorities which are held to be tribunals :
Answer: i) Industrial Tribunal ;
ti) Revenue Tribunal;
I) Tribunalisation in England and India: iii) Election Tribunal;
A) Tribunalisation in England : ii') Payment of Wages Authority;
Number of administrative tribunals in the Anglo-American world has multiplied as a result of 1') Excise Appellate Authority;
numerous applicants sought relief from the Ministries or Departments of the Local Govemmeol vi) Rent Control Authority;
authorities. Various Acts came to be enacted which provided for the establishment of tribunals within !hi vti) Statutory Arbitrator;
Minismes or Deparunents. These mbunals can hear and decide matters involving small amounts « ~tii) Panchayat Court;
interests. Mainly because, it would cause disproportionate burden on ordinary courts, undue delay and IX) Commissioner fo r Religious Endowments.
expense. it was thought fi t to leave these pelly matters within the jurisdiction of the tribunals set up for
this purpose. Authorities which are not held to be tribunals :
Most of these mbunals were concerned with pensions and national insurance. National Health !! Military Tribunal;
n) Domestic Tribunal·
Insurance Joint Comminee heard Appeals under the Widows', Orphans' and Old Age Contribulll~
Pensions Act, 1936. iii) Customs Officer· ·
An Appeal Tribunal is established by the Road and Rail Traffic Act, 1933, 10 hear appeals fnior ii') Conciliation Oft1cer·
the refusal of a licence. :! Legislative Assembl~;
A . Under the Unemployment Act, 1934, appeals may be made, with leave, from the Un~mploy111io1 •) Pnvate Arbitrator·
Vii) 2 ' . . ' I d. .
ssistance Board to Adm1n1strauon Appeal Tnbunal. onal Manager of Life Insurance Corporauon ot n ,a.
. There was no control over these Administrative Tribunals in England by -111 y sup,ri•' l'iii) Advisory Board un<lcr Preventive Detention Laws.
Admmistrat1ve
Repon of the Co~;~• .
T .b I Th. . ' '
ts quest10~ was referred lo the Committee on Ministers' Powers, in !932. /
'fh
~ . "' .'
Chancellor to c . tllee on Mm1stcrs Powers evoked public allention to the subject, which kd the 1,01J .
_Under Article 136 of the Constinttion of India the Supreme Court ,s empowered to grant spcc rnl ~--~~' /'.
' )

the subject. Th;~slltute a Commmec, known as ll,e Franks Committee, to make its' reconunendufions <'n appeal fro . . 7? ti Hi •h Court 1s empowered 10 cxer, ise I 1,
omm,uee Report was publtshed m 1957. Power . ni any Judgement of tribunul. Under Arlie1e -- 7 ,e g . . the st•1111s of rhc trihuuals is
rec _o t superi ntendence over all tribunals in the country. In shot!, ..
ogniscct by the Constitution of India.
I nd
98.
Author- Prof. Prakasl, /(
.. . ~
nt) Act I 976 made a prov1 sJOn for Article 323A and
The Constitution (42 Amend:; Administrative Tribunals fo r settl ement of dispu1 l):.
,.....-

~ r y Tribunal;
i) ~\nestic Tribunal;
99. Author Pro( Prakash£ .\fokaL

authorising the Parliament to consll e es ~ ii) o Officer·

. . . . - . customs ,
adJud1catmg certam matters . . b th Act of Parliament and not by the Govemmen 1 iii) C ciliation Officer;
i) Every tribunal comes mto ~xi~ten~~ ~e ~ases in which the Government is the party,. as i••l L~;islative Assembly;
ii) E~ery tnbunal. does not w:; ot~d-udicating disputes between private parties, such as, dis~
th
•'! private Arbitrator; .
tnbunals exercise e po t ~oyers and employees, etc. Pt; vi) zonal Manager of Li fe Insurance Corporation of India:
between landlords and tenan s. e;p t b·ect to administrative interference. vii) Advisor)' Board under Preventive Detention Laws.
iii) Every tribunal is independent an is no su j . I ther than the administrative. viii)
iv) Every decision giv~n by such tnbunal IS JU:::, r~ is necessary that such tribunal must de . !US of Tribunal in India : . . .
In order to come w,thm the meanmg ofa tn ? fr the agreement bet, h nse ~ ~ ... icle 136 of the Const1tut1on of lnd1a the Supreme Court is empowered to grant SJ)<'Cial lea,·e 10
. d. . fr St tute and must not denve power om veen t e Pa1f Under''" . f trib I U d Art. . -
power of adJu 1cat1on om a a . , . h if1 . designated as tribu I b . . 11 1 from any Judgement o una . n er 1cle 227 the High Coun is empowered 10 exercise the
"Domestic Tribunal" which comes mto existence between t e_pa .~s IS . . t b d na ' Ut 111s,1 appea f superintendence over all tribunals in the country. In shon. the status of the aibunals is
0
really tribunal, as it is understood in law, because, domeSllc tn un\1 isCa pnva _e
O
/ se_t up by ~ power . d by the Constitution of India.
agreement between the parties. Accordin_g to Article I 36 and 227 oft e onslltut~o_n ~ lnd1a, the b,~ recognise . . nd . . . ' ' , '
test of a tribunal is that, it is an adjudicatmg authonty (other than the Court), havm,, Jud1c1al power of~ The Const1tut1on (42 Amendment) Act. 1976 made a prov151on for Amcle .,2.,A and .,2.,B
State under a Statute. authorising the Parliament to constitute Administrative Tribunals for senlemeOI of disputes and
d. dicating certam matters -
Characteristics of Administrative Tribunal : ait Every tribunal comes into existence by the Act of Parliamem and not by th_e GoYenunent.
t) Every tribunal comes into existence by the Act of the Parliament. In other words, every tribunal is~ .. Every tribunal does not deal with the cases m which the Government 1s the pany. as some
creation of a Statute. Therefore, every tribunal which is created under a Statute, has a statutory origin n) tribunals exercise the power of adjudicating disputes between private parties. such as disputes
2) Every tribunal is independent and is not subject to administrative interference. between landlords and tenants, employers and employees, etc.
3) Every tribunal is a body having judicial power of the State. The tribunal perfonns the judicial a iii) Every tribunal is independent and is not subject to administrative interference.
quasi-judicial functions and such fun ctions are different from the administrati ve or execu1i,1 iv) Every decision given by such tribunal is judicial rather than the administrative.
functions.
4) Every decision given by the tribunal is judicial decision rather than administrative deci sion. In order to come within the meaning of a tribunal, it is necessary that such tribunal must deri,·e_iis
5) Every tribunal takes only practical and function al approach, rather than theoretical and lcgali,~ power of adjudication from a Statute, and must not derive power from the agreemen1 bel\reen the p:uttes.
approach, because, the tribunal is not required to follow the strict rules of evidence and procedure. "Domestic Tribunal" which comes into existence bel\veen the parties is designated as tnbunal. but 1t 1s not
6) Every tribunal does not deal with the cases in which the Government is party, as some tribun~ really tribunal, as it is understood in law because domestic tribunal is a priva1e body set up by the
exercise the power of adjudicating disputes between private parties, such as, disputes betwer, agreement between the parties.
landlords and tenants, employers and employees, etc.
7) Every tribunal is conferred with the discretionary powers. It is not necessary for the adminislralill According to Article 136 and 227 of the Constitution of India. the basic test of a tribunal is chat. ic is
tribunals to go into the rules of evidence, as wide discretion is given to them to deal with the man~t an adjudicating authority (other than the Court), having judicial power of the S1ate under a Scarure.
ensure expeditious disposal with appropriate practical relief. The only responsibility is to exercise ii
discretion judicially. Characteristics of Administrative Tribunal in India :
8) The Writs of Certiorari and Prohibition are available as a judicial remedy or legal remedy agains1/J
Judgement or decision of the administrative tribunal. I) Every tribunal comes into existence by the Ac1 of the Parliament. In 01her words. e, ery aibuna_I is the
creation of a Statute. Therefore,_every tribunal which is crea1ed under a S1aru1e. has n scaruw~ ongm.
B) Tribunalisation in India : 2) Every tribunal is independent and is not subjec1 to administrative in1erterence •
Authorities which are held to be tribunals in India : 3) E~ery tribunal is a body having judicial power of the S1a1e. The tribunal pertom1s th: _iudici:11 ,,r -iu-isi-
i) Industrial Tribunal ;
Judicial functions and such functions are different from the admioistrJliw or c.,ecuuve tuncnoru.
ii) Revenue Tribunal;
iii) Election Tribunal· 4) Every decision given by the tribunal is judicial decision rJther than administrJci, e decisi,m.
iv) Payment ofWag~s Authority;
v) Excise Appellate Authority; S) Every tribunal takes only prac1ica l and functional ap proach. r.llh:r than theon,ric:il .llld k~Jlisn:
v1) Rent Control Authority ; approach, because the tribunal is not required 10 follow the stricl rules ol e\1dcnce .llld procedun·.
vii) Statutory Arbitrator;
viii) Panchayat Court; :) Every tribunal does not dea l with the cases in which the Govemmenc is_pJrt\ · J..< s,,m,· en~ ·Is
ix) Commissioner for Religious Endowments. Xerc1se the power of adJ. udicatino dispu1es be1ween pri,·a1e pmies. such .is. d1spuc<'S l\\ "'" !.llldJ., ,,
andten . ' .::,
ants, employers and employees, e1c.
Authorities which are not held t b .
o e tnbunals in India :
.. •
.
JOO.

d. e11onary powe ·
11t
A ilor - Pro • Prakash K. 11/0~
rs It is not necessary for the adniinis
d I · t~ ~
7 Everv tribunal is conferred with the is~\vide discretion is given to them to .ea with the tna11~ ,
r ~---.---------!
ks Committee :
frnn~ ·
1.!!.0!.,l._ _ _ ___,A11!!J1t'!J.hof!!r'...::.!P~r:Qo[(lP'.r!ra'!}.k[!!a~sl'L1K[f.Jii![f!!_!ok~a,j,_l.

3) ~ommittee was appomted by the lord C/1a11cellor in 1955 to consider and m·1ke
~bunal; to go into the rules ~f t1:;~;;ri:te practical relief. The only respons1b1ltty is to exercise : nn1cndations witl; re~a~d bto ;~ns~t~tion and functioning of Administrative Tribuna ls in Engla,nd.
ensure expeditious disposal ,11t a i r;c_o, co1t1mittee was ica e y " hver Fra11ks . Therefore. this committee is known as "Franks
. . - ~
d1scret1onJu · • d. ial remedy or legal remedy a •
~ .
111 iuee · • . . • .
.. . . d Prohibition are available as a JU ic ' ga1ns1 ~ Co\11 The Franks Comn11ttce received various complaints fro m the people relating to functioning of
8) The \Vnts odf Cemo~~h: nadministrative tribunal. . istrative Tribunals 111 England . The complaints received by "Franks Committee" are summarised as
Judgement or ec1s10n o 11dnllll
u 11d t-
)
The Rent Tribunal has treme,~do us power, which is capable of rtmning the li fe of the person.
The absence of lugher authority to hear the appeal agamst such Tnbunal adds to the pain and
agony of the person concerned. .
of the Supreme Court and High Courts on ,
••
2) The Effect of Decmons - ----½ ii)
There is no provision to adduce ev1denee on oath, and therefore, the opportunity of cross-
Administrative Tribunal : . d I d b 1, s examination cannot be properly ava iled of.
. A - ftheConstitution of lndl3.the law ecare y t1e upreme Coun ,.
>.ccordmg to me1e 141 o . . . . d I' b. . •~ iii) The persons appointed on the Tribunal have no legal background or no legal qualifications.
. . · effects on
bmdmg • a11 Couns. \\1·1h·n
1 th·
t:
territorv~ of India.
. .
The
.
meanmg
.
,111 t le am II ol the scope ,
(, There arc no settled rules of procedure adopted by the Tribunal.
Articl; 141 also applies to ordinary Courts and the Adm101s1ra11ve Tnbunals. . . iv)
In other words. under Article 141. the decision given by the Supreme Court has b1nd111g cIT~ Recommendation by the Franks committee:
upon the Administrative Tribunal. . . . i) The appointment and removal of the Chairman of the Tribunal must be governed by the Lord
l\rticle 141 docs not include the High Court in its wordings. and thcretore. a question ntay ~ Chancellor.
posed;, 10 whether the law declared by the High Court has similar binding effect on subordinate Cou~ ii) The Council of Tribunals must review the remuneration of the Tribunal.
and >.dministration Tnliunals. iii) The Chairman of the Tribunal must possess adequate legal qualifications.
· E,en thoueh. Article 141 of the Constitution of India does not make any specific provision, 1~ iv) The Tribunal must hold the public hearing except the situation or cases relating to safetv.
principle oi bindi;g effect also applies to the decision of the High Court. The High Court is the aix1 public securi ty, and professional reputation.
Coun in the State. h also exercises superintendence upon the subordinate Courts and Administratir, 1') The Tribunal must allow and appreciate the legal representation.
TnlJUD2ls. Thus. the High Coun has superYisory jurisdiction over thf subordinate Courts, as well over th, vi) The evidence must be taken on oath .
.~dmini,,u:atiw Tnlilllllli. Therefore. the decision of the High Court also has binding effect on 1r.r vii) There must be a provision to prefer appeal to the higher Courts.
.~d:r,ini.srr-"11, e Tnliunals. viii) The decision given by the Tribunal must be supported and justified by reasons.
Case La..-:
E,m Inliia to1'Ullllcia/ Bank rls. Collector of Customs, AIR. /962 S.C. /893 -
' ·, =e. the Jesrion Te<?arding the effect of the decision of the High Court upon thr
-~.:..___,_" "-' e Tro =L ~ up for determination before the Supreme Court. 4) Locus-Standi and Public Interest Litigation :
The rule of locus-standi means. when a person who is aerrricved b1 am· 11TonefuJ act done · ,.
T:.e :zc-.; o - 's case reveal thaL petitioner Company had violated the conditions of licence ar.J another, can only raise litigation.
~ ,7 .. , <::.~ of me good; and due to such commission of the said act, committed an offence. Tu
-:'-".'. u:,,r. ~..!ir-"'! the !"'<itioner Company on the ground that the condition of the licence amounted II The term "locus-Standi" means, unless the person is aggrieved due to some pain or damage caused
e:: ·-,~the pro,isions of the Act. to him, he cannot file a petition. It means that, the person II ho fil es a petition must be aggne, ro or he
__ +• ',~ Hrgi: Coun confirmed the order of the trial Court and ordered that seized goods must be S-OiA ntust sustain damage, loss due to action of other. then on ly. he gm a right to file petition. In other words.
wd - - =-
p,=s rmm be deposned m the Coun. ifhe is not aggrieved, he cannot file a petition.
Tcere>.~.tr. e notice "as sent by the Collector for confiscating the amount and imposing ll<
p,=lrv. The Courts had considered the question of /ocus-standi with ditl~ren1 amtude. This question of
This notice of the Collector was ch II d· h S locus standi was not handled with unifonnity as the Courts have taken a 1cry narro11 ,·ie11 at one point of
Hioh c
1hr
h- . .. .. . a enge 10 t e upreme Court on the ground that, once
e ias g1,en a dec1s1on which has b.10 d. f~ h · · \Or< hnte and extreme view at the later point of time. In the case of narrow point of, iew. the Couns allm,ed
the ro0uce sent bv the Coll : . mg e ect on t e admm1strative authority, and there ' thcappl' · he has suffered legal injury. since there was mfrmgemc-nt
· · · 1a 1~o
· n ot.· 1· 11 · 1
15
Sup,em,, Coun ~ e d t::'.r bad 10 law and contrary to the decision given by the High Coun. fn! . . tcant 1f or \ 'JO 11 s_ ega . ng ll or

suptTintend..'T!ce . . an Admm1strattve Tnbunal over which the High Court has control ~J ~~olation of his legally protec ted interest. In the case of extreme vie11 .. the Courts 111 their d1,crct1 on used
, cannot rgnore the decision of th ffgh
declared by the High Co rt · b.10 d. e I
court. The Supreme Court held that, the I•3 e Wnt. The traditional rule of /ocus~stmu/; is rd axed in the interest ol genc-rJ I 1ssut or mana.
mg on all au th orities or tribunals which are under the superintend<~'
of the High Coun. u is
~
D.c Wat11 ·
-=:.!!!!!!!!!a vis. State o(Biltar, AIR. /88 7 S.C. 579 - . . .
Govcn/n this case, a professor, who was a petitioner approached 1he Cmtr1 _aga111st th,' _ac11on ot 1hc
rncnt With regard to issuance or some Ordinances again and again w11hout ~n:1ct111g law. This

- ...__
 $ Author - Pro. Praka ·/
,1 1/(,,1, 103. A111/ror - Pro . Praka sh K. Mokal.
(onsuruuon. Qunng the hearing of th ''~ . · diction of the Court shou ld be con ,inc
1,e Juns c d lo cases in which lega l wrone or legal ·mJury 1s
ed fraud on the is ca~ 1cnu e( ro up of persons or a determ mate cIass. The Court should not ~ente rtain cases o f
10 i) I I0 g
action of the Government amour;t determination .\ d' ,;dual 111jury or wrong iil cd by the thi rd party
question of loct1s•sland1 came up or / .,rand, as a member of a general p b
had the o, 11.< . f tl C . . u he 111 1' . · ·d Is who move the Co ~ • the shape of Public Interest L111 ga11on
. due to
, d that the Professor h pro,,sions o 1c onst1tut1011 and , 1,11, ThC 1nd1 v1 ua_· . . urt or rcdrcssal 1n
The Court obsen e . d accordme 10 t c no1b . iil sonte n1otivat1 on or cons1derat1on. '" such case, the Court should not all ow such attempt of the
he had right to be go1emcd bi la" ma e ruuonal pro11s1ons ) 1ll individual. . .
made by the Execu111 es nolaung the Consll The distincuon between Locus:Standi and _just1iiabil1 ty must be kept 1n mind. and 11 must not be
Doctrine of Loeal-standi : erson who 1s aggrieved by any wrongful act d0 iii) construed that the State or public authori ty 15 always gu il ty.
The rule of /ocw-s1and1 means. when 8 P ·d. -31 redressal is available to a person wh ne ,
other words JU 1c1 fli I I o ma .
another can onlv raise lmeanon In · ff ed or he is likely to su er ega injury I b Y~
. . .. • h person has su er . d . I . o Od , ,
called as ··agenered . because. sue · f his Jeeal nght or ue to v10 au on of h· ), ,
mind. 10 rep~tanon or propertv due to ,,olanon ° · IS legal\

protected interest.
. ed cation play hindrance in the ways of person to kn
H_owever. the reason of Po"~- u L their riehts. The rule of /ocus-slandi used tO OCk ii;
th
doors of Justice ",th a ' 1'" to protect eir mteres on whose legal right has been violated b COnie Q
the way of those who had ~mpathv to"ards the pers , th Y ac1100 ~ Answer in not more than Two Sentences
another. speciall) by the administrative authontl' and the Go, emment. On e background, tbe Pub!\
[Single Sentence Answers]
Interest Litigauon has come into existence.

Case Law : 'Witli So[utions

~ •-Is. Union of/ndul. AIR. 19825.C. /40-
Justice Bhaga"·au has observed in this case tbaL any public spirited person or institution . on
mo,e the Court for jud1ctal redressal for the cause of justice, provided _that, such a person or institutio~·l
acung m the public interest and he is not acting for any personal gam or private profit or for politi~ "Administrative Law"
motivation or for other cons1derauon. He may approach the Court on behalf of the person who is not ·
position to move the Court due to financial difficulty, social difficulty or due to being in disadvantageo: t. What is the object of Administrative Law?
poS111on. Answer : The main object of the Administrative Law is to control and re0 ulate the adminisrrati,e
authorities so that their discretionary powers may not be turned into arbi trarv powers.
Municipal Council RaJlam vis. Vardichand. AIR. 1980 S.C. 1622
In thi, case. the complainant was a resident of posh locality of Ratlam city who filed petitioa 2. What are the sources of Administrative Law?
agamst the mabihty of ."1unicipality of Ratlarn _to remove the nuisance caused by •unhealthy drainagi Answer: Followin are the main sources of Administrative Law i Constirutional La" : iil Jud1c1al
stem. The Court allowed the peut1on as pubhc interest litigation, because, any person has a fundamental
sygh Precedents or Case Law· iii) Statutes and Delegated Legislation · iv) Ordinances bv the President and
n I to clean and wholesome environment. Governors· and v) Reports of the Committees and Commissions.
M.C. Mehta vis. _Union oflndia, AIR. 19885.C. 1115
preventing nuisance cau,ed bv the poll t'
in range and in e/TccL Th~ Su u ioCo °
r-
This case is popularly known as "Gan p0II . ' .
ution Case '. This was a public interest litigation fN
n nver Ganga, as such, the public nuisance was wide spread
3. Whal is Counseil d' Etat ?
Answer : Counseil d' Etat is the highest Administrative Court in France. It 11 a.s established bv
Napolean Bonaparte in 1799 with the object of providing relief to the citizens a~1Dst the _excesse, of
10
. . .. preme urt ISsued 1mporta t d 'ti · · II th the administration . fn the beginning it performed the function of reso\vin° d,11 ,cu\ue, tound1 the th
municipal11ics of the towns situated on th b k fG n an spec1 1c directions for a e 1111 0
e an o anga. course of the administration but later it started exercisin ·udicial owers '" the mailers h n e
')The objection again<! Public lnttrest 1,1'f1gahon
. • administration.
~- The person who approaches the Court in bl' .
The constitutional remedy und- A . lpu IC interest, does not have locu5-1·1and1·
ll/ 4. What is the object of Henry VIII Clause? . d 0 · lation 1- 10 remO\e certain
.
,
,undamental right,,.
" rt1c e 32 •· d A ·
an
· · ·
nicle 226 is on ly for the infringement of Answer . c ot de 1e •ate 1e 1s . > • • .
difiicul · II difficulties in the enlorcemcnt o l his will b
hi) The Court i, burdened with the addition of . . .. n
overburdened. public interest l11igation, because, the Court is alread) resorti ational Insurance Act I911 ID En •la <l. . .
n h Id b , conferred on the executtvc onlv ID exec uonal
Th c Ii on s 011 c
Llmftat!on_s of Publlc Interest Llllgation : cases lo remove difficulti es.
The limitation on the doctrine of Pub]' I ..
ic merest L111gation are sum .
mansed as under - S, Explain Simple Laying.
~ Answer : Sim le Lavm
House. The ob·ecl of 1h1
----- .
104
_

1
Author - Pro . Pr .

,c inlo fon:c ns soon as lhe , ar

Ilic House aboul 1hc mies and re
~
!/i
~,
--------
~
IOS.
\dniinistrali vc Tribunal s a re not Cou rts b 1
ThC ,I
A 11t/ror Pro f. Prakash K. /vloka/.

etu to , crform uas i-'udi cial fun ~tio u a rc vcslcd w11h lhc s1a1c · 1nheren1 1ud ic ial power.
ns.
is no cfTcclivc control 31all. < 51arc the ~inds of Administrative Tribunals which ex ist in India .
t'n Resolution .
6. Ex pluin La\'ing subj er! ro Affirm• 1 t'o Jes will no r have an J. • Answer: 1 _Income Tax A cllale Tnbu_na ls· ii Industrial Tribunals· iii Ra li wa Rares Tnbunals· iv
. . sub ·ect to nflimrnm·e rcso 1uh:s ~ 1ra11vc Tnbunals unde r lhe Adm1n1s1ra1i ve Tribunals Act 1985 .
a House rhrou h n:solu11on T .
ocfinc "Administrative Discr~tion''.
Lrc1slaLion J6, , r . Dicey defines admm1 strati ve disc rcli "W
~ ~riness and that in a republic no les on as herever _the re ,s a disc renon. ihere ts a room
[Q!:J!tll.it . . s lhan a monarchy d1sc re11onary authori ty on 1he part o f
!h£_.Qgvemment must mean msecunty for legal freedom on the part of i1s sub1ect".
oescribe "Subjective Satisfaction Discretion".
17
' Answer : Where th e_s_tatute empowers the administrative authori ty to set its own lim11s to de1erm1ne
8. Explain La\'ing of Draft Rules. . . .
u,rin lavm of draft rule w1tl1 affim1ative resolu1io .
~riteriafor a_dec~~ion such typ:,
o,:.discretion is called subjective type sa1is fac 11on. For e xample
Anmcr : T11ere m, be rons1on !hf expressions hke tfhethmks fit · if he deems fit"· " if he considers fit" · etc.
considered to be one of the mos1 effecnve controls. The draft rule shall not have any effec1 !!nl ~
approved br 1he House · ~ 18
. What does the term '.Unreasonable_' mean?
Answer : The admtm stra11ve authority must use its discretionary power wi1h utmost reasonableness.
9. Whal docs the expression ·"iarural Justice· mean? lfit acts without reasonableness the Court can set aside its orders and decisions.
Anm er : ·Na1ura l JUSIJ C • IS an expression of English Common Law and involv7s a pmeedl!!lJ
rcqu,rement of fai rness The pri nciples of narural msnce have great s1g01ficance m the stud 19. Explain the term 'Mala fide'.
J\dmm istr.111,·e La" !2Y..Qf Answer : The term malafide means " dishonest mtent1on or bad faith or corruot mouve" When 1he
II is also kno\111 as 'Substan11al Justice or ·Fundamenial Justice ' or 'Universal Justice' or 'Fair Pia" exercise of discretion is tainted with malafide the decision is bad and it is liable 10 be se1 aside. The
111 Ac11on The pnncmles of natural 1usnce are nol embodies rules and are not codified. They--; person alleging malafide must prove it.
Judge-made ru les and are re2arded as couniemart of the American procedural due process.
20. What is "colourable exercise of power" ?
10. Whal is Pccunia~· Bias ? or When does Pecunian Bias arise? Answer : Where the discretionary power is exercised by the autho ri rv ostensiblv fo r the purpose for
Answer : Pecuman• bias anses when the adjudicato; has economic interest in the subject matter of the which it was conferred but in reality for some other purpose it is called colourable exercise of power.
dis pule The Judee. while dec1dm2 a case should 001 have any pecuniary or economic interest In II arises when the statute does not prescribe the particular manner in which discretion must be
=.,words . pecunian ,meres! m the sub1ec1 maner of litigation disqualifies a person from acting as a exercised and the a uthority exercises the power under the colour or guise of le 0 ali rv.

21. Explain Article 32 as a Constitutional remedy.

11. What is Personal Bias ? or When does Personal Bias arise ? Answer : i) The right guaranteed under Article 32 can be exercised onlv fo r enforcemeni o f the
Anmcr : Personal bias arises from near and dear . . . . . fundamental rights · ii) Jurisdiction of the Supreme Court under Article JJ is a pan o f the basic
rofessional association Such rel • h. d. . . · 1.e. from friendshm relat1onsh1p business or
. auons i ,s uahfies a erson from actin as a Jud e. structure· iii) Article 32 itself is a fundamental right.
12. Describe 'Notice ' under Fair Hearing.
22. What do you mean by "Exhaustion of Remedies" ? . .
Answer : There is a du1v on the an ofth d . 'd•
an ac1ion aeains1 him The nouce
.
~ ec, m au th ontv to ive nolice to a erson before takio,
Answer : Exhaustion of remedies means when starute provides for anv remedv or rehd
10 a
nadministrative error the aggrieved person shall seek first such remedies as ava,lable. ;h•s ,s called
hearin and oilier aniculars If th mus1 . e reasonable and must coniain the time lace narure of
~ . e nouce is defecuve or va e all subse uent roceedin s would be "exhaustion of remedies". For example Motor Vehicles Act I 939 <as amended m I 982 and I 9S8 )
provided the scheme for issue of pem1its and also provided remedies for redressal.
13. Describe 'Fair Hearing '?
2
Answer : Fair hearin in its full sense means !hat . 3. What do you mean by 'Writ' ? . . .. confer wril ·urisdiction on the Su reme
nd
assed should be mfon11ed of the char e : a erson a amst whom an order to his Answer : Article 32 and 226 of the Con st ,tulwn of I ia d· r of the Court bv which the Court
Court an d H 1g
· h C ourts respective
· Iy. Writ. is an 111stn11nent
. d. ,d , or ror
cotlicial or an authori
to do an acl
lhe Su reme Court or the Hi h Court directs an 111 ", ua 1o
1111

or abstain from doing an acl.

24, What is "Special Leave to Appeal'' '! . . the Su reme Court to ·•r.mt s ecial leave
Answer : Article 136 o f the Constitution o f India c111 ,oters e or Order in an matter assed b an
to a eal from an Jud ement Decree Deta111ination en1enc
~ r t to exercise di scretionary power in this connt!ct10n .

I
 Author - I'm /; />rokast, 1,· A
.,,,,------------------~= ~ - -Jlc!)0']_7.,._____ ..f.A1.!1'!.!.lf1'1,,r:..::._fu,f,_J~fi!E.!l!JLl~'!!!b
(!! l'ror: l'rakash K. Mokal.
106. ~
Objective Questions
'Witli. So{utions
on
"Administrative Law"

~ r11eJo/loW1?g
· Ob']·ective Questions · · Exammatwns
. an d th e University • . .
Questions Papers
Soft1tions given at th e end 0/ th1 s Book are important for All India Bar Examination
27. What docs ;;Sovereign immunit)"' mean"? . . ·mmunit from liabili t on the round of bein
Answer : Soverei !!n immunitv means. ·cxe1~1 11_011 l i r able for the torts committed b its servants.
{Alll§J· which is the Open Boo~ Exam. and compulsory for every student in India to
Sovcreio-n. The Stale or Government is nol v1canous , I obtain Sanad after they pass their final year LL.B. Examination.

28. Explain contractual liability 0 f t bc Slat~- ld·red with the res onsibili t of im lementin variou Administrative law is the part of -
Answer . A modem \Velfare 5 tale is s 1ou c . . s (a) Statutory law.
schemes for the welfare of citizens. In this connection. the Government enters rnto vane of_contracts
with the individuals and other aeencies. In such siruarions. State as a an to the contracts rs sub·ect (b) Customary law.
(c) Natural Law.
to the same contractual oblieations. riehts and liab,lmes.
(d) Public law.
29. What do vou mean by "Judicial ActMsm " ? . . Prof. A.V. Dicey's formulation of the concept of"Rule of law" means -
Answer ," The ex ression ··Judicial Activism" siemfies the anx1e of C_our1s to find out a ro riate 2.
remedv 10 the aeerieved b , formulatine a new rule to settle the confl1ctm uestr?ns rn the event of (a) absence of arbitrary power.
lawlessness or uncenain laws. The Judicial Activism in India can be witnessed w1tb reference to the (b) that the Constitution is tbe result of ordinary law of the land.
review power of the Supreme Coun under Anicle 32 of the Constitution of India. (c) equality before the law.
(d) all the above three formulations.
30. What do you mean by "Locus Standi" ? Henry VIII Clause in relation to delegated legislation means that, the executive -
Answer :" The expres"sion "Locus Standi'' means. ·'Right to move the Cour1". Generally a person 3.
whose legal riehts is infri nged. alone has a ri ght to move the Coun. (a) can sub-delegate its delegated power.
(b) is empowered to vary tbe provision of the act itself.
JI. What is the meaning of "Public Interest Litigation"? (c) can legislate on matters of principle.
Answer : The expression "Public Interest Liti eation" literally means "Some litigations conducted (d) can legislate on matters of taxation.
for the benefit of public or for removal of some public grievance". According to Oxford English
Dictionary. "public interest" means. "the common well being .... also Public Wel fare and the word 4. Lord Hewart in his book in "The New Despotism" has -
'litigation' means a legal action including all proceedings therein initiated in a court of law with the (a) very strongly pleaded against delegated-legislation ..
puroose of enforcing a ri ght or seeking a remedv. Thus it means 'a legal action initiated in a cour1 of (b) very strongly pleaded in favour of delegated-leg1slatton: .
/aw for the enforcement of Public Interest or General Interest in which the public or a class of the (c) shown indifference towards tbe growth of delegated leg•slat,on.
commumty have pecumarv interest or some interest by which their legal rights or li abilities are (d) predicted tbe eclipse of administrative law.
affected. . . th ughly enquired by the -
5. The subject of delegated legislation was oro
32. What do you mean by 'Ombudsman '? (a) Law Commission 14'h Report.
Answer : 'Ombudsman' is Scandinavian word it means. "a delegate or an agent". Ombudsmall.ffi (b) Select Committee of the Rajya Sabha.
an officer of the Parhament to investigate misuse of admin · t · b ( ve to (c) Administrative Reforms Committee.a
safeguard the citizen. is ratt ve power y the execu , ~
(d) Donougb Moore Committee 1932 · d d d from its
. . Su reme Court unanimous e ucc
33. Briefly state the institution of Lokpa/. 6. th
Which of the following bmdmg rules e p . .
Answer : The institution o_f Lokpal is_ to consist of one Chairman and two Members The~ decision in "the Re Delbi Laws Act" case ? . d. tion to apply without mod1ficanon tbe
appointed by the President m consultat,on with the Ch· f J · . · f the . nnitted at its ,sere ' • 1 · s way to Centre to the
s c ·• . ,e ust,ce of Indta. Only the Judges Q.,....=- (a) The executive authonty was pe art of India under the leg,s auve
ourt are ehgtb/e to be appomted as the Membe Of LOk · fi ve
y upreme
Th d r, · rs pal. The tem1 of offi ce ,s_,__,_..- whole of any Central Act already rn any P . • -1
ears. e proce ure or removal ts by way of impeachment in the Parliament. new area future Centrnl laws and apply them m a s1m1 ar
(b) The e~ecutive authority was pennitted to select
way.
 108. A11thor- Prof; Prakash I( ,\

(c) The executi ve authority was allowed to selected and apply a provincial.
~ · Ridge v/s. B_nldwin's case deals With_ A11tl,or - Pro ; Prakasi, K. Mukai.
(d) A\\ the above. 15· (a) Corporation:
(b) Natural msl1ce.
7. \\'hen Legislature delegates rule-making power to an agency - (c) Slate liability.
(a) II can revoke its authority . . . (d) Delegated leg islation .
(b) II retains some control over delegated \cg1s\a11on.
(c) II abdicates its responsibility and power to the agency. _ Delegated legislation has grown in India _
16
(d) It washes ofT its hands regarding that matter. (a) because of •reat ressure of work on the .
1
(b) as a consequence of Supreme Court decisi~n•slaturc:
8. The Doctrine of Separation of powers is ascribed lo - (c) due to the const1tut1onal provision encoura exhorting delegated legislation.
(a) Plato. (d) due to the demands of the bureaucracy l hge delegated legislation.
(b) Locke. o ave leg1slat1 ve powers
(c) Montesquieu. 17 "Administrativ~ law is the law relating to administ .
_ ·
(d) Aristotle. powers an~ duties of the administrative authorities'~~hon: It det~~mines the organizations,
has been given by - This definition of administrative law
9. Publication of delegated legislation or rules made thereunder - (a) Prof. U.P.D. Kesari.
(a) is to be done to make a \aw operan vc. (b) Prof. LP. Massey.
(b) is mandatory under law. (c) Bernard Schwartz.
(c) is to be done only if courts so decided in a case. (d) Sir Ivor Jennings.
(d) is meaningless.
18. The concept of Droit Administratiff was first developed in _
Rule of Law means - . (a) India.
(a) Pervasiveness of the spirit of Law throughout the whole range of government m the sense of (b) Germany.
excluding arbitrary action by government. (c) England.
(b) Natural law. (d) France.
(c) Positive \aw.
(d) Rule of man. 19. What item of the following essentials does a quasi-judicial decision not involve ?
(a) Presentation of the case.
11. Which one of the following is the most valid ground for issuing writ of Mandamus ? (b) Ascertainment of question of fact by means of evidence given by the parties.
(a) Violation of the principles of natural j ustice. (c) Ascertainment of questions of law on the basis of submission of legal arguments.
(b) Error apparent on the face of record. (d) A decision which disposes of the whole matter by applying law 10 the faces.
(c) Want of jurisdiction.
(d) An officer's neglect of public dutv imposed by law. 20. The Supreme Court in connection with delegated legislation, enunciated the following
principles -
J2. The Central Vigilance Commission was created as a follow-up of the recommendation of (a) There is no restriction on delegation oflegislative powers.
"San than am Committee". It was created in - (b) Powers of delegation is not ancillary to the power oflegislation. . . . .
(a) 1964. (c) The limitation upon delegation of power is thal the essent1al-leg,sla110n function cannot be
(b) 1948. delegated.
(c) 1977. (d) None of the above.
(d) 1967. between quasi-judicial and
21. lo what judgment of the Supreme Court, the diS tinction
13. The Principles of Nature Justice - administrative action has become blurred ?
(a) are fixed and their components are not variable.
(b) are laid dawn in lhe slatules under which an adjudicatory body functions.
(a) G.G. Patel v/s. Gulam Abbas, A.LR. 197ii!·~9~
(b) State of A.P. vis. S.M.K. Parasurama, A.
019
0 s."c 2257.
c 150.
5
( c) are not "embodied" rules. (c) A.K. Kraipak v/s. Union of India, A.LR. 970 · ·
(d) require proceedings in administrative adjudication to be as formal as in a court of law. (d) All the above.
J4. The ground of "error of law apparent on the face of the record" is connected with the writ of 22 . · · derived largely from -
· The principle of natural 1ustice 1s
(a) Prohibition. (a) Legislation.
(b) Certiorari. (b) Common law.
(c) Mandamus. (c) Judge-made law .
( d) Habeas corpus. (d) Customs.
 ,4 11 I/tor - Prof; Prakasl, I( /11 Ill.
110.
~ ·nee of ParIiam t
(c) 9).!]11111
-------..d
en or State Legislatu
101rr:.:-~P~rr_fo>.L.~P~r[fa,j,_kc!!a~
A[!!u![!tl!!J sl(!_1JS;-,..Y otik~arl_.

Which of the following statements is_ correct? (d) Speaker of the Lok-Sabha or Vidhan Sabh~
23. a) All tribunals may review their dcc1s10ns. to review its own deci sion. . fhe basis of judicial control of delegated 1 • •
A quasi-J·udicial body has mherent:power d . . if there is grave-error of law m it. J2• ) Doctrine of ultra-vires. egislation is_
(bl ' . ,ts own ec1s1on . db h
(c) A quasi-judicial body may review . ·ts own unless authonze t e statute. (b) Doctrine o f pit. h an d substance.
(a,._-
(d) A uasi-·udicial bod ma , never review on I • •
(c) Doctrine of delegates not-potest dclegare.
. . ele ated legislation was laid down m -
24. The rule which requires publication of d g (d) Doctrine of effacement and abdicati on.
(a) Departmental authorities. parliament can delegate to the Executive_
(b) Public Corporations. JJ. (a) Only essential legislative powers.
(c) Adm in istrative bodies. (b) Q!!.lY non-essential legislative powers.
(d) Administrative tribunals.
t d legislation was laid down in - (c) Both, essential, and non-essential legislative powers
25. The rule which requires publication of delega e (d) None of these. ·
(a) In Re Delhi Laws Act.
(b) Harla v/s. Sate of Rajasthan. _ A Public corporation is -
34
(c) Dwarka Prasad v/s. State ofU. P. (a) A 'state' within the meaning of Article 12 of the Indian . .
(d) Hari Shanker Bagla v/s. M.P. State. (b) A limited company. Constitutwn.
26. In which of the following context the decision in Maneka Gandi is important in (c) A firm .
(d) A department of the government.
administrative law?
(a) Rul e of Evidence. 35. The object of Central Vigilance Commission is to check corrupt amon st_
(b) Separation of powers. (a) Government servants. g
(c) delegated legislation. (b) Public.
(d) Right ofhearin e. (c) Members of the Legislative Assembly.
27. The expression "New Despotism" used by Hewart refers to - (d) Ministers.
(a) Administrative Law. 36. The Supreme Court has developed a dynamic and progressive concept to bring and control
(b) Constitutional Law. the Public undertakings within its jurisdiction and the concept is that -
(c) Rule of law Public Law. (a) Public undertakings are departments of government.
(d) New Dictation. (b) Public undertakings are instrumentality of the government.
28 . . Administrative law is the law concerning the powers and procedures of - (c) Public undertakings are public authority.
(a) Legislative Assembly. (d) Public undertakings are government functionaries.
(b) Legislati ve Council. 37. An act empowered the State Government to requisition any property for any public
(c) Courts of Justice. purposes if in the opinion of the government it was necessary or expedient to do so. Is the
(d) Administrative Agencies.
function?
29. An official w~ose ~esigna~on _is not required to he accepted resigns and continues to work (a) Judicial.
even after resignation. Which 1s the appropriate Writ to be against him ? (b) Quasi-Judicial.
(a) Mandamus. (c) Administrative.
(b) Prohibition. (d) Legislative.
(c) Ouo-warranto.
(d) Certiorari. 38- The Institution of Ombudsman started first in -
(a) 1950 In India.
JO. The administrative courts in France decide the dis ut b . (b) 18000 in Germany.
(a) The state and the public undertaking. p e etween the foUowmg -
(c) 1809 in Sweden.
(b) An individual and the State.
(d) 1874 in England. . .
(c) An individual and individual. 39 . ated legislation in India is -
(d) An individual and a public undertaking. · The law which requires publicat10n of deleg
31.
(a) Ideal Law.
Legislature exercise control over delegated legisl f100 h
(a) The Prime Minister. a t rough - (b) Natural Law.
(b) the Supreme Court of India. (c) Decision of the court.
(d) Statutory law.
-
_ _ _______________!LlL - - -----'A
!!!!.u~m~o~r.::....,P~r~o~C~P

•·
. ~r~a~k~a~sl!!...!1X.,

11 · lation ' was used by th e Privy

~
1

c o1111cil ?
s catc the corrc~t-answer Administrative Trib
--
Author - Pro . Prakash K. Mokal
In which of the followin g cases term ' Cond1tiona cg1s . 48• ) purely Adm~m strall ve fu nctions. unals generally exercise _ ·
40. (3 Admini strall v_e fu ncti on.
(a) Queen vis. Burah. (b) J dicial fun ction.
(b) K.E. vis. Banoori Lal. (c) u d . . I fu .
(d) Q!!J!fil:Ju 1c1a ncll on.
(c) Jamna Das vis. Ram Autar.
(d) None of the above. state the corre~t answer. In Uttar Pradesh
41. Th e ' rule against persona l bias in hearing· requires - 49, ACI was passed m - , Uttar Pradesh Lokayukta and Up-Lokayukta
(a) Actual proofof prej udice. . . rt that he did not have a pcrso I (a) 1977-
(b) The adj udicator to prove to the sat1sfact10n of the cou na bias in (b) 1976.
hearing. . .. . (c) !.27-i-
(c) Some ground fo r assuming the possibility ~fb ias. ias existed in the circumstance (d) 1974.
(d) That in the Court 's own evaluation a real hkehhood ofb ' s of the
, State the correct answer : The first State to en I L
case. So (a) Maharashtra. ac okayukta Act is _
42 . A Tribunals in invested ";th powers of judicial nature under a statute. A Tribunal is - (b) Uttar Pradesh.
(a) A Court with limited authority. (c) Bihar.
(b) A Court . (d) Qn§§•
(c) Never the less not a Court .
(d) None of the above. 51_ State the correct answer: Appeal against the decision of the Ad . . . .
the Administrative Tribunals Act, 1985, can be made to_ mintSlrative Tnbunals under
43. Judicial control over delegated legislation is exercised through - (a) The High Court.
(a) Issue of Summons. (b) The Supreme Court.
(b) Issue of Wri ts. (c) Central Vigilance Commission.
(c) Issue of Warrants. (d) Nowhere.
(d) Issue of Proclamati ons.
52. Which one of the following statement is correct : If the decision of a Quasi-Judicial Tribunal
44. A system of dual jud icature consisting of civil courts and administrative courts exists in one is quashed by the High in a 'Writ petition' -
of th e fo llowing countries. 'ame the country - (a) The tribunal has no right to appeal at all.
(a) U.S.A . (b) The Tribunal may approach to the Supreme Court by way of appeal.
(b) U.K. (c) The Tribunal has right to appeal or not would depend upon the act under which it has been
(c) France. established.
(d) India. (d) All statements are false.
45. Regarding publication of delegated legislation which one of the followin g statement is 53. The rule of "Post decisional hearing" was laid down by the Supreme Court of India for the
correct ? first time in the case of -
(a) It need not be published as ignorance of law is no excuse. (a) Swadeshi Cam on Mills v/s. Union of India.
(b) It need nOl be publ ished onl y when the parent Act so requires. (b) Liberty Oil M ills vis. Union of India.
(c) It should be publi shed when the rule-making authori ty directs for the same. (c) Charan Lal Sahu v/s. Union of India.
(d) It must in each and everv case be published. (d) Maneka Gandhai v/s. Union oflndia.
46. By which th e foll owin g institution of Lokpal in India was first recomm ended ? 54 fli b corrected by a writ of -
· Wrongful assumption of a public o ice can e
(a) 14th Reports of the Law Commi ssion.
(a) Quo-Warranto .
(b) Administrati ve Refonns Commi ssion.
(b) Mandamus.
(c) Sarkaria Commission.
(c) Prohibition.
(d) Santhanam Comm inee.
(d) Certiorari . . f , - of Mandamus ?
55 • Which one of the following is most vahd . nd for the issue o "n1
47. In which of th e followin g )'ears Central Vigilance Commission was established ? grou
(a) 1947.
(a) Excess of jurisdiction. .
(b) I 950.
(b) disregard of rules of natural j us uce. d
(c) 1964. () E t. of the recor ·
c rror of law apparent on the ace
(d) 1975 . (d) &ilure to perform the duty imposed by ~
1
 Author - Pro : Praka f/
114. . • • I(. Mo
of constructive res-judi~,ata . ko( ~w. Author- Pro . Prakash K. Mokal.
n (a) constituti onal law.
56. In which one of the following Writs th e pri ciple
IS ~OI
(b) d ninistratJve law.
applicable? (c) ~
(a) Prohibition. (d) Rule of Jaw.
(b) Certiorari. Which one of t_h e follmving statement is true ?
(c) Mandamus.
64, (•) Admi nistrative law 1s a branch of private la; a ..
(d) Habeas corpus. ' Administrative law 1s a branch of Pub Ji I nd 15 independent of . .
. Parliamentar)' control. over delegated legislation is (b) · I • b c aw and a const1tut1onal law
57. State the correct answer <'Xetciseq dministrative aw 1s a ranch of Private Iaw and a art of Constitutiona11aw. ·
(c) A . . · I · b h
through - (d) AdJ111J1IStrat1ve aw 1s ranc of Public law and c part of Constitutional law.
(a) The Speaker of the Lok Sabha. ontrols of Constitut" I I
which case of the following the Sup JOna aw.
(b) The Prime Minister of Ind ia. . f Lok Sabha 65- Ipublication
n • o f Delegate d L egis • Iahon
· ? reme Court ha s 1aid · down the rule requiring
(c) The Vice Chainnan of the Rajya Sabha and the Speaker O ·
(d) Laying of the delegated legislation before the Parliament. (a) Hari Shanker Bagla v. State ofM.P.
(b) In re Delhi Laws Act.
58. State the correct Answer : The effect of \'iolation of rule of audi-alteram partem that is tuJ
(c) Dwarka Prasad vis. State ofU.P.
of fair hearing is - e (d) Harela vis. State of Rajasthan.
(a) Mere an irregulari ty.
(b) An ill egality. _ Which one of the following was suggested by the C M p R
(c) Voidable Null and void. 66 (a) Delegated legislation ~ould be published. •· · · eport ?
The decision of which one of the foffo,.ing cases_b~cam~ a turning _point in India that tnade (b) Control through press ts most effective.
59.
the principle of natural justice applicable to admm1strative proceed mg also? (c) Legislative control is most effective.
(a) Dr. Binapani vis. State ofOrissa. (d} Judicial control ts most effective.
(b) A. K. Kraipak vis. Union of India.
(c) Maneka Gandh i vis. Union of India. 67, Which one of the following statement is correct Amongst the control mechanism of
delegated legislation -
(d} Mohinder Singh Gill vis. Chief Election Commissioner.
(a) Administrative control is most effective.
60. In which of the foflo,.ing cases the Court refused to accept the contention that viva fist is (b) Control through press is most effective.
defective as it leads to arbitrariness ? (c) Legislative control is most effective.
(a) Ajai Hassia vis. Khalid Mujib. (dl judicial control is most effective.
(bJ Moo) Chand vis. Chancellor ofKuruk.shettra University.
(c) Board of High School & Intermediate Education U.P. vis. Chitra. 68. Point out the correct answer. Natural justice in administrative proceedings means -
(d) U.P. Board of Technical Education vis. Dhanwanantari Kumar. (a) Principles of justice equity and absence of bias.
(b) Decision in the interest of the administration.
61 . Regarding publication of delegated legislation which one of the following statement is (c) The right to be a judge is one's own cause.
correct? (d) Decision according to the discretion of the administrative officer.
(a ) It must each and everv case be published.
(b) It should be publis_hed only when the rule-making authority directs for the same. 69, In which case of the following, the Supreme Court bas upheld the constitutional validity of
(c) It needs to be pubhshed only when th e Parent Act so req uires. delegated legislation oflndia ?
(d) It need not be published as ignoran ce of Jaw is no excuse. (a) In re Kerala Education Bill.
(b) A.K. Gopalan vis. State of Madras.
62. Under the Lokpaf Bill 1996 th Ch ·
d . ' ' e airman and Members of the institution of Lokpal are (c) Romesh Thaper vis. State of Madras.
propose to be appointed by the President in one of th ~ ff .
(a) In consultation with a committee head d b . e o _owmg manner - k (d) In-re Delhi Laws Act.
Sabha Vice-Chairman of Rajya Sabh e Y th e Pnme _Mm1ster consisting of Speaker o_f.19.- 70 i the growth of delegllted legislation
Union Home-ministry of Home a d Ma _leaders of oppositi on m Lok Sabha and Rajya~ · ~hich of the following is the most important reason or
its members. n t
lnJ S er of Personnel Public Grievances and Pensi~
10 modern times ?
(a) Lack of time with Parliament.
(b) In consultation with the C.J.I. only.
(b) lack of will on part of Parliament.
(c) In consultation with C.J./. and Speaker of the Lok Sabha
(c) State of Emergency.
(d) In consultation with the C.J./. and Leader of .. :
oppos111on m Lok Sabha. (d) Technicality of subjects-matter. the doctrine of 'separation of
63. The e1epression "New despotism" used by Hewart refers to _ 7). W the propounder of
ho amongst the following is said to be
Power''!
 Author Prof. J'rakaSII l\. Jn UKUI,

~-
(a) hn Dickenson.
(a) Lock
(b) Plato. .
(b)
1
°
Edward Coke.
5 fp
(c) ~ AV 1 Dicey.
r
(c) Montesquieu. C rt bas laid down that Stat (d) ro . · ·
(d) ~ . cases supreme. ~ action of its employees? e \Viii hich of the following cases the Writ of Habeas Corpus was held to be suspended ?
. f the fo\10"1ng on for arb1tra . ~ 80, In~ ncka Gandhi v/s. Union of India.
72, In which o rie,•ed pers .
compensation_ to the:,: Mrs. Vidyawatt. (a) M:khan Singh vis. State of Punjab.
(b) R m Manohar Lohia v/s. State ofBihar.
(a) State of. Rapsthan
(b) Kastun Lal v s.
. f Up
I State o · ·
f Rajasthan.
(c) Shyam Sunder v/s. St~;1uthori , v/s. M.K.Gu a.
t
.
i~
@.M . Jabalpur v/s. Shiva Kant Shukla.

(d) Lucknow Develo me to" is issued agamst - prerogative Writs can be issued by what Court?
. r"Qua-Warran 81 · (a) District Court.
State correct answer. The writ o
(b) High Court.
73. (a) The appointing Authonty.
(c) Supreme Court.
(b) The appropriate Government.
(d) Supreme Court & High Court.
(c) A usumer of a public office.
(d) None of the above. _ "Rule of Law" is embodied in the following articles of the Constitution .
. and quasi-judicial acts have become blur 82
administra IIve . red ar (a) Art. 21.
74. The distinction between C urt in one of the followmg cases. Point out th ,
the judgment gi,•en by the Supreme o e toni (b) Art. 226.
case· (c) Art. 32.
(a) Union oflndia v/s. Tulsiram Patel. . . . (d) Art. 14.
(b) Mohinder Singh Gill v/s. Chief Elecnon Comm1sst0ner.
(c) S.L. Kapoor vis. Jagmohan. . 83, The object of law is to check abuse of power by the following.
(d) A.K. Kraipak vis. Union of lnd1a. (a) Legislatures.
(b) Parliament.
75. The institution of "Ombudsman" was first started in which country of the following. (c) Administrative Authorities.
(a) New Zealand (d) President.
(b) Denmark.
(c) Sweden. 84. Principle of res-judicata does not apply in which of the following writs -
(d) Norway. (a) Habeas Camus ..
(b) Prohibitions.
76. Recommendations made by the Franks Committee were made with respect to - (c) Mandamus.
(a) Public Corporation.
(d) Quo-Warranto.
(b) Administrative Tribunals and Enquiries.
(c) Separation of Powers. 85. What is the main reason of growth of Administrative Law ?
(d) Delegated Legislation.
(a) Limitations of time and technical nature of legislation the need of fl exibilirv experimentation
77. "The principles of natural ·ustice and quick action.
prevent justice from being J t bare th0 se fundamental rules, the breach of which ,l (b) Growth in science and technology.
(a) Lord Parker. seen ° e done". Whose is this statement ? (c) Inadequacy of the traditional type of courts and law making bodies.
(bl Lord Denning. (d) None of the above.
(c) Lord Hewart.
86· The office of Ombudsman was set-up in the following countries in which year '? Find out
(d) Lord Widgery.
incorrect response -
78. Who _said that "Administrative ,. (a) Norway 1966.
twentteth century" ? La\\ 1s the most out t d. (b) Denmark in 1953.
(a) K.C. Davis. s an mg legal development of •
(c) New Zealand 1962.
(b) H.W.R. Wade.
(d) Finland 1919.
(c) Sir Jennings.
(d) Vanderbelt. 87
· Can High Court quash the decision of a Tribunal on these grou nd s?
(a) It has not given reason for its decision.
79. Who amongst the following is said
(b) ln evaluation of evidence it has not followed Evidence Act.
to be the ori i ,?
g nator of the concept of "Rule of !.,all' · (c) Its decision is not up to the mark.
 Author - Pro f; Prakasl, I(
A ul/ior - ProG Prakash K. Moka/.
us. . ofl ndi a.
~
1
, a citi zcl ·ghts of an individuals.
111 I· II thc n . . •
1 Jta> a lUS of un st_1c erson.
(d) None of the above. ·amine the validity of holding 1,l 1111s thC sta .
8
. . d by Hon 'ble High-Court to ex Public 1,tl . asc the doctrine of post-decision al hea rin g was laid
88 _ In which wnt 1ss~e . .h1ch c down by the Sup re me Court of
10 11
office by a person •. q1, di9 ? Mills v/s. Uni on of Indi a.
(a) Writ ofCertioran. 10
) t,1inc_rva Gandhi v/s. Union of Indi a.
(b) Writ of Mandamus. 1a:·,. ..c k , 1 ~
(c) Writ of Proh1b1tion. (bl ~ 11avan,
~and Bharti v/s. State of Kera la.
.N .
(d !(cs_ ' Nehru v/s. RaJ aram.
(d) Writ ofOuo-Warranto. . . is to check corruption amongst. (d) 111d1ra .
v· 'lance Comm1ss1on
c version -
The main purpos~ of Central 1g1
89. qS. Gi••c tru,tial legislati:e P?wer can be delegated.
(a) Governments servants
(b) Ministers.
(~) Es5e'.essential le tslat~ve ower can be de le ated.
(c) Members of Parliament. (b) Non ntial Jeg1 slat1ve power cannot be delegated.
(c) Non-esse f legislative policy can be delegated.
(d) Members. (d) Matters o
. f d gatt"d legislation -
90. What ground of judicial review o e Ie rounds of judicial interference with awards and orders of the ad ministrative
In ,vhat g
(a) Doctrine of abdicat_ion. 99· 'bunals ?
(b) Doctrine ofultra-vU'eS. tn the tribunal has acte d ID
· v10
. Iatton
. of the pnncmles
. . of natural justice.
(c) Doctrine of de legates-non-potest delegare. (a) ~ the tribunal has acted without jurisdiction.
(d) Doctrine of pith and substance. (b) Where the award of the tribunal is arbitrary and malicious.
. th powers and procedures of - (c) Wbered .. 1interference is possible with the awards and orders of the tribunals.
91. Administrative law is th e law relattng to e (d) No JU 1c1a
(a) Legislati ve Assembly. in India bas been appointed for the first time -
(b) Legislative Council. !Oil, ombudsman
(c) Adminisrrati ve agencies. (a) 1989.
(d) Courts of law. (b) 1993.
(c) 1990. ·
92.
The leading decision of Maneka Gandhi v/s. Union of India relevant to ?
(d) None of above. .
(a) Right of hearing. 'gilance Commission bas been created on the recommendation of -
(b) Separation of powers. IOI. Ceotra 1I V .
(c) Rule of evidence. (a) Swaminathan Com_m1ttee.
(d) Delegated legislarion. (b) Santhanam Committee.
(c) Kothari Committee. . .
93. In which the following statement is true ? .
(a) A quasi-judicial body mav never review its own decision unless authonzed by the statute. (d) Administrative refonns Commtsswn. . that the expression
. he Supreme Court laid down . ., vided
(b) All tribunals may review their decisions. . . IOl. In which case of the followmg cases, t . hin its ambit "all adjudicating bodies _pr:ished
(c) A quasi-judicial body may review its own decision if there is grave error oflaw ID it. 'tribunal' in Article 136 would include wt!. d with judicial function as diS!mg
(d) None of the above. 1
they are constituted by the st ate a nd are 111:es e
. tive function -
94. The principle of 'Droit Administratir owes its origin to - from purely administrative or execu Th Bharat Bank Ltd.
(a) India. {a) Bharat Bank Ltd. v/s. Employees of e
(b) France. {b) Raigarh Jute Mills v/s. Eastern Railway.
(c) Germany. (c) A.C. Companies v/s . P.M_. Shanna. A Sangarna.
(d) England. (d)A.P.H.L. Conference, Shtllong v/s. W. ·
lo J. State the correct Answer. A pub Iic • orporation is -
95. What ground delegated legislation has grown in India ? c
(a) Due to the constitutional provisions encouraging delegated legislation. (a) A citizen of India.
(b) Due to the demands of the bureaucracy to have legislative powers. (b) A department of the government.. of the Constitution.
(c) Because of great pressure of work on the legislature. 12
(c) A state within the mean in of Art icle tuurion of Iudia by
(d) As a consequence of Supreme Court decisions exhorting delegated legislat ion. (d) None of the above. included i11 th e Cons
,. Public Corporation of India -
IO T 'bunals were
4, Articles 323-A and 323-B rclatiug to ri
(a) Is not subject to any fundamental right.
Which amending Act of the following -
 120.
• dn1ond Verk .
(a) The Constitution (38 th Amendment) Act. I 975. (d) ,,
(b) The Constitution (4 1" Amendment) Act 1976. \\'hich of the fo~lowing rul es docs not follow
(c) The Constitution /42"d Amendment) Act 1976. 11 1. ) suprc,nacy o1 the Law the concept or _ ,
(d) The Constitution (44 th Amendment) Act 1978 . 0
(~) 1,quahty before the Law •ccy' ' Rule or Law' ?
flows from any two princi (c) ~,nmancc of the legal sp, nt ,n Indi a
105. "Bias disqualifies a person from acting as Judge .. - p 1Cs Of
following- th, )d) Ail the above -
(a) No one shou ld be the judge in hi s own cause. plcCY considered Droit Administratiff as_
(b) Justice mu st not onl y be done under dictation . 114, a)l!&ll!nsl Rule of Law.
(c) Justice should be supposed to be done. ~) supplementary to the Rule of Law.
(d) Justice should not be done under d1ctat1on . (c) part of the Rule of Law .
106. Point out the correct answer out of the following (d) both, a), and b ).
(a) I and 2 are correct. Who basically gave the doctrine of 'Separatt
(b) 2 a nd 3 are correct. 115, . on of Powers' ?
(a) Montesquieu . •
( c) I and 3 are correct.
( d) 2 and 4 are correct.
(b) Plato.
(c) Aristotle.
107. A public undertaking or corporation - (d) Socrates.
(a) has the s tatus of juristic persons.
. Doctrine of 'Checks and Balance' is _
(b) has all the rights of an indi,idual. 116
(c) is a citizen of India.
(a) another term for concept of 'separation of powers'.
(d) is not s ubject to any fundamentals rights. (b) to determine the practical limit on concept of separation of powers
(c) not related to concept of separation of powers. ·
108. In England the Frank's Committee report was on the following subjects - (d) to deny the concept of separation of powers.
(a) Relation between Council of Ministers and King.
(b) Relation between citizens and the administrative authority. 117. Jo the Indian Constitution, the doctrine of separation of power _
{c) Relation between the people and Parliament. (a) is strictly followed.
(d) None of the above. (b) bas been completely neglected.
(c) has not been strictly followed but the function of one body will not be performed bv the other.
I 09. Administrative law relates to the portion of nations legal system - (d) only judiciary can interfere with legislative functions.
(a) Which speci fi es the procedure by which those rights a liabilities are enforced .
(b) which defines the rights and liabilities of private individuals in their dealing with public 118. Which of the following famous case was decided by the Supreme Court related to

officials. conditional legislation ?

(c) which deterrnines the legal status and liabilities of state officials. (a) Yatindranath Gupta v/s. State ofBibar.
( d) All the above formulations are substantiall y correct. (b) 1n Re Delhi Case.
(c) Queen vis. Burba.
110. Which of the following is not the source of Administrative Law ? (d) Banwari Lal v/s. State ofBihar.
(a) Judicial decision.
(b) Ordinances. 119. In case of Yatindranath Gupta v/s. State of Bihar, - .
(c) Delegated legis lation. (a) conditional legislation by Privy Council was recogmsed.
(d) Case Reporter. (b) conditional legislation was recognised by th e Feieral ~urt of India.
(c) conditional legislation was derecognised by the upre,
111 . The aim of Administrative Law is -
(a) to restrict the arbitrary powers of the Government . 120. Delegated legislation is -
(b) to lay down rules according to law. (a) Judicial legislation.
(c) establishment of public directions to the Government. (b) Semi-judicial legislatio n.
(d) establishment of public welfare State. (c) Law of legislature.
(d) Executive legislation . . . tr•tirr took pl•ce "?
112. Who is considered the main propagator of 'Rule of Law'? I2 h 0 f 'droil •dnums
(a) Dicey. 1. In Which of the country, the firS t birt
(b) Montescuieu . (a) India.
(c) Coke. (b) England.
 I l3 .
Author- Pro . Prakash K 111 ·t of l\'fandamus is - . A uthor - Pro . Prakash K. Mokal
• Okq1_
,vri technical than wnt of certi orari
JJ0· (a) 1es 5 technical than wri t of certiorari and .
(b) ~ c a l than writ of certiorari Wnt of prohibition
(c) Gennany. more . . . ·
(d) France. reme Court of India held t~at !t is ncccssa (c ) re technical than w nt of quo warra t
(d) mo . n o.
122. In which of the following ca~e, the n~~:S paper of the language which is spoken in ;h'o oncept of Lokpal m India is taken f
th fhC c rom.
publish delegated legislation in e a,
particular region ? . I B nglore Corporation . tJl • ( a ) ~
(a) Banglore W.G. & S. Mi lls Co. v s. ~arkel Committee. (b) England.
(b) Govindlal vis. A riculture Produces mirchand. (c) France.
(c) Union Main Cont roller Import vis. \hra Pradesh. (dlv.s.A-
(d) Shri Narayan Reddy vis. Stale of An ,? t:stablishment of first Lokpal in U.P. was in_
er 'audi alteram partem .
d
123. Which of th e following right comes un 1Jl. (a) 1961.
(a) Righi of oral hearing.
(b) Righi of presentation of evidence.
(b) !.211·
(c) 1985 .
(c) Right to give hearing to other par1Y- (d) 1989.
(d) All the abo ve. The Central Vigilance Commission was established . 19
· · rrative Tribunal ?
d tJJ. . C mmittee m 74 by -
124. Which of the followin g comes und er A minis (a) Vergis o . ·
(a) CentTal AdministTative Tribunal. (b) Kelkar ColDIIllttee:
(b) Stale Adm inistrative Tribunal. . (c) ~thanam ColDIIllttee.
(c) CentTal or Slate AdministTative Tnbunal. (d) Nariman ColDIIllttee.
(d) All the above.
• procedure followed before Lokpal is -
125. Oil and Natural Gas Corporation is - 134
(a} Judicial.
(a} Commercial Corporation.
(b) Semi-judicial.
(b) Subject r:omoration .
(c) Self controlled Corporation.
(c) Administrative.
(d) Semi-administrative.
(d} Development Corporation .
IJS. Which of the following is not Government Corporation ?
126. Damodar Valley Corporation is -
(a) Commercial Corporation. (a} Air India.
(b) Government Corporation. (b} Indian Airlines Corporation.
(c) Private Corporation. (c) Life Insurance Corporation.
(d) Developmenl Comoration. (d} Radio & Television Co=unication.

J27. Reserve Bank of India is - 136. Which of the following Corporation is Government Corporation ?
(a) Commercial Corporation. (a) Damodar Valley Corporation.
(b) Social Service Corporation. (b) IFCO.
(c) Currency Notes Corporation. (c) Post and Telegraph.
(d) Self ContTolled Comoration. (d) State Bank of India.
128. What is the rule of controlling over public corporation ? 137. Which of the following is not Public Corporation ?
(a) Judicial control.
(a) Railway Board.
(b) Parliamentary control. (b) Oil and Natural Gas Corporation.
(c) Government control.
(c) State Trading Corporation.
(d) All the above.
(d) Hindustan Steel Ltd.
138 . L 0 kpal under Lokpal Bill ?
129. Against which of the following the Writ of Mandamus i t. d?
(a) Trade Union. s no issue . · Which of the following person cannot be a
(a) Any person having a post of profit or office.
(b) Speaker.
(c) Working Committee of University related Colleges (b) Any person related to any political party. bl ,
(c) Any member of Parliament or Legislanve Assern ) ·
(d) None of the above. ·
(d) All of the above.
 1
- - - - - - - - - - - - - - - - -- - -25~·- _ _ _ ___,A21!!Jll[!!lrQOT[-=.lP'.!_roQJ&~·.!:_P'.C!ra~k~-a!,s:s/.!_/r_lK~.1/l!!:1o~k~-a!!:_/.

/" Objective Questions

(for e:(ercise)
f the Lokpal is -
139. The term o
(a) 5 years- England, we know nothing about Adm' . t .
(b) Life long. 6, "In . ,. This statement is made by _ IDtS rahve law and we wish to know nothin g
(c) ~ _ thcmcmbershipofLokpal ? 14 bout it ·
(d) Upto age of 6- y nccessar) for :) Maitland.
. . um number of persons b) Dicey. .
140. How man)" mt01m ) Lord Denning.
(a) Five persons. ~) None of the above.
(b) Six persons.
(c) four persons. he most significant and outstanding development of tw ti th . h
147. T _ bl nk) en e century 1s t e _
(d) Eight persons. ointed? (Fill ,n the a •
. Loka111kti1 was app
1. In which State first ·
14 J\Ccording to ... .. .... .... ... Admini st rative Law is the Law relating to th e control of
(a) Utw Pradesh.
148 • governroental power.
(b) Rajasthan.
(c) Orissa. a) Wade. .
(d) Maharashtra. . , n in India in 1902? b) K.C. Davis.
. f Ombudsman was gn e c) Jennings.
l42. Bv whom first suggesnon ° d)Maitland.
(ai Justice Pershastri.
(b) Justice H.M . Beg _ . French Administ~ative La~ ?r ...._. ..........._.. is the branch of Law which deals with pow~rs
149 and duties of various admm1strative agencies or .... ........ ... is the branch of Law which
(c) Justice Rane:nath Mtshra-
(d) Justice M.C. Serlwaci deals with powers and duties of various administrative agencies officials.
. t having Ombudsman? (Fill in the blanks).
I 43. Which of the foUo,.ing country is no
(a) England. • Constitutional Law is concerned with the ..... ..... .... ...; whilst Administrative Law is
(b) Canada. 150
concerned with .. ••............ ..
(c) Australia. (Fill in the blanks).
(d) Finland.
144. Establishment of Vigilance Commission was in - 151. One of the basic principles of the English Constitution is the -
(a) 1962. Sardar Swam Sing Commission's Report. a) Doctrine of Separation of Powers.
(b) 1963. Serlwad Commission's Report. b) Equality.
(c) 1964. Santhnam Commission's Report. c) Writ jurisdiction.
(d) 1965, Morarji Commission's Report. d) Rule of Law.
· f I fL h. h Dicey bas aiven in his classic book
145. Who is the author of "New Depotism" ? 152. State three meanings to the doctrme o Ru e o aw w 1c e•
(a) Lord Hewart. "The Law and the Constitution - 1885".
(b) Prof. Robinson. (Answer in Single sentence).
(c) Prof. Wade.
(d) Lord Denning. 153. State the meaning of "Delegatus non potest delegari".
(Answer in Single sentence).
. . ative authority is a necessary postulate of the -
154. The rule against excessive delegation oflegisl
a) Rule of Law.
b) Sovereignty of people.
c) Constitution oflndia.
d) None of the above. . a large scale being
actice of issuing ordmances. on. .
155, The Supreme Court disapproved the pr d f ud on the Const1tunon ID -
. • f powers an a ra
arbitrary and colourable exercise 0
a) In Re Delhi Laws Act case.
 --- 164• ~
Give the meaning of Judicial Review

). ·
Author - Pro. Prakash K. Mokal.

b) Keshavanand Bharati's case. 's case s. "Judicial Revi~w is concerned not with th .
c) Air India vis. Nargesh Mirza · 16 'fhiS statement 1s made by Lord Bri ht e .decision , but with t ..
a) Chief Constable vis. Evans. g man m - he dec1S1on making process".
d) D.C. Wadhwa's case. . . to secure justice or put it negative!
,., tu al Justice ,s C Y
13 to 1
156. "The aim of the rule of ,.a r pounded bY the Supreme ourt of Ind ' Pr~,. b) oelTY vis. Peek .
miscarriage of justice". This has been pro · in fan, 11 c) JIAarbUI)' v/s. M adisan.
~ e- ¾ d) or. Bonham's cas e.
nd
a) Maneka Gandhi vis. Union of I ia. . "The J(ing ~u not be u.nder man, but und
b) A. K. Kraipak vis. Union of India. ,nakeS
166 a) the J(ing • Who said this ? _
Dicey. er God and the Law ' b ecause, .it .is the Law that
c) Tata Cellular Co. case.
d) None of the above.
b) Wade.
157. Give the meaning of 'audi alteram partem' c) Jennings.
(A nswer in single senten~ - d) Bracton.
158. Give the meaning of 'Speaking Order'. , 'fhe most effecti~e form of Parliamenta
(Answer in Sin gle sentence). 167 conducted by Public Corporation is exercised1'i c_ontrol and supervision over the affairs

~
159. Petitions ro the Supreme Court under Article 32 are subject to the Rule of Res-Jud' a) Pubhc Accounts Committee. Y
=~ b) Public Undertakings Committee.
c) Subordinate Legislation Committee.
a) Quo-warranto. d) None of the above.
b) Hebeas Corpus.
c) Certiorari . 168. The recommendations of the Parliamenta c •
a) Binding on Government. ry omm,ttees are -
d) Prohibition.
th
160 . .w~e~ a Writ is issued to an inferior Court or Tribunal on the ground of exce d' b) Advisory in nature.
1unsd1ction or acting contrary to rules of Natural Justice, it is called a Writ of_ e mg e c) Both, a), and b).
a) Certiorari . d) None of the above.
b) Mandamus. 169. Doctrine of Laissez Fair means -
c) Quo-warranlo.
(Answer in Single sentence).
d) Prohibition.
The Writ. of Mandamus can be partly issued to undo what has already been done in
16 1. a~~; t:~~~ ~~ -Tribunal has been recognised by the Constitution under Article_ 170.
contravention of statute.
b) 14 and 19. a) Right.
c) 32 and 226. b)Wrong.
d) None of the above. c) Partly right.
d) None of the above .
162. Tick mark the wrong option _ 1. .... ... ........ . .. ..... .. Committee keeps Parliamentary control on Delegated Legislation.
The
a) following
Elec11on Tribunal. -.
authorities have been held tribunals . . the meaning of Article 227 -
withm 17
a) Estimates Committee.
b) Statutory Arbitrator. b) Public Undertaking Committee.
c) Industrial Tribunal. c) Subordinate Legis lation Committee.
d) Domestic Tribunal. d) None of the a bove .
163. RAssertion
ori g in · (A) .. An Ad mm1s1ra11
. . .vc Tribunal is the crcallon
. of a statute and thus it has a statutor)'

cason (Rl : It has some of the tr . '

a) Both A and R arc true· and R . a';;mgs oflhc Court, but not all
b) Both A and R are true'. but R _is I e correct explanation of A .
c) A is true bul R is fal se'. is not the correct explanation o.f A
d) A 1s fa lse bul R is true. .
 Author - Prot: Prak .
...... _ _ _ _ _ __ _ __ 129,
1
~ . ,,,uc shO Vigi lance Commiss ion.
Auih or - Pro . Prakash K. Mokal.

), 1 c cntrll I = 20.
AdmiJJistrative Law O· ~) ,1,udsman: .
0 11
1,) oroit Ad1111111strat1 ff.
Pl . <Paper c) ooctri nc of lcg1t1111ale expectation.
vniversi-ty :Jr{otfe{QJi!!!!!!!!. d)
c)
Writ of 111andamus._
Doctrine of separation of powers.
0
11)itn so{utionS d the situation iven and answer the uestions An T
3:Rca . wo : = 12.
Q, the Parent Act, the draft notification was required to be . .
h Two sentences:
Q. I : Answer in Not more I an ?
,) vnder in the local langua~e of the State in newspaper havin published m the Offi cial Gazette. as
tus non potest delegarc . \\'en a~rion was issued but rt was not published in the news ag a c_1rculat1on in the area concerned. The
a) What is the meaning of •Delega furt/l cr dele ate '. noufic bove action be challenged?" Expl • P perm the loca l language of the State.
Answer: ii means ·a delegale cannol . can the a am.
1) . Yes. As er the arent Act the ublication of th d fi .
AP 1"'~;,e was a mandatory condition. e ra t In th e news a er in local lano-uaoe
~ flion
e the legal provisions available for the above cas
ii)~ en 1 . . d ti . e.
r . The lega proV1s10ns are e ect m publication wh· h · 1
~red .legislation and thus the notification is invalid ,c v,o ates the procedural control of
~- .
c) What are rnrious ~-pes_of malafides ?_ ~ )· ") Implied or Legal malice (i .e. malice · I The parent Act a~tboris~d th e Deputy Commissioner to prohibit the manufacture of bidis in some
~ i) Express malice 11.e. malice m acl_. u m ~ b) areas during certam perJO~. The o rder was passed by the Dy. Commissioner under the Act. The
titioners challenge the said order.
d) What are the three organs of the state ?
Answer : Legislature. Executive and Judiciarv are the three organs of_the Government. F u ~ i)Explain Article 19 (1) (g) ofthe_<?onstitution oflndi~.
Legislature IO make Jaws: Executive to implement laws: Jud1ciarv to mterpret laws. Answer: Article 19 (I) (g) :--All citizens shall have the nght to practice any profession or to carrv on
~ occupation trade or ~usmess. .
e) Whal is Conditional Legislation ? . li) Explain the substantive ultra-V1res over delegated legislation and examine the validity of the
Answer : Conditional leeisla1ion is defined as a Statute that provides control but specifies that order passed by the Dy. Commissioner.
1hev are 10 go inio effecl onlv when a !riven administrative authority finds the existence of Answer : When a subordinate legislation goes beyond what the delegate is authorised to enact and
condi1ions defined in the statute. exceeds its power conferred on it by the legislature it acts ultra-vires. This is known as 'substantive
ultra-vires'. The order passed by Deputy Commissioner under the Act was ultra-vires inasmuch as
f) Whal is Judicial Review ?
the Act under which it was made violated the fundamental right to carry on anv occupation trade or
Answer : Judicial Review is a coW1 's power to review the actions of other branches of
business guaranteed by Article I 9 (I) (g) of the Constitution.
governmen1. especiallv the coun ·s power to invalidate legislative and executive actions as being
unconstitutional. c) Ajeep was owned and maintained. by the State of 'X' for the official use of the CoUector of a dism ct.
Once the driver of the jeep was bringing it back from the workshop after repair. Due to the negligent
g) Principle of Wednesbury's unreasonableness ?
driving an accident took place. A person was died. Then the widow of that person filed a Sutt for
Answer : The discre1ionarv power conferred on an administrative authority must be exercised in a
compensation against State 'X' and driver of the jeep. . . . ? •
reasonable manner. lf 11 1s not so exercised. there is an abuse of administrative power and th!!!, i) Whether the principle of "The king can do no wrong" will be applicable 10 Ibis case · Explam.
the action becomes unreasonable and will be set aside by the Court.
Answer: No Sovereign function of the state. . ..
h) State differ~nl classifications of public corporation. ii) Which liability is applicable in this case ? Explain the liability.
Answer_ : .' C?mmercial_ co orations: ii Develo ment co orations · iii Social service Answer : There is a vicarious liability.
corporat,ons. and 1v) Financial corporations. d · . . . ent course was unilaterally cancelled by the
) University examination of one subject m the managem 41 centres in which there was a
i) Give Latin maxim for- "No man can b . d . . University as it was established that out of 183 centres, there _w_ere l42 centres are challenging the
Answer: "Nemo Debet Esse Judex in p e JU Sge rn hrs own cause". th
ropna ua Causa" ? queStion paper leak in the subject. The students of e rem.~mmg
j) Prerogative writs can be issued by which court ? N ~ecision of the University on the ground "audi alteram partem · . .
Answer : Prerogative writs like H b C · ame any two writs. I) What is "audi alteram partem" - Expla'.~· _ "no one shall be condemned _unheard" This ,s
Warranto can be issued b a Hi h Ca eas orpus Certiorari Prohibition Answer : The maxim "audi alteram artem means the art of decidin authon . A~cordrn to
nd the nnci le of natural Justice. There must be f~1mess on n before takin an ac11on a amst him.
Article 32 of the Constitution oflndia. ourt u er Article 226 and b the Su
this rinci le reasonable o must be iven to erso
 • 131.
--- Auiltor - l'rof. l'rakaslt K. Mokal.

"Administrative Law"
vNJVERSITY EXAMINATION
~ ~ d Q UESTION PAPER
. e Course
j\ccordmg to Sub'ective u es t·10n p p
Question p a er attern
apers [lj to [6!
flours Marks: 100.
fiOIC: 3

C:
[1]
[April, 2000]
111
'Witli. So{utums
N,B. : (1) Figur~s to the ri~ht indicate fuU marks.
(2) Question No. 10 1s compulsory. Answer any seven que s1·JOns ,rom
• th e remaining.
.

iii) What is Article 299 ? Explain. · · d

Answer: 11 deals wi1h esscnria ls ofGovemmenl contracts makme. execu~ron _an ~uthori . = 1
including
·
n , "Administrative hLaw 1 is the law
· concerning
· •. powers
. and procedures Of Ad mm1strat1ve
. . . Aoenc1es
especially'. t e aw gov_emmg Jud1crnl review of administrative action"" - K.C. Davis. Discus~
iv) Which law nill be applicable to determin e the amount of compensation m this case ?
crilically 1his defimt1on of Adm1mstrat1ve Law. = IJ.
Answer : The Indian Con1rac1Acl. 1872 Secrion 73 and 74.
f) •·X"' died in police cusrody on accounl of wrrure by the police .. The_ deceased's mother filed a suii QJ; What is d~!egated legislation ? ls there any limitation of the Parliament's power of delegation·>
againsl 1he S1aie for compensation. The Stale claimed sovereign 1mmumty and refused lo givi Discuss fully Parhamentary Control over delegated legislation. = 12.
compensa1ion.
i) Is the concept of so1•ereign immunity applicable in the above case ? Give reason. QJ.; "The object underlying the rules of Natural Justice is to prevent miscarriage of jus1icc and secure
Answer : No. ii is nol a licable in !bis case. because. torturine inmates of the rison/ olice cus1odv four play in action-Discuss. = 12.
is nol part of sovereign acl.
ii) What was the ground for ftling a suit ? lid; What are the kinds of procedure followed by the administrative tribunals ? Discuss fully the rule of
Answer: Violation of fundamental rieh1 guaran1eed under Anicle 21 of the Constitution oflndia. fair hearing. =12.
iii) State the rcle1•ant case law.
Answer : Nilavati Behera v/s. Staie ofOrissa. (1993) 3 SCC 746: AIR 1993 SC J 960. ~ "In India, the doctrine of Separation of Powers has not been accorded a constitutional status··. -
fr) What was the judgement in the abo\'e case ? Discuss. = 12.
Answer: Tlie S.C. awarded Rs.1.50.000/-as compensa1ion for violation of fundamental rights. = 12.
Q. 4 : Answer the following (Anv Four) ; =48. ~ State fully the scope of judicial review of administrative action.
a) Examhine fully the nature and scope of Administrative Law and state various reasons f~ = 12.
growl m India. 21: Explain the liability of the Government in Torts for the acts of the Government servants.
= 12.
b) Discuss the doctrine of rule of law wilh releva 1 1 n '· o· W· • force fundamental rights.
c) Define delegated legisla1ion and discu th . n_case aws. ~ iscuss the powers of the Courts to issue various nts to ca
d) Deline the lerm Civil Se • d d. ss e Judicial controls over delegated legislation. 10
Doctrine of Pleasure. rvice an iscuss th e nature of civil service with special reference n9. S publ,·c corporalion. How are the statulory
~ late the kinds and characteristics of a Slatutory = 12.
e) Discuss the principle of Audi Alte p corporations controlled ?
f) Wh · . . . ram anem.
. al _is admrn1stra11ve discretion ? Ex 1 . · of
d1scret1onary powers. · Pam the judicial control over the exercise ~w · short notes on Any Three of the fo llowlllg
.
' rite
(~)) Administrative Discretion.
( Lok Pal.
-- -- (c) Rule against Ba\~dia.
(d) Ombudsman m . . ation.
(c) Public Interest
(f) Maneka Gandhi v s.
u1;s
Union of Jndia.
Author - Pro. Prakasl, Ii: ---
. Atok,t

ever necessary, cite case laws.

133.

[3)
[April, 2002)

'Witli SoCutums
A 11tlror Pro f. Prakaslr K. Mokal.

II
[2]
[A ril, 2001]
,.
N
,ff. :· \\'her SECTION - I
. relationship of administration individual with the St 1
Discuss a e.
g,t . QR
'fi/itft soCuti.onS •nistrative Law bnngs about harmony between Power and J us1ICC
"Adttll
. ,,
- Discuss. = 15.
far delegated legislation is necessary ? Discuss.
I) Question No. JO is compulsofro
ry.m the remaining. ~ J-loW OR
N.B. ( , quesnons
(2) A_nswer any se•_e 0 . d. te full marks. Discuss advantages and disadvantages of Delegated Legislation.
10 the nght m ,ca
(3) Figures . and control of the powers of admini tra.
. . ncemed with the operanon s ltve . cuss the Rule of Law, with reference to the Constitution of India
~ "Administrauve Law JS co "'12, QJl DIS OR . .
authority'• - Discuss. . . . Discuss the principles of Natural Justice. -
· f La , in relation to Admtrustratrve Law. ,,, 12_ = 10.
. •fi ce of the Rule o "
Q1.; Explain the role and stgn• tcan
,. lies not only in cases where powers are exceeded, but also, where Write short notes on Any Three :-
QJ.;. "The Doctrine of Ultra\ ires app .. Ex lain "'12 2..£ a) Order of quasi-judicial authorities must be Speaking Order.
discretion is abused or duty is not fulfill ed · - p · · b) Writ of Habeas Corpus.
. fN J t'ce with reference to -
c) Separation of Powers .
Qd_; Discuss the principles o atura I us , d) Law of Estoppel.
(i) Audi alteram partem, and
(ii) Nemo judex in causa sua. "'ll. e) Necessity of sub-delegation. = 15.
SECTION-II

~ Defi ne "Delegated Legislation". What are the reasons for its ' growth ? = 12. Q,_t Discuss legal status of Public Corporations, the Reserve Bank of lndia and the provisions of Article
311 of the Constitution of India.
Q&: Explain critically the concept ofDroit Administratif. =12. OR
Bring out clearly the difference between the Courts and Tribunals, Tribunals and Administrative
QJ.;_ Discuss and distinguish between Writ Jurisdiction of the Supreme Court of India. and High Courts in Authority, and state how far the principles of Natural Justice apply to Tribunals ? = 15.
the country. = 12.
2:.t Discuss judicial remedies under the Constitution of India.
~ Explain fully the ambit of judicial review of administrative actions. =ll. OR
Discuss the scope of Article 227 of the Constitution of India. = 10.
~ Discuss the liability of the State for a breach of contract and for tort co~mitted by Govemmetil
servants. · = 12.
21.: Discuss the development of Public Interest Litigation and state reasons for its· fast development .
~ Write short notes on Any Two:- ~ ~
(1) Lok Pal. tscuss tortuous liability of the State. - = lO.
(ii) Separation of Powers.
(iii) Statutory Cotporations. Q,_fu Write short notes on Any Three :-
(tv) Maneka Gandhi vis. Union of! d. a) Locus Standi
(v) Ridge vis. Baldwin. n 13 · b) ErrorofLaw:
~) Henry ym
Clause.
) Administrative actions.
e) Right lo engage advocate in Domestic Enquiries. = 15.
f) Prev entton
· of Corruption.
 135. A11thor Pro{. Prakash K. Mokal. l
-----~ [4]
(5)
[April, 2003)
[October, 2002]
'Witli SoCutums
SECT ION- I
. ·1r casr 1a11s).
(N.B.: Whcrcvrr nrcessa r) . c1
~ .
01scuss
reasons fo r the growth of Administrative Law
OR .
. h law covemi ng rcla1ionship bclween lhc S g)j . s the doctrine of separation of power;- = 12.
. crncd 1111h I e • late Discus
Q,_J_; "Adminis1rat1\'C _La 11 is cone ¾J
adminis1ra1ion individual - DiSCUSS- OR "Delegated Legislation is necessary evil" - Discuss.
b . -:;;e about harmony belween Power and JUStice• OR
"A dministrati\'e La11 1s a poicnl "'capon for nngt •
gJ;
"IS. Explain Controls of Delegated Legislation.-
Discuss.
. I)' evil"· - Discuss. iscuss Classification of administrative functions.
~ "Dclcga1cd Lcgislauon 1s ncccssa · OR QJl D OR
. f Deleeated Legislation. "IO. Discuss principles of Natural Justice. -
Discuss advantages and d1sad\'an1ages O -

Q,_1; Discuss the Ruic of La\\ . ,11th reference to thi ;onstirution oflndia. Write short notes on Any Two :-
2:.£ a) Conditional Legislation.
"10. b) Rule of Law.
Discuss the principles of Nawral Jusuce.
c) In re Delhi Laws Act.
Q,_t_ Write shon notes on Any Three .• d) Ridge vis. Baldwin.
(a) Speaking Order. (b) Writ of Mandamus. (c) Separation of Powers. (d) Locus Standi. (e) Su~
delegation. " ll. SECTION-II

-. ~
SECTION- II

(a) Whal is legal sta1us of Public Corporation ?

Q,.t Discuss Characteristics of Administrative Tribunals.
OR
Distinguish between writ of Prohibition and writ of Certiorari.
= 12.

(b) ls Reserve Bank oflnd1a the Public Corporation?

(c) Can employees of Public Corporation gel the benefits of Article 311 of the Constitution of
2:_k Is State liable in torts ? Discuss with the help of decided cases.
India. which affords protection to Civil Servants ? OR = 12.
OR
(a) How Tribunals are different from Couns? Discuss liability of State in Contract.
(b) How quasi-judicial powers are different from judicial powers?
(c) Whether the principles of Natural Justice apply loTribunal s? =15, 2:.1; Discuss Contro l of Adm inistrative Discretion.
OR = 12.
~ Whal arc the different remedies available 10 aggr·1eved c111zen
.. ? . · d" · nderArticle 136.
Discuss Supreme Courts Juns 1ctt0n u
o· M .
iscuss the scope of Anicle 227 of the Cons1i1u1ion-;JJnd.ta.
2:..fu Write short notes on Any Two
Q2 What is Public Interest Litigation? Explain th . .. (a) Lokayukta.
e app 1icab,hty of Locus Standi in PIL. = 14.
(b) Official Bias.
Explain the Contractual liability of the State. OR (c) Reserve Bank of Indi a.
(d) Public Interest Litigation.
Write shon notes on Any Three:-
(a) Prevention of Corruption (b) E
•
Tr,"buna Js. (d) Administrative ·
Direct· rror Hof Law apparent on the face of record .
ions. enry VIJI Clause.
 "Administrative Law"
137.

UNIVERSITY EXAMINATION QUESTION PAPER

A uthor - Prof. Pra kash K. Moka l.

l
[A ril, zo04J
- ~ea course
Jr AJJ:tft
'VI"
sofutionS
c answer book
According to Ob· ective
Question Papers [71 to [131
uestion Pa er Pattern
musr be wnucn '" 1hr sarn
N.B. Answers to boll' Scc110ns I . )-lours Ma rks : 100 .
f irJlC, 3
1
~

• e Law State the reasons for it

f the Adminis1ra11v . s gro"lh ~

C:
·xa,ninc folly the nature and scope o
E
Q,J__;
India. .OR India. [7)
. e to the Cons11rut1on of [April, 2005]
r
Discuss !lie rule of law w,lh cferenc d atcd legislation is exercised? 111
s bl' which control on eIeg
Q£ Whal are the different meth od · QE _
f delegated legislanon. ~ I• 'Witli So{utions
Discuss the adv:rn1ages and d1sad\•antages o ... "-
E . lain fully with the help of decided cases, the lllle a . SECTION _:_ I <Marks 40) :
.Q,__1; State the principles of 'atural JuSt1Ce. xp &atnst
bins. OR
Q. I : 40 Objective Questions Not included.
. • t' ·e acrio;;-and the judicial control exercised over them ~ ,
Discuss tJ1e different classes of adm1mstra n . 1"
SECTION - II <Marks 60) :
2:...:!; Write short notes on Any Two :-
Subjective Questions
a) Droit Adminisrranff:
b) Docrrine of separation of power.;:
c) Administrative Process: Q. II: Answer Any Two of the following : = 20.
d) Locus standi. = 14.
SECTI01' -II a) Explain :
a) Need and obj ect of study of Administrative Law.
.Q,J; What is an adminis1rntil'e tribunal O Discuss the characteristics of an administrative tribunal. b) "Droit Administratift'' .
OR b) Discuss:
Discuss the power.; of the High Couru and the Supreme Court to issue various Writs. = 12.
a) "Rule of law".
2:..§; Discuss the liability of the Stale for breach of coao-act. b) "Doctrine of Separation of Powers".
. OR c) Examine :
Discuss rJ1e privileoes &immunities of the S · th- a) The maxim "King can do wrong" has never been accepted in India".
~ !ale in e modern set-up of administrative law in India. =12.
b) Judicial control of delegated legislation.
Q.1;_ Discuss the control of admirnstraiive discretion .
Q, III : Write short notes on Any Four of the following : = 20.
Discuss tJ,e liability of stattllory public co . QB
rporat,oas und er th e Indian administrative system. "Il- i. Nature and organisation of Civi l Services.
Q,_!;_ Write short notes on Any Two ._ ii. Audi alteram partem. _.. . f Certiorari
(a) Lokayukta. · iii. Difference between Writ of Prohtb1t10n and Wnt O ·
(b) Right ro lnfonna1ion. iv. Public Interest Litigation.
(c) Special Leave Petition. v. Legislative Control.
(d) Official Bias. vi. Doctrine of Legitimate expectation.
Q, IV• An . . = 20.
· _,swer Any Two of th e followmg • . . .
I) . e b the Central Government m the exercise of its
The dnrgs (Price Contro l) Order, 1979 was m,,d Y d't'es Act 1955 . The Centrnl Government
11
Powers under Sec tio n 3 (2) (c) of the Essential Commo •
 - JJS.
Author- Pro . Praka.,.1,
.
·in, 1he rnaximurn. prrccs ~t which lhc
'Atok
O(
..........
I(

f rhe order fix 1d by 111 annfacturcr. Tl11 s Notilic r Va~ 01

. . n under para 3 o ,s could be so f fai lure to observe the principle a;?'' ,,.,,'
issued No11fica11~11facrurcd bulk d~~n rhe ground o c111c Court agai nst the order o~ Na1u,a'1
O
IJ(liC
,c1cvan 1
1
,
An , Two ucst,ons :-
11 : AIIC 111 1 1•s delegated legislati on ?
139.
Jcgal provi sions and case laws wherever necessa ry
. .
A 111/ror - Pro . Prakas/r K. Moka/_

= 20.
= 3.
3
,n• d·gcnously
I
nia . H·gh Co""ppealcd 10 rhc supr
b)' rhc Dellu I (, 11,e SuprclllC Court to dctcnnine ii the I·lig) O· I) (b)
(a) Wh 1-111 1,econstitutionalityofdelegationwithrefcrcncetoth I d.
EXP 1a e ca 1ngcase 1aws . = 7.
struck ,do;t Ccnrral Govc111men~ a ome necessaQ' or pply IO a legislati ve function . le i1a1u,
J11s11cc. ,c . I I36. Thus. JI cc . (cc docs nol a ' . administrative discretion ? Exp lain judicial control O ver lh e exercise
• o f d.1sc ret1onary
·
Court under Artie ~uncrion. for na111ral_1us , Z) what ,s
= 10.
ofrhc pncc fixmg . tions : . ·n? . •
Answer the foll_ow1n~ ~u~sis the lcgislat_ivc f~HlC~~ ply 10 3 /eg isln!1 vc. funcl1 0 11 ?
110wers.
a) Whe1herpnce fixa110 f ,rural jus11cc 11 oul p ·srrative funcrron ? Whal is nemo inde~ sua causa ? = 2.
h rinc,ple o n . d adnuJ!J . 3) (a) Explain personal bias and pecuniary bias.
b) Whether r_e p . b veen legislalll'e an . ference IO subject matter. = 6.
c) What is dJS1Jnc11on e~ f Article i 36 110th re (b) W!Jat are the objects of thi s rule ? = 2.
. . brief the scope o (c)
d) Expla1n '" . Acl I882. a Watch Com mittee has
. . Corporauon · . fi Powe,
. (4) of the Mumc,pa1 . • his duties or ot11erw1se un 1t for the s lo . Write short notes on Any Four. Do not exceed 10 sentences. 20.
2) Under Scc11on 191 . h nks ned1genl m . rt . arne 'A•
. . constable to whom ,1 I , • - ~houl givine !um an oppo u111ty of being h . Q. IJ[. ---L
~Jative control over delegated legislation.
d,sm,s_s any \\I h Commmec w,
3I
- - card o Segvereign - Non soveretgn
'fu '
ncttons.
was dismissed by th e c . . . ? ·
Examine - , , what grounds 'A' can challenge hrs d1sm1ssal .
a) What the rights of A and on . - lies in this case ?
b) Which principle of Natural Jusuce app t1U •I)' of being heard is given to him ?
!I
Z) O~jections to Dicean Rule of Law.
Judicial review of proclamatton of emergency.
S) l(raipak vis. VOL
c) Whether 'A ' can be d15 missed afte'.oppo n~ with above facts?
d) Which is the 'landmarkjudgement connecte Q JV: Read the situation given and answer the guestions which follow.
The rovisions of the Bombay Dcvdasi Protection Act, 1934 were_ e_xtended to five new districts in · Attempt Any Two :_ = 20.
3) the lia1e with eJTect from 10th April. 1958. By virtue of the provmons ofth1s Act,_ a woman Who
I) University ':xamination ~f one subject in the management course was unilaterally cancelled by the
was Devdasi in these new areas on 10.4.1958. is allowed to retain her property nght. However,
rule made by the Stale Government dated 5th may, I959 provided t_hat only a woman who was University as 1t was establtshed that, out of 183 centres there were 41 centres in which there was a
Devdasi on 19th December. 1957. was entitled to the pnv1leges. TIJJS mean s that a woman who question pape~ leak in the subje~t. The students of the remaining 142 centres are challenging the decision
became a Devdasi between 19th December. 1957 and 10th April, 1958 could not claim the of the University on the ground audt alteram partem'.
privileges under the Act, although the Act itself granted the privileges. a) What is audi alteram partem ? Explain_
Answer the following questions: Answer : The maxim "Audi alteram partem" means "No one shall be condemned unheard". i. e.
a) Whether rule made by the State Government is valid ? There must be fairness on the part of the deciding authority. According to this principle. reasonable
b) On what ground it can be challenged in the Court of law ? opportunity must be given to a person before taking any action against him.
c) Can the rules be enacted 10 make the provisions of the Act retrospecti ve ? b) Will the principle be applicable in this case ?
d) Examme the validity of the rules. Answer : Yes the principle will not be applicable in this case.
c) Is there an express constitutional incorporation of the principle as a general rule for
administrative authorities ?
Answer : Article 311 of the Constitution of India provides for Audi alteram partem.
181 d) How has the judiciary imposed audi alteram partem on the
[November, 2005J administrative authorities ?
Answer: By strictly adhering to the principles of Notice Fair Hearing and Sufficient Opportuni tv.
e) Which is the constitutional provision which provides for 'audi alteram partem' ? Explain.
'Wit.i Sofutums Answer : Article 311 of the Constitution of India provides for Audi alteram partem.
2) Siar India and Company is a Government company. It enters into contract with Rajbahadur Shah for
SECTION - I /Marks 4Ql_:_ th e supply of bricks. Although the supply was made and the Company utilised the lot, it did not pay the
Q. I: 40 Obiective Questions N I .
o rnclu~ Pnce. Rajbahadur intends to recover the money.
a) What do you understand by Government Company ? . _
A!!.twer : When the Government company is floated under the Compa111es Act, 19)6, where
Government holding is 51 % under the Companies Act, 1956_1s satd t~ b~ the Government Company.
b) Will Star and India Company success if it invokes Article 299 . Gt_ve reasons. .
~ r : No because Article 299 is applicable to Government Compames - D1stmct personality.
 140 _
......
Author - Prot;J2gl.f!S!!_JS.~...At-.

• ? Ex lain. kin _ Executio n - Aulh? ri t _- '¾ Sal mond.

141.
c) iVhat is Artlde 299 . ve~ment contrac:s . Ma amount of compensation in this case'> b) M·~o"n•tccssauU'-".!!.cicu. Aufl,or - Pro. Prakusl, K. Moka/,
Answer: Essenuals of Go. ble to determine the 74 . c)~
d) Which law will be apphca _ Sections 73 and · d) AUSIIIJ.
d . Contract Act. 1872 ,
Answer: In ,an police. The deceased s m o ther fiJ , , developed h_i s theory of'Rule of Law• in the book_
f t rture by tI,e . . , Cd 6_p;cc) 'Esp int Des Lois.
3) " X" died in a police. custod)' on. account
The oState o cla1me
. d sovereign n11mun1ty a nd ref1Jsed toa g1 s_U
,-.i1 a) •Tl . Rule of Law.
S r. compensatwn. '
agains t the tate or . the above case ? Give reasons b) •Tl::
Law and the Constitution.
compensation. . n immunitv applicable '" overei act and the refore· ~\~Province of Law Detennined'.
i) Is the concept of sovere1g . . . ·s not a art of the s no i1111nun ·1
Answer : No because tortunn e inmates '
. men are ruled by the Law, and by the Law alone · a . .
can be claimed . ·1 ? • · fJ · 7
•English be punished for nothing else". This st t ' man With us may be puni shed for a breach
ii) What was t h e ground dfor tiling
enta/ right . 1e 2 1 of the Const1tut1on o nd, a .
su, ·under Artie of. L"'v' but can .
) Montesquem. a ement pronounced by ..·
Answer : V1olat1on of fun am
~) Sir Edward Coke.
"') State the relevant case law. . ( 3 sec 746: ArR 1993 SC 1960. c) Lord Denmng.
ru / State ofOnssa . 19931
Answer: Nilava ti Behera vs. . bove case? .
th d) Dicey.
• ) What was the Judgement m ea
,'.;nswer : The S.C. awarded Rs. 1.50.000/- as compe
nsation for violatJon of fundamental r.i&ht.
rinciple of droit administratiff is -
8. The~) two sets of Courts and two types of Law.

J
b) Supremacy of Law.
[91 c) Equality before Law.
[April, 2006] d) Above all.

9."Etema I Vl·g,·lance is a price of liberty, and not a particular principle or doctrine of Law". This statement
U'it/i, Sofutums made by·
a) Maitland.
N.B.
m~::ae; • If('
f:r:,a:elc~//~c~e~::t;; ::r:/~;st ;;u~ I d. gone sentence answer).
~~the examination.
b) Prof. Harold Laski.
c) J. Khanna.
d) M.P. Jain .
SECTION I (Marks 40) :
JO. The legislative House of the America is named as·
Q.I: . a) Cenate.
. Administrative Law has rapidly grown and developed m ·
b) Parliament.
a) 17th Century.
b) 18th Century. b) Congress. .
c) 19th Century. d) House of Representatives.
d) 20th Century. JI. The judicial functions performed by a d mmis
. . trative authority is called .
a) Quasi-Judicial functions.
2. What is the primary object of Administrative Law (answer in one sentence).
b) Judicial functions. .
Answer: To control over the administrative au thorities.
c) Quasi-Administrative funcll?ns .
J. Write the definition of Administrative Law given by Ivor Jennings (Answer in one sentence\ the d) Purely Administrative functions. . sentence answer).
Answer : Administrative law is the law relating to the administration. It detenmne ~ . . Of pu redjudicial
or anisation. owers and duties of the administrative authorities. 12. Enumerate the four requisites ' te zfunctions
If the d,s(One_
ute is a uestion tof evidence adduced b
A decision.
Answer: I .The resenta t ion . of the 1stion
u of
· submission
· o f Ieeal argumen · 4·
I. Administrative Law is the separate branch oflaw relating to the subject of - the parties. 3. If the dispute is the gues .
a) Law of crimes.
b) Jurisprudence. · ton
IJ. An order of setting up a commtsS · of inquiry is ·
c) Environmental Law. a) Legislative action.
d) Constitutional Law. b) Judicial action.
c) Administrative action .
"be idea separation of power is credited to. d) Quasi-judicial action. _
a) Dicey. 14 . aLithorities called
•The orders of delegated legislattve
 .......--- ......
Author - Pro. Prak
ast, I(
• ~101.
' Q( ~ ~ Auil,or - ProG Prakash K. Mokal.
a)
a) Secondary autl1ori1Y: f the followin g is not the characteri sti c f h .
b) Subordinate lcg1slat1on. Which O ht of prohibition is availab le agai~st 1: dt e _tnbunal ?
l 6· a) RJg • ·b I e ec1s1on of d · .
c) Child legislat1on. • Administrative tn una S are not subject to an ad .. a m1mstrative tribunals.
b) T •bunals are bound b stnct rules of evict y mmistrallve interference
d) Above al l. •) fl f ence and nrnced,,••· ·
legarc" means. c The decision of most o the tribunals are judicial ~
15. "Delegatus non potest dc " d) . rath er than administrative
(Answer in one sentence). . nnot further dele ate . c ommittee was a_ppomted to study . ·
d authont ' ca d
Answer: "A deIeeaIc . t'on is also calle as· z7. fra~ M!Jli!!istrat1_ve tnbuna_ls.
. le under delegated leg1s1a I ) Administrative d1scretton.
16. The removal of difficulties ru b) .I .
a) Re Delhi Laws Act. c) Delegated leg1s ation.
b) Henry Vlll clause. d) corruption.
c) Rex non pot est peccarc. . •stic basis of judicial review is -
d) Delegatus non potest delegare. .
~ . ·udicial decision which is considered the Bible of d JS, Thei;~octrine of ultra-vires.
17. Re Delhi Laws Act case is th e J elega~ ~) Jndependence of judiciary.
legislation in India. (Fill in th e blank). c) Parliamentary so~ere1gnty.
d) Administrattve d1scre1Ion.
ts Sub-delegation is the conditional legislation.
· a) rn';'e. b) False. _The review jurisdiction of the High Court is based on which Article of the Constitution of India?
29
19. Ultra vires act means beyond power. (Fill in th e blank). a) Art. 222.
b) Art. 32.
20. Air India vis. Nargesh Mirza, this case is relating to· c) Art. 226.
a) Malafide intention of delegated authonty. . d) Art. 228.
b) Unreasonable and arbitrarv rule of delegated authonty.
c) Sub-delegation of delegated authority. JO. The Higb Court can exercise power of judicial review on the following grounds - I) lllegal ity; 2)
d) Exclusion of judicial review. Unreasonableness; 3) Irrationality; 4) Procedural impropriety.
a) True. b) False.
21. "Doctrine of pleasure" is incorporated in which of the following provision of the Indian Constitution?
31. Which is the case known as Habeas Corpus Case?

--
a) Art. 309.
b)Art. 311. Answer : A.D.M. Jabalpur v/s. Shivkant Shukla.
c) Art. 310.
d) Art. 300A. 32. "Prevention is better than cure" is underlying principle of..... Writ.
a) Mandamus.
22. Give Latin maxim for this statement - "No person must he a judge in his own cause or the b) Quo-warranto.
deciding authority must be impartial and without bias". (Answer in one sentence). c) Certiorari.
Answer : "Nemo debet esse juda in propria causa". d) Prohibition.
.I f the Constirutioo for enforcement of
23. Which of the following State was the first to pass the Right to Infonnation Act ? 33. The Supreme Court can exercise power under Art1c e 32 0
a) Onssa.
fundamental rights and for other purposes.
b) Maharashtra.
c) Uttar Pradesh. a) Correct. b) Incorrect.
d) Kamataka. 34· "Locus - Standi" stands for -
24. In which of the following case the Su r C dure a) Laches.
which is just, fair and ' p eme ourt of India, first time evaluated a law proce ' b) Lack of standing.
reasonable ? c) Right to pursue legal action.
a) Maneka Gandhi vis. Union of India d) PIL.
b) Ruda! Shah vis. State ofBihar. · 35 Th . · ns is exercised by ·
· e legislative control over public corporauo ·
c) Bhim Singh vis. State of Jammu & Kashrn·
d) A.D.M. Jabalpur vis. Shivkant Shukla. ir. a) Prime Minister. . re
h) Committee of Parliament or State Legislat!!.-,
25. An administrative tribunal has a statuto ry ongm.
.. c) Speaker of Lok Sabha or State Legislarure.
 d ) Suprem e Court .
r. French le al s stem - Mea .
APs,vc . n1n - Two sets of
kpaI/Lokaukta. couns
36. A publi c corporation is - . . fthe Constituti on .
a) a state within the meanmg of Artie 1e 12
0 1.,0 er: Introductio n - Suggesti ons ~ h
~ . or t c improvement oft
b) a Limited Company. . bility of statutory Pubhc Corporation he 1nst11uuon _ Lok .
c) a Partn ership Firm. 6. 1.,ia r . Contractual, Tortuous and Cr · pal s powers
d) a Department of Government. ~ im1naJ liabil ity.
37. Under Sectio n .. of the Ci,~1 Procedure Code. 1980, a Notice is issued to the Governrn d the situation iven and answer the
9
ent or
publi c a uthority. Q·1V: l{e
Arte 01
t Anv Two
a) S. 40.
star India and Company is a Government company It e . = 20.
b) S . 50.
[or the supply_ of bncks. Although the supply was ~ aden~:s mto contract wi1h Rajbahadur Shah
c) S. 64.
not pay the pnce. RaJbahadur mtends to recover the rnone d the Company utilised lhe lot. it did
d) S. 80.
a) What do you understand by Government Company i'
38. The Crown Proceedi ng Act was passed in the year - Answer: Ent1 float?d under the Com anies Act. 1956 _where
a) 1947. b) Will Star and India Company success if it invokes Arti Government holdino is 51%.
b ) 1963. A swer: No. Article 299 is applicable to Government C cIe_z99 ? Gi_ve reasons.
~ s Article 299 ? Explain. ornpames - Distinct personalitv.
c) 1932.
d ) 1950. ~oswer : Essentials of Government contracts _ Making _ E .
d)Which law will be applicable to determine the amoun:e;rion - Auth~ritv_-
39. The ins tituti on of Ombudsman was originated in - Al!.SWer : Indian Contract Act 1872 - Sections 73 and 74 _ compensa!Jon m this case ?
a) Eng land.
b) America . l. The parents Act authorised the Deputy Commissioner to prohibit the manufacture of bidis in
c) Sweden . some areas during certam penod. The order passed by the Dy. Commissioner under the Act The
d ) France. petitioner challenges the said order.
a) Examine the validity of the order passed by the Dy. Commissioner.
40. O mbudsman has access to Government Department's file for the purpose to investigate the Answer : Order is unconstitutional because parent Act was unconstitutional.
a llegation of mal-admini strati on. b) Explain Article 19 (1) (9) of the Constitution oflndia.
a) Yes. b) No. Answer : Freedom of right to cany any occupation business or profession.
SECTION - II (Marks 60) : c) Explain the substantive ultra vires over delegated legislation. . . .
iiii •
Answer : When a subordinate legislation goes beyond what the delegate is authonsed to enact "
Q . II : Answer Any Two of the following: =20. is known as substantive ultra vi res.
I. Define Adm ini strati ve Law and discuss the various reasons fo r its growth. d) Cite relevant case.
2. Di scuss th e compositi on, functi ons and importance of the Union Publi c Service Commission. Answer: Chintamanrao vis. State ofM.P.
3. C riti ca ll y di scuss the Doctrine of 'Rule of Law' .
4. Define delegated legi slati on and expl ain its constitutionality.

Q. HI: Write short notes on Any Four of the following:

I . General features of the Civil Service in India.
Answer . : i) Professiona_li ~e_d servi ce; _ii) Hierarchical pattern of organi sation;_ _iii ) Perman•;;
tenure; rv) no n respons1b1hty to leg1slature; v) Not committed to any poht1cal party,
Adjudicative autho rity; vi i) Responsible to political executi ve; vii i) Expansion of di screuonal)'
powers.
2. Audi alteram partcm .
~ Meaning - Natural Justi ce principles in short - Maneka Gandhi's Case.
3. S overeign - non Sovereign functions.
~ Relevant case laws - Vidyavati's case - Kasturilal's case.
4. Droll Administratiff.
....-
John Lock. Author - Pro. Prakash K. Mokal.
a) Edward Coke.
!·_ ,d
b)
c)~
Den!!!!!&
d) Wade.
Strict separation of powers is a theoretical absu rdi ty and .
9. a ) ~ practical impossibility.
. itself (i ncluding one sentence an swer). b) 1ncorrect.
N.B. (I) Answer Section l 111 the qucS
tion Pa~ erfFirst Hour of the examina ti o n .
(2) Section I wi ll be coll ected at the en ° The disciplina_ry pro~eeding against student is _
tO- a) Administrative action.
SECTION J (Marks 40) : b) Judicial _action:
c) LegislatJv~ action:
Q . I : }T}JiceJ:kLJIL!!h!£eJC~o!_!r!!rCs'.fC:!_t~a!!,nS!_!l\!:l'C'.!:r.. :.:_ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _~ d) Q!!_a5i-jud1crnl action.
I . Administrative Law is the part of - JI. An order of setting up a commission of inquiry is -
a) Sta tutory Law. a) Legislative ~ctlon ..
b) Customary Law . b) Administrative action.
c) Natural Law. c) Judicial a~tton. .
d) Public Law. d) Quasi-jud1c1al action.
2. Writ e the definition of Admi nistrative law given by Wade. (Answer in one sentence)
Answer: "Admini strative Law is the law relating to the contro l of governmental p ower. 12 _ The legislative organ of the Government is bound by the principle of Natural Justice.
a)True.
3. " In England. we know nothing of Administrative Law, and we wish to know nothing about it". b)~
T hi s statement had pronounced by - !3. What is conditional legislation ? (answer in one sentence)
a) Maitland. Answer : The legislation which is to bring the Act into operation on fulfilment of certain
b) Robson . conditions or contingencies is called conditional legislation.
c) Dicey.
d) Lord Donoughmore. 14. "The delegated legislation is an expression, which covers a multitude of confusion. It is an excuse

-- 4. "Co un seil d' Etal'· is the name of -

a) Common Law Court.
b) American Civi l Court.
of the legislators, a shield for the administrators and a provocation to the constitutional jurist".
This statement is made by -
a) J. Edward Coke.
b) J. Mukharjee.
c) French Civil and Criminal Court. c) M.P. Jain .
d) French Adm ini strati ve Court . d) J. Bhagwati.
5. Who is supreme and sovereign in England ? 15. "Delegatus Non Potest Delegare" means -
a) Engl ish Con sti tution.
a) The King can do no wrong.
b) English Parliament.
b) A delegate cannot further delegate.
c) Executi ve organ of the Government.
c) No man can be condemned unheard.
d) English Judiciary.
d) Public welfare is the highest law .
6. Write lhr~e principles of doctrine of 'Rule of Law'. (Answer in one sentence) l6. Parliament can de legate to the executive -
Answer : 1) Supremac y of law· iil Equali ty before law · iii) Predominan ce of le ga l s p irit. a) only legis lative powers.
7. The system of "Droit Admi nistratif' put into practice b _ b) only non-essential legis lative powers.lative powers.
a) Wade. y c) both, essential and non-essential legis
b) John Bodin. d) none of these. . statute is unconstitutional, then the
c) Napoleon Bonaparte. 17· Under Delegated Legislatio n, if the paren t Act or enabling
d) King Louis 14'"
delegated legislation is -
8. . "0 w·E ng J"J
rs 1 L aw does not allow a Pubhc
· Officer to h It b h . d d - dmin1strat
. r •· The51 a) ill§.o unconstitutional.
a re the words of - s e er e 111 a ro, 1 a b) Valid and intra-vires.
 149.
c) partly bncl nnd partly valid. )lcJation between C_ouncil of Mini sters and the . Aut/1or - Pro. Prukasl, K. Mokul.
a) tion between c1t1zcns and the ad . . . King.
cl) none of the above. . _ laid down was laid down by th e Sup . b) )le 1a . . 1 rn1n1 strat,vc . h
)lclation between peop c and Parliament. aut orities
. - d ~legation wns t cn1c C c) N nc of the above.
18. Th~ prohibition of excessive c %~ d) o
Indi a, ,n - . f I dia 111
a) Mancka Gandhi vis. Union ° 11 ' · conditional legi slati on is open to the. c1 · .
)7 , Thc Ju tc1aJ rev iew
b) Re Delhi Laws Act Case: o) rruc. ·
c) Air India vis. Nargesh m, rza. b)~
d) Chintamanrao vis. State of M.P.
What is the doctrine of Promissory Estop ?
in which of the following prov ision of the 1
19 . .. Doctrine of Pleasure.. is incorporated )8, Answer : A erson who b some statement;r . (answer in one se ntence)
Constitution ? Indian · el iance on the t th f · re resentation Of [
detriment ID r ru o tt is not allo d act causes another h.
a) Art. 309. . . we to den it later even th u , . . Io act to is
Public corporation can be puni shed for criminal b O h 1t 1s wron .
b) Art. 311. 19· a) imprisonment of its official.
c) JJJL acts Y-
d) Art. 300A . b} ~
c) both, a), and b ).
20. In whi ch of the fo llowing contexts, the decision in Maneka Gandhi is important in Administrative
Law? 30 commission of Enquiry can prosecute the person guilty. h . .
a) Rule of Evidence. · a) True. m t e mqu,ry.
b) Separation of Powers. b) False.
c) Delegated Legislation.
d) Right ofHearine. 31. Lokpal can investigate into the administrative action of _
a) State Government.
2 I. What is pecuniary bias ? (answer in one sentence) b}Central Government.
Answer : When the Judee has a pecuniary interest in the sub ject-matter of the liti gation before c) Both, a), and b ).
him. ----=
32. Which Writ is issued by a High Court to examine the validity of hold. bl° ffi b
22. The principle of Natural Justice is derived largely from - person ? mg a pu 1c o ice y a
a) Legislation. a) Writ of Certiorari.
b) Common Law. b) Writ of Prohibition.
c) Judge-made Law.
c) Writ of Mandamus.
d) Customs.
d) Writ ofOuo-Warranto.
23. The object of Central Vigilance Commission is to check corruption amongst -
a) Government servants. 33. Which one of the following is most valid ground for the issue of Writ of Mandamus?
b) Public. a) Excess of jurisdiction .
c) Members of Legislati ve Assembly. b) Disregard of rules of natural justice.
d) Ministers. c) Error of law apparent on the face of the record.
d) Failure to perform the duty imposed by law.
24. A Tribunal is invested with powe s Of · d -
a) a Court with limited authority. r JU rcia1nature under a statute. A Tribuna l is - 34. In which of the following case the Writ of Hebeas Corpus was held to be suspended ?
b) a Court. a) Maneka Gandhi v/s. Union of India.
c) nevertheless not a Court. b) Makhan Singh v/s. State of Punjab.
d) none of the above. c) Rarn Manohar Lohia v/s. State of Bihar.
25. d) lLD.M. Jablpur vis. Shivkant Shukla.
What ground of judicial review of delegated I . I . .
a) Doctrine of abdication. egis atJon 1s - 35 W . . ration (answer in one sentence).
· rite the different classifications of Pubhc Corpo t Co oration. iii Social Service
b) Doctrine of uitra-vires. Answer : i Commerc ial Co oration. ii Deve IO men '
c) Doctrine of deiegatus non palest deiegare ~ration and iv) Financial Corporation.
d) Doctrine of pith and substance. · 36 . tr nsparency in Government.
· ··-------------------- is the central law in lnd ta to ensure a
26. In England, the Franks Committee
~ : The Right to Information Act
report was on th ~ 0 II .
e • owmg subjects -
 . A utl,or - Pr
1111 150
Jain the Jrinci Jic of Vicarious Li ab 1·i-11
2JP ' tractual Liab ilit o f the Govcrninc
),,Cull · bT ftl G
~ urtuous Lia J it o ic ovc rnincnt.
nt.

~
. . .. n be claimed y 1c corporation. ~ s "Ruic of Law" with reference
38. The doctrine of "Crown Pnvilege ca pJscus ·
d) AOS~ 1
a) True. ~can~
b) False.
-- . . T ·bunal from continuing a legal proceedi .
~ D~
39. The Writ wh ich forbid the mfenor n_ alied ng 1"llhou 1 ~
excess of jurisdiction or contrary to law. is c - Or 10 ~~--
~ edom•;inn•annccee
p off lleeizgaa l :spmt.
o
a) Writ of Mandamus. ~ f L a w an d l nd 1an ' C onstitut1on
. · {Art. 2U
b) Writ of Certiorari. ~
c) Writ of Prohibition. ~ a w : A.D.M. Jabalpur vis. Shnkant Shukla.
d) Writ ofQuo-Warranto.
. Write short notes on An Fo_ur of the follomn :
40. Give full form of U.P.S.C. Q.111 • ) Difference between English Administrative Law a d I d. 20.
Answer: Union Public Senice Commission. a d. f n n ian Admini stra . L
b) Meaning an 1mp?i:t3n_c~ o Separation of Powers. nve aw
c) Judicial and Quas1-Jud1c1al ~ctions.
SECTIO1'" ll (Marks 60) : d) Liability of Pub he Corporations.
e) "Salus popu~i est suprema lex".
Q. D: Answer An,• Two of the foU011ing : 0 Judicial Review.
a) Define the term "Civil Senice~ and e:i:amine its characteristics. QIV: Read the situation given and answer the questions which follow.
Answer: · Attempt Any Two : 20.
I l Definition of 'Civil Sm•ice ·.
I. Under the relevant Act and the Rules, the Minister was empowered 10 hear the parties ond [ O pa,,
2) Chara_c1eri~tics of Civil Sen~ce_ - il professionalized service~ . . i_il hierarchial pattern of
the final order, but he delegated his function of hearing to his Secretary. who heard the pame, llld
oreamsat1on. 111 ) permanent tenure. II") anonvm.nv and non-responsibility to legislature v) non-
put up a note before the Minister for final decision, and the order was passed b~ the \l m1s1er The
partisan or non_-co1T1I111ned to anv poli_tical partv. vi) adjudicative authority. vii) responsible 10
poiit1cal executive. 1~11) expansion of discretionarv power. etc. bearing proceeding and the order was challenged before the Court.
a) Explain the principle of "Speaking Order". _ . ._ _
Answer : The person who heard he must decide and 0 ive decmon with reason.,,.
b) Define "Delegated Legislation" and discuss the judicial controls over delegated legislation.
Answer: a) Can the judicial power be sub-delegated ?
A ) ~ of Deleeated Leeislation. Answer: No. Judicial power canno~ be_sub-~elegated. . . . e .,
B) Judicial Control : h) Whether the principle of natural Justice will be applicable m tbJS cas_ ·
Substantive Ultra-vires Answer : Yes. The third principle of natural Justice 1s vtolated m this case.
i) Where D.L. is inconsistent with parent Act: c) Cite the relevant Case Law. R d T -w rt Corooraaoo.
ii) Where D.L. is unconstitutional. Answer : Gullapalli Na geshwara Rao vis. A. P. State oa rans _
iii) Where parent Act is unconstitutional. f ·x·
for the ofticial use of the Colle~tor ot J
iv) Unreasonableness. l. A jeep was owned and maintained by the S~ate _0 k from the workshop after repair ~ue IO -th e
v) Mala fide. district. Once the driver of the jeep was bnngmg 11 bac _ d. d The \\i dow of that person ttk<l 3 ,un
. k I A peison was ie .
vi) ~ation. neg I1geat driving, an accident too · _P ~ce. e driver of the jeep.
vii) Retrospective effect. for compensation aga inst the State_ X ~nd th •)
Cite relevant Case Law. a) Which liability is applicable 111 this case ·
Procedural Ultra-vires Answer : Vicarious Liabilit.Y. ·on is liabk: For the act of
Notice. h) Explain the liability. b 01ie erson anoth er er,; 1- i·able
A · c. J ct done \ rinc1 <l 1s 1 ·
Consultation. nswer : For the wron ,u a . ient the 111aster or r ble in this case'!
servan t or a ent in co urse of thei r em 1O\
11
·rong'' will be 8 PP ica
c) The maxim, "King can do 00 wron ,, h c) w •··Ki can do no"
Answer: g as never been accepted in India. Discuss. hether the principle ol ng
Answer: No
J) Explain the maxim.
d) Cite the rele~ant case.
 - ,sz.
Author - Pro , l',,,k
"·•·J, ~
._.
153.
A111hn, - Prn . Praka ,J, K. ~/nka/.
I I R I 962 S.C. 933. . ,11, rvlinimurn State.
. 1,d '" "111 ... c) W J'are Stale .
. i · ,,(Ra o;1hon' ,. . d' ou1 hori1y lo make the rules ·111d d) ~
""r : ~1:1 l Air-In ia . I . ' reg I
-\n5 h· ,,0,,l'P-- w . ·,i, mnkcs a rcgu al 10 11 and provid ' ll illto . supreme and sovereign in England o
J·1t•,,11<·,' ' I dis ouihon . . .
-'· fh,• r,n·n1 ~" ' ..., fh•• \ ,r· " , .. ' 1hc ace of 3) years °' on marriage . . I, an '
cs Iha nq \V"~ 1· •
.. r· J. r , En Jish Par 1amen1 1s su rcme and ,over E
,(l·mrll)~ll • - · ;·ca ll:lllllllt!
ihr Sl'I"\ i,-c ' ··1r,· ,n,m thl' ' l f' l ·h. l'r l,crurrcd car ~er. .
\V11h1n ·\
4b. t\»swc . enn in n2'and
h1"-ll'..S ,H'Ulli n:~ . rl•~nn\·~. ,1h1l c.;\ - nnin:\ll'd from her JOb on the grou, d ,, biecl of delegated legislat ion was thoroughly d,
• ,,n11 r.-1p_ 1--, 110,IC . . Id ' I . l Oh_ fhe SU , . .
v Comm1ss1on 14
,h R
eport . enquire D'/ 1he
l"f,rf'1s ,,, 1.r -\ir-hM l!' , l:uions ot Air- n m aut lOnty bcfo •11. ft 5.
I ih.- •"'- n I"'"""' ',
. ' h. rhallrnt-'
~ 1hc rub and regu , 1
re the Su ti
Pt ,,
a) ;:;eel Committee of Rajya Sabha.
p~gll!lfh.~ L ..

b) Administrati ve Reforms Committee .

[flUT1 "
• l II ill ,hrsurrred . c) D noughmore Comm illee 1932.
,d d)J.-
. r. \ rs She11111 ;!!f££!- C0 titurion of India.
t ,"E:"'11:,n ~·n. 1hnd 15 of rhr 311 ns Art 15 No erson shall be discrimina\ed . y developed his
01cc . ,, theory of"Rule of l aw" 10 ihe book_
'' , p · 1n t,eforc 1 ' - · on1 6. a) "Espirit Des lots ;,
~ns• rr: ArL I~ ua , . laceof birth and sex. on~
10 b) "The Rule of Law .
,!i-.,und oi wie ,·rffli reh~ ?· d. ·a1 control orcr unreasonable rules of delegated
r ) El'pltin the principle of_JU "' iUlhol\i ) "The Law and the Constitution".
through subs11ntire ulrn-nr:- ·n •s rules are unreasonable or malafide or discrini" . · ~) "The Province of Law Determine··.
ln<"tr : \\'hen dele,,,ued au o~~lare their rules as ultra-vires. lnatin
Supreme Cour. or H1eh Cour. can "The King can do no wrong" - Applies in India.
1.
d) Ci1e rtlennt Case L.,w. . a) Troe.
~"'"": A1r India,· s ~areesb Muza. b) False.

8. A.D.M. Jabalpur v/s. Shivkant Shukla Case is populari known _

1 35
[11] a) Natural Justice Case.
b) Habeas Corpus Case.
[A ril, 2007] c) Case concerning with basic structure of the Constinmon.
d) Quo-Warranto case.
'With Sofution.s 9. Write the three principles of Doctrine of Separation of Po" er (an.s" er in One sentence)
'i.B. (11ADS\, er Section I m!he question paper itself (including one sentence answer).
Answer : I The same erson should not form oan of more than ooe o · the three om 01 :he
Government: 2) One organ of the Go,emmem should 001 con I the 1nother • n. 31 One
(2) Section I • ·ill be r0Uec1,d at the end of First Hour of the examination .
organ of the Government should not exercise the funcaons of the l!lother 0=
SECTION - (Marks 40) :
IO. The Legislative House of the America 1s named lS -
Q. I: Tick the Correct option : a) Senate.
I. b) Parliament.
Admin1stra111"e law bas rapidly grown and developed in -
a) I Ceni"'l . c) Congress.
b) 18° Century. d) House of Representatives.
c) 19" Cemllf\'.
d) 20" Cem~, II. The Administrative Courts in France decid,· the dispute bemeen the fol!,, 11 in~ ·
2. a) The state and the publi c undertakings.
"Administrative Law is lh I· b) An individua l and the state.
a . e aw concerning th ..
gencies mcludmg especial! th I . . e powers and procedures of admm1s1rJ111< c) An individual and individual.
of !he foll owing gave this d;fini~i aw govemi~gJudicial review of admin istrative action". II ~ cl) An individual and a public undertn,ing.
a) Ivor Jennings. on of Adm1n1strative Law?
b) Grifi1h. 12.
c) Davis Disciplinary proceedings against a studcnl 1s a function.
d)~nd.
a) Administrative
b) Judicial
l
Dircc1_ive Principles of Stoic . , c) Q.\iasi-judicial.
11
) Police S1111e. policy establish wh• k• _ . IJ.
b) Lnissc,
· to,·re Slute, ' at ind of a State '/ Th,: administrativt~pow . .·rs
a) cannut be ddccat,·d.
b) can ulwa she : uh-(kk •a1c,I.
 . nal circumstances delegated.
. cxcept10
c) ,n Dr. Binapani vis. State of Orissa.
d) none of the above. •n One sentence) ~; A.K. Kraipak vis. Union of India.
. ' • (answer I
14. , . "dck alcd lcgislat1on · islalion is enlrusted to or ans other than lhe c ~_f lndia.
\\ hat is \Vhg lhe funclion of ihe le d b such or an 1s called deie aiect le . d)) Mohinder Smgh Gi ll vis. C~ lion C . .
Answer : . en . If the le islalion ma e is
b the le islature itse ornrn1ss1oncr
Which of the fo llowing State was the fi rsi t ·
15. "Dclcgatus non potcsl de Icgarc" means - . o pass lhc Right
a) Onssa.
b) Maharashtra. to Information Act ?
a) the King can do no wro~gdelegate.
b) a delegate cannot furthe d unheard. c) Uttar Pradesh.
c) no man can be condemne c) Kamataka.
d) public welfare is the h1ghesl law. . .
S ggestions by the Franks Commiltec Rcpon .
16. . repeal of laws, exemptions, retrospective operation, fur Ure Ac~.
Under delegated leg1.sla11on, a; Departmental authoritries. Were made With respect to_
are - . . b) Public corporation..
a) aulhorily based classification. c) Administrative bodies.
b) impermissible delegation. . d) Administrative tribunals.
c) discretion based classificauon.
d) permissible delega11on. 26, The institution of Ombudsman was slated fi rst in_
a) J950 in India.
17. Legislature exercises conlrol over deIga ted legislation through - b) 1800 in Germany.
a) the Prime Minister. c) 1809 in Sweden.
b) the Supreme Court of India. . d) 1874 in England.
c) Commiltee of Parl iamenl or State legislature.
d) Speaker oflhe Lok-Sabha or Vidhan Sabha. 27.
A Tribunal is vested with powers of judicial nature under a statute. Atribunal is _
18. _______________ means beyond power. a) a Court with limited authority.
b) a Court.
Answer: Ullra-vires.
c) nevertheless not a Court.
19. d) none of the above.
In which Case of the following, lhe Supreme Court has upheld the validity of delegated
ii legislalion in India ?
iiii 28. The Writ ofQuo-Warranto is issued against-
a) In re Kerala Education Bill.
b) A.K. Gopalan vis. Stale of Madras. a) the appointing authority.
c)Romesh Th aper vis. Stale of Madras. b) the appropriate government.
d) In re Delhi Laws Act c) a usurper of a public offi ce.
d) none of the above.
20.
"Doclrine of? Pleasure" is incorporalcd in which of the foll owing provision of lhc Indian
Constilution 29.
-------------------------- is the central law in India to ensure transparency inGovernment.
a) An. 309. Answer : The Right to In formation Act.
b) An. 300A.
30.
c)An. 310. Give one word for this sentence - . .b f g a legal proceeding without or
d)An 31I. "The Writ which fo rbid the inferior Tnb~?al fromcontn u 111
in excess of jurisdiction or contrary to law ·
21.
What is personal bias ? (answer in One sentence) Answer : Writ of Prohibition.
Answer : Here a Jud •c ma b I · fri . . f artv. He 31,
ea re ative end or a fo rmer business assoc iate o a ' n The juristic basis of judicial review is -
uerson.
ma have some ersonal •rud c enmit or rievance or rofessional ri valrv a ainSI sue a) Doctrine of Ultra-vires.
22, b) Independence of Judiciary.
Give Latin maxim for this st ,, c) Parliamentary Sovereignty.
1
Answer : "Nemo D b Es a emcnt, "No man can be a Judge in his own cause ·
23 , e et sc Judex In Propria Causa". d) Administrative discretion. e time". This rule is the basis of
32,
·n1e decision of which one of the ~ 11 . . . . . h made the "A person is not allowed to approbate and reprobate al the sam
princirlc of natural justice a lica~ owing c_ascs became a turnmg pomt m India t aI Which of the fo llowing ?
10 a) Crown Privilege.
PP le admtn1strative proceedings also?
b) Estoppel.
 157.
A11thor-P p
ro . rakasi, K. Mokal.
I 1 n of'Civ il Service' .
. . . . .

c) rarluuncnl , Discretion. services ii h1erarch1al attem of

di Adm1ni,1rntl\C wer in One sentence) es _ons1b1ht to le •1slature
,. means - (Ans
' Porcsl Pcccarc ..
.13. " Re> Non do no wron
"The km ' can f
Ans11cr : id Jinblc in Kastun Lal vis. State o U.P Case?
1
\Vhc1hcr the Government was 1c '
.14.
:1) Ye~
b) No · ( · O
- . ·r. ation of public corporation answer m . nc sentence)
Wrilc the d11Tcrcnl class, ,cc rations. ii Dcvclo ment Cor orations. iii So .
. i Commercial o o c1a1 Sc .
Ansll'cr . . . . I Comorations. !Vice
Lomorations. iv) Fmancia
b rosccutcd under criminal law for the act which is do .
36. Lokpal or Lokayukra can c p the Act. ne in &Ood.
fo11h or mtcndcd to be done under
a) Yes. assess owers .0 . . . . ct rule of evidence an rocedure v mdc cndenr
b) No. ~ i t of Cert1oran an d pro htb1t10n are available.
The Commission of Enquiry can prosecute the person guilty in the inquiry.
37. Iii: ~te short notes on Any Four of the following :
o) True. 20.
Q. a) Rule of Law.
b) False. b) English Administrative Law and Indian Administrative Law.
38. Employees of public corporation arc civil servants. c) Conditional Legislation.
a) True. d) Functions of the Union Public Service Commission.
b) False. e) Public Interest Litigation.
f) Henry Vlll clause.
39. Suit for breach of contract and tort committed by the public authorities can be filed in _
a) Adminisrrative Court. Q.IV: Read the situation given and answer the questions which follow.
b) Civil Court. Attempt Any Two : 20.

-- 40.
c) Criminal Court.
d) High Court.

The President of India does nor exercise the legislative, executive and judicial powers in om
I. University examination of one subject in the management course was unilaterally cancelled by rhe
University as it was established that out of 183 centres, there were 41 centres in which rhere was a
Federal structure of government. question paper leak in the subject. The students of the remaining 142 centres are challenging the
a) True. decision of the University on the ground ·audi alteram partem'.
b) False. a) What is audi alteram partem ? Explain.
Answer : Everybody should be given an opportunity of being heard". No man can be condemned
unheard.
SECTION II (Marks 60) :
b) Will the principle be applicable in this case ?
Answer : Yes.
c) Is there an express constitutional incorporation of the principle as a general rule for
administrative authorities ?
Answer : yes .
~' h · · . 'd i di alleram partem ? Explain.
ich 1s constitutional provision which prov1 es or au
~ : Article 311 of the Constitu1ion of India.
!. Th . . hib-11 the manufacture of bidis in some
e parent Act authorised the Deputy Commissioner to pro . . under the Act The pe1i1ioner
areas during certain period. The order passed by the Dy. Commissioner
challenges th -d
a) E . e sa, order. C0 mmissioner.
xanune the validi•u of the order passed by the Dy. . t' nal Some times the arenl Act
Answ ·,
· er : The order assed bv the Dv. CommtsSioner
• · 15 unconstitu'° ·
h. hare given bv the arenl Acl 10 e
th
ts consiStent with the constitutional rovisions but th e owers w ,c
 159. Author - Pro . Prakash K. Mokal.

ission . . .
. corTl!TI ~ rrns com m1ss1o n.
,athar1 tive (le o
bl '\01inistra committee.
303
c)~3nth ri! f the fo ll ow ing, the Supreme Court has upheld the constitutional va lidity of delegated
d) . h case o. ?
,,hie . 1nd1a . .
J, '\ 1a1ion in Education B ill.
1eg re [(eral_a ws Act.
3) tn Qelhl La / State of Madras.
) In re tan v s. d
b !( oop3 Is State of Ma ras
c)A· . h Tbaper v .
d) 1w nes warranto" is issued against -
Writ of"Quo- .
,. 'f)te ·nting authon ty.
· a) ' appOI
[er o b
f ublic
~ office.
e
b) Ausu · te Government.
eappropna
c) '[b f the above.
d) None o .
e Lokpal Bill, 1996, the Chairman and Members of the institution of Lokpal are proposed to be
th
6. Vod~r d b the President in one of the fo llow mg manner -
,nle y . JI I
apPo sultation with the C. .. on y.
a) Incon !talion with the CJ. I. and Speaker of the Lok Sabha.
10
b) co•:~ltation with a committee headed by the Prime Mi nister consistin ° of Speaker of Lok Sabha
c)_ !D{~:innan of the Raj ya Sabha Leaders of the oppos ition in Lok Sabha and Ra jva Sabha Union
~e Ministry and Minister of Personnel Public Grievances and Pensioners as its members.

l
d) Prime Minister of India only.
[12]
[November, 2007 (29.11.07)] 1, A system of dual judicature consisting of civil courts and administrative courts ex ist in one of the
11 following countries. Name the country -
a) France.
'Witli So(utions b)Germany.
c)U.S.A.
N.B. (I) Answer Se<tioo I in the question paper itself. d)U.K.
(l) Use answer sheet and additional sheets for Section II.
(J) Section I shall be collected at the end of First Hour.
8. The institution of Ombudsman started fi rst in -
a) 1997 in USA.
SECTION - I (Marks 40} :
b) 1809 in Sweden.
Q. 1: Tick the Correct option/Do as dire<ted : c) 1800 in Germany.
1.,)~:~s:i;sd~:~under of Droit Administratif? d) 1864 in England.
b) William lames. 9· Administrar T·
c) Napoleon Bonapane a) Pure! i_ve nbunal generally exerc ise -
d) None of the above. · b) o ...} _adnumstrattve func tions.
~\udicial functio n
C) Admin' . .
l. Parliamentary control over de! . d) J .. tSlrattve function.
:i ~ e ~eaker o_f the Lok Sabb:.gated legislation is exercised thr h
e ice Chainnan of the R . oug •
Ud1c1al function.
c) The _President of India a1ya Sabha and the S to. ihe leadin •.
d) La ,,n ofthedeie •at;dl . I . peakerofthe LokSabha. a) Sepa, . g dec ision of Maneka Gandhi v/s. Union of India is relevant to -
b) Rule :~on_ of powers.
3. Central v· ·1 ee,s atton before the Pa 1· c) Ri h evidence.
ig1 ance Co . . r tarnent
a) Swaminathan C mmtsston has bee . d)~
omnuss1on. n created on the re
11 gated legislation.
commendation of -
; APublic Unde .
) has all th . rtakmg or corporation -
e rtghts of an individual.
 .,,,,,,,,.....- .......
A 11thnr - Pro . Praka., i, I( 161.
J60-
-i1,,,,,( · ~
~ ual' S righ:~~edure.
A uthor - Prof. Prakash K. Mokal.

ind1v . tr311ve p
.. of' India. on i) d . is . e .
b) is n c1 11zcn f ·uri sti c Jers . I rights. b)' ·usuc ci· •at authonty .
) i-JU tCI
c) has the st~tus o rin/ runda111cnia ·~called as -
d) is nol subJcct 10 • . irt in fra ncc is
- d ,inistrat1 vc cm
:) ony ted legislatio n m ay be held to be mvahd on the ground of substantive ultra v1res, under
I 2. The highest a n ·r Jelega ndittons - .
·1Ad mm1 strat1 . JI• '\owing co Act is unconslltultonal
a) Drm . . de Etatc. fo pen parent f nreasonableness.
b) Counseil C rt ;;:-France. 1 O
1) v rounds u fexcluston of Judic ial rev iew.
c) Supreme ou ovc b) 0nie grotJJ!dS o
d) None of the ab . . wcrs is credited to - c) oo e above.
. f , ara11on ofpo
13. The doctnnc o sep d) ~ Authority is no t bound by the -
a) Montcsgu,cu. . Jud1c1a 1 d
b) Plato. l l - ~ ~fP.vid~
Q U ~ ' . -
c) Locke. a) uleoflaW-
d) Aristotle. . . . , d largely from - b) R ·tutional law.
. I ·usuce is derJ\ e c) constt fthe above.
14. The principle ofna!llra J d)None o
a) Legislation
b) Rule of Law.
c) Common Law.
~ -
.. trative law 1s a part of ..
d) Customs. ll AtimJOIS
. • 1 grown in India - • ·
;)~
15. Delegated leg,s 1auon ias C urt decision exhorting delegaled legts1at1on. b)Na!llT31[~W -
a) as a consequence of Suprenf,e ok the legislature e) Constitut10nal law.
b) because of great pressure O 1~•or on · g dele.gated legislation. d) Public law.
c) due to the const111Jtional prov,s1on encouragm . .
d) due to the demand of the bureaucracy to have leg1slat1ve powers. 24 _The right to move the Court for the enforcement of .. can be suspended during Emergency.
a) Fundamental nghts.
16. Henr)' Vlll clause in relation to delegated legisl?tion means that the executi ve -
b) Directive pnnc1ples.
a) is empowered to vary the provisions of the Act itself.
c) Fundamental duties .
b) can sub-delegate its delegated power.
d) None of the above.
c) can legislate on maners of principles.
d) can legislate on maners of taxation.
lS. The Ombudsman in ........... . . .. has no authority over the judiciary.
17. Quo-warranto writ is issued to - a)NewZeeland. Denmark and Norway.
b) USA, UK and India.
a) An officer is resigned and his resignation was accepted but he works continuously.
b) An officer is resigned but work continuously. c) New Zeeland, Denmark and UK.
c) An officer work continuously. d) None of the above.
d) None of the above.
!6. The doctrine of . . . . . . . . . . . . . . is not incorporated in the Indian Constitution.
18. Rule of law according to Prof. A.V. Dicey requires that _ •l wiaration of power.
a) The law should be subject 10 the Government. b) Democratic power.
b) Government should be subject to the law. c) Unity power.
c) The d1scre11on be given 10 d . . . . d) None of the above.
d) Both, a), and c). a mmi strallve authority to interpret the law.
27
19. Article_50 of the _Directi ve Princi les of .
:)) separatrnn ofJudiciary from the fa r Slate Pohey lays down that there shall be -
se ara11on of .udiciarv fro h riament of India.
:~, Till tod In ·
)l
·
ay d1a has not been able to establish the o tee o -
)Ombudsman
c) Lok A)'Ukia .
ffi f

c) separation ofjudicia fro m I e execm1ve.

d) none of the above. ry m th e President oflndia. d) AU the abo~e.
28
20. Recording reasons . • The rea I . . .
in support of o d . a) Di conflict of interest between the parties ts called -
r er is considered to be pan of - b~
lProbte~.
 c) Lis.
d) Both. a). and b). impliedly authorised b y a Statute or a Ch
. oration not express 1y or aner -
2 9 Ever.' act10n of Corp . . 11 . SECTION
be
~) can condoned uncond111 ona t y.gainst the public pohcy.
nswer Anv Two :_ .
~
b) is acceptable as long as it is no a
Q, 11: A Define Admm1strat1ve Law and discu .
c) is ultra vircs. a) Critically discuss " Delegated legislati~~lts scope and objec1 . - - --------==:_;2t()0 .
d) onl y a) and b). b) Discuss the role of Civil Service in India ts a necessary evil"
tj .
State True or False : .
mpared to Article 226 1s narrower. W 'te short notes on Anv Four :
30. The Jurisdic1i on under Article 227 as co Q, III: ~ u l e of Law.
20.
a) True. ~) Speaking Order.
b) False. . . c) ombudsman.
31. A law wi ll be vires. if it violates a constitutional prov1s1on. d) Henry VIII Clause. .
e) Administrative Tnbunals m India.
a) True. f) Doctrine of ultra vires.
b) False. .
32. Financial control over public enterprises is exercised through budgeting. Q. JV : !!!swer Any Two : _
20
a) True. I) A State_ Government in lndi ~ declared _a state-wide bandh in order to expedite the earl
b) False. complet10n _if a sea pr~Ject, whtch was m111ated by the Central Government, and later a stay wa~
granted agamst the project by the Supreme Court on religious grounds _
33 . Disciplinary proceedings against students are an administrative function. a) Whether the bandh declared by the State Government is lawful ?
a) True .
Answer : No. The bandh declared by the State Government is not lawful.
b) False.
b) What is the S. C. ruling against the bandh in James Martin v/s. State of Kerala ?
34 . An Administrative Tribunal has a statutory origin. Answer : No person has any right to destroy another' s propertv in 1he guise of bandh or hartal or
a) True . strike irrespective of the proclaimed reasonableness of the cause.
b) False. c) What is the Supreme Court ruling against the State-wide bandh ?
Answer : A stay was granted against the bandh that the necessity of controlling bandhs with an
Answer in One sentence : iron hand to protect "victims of the high-handed acts of some fanatics with queer notions of
democracy and freedom of speech or association is an essential part 1odav. II is based on the
35. What does mean 'Finality Clause' ? reasoning that there should be priority to law and order over the 'queer notions' of fundamental
Answer : Law conferred 'final power' to the executives of the State to take final decision on c01!1 rights of expression association and assembly.
specified questions. Such final power is called 'Finality Clause'. Example - Presidents power urlt d) Whether the handh is an 'act of the state' ? .
Article I 03 (1), Answer : No the bandh declared by the State Government 15
36. Prerogative writs can be issued by which courts ? not 'an act of the State'.
Answer: Supreme Court and High Court. . . India was asked to be personally present before
2) Chief Secretary and H ome Secretary of a State_10 k
37, Can High Cour_t quash the decision of a Tribunal, on which ground ? the Government Pleader/Public Prosecutor to avoid a JU icia
tovide sufficient staff to the office of
the High Court in connection with the steps being_ta en P\ delay The Supreme Court of India
·
Answer: If the Tribunal has not given reason for its decision.
had set aside the order of th~ ~igh ~ourt.. an call such top administrators before the Court
38. Define the term 'prohibitory injunction'. a) Whether the higher jud1c1ary 10 l nd1 a c • before it?
with reference to the administrative case pending ct b the Court and the should not be
Answer : A prohibiton ' injunction forbids a defendant to do a wrong ful act which '~ . t be iven ro er res · hen the heann 1s
infringement of some ri 2ht of the plaintiff either leirnlly or equitably.
39. Which is the most valid ground for issuing the writ of Mandamus ?
Answer : An officer's neglect of public duty imposed by law . .
40. What is a Sovereign function ?
Answer : Soverei fun ction is an I h ' h 1ts
Exam le - External A!Tai ac w ic the state as a soverei n does m relation 10 ertV
rs or ower to arrest a erson to search him and to seize ro
 - A11tlr<>r -

1ci lcs of Stale P

c
\Vhich l)'P:cracY ?
J. utiVCaul. n of policy .
c111 ptificall;difficullics.
ie~
165. A11t/ror - Pro . Prakash K. Mokal.
of delegating clause has acquired the nickname of Henry VIII clause as personify in g

al rooval 0
bl p,e d·fication.
1,10 I
cl aJCation- .
d)' and ..... e xpressly m enti on the word ' Tribunal' .
/\rticleS .....
4,136 227.

\
~ c)32,226.
d) 136,\43.
at the roam reason and force behmd the growth of adm,m strattve law and process ?
15
5, Wh wth in science and _technology .
a) Gro cy of the trad1t10nal type of courts and law makmo bodies
b'·, (Jladequa
t tons of time t h e teehn ica I nature of le 0 1slat1on. "the need o f f1 ex1b1h ex enmentat1on and
c) LU!ll al
uick action.
~functional government in the backdrop o f socialism.
d)B
_In which of th~ following cases the principle laid down that in order to bring dele gated leg islati on in
characteristics which or anised criminal act1v1t1es are said to ossess such a 6
force, its publication 1s necessary ?
and devotion to their works : no fear of deterrence etc.
a) lJ1 Re Delhi Laws Act.
b) Hair Shankar Bugle v/s . State of Madhya Pradesh.
c) Harla vis. State ofRajasthan .
[13} d) None of the above.
[A ril, 2008 (22.04.08)1
7. Which of the following courts h ave pow er to issue prerogative Writs 0
a) Any Court.
'Witn So{utions b) District Court.
c) Only Supreme Court.
N.B. d) Supreme Court and High Court .
I. Answer to section I on the question paper itself.
2. Use ~nswer sheet and additional sheets for section TT S. \n which of the following Writs the principle ofre-s judicata does not apply 0
3.Section I shall be collected at the end of the First Ho~r. a) Mandamus.
b) Prohibition.
. SECTION I {Marks 40) : c) Habeas corpus
Q. 1: Tick the Correct ooti f . d) Quo - warrant~.
- on rom the given ooti / D
I "Wb'I . oo O as directed ·- 9· Point o t · . th e Do II owmg
countries ?u mcorrect response . In which year the office of ombud sman was set up m .
l~w des'c~~~~~t,tutional law describes the various or . . .
a) Ivory . hem as m motion". This Slatem gans of the sovereign power as at rest, admin1slr•
1ennmgs. ent was made by _ a) Denm~k in 1953
b) H. W. R. Wade.
c) Griffith and street ~\ ~_ewzea\and in 1962.
d)~ . d)~nlandin 1919.
2- Rule of law · b . ~
a) U.S.A. ts a as1c feature in ~ . . . .
b) U. K. .. .... . Legal system. a) Santh:uneutlat,on for the institution of Lokpal m India was made by ·
b) Swa _n am Committee.
c) India.
d) ~ c) \(01i:t~han Committee.
d) Ad~· '. ommittee.
~
1l.Giv · d'
e correct response :- The rule of natural Justice applies in follow mg procee mgs -
 167.
(66, Author - Pro. Prakash K. Mokal.
following is correctly matched ?
of the . d. . f h S
yhJC. h neI . AdVI•sory juns 1ct1on oC t e upremc Court .
0
p ecdines
a) Jud1c1a 1 roe p;occedings 101 . Ie 14 · er of the Su reme ourt to rant s ecial leave t
b) QuaSI - Judic1a 1
ed,ngs 1~,c 6. pow . d. . f h S o a eat.
. tralJ\'e Procc - ,11 . Je I3 · ell ate juns 1ctt0n o t e upreme Court.
c) Adminis bo I . Procccdtn~ . to him by the supreme authority is calJ b) 11rt\ J31: APP er of Superintendence of the High Court
d) All the a c . d the power given
executive un er
ed , lA~,c 226 : pow
r •icle k . .
.
12 A La11 made by an .. d)t11• . fa place to be a mar et yard by an administrative authon·ty . h. h .
a) ;;°ubordtnale Leg1sla_non. ° Jarauon
!I• IJCC.1 I acuon.
1s w 1c type of acuon ?
b) Cond1tional lcgislauon.
c) Execunve Leg,slanon. l iud1c a . e Action.
l bd'cial l~ Action.
d) Delegated Legislanon. .ble factor for stopping the growth of administrativ 51-JU I
. ·s the respons1 e la~ . ,)Qua fthe above.
13. ·Separation of Power t I d)None o . . .
be one public service comm1ss1on by agreement between
'fheremaY
a) America. J!, or more states.
b) Eneland. a)~more states.
c) France. 'fhlte or
b) . or more states. .
d) India. c)f1ve and a Union Temtory.
d) one state . . .
14 . A public corporation or undertaking :
a) Is not subject to any fu ndarnental ngh · h.1 h case, the court by a maJonty laid down that if a body is an aoency of instrumen1a lity of
b) Has the status of a mnsnc person. ll,ovemmen'
In w ~ it may be other authorities within the meaning of Article 12 of th; Constitution : _
c) Is a citizen of India. .. g ukhdev Singh v/s. Bhagatram.
5
d) Has all the rights of an lnd1v1dual. a)b)R. D L·~Shettv - !v/s.
.W International
! ~ =Airport
= - -Authority.
----
c) Both, a), and b).
JS. The administrative courts in France decide the dispute between the following : -
a) an individual and individual.
d)None of the above.
b) an individual and the state.
c) an individual and a public undertaking. !4. In which of the following cases, principles of natural justice were applied 10 administrative proceeding
for the first time : -
d) the state and the public undertaking.
a)Maneka Gandhi vis. Union of India.
16. Parliamenl can delegate to the executive: - b) A. K. Kraipak v/s. Union of India.
a) Essential legislative powers. c)A. K. Gopalan vis. State of Madras.
b) Non-essential legislative powers. d) Keshvanand Bharti v/s. State of Kerala.
c) Both essential and non-essential legislative powers.
d) Power of form ulation of legislative policy. 25. Lokayukta has been appointed in the state of: -
a) Maharashtra.
17
) .MThe object of the Central Vigilance Commission is to check corruption amongst b) Karnataka.
a embers of legislature. c)Orissa.
b) ministers. ·
d) All the above.
c) Govemment Servants.
d) Members of Parliament. !W.,Wer in One sentence : -
18. M~in feature ofa tribunal is that ·- 26
a) Ordmaril the are reSJded over b • Which is the control law in India to ensure transparency in Government?
b) They are preSJded over by Judges administrative officers. ~The Right to Information Act.

~~
c) They are not bound by any law . 7 stst
d) They work under the direction ~f th e the different types of Corporations. .
. e government. ~ m e rcial· Development· Social Services and Financial Comorations.
19. The dissenting judgement in A D 28 •'Nemo · .
a) Jusl!ce Khanna. · .M. Jabalpur vis. Shi . Answ • Judex 1n causa sua' means.
b) Justice Bhagwati . vakant Shukla was delivered by- er · No man shall be a ·ud e in his own cause.
e) Justice Chandrachud 29. What is 'D .
d) Justice Pathak. ·
Answer : . octrine of Pleasure' ? . defence service or of a civil service of the
Union or irtic(e 310 - Everv erson who 1s a member of ad .th defence or an civil ost under the
Union ho~d an all-Lndia service or holds an ost connecte . ~d eve erson who is a member of a
s such office durin the leasure of the President
 168_~_____1_1_11_11_
,o_r_-_P
_'"'
ro"'-

. . "'.~- sl under a sla1SC

l "-"===~=~=.!.!.!l,
holds such office duri
civil service of a S101c or I10 Ids an ' c1v1l .!!10
Governor. . short notes on An Four each not .
ill: WriteUnion Pu bl 1c
. Serv1·ce Commission
. exceect n
1 thor - Pro . Prakash K. Mokai.
30. 'Pro Lono Publico". means. blic. Q• I) Lokpal. ces :
h 11•clfare of the pu . ~ 20.
3Z) Liability of Government in tort.
Answer : For I c • • • between sovereign and non-sovereign r
. . . . d emenl, the distinction Unctio 1 4) Droit Administratif.
31 In which h1storiCJU g the case law. ) Theory of separation of powers.
laid down for the first time, stale Co vis. Secretary of Slate ( 1861 ). 11 S) . d . d..
Answer : p and O Steam Navigation . 11 ) Judicial an quas-Ju 1c1al functi ons of adm · .
6 wer An Two: 1n1strat1ve authority.
~
32 "derations? · · · auth on· b a Statute must b
· · What is irrelc,•anl
. , d on an admm1strat1ve
. consiower con,erre . . e e~ Q. JV : Ans f U . . 20
Answer : A d1scrcno~a n extraneous cons1derat10ns. ercil!i
on rclevanl considcranons and not o . . . Dr. , A, a doctor o tn n1vers1ty was fi ned by the college of Phy . F .. . •
I) [London without 1cence of the college. The Statut• d . sicians or prac11smg n the city
.
33. On account offallure to perfo rm a public duty, which Wnt can be issued ? 1
~es should ?o ~alf to the king and ~alf ~o the colleg:.un er which college acted provided that the
Answer : The Writ of Mandamous.
a) Which prmc1ple of Natural Justice 1s violated in the above case ?
A swer : "Nemo debet esse udex 10 ro ria causa·· · N ·
226 wider than the scope of Art. 32 ?
34. Why is the scope of Art. ffundamental ri hts or an other le al ri ht· UnctetA~· cause. 1 0
Answer : Under Article 226 enforcement o hts "111tle)I n
b)State the type of bias ? · 1.e. man shalt be a Judoe in his own
there 1s enforcement only of fundamental ng ·
Answer : Pecumary bias.
35. What is 'administrative adjudication'? . . . c) State the relevant case law.
Answer : When 8 dis ute arises between an admm1strative a enc and a rivate erson it is S!:ttled b 1' Answer: Dr. Bonham's Case.
administration. this is called administrative admdicatlon.
d) Under which provisions are the principles of Natural Justice embodied in the constitution
oflndia?
State True or False :-
Answer : Under Articles 14 21 311 of the Constitution of India.
36. Public corporations fall within the category of'other authorities'. a ) ~
b) False. 2) 'X' died in police custody on account of torture by the police. The deceased·s mother filed fo r a
suit against state for compensation, the state claimed sovereign immunity and refused 10 give
compensation.
37. Central Vigilance Commission consists of three additional commissioners.
a) ~
b) False. a) Is the concept of sovereign immunity applicable in the above case? (Give Reason).
Answer: No because torturing inmates is not a pan ofSoverei0 n ac1.
b) What was the ground for filing a suit '?
38. In India. Parliament is sovereign authority.
a) True. Answer : Violation of fundamental right under Article 2I.
b) False. c) State the relevant case law.
Answer : Nilleti Behra vis. State of Orissa. AIR 1993. S.C. 1960.
a) 'Council d'Etat' is the highest administrative court in U.S.A.
39.True. d) What was the judgement in above case. . for violation of the
Answer : Su reme Court awarded 1.50.000i- ru ees com ensa11on
b) ~ fundamental rights.

40. Directive principles aim to establish a welfare state. 3) In a case commonly known as, "Jam . . .. ' case...it was
. Dianes d contended 1ha1 duties
erform their the government
and legal
a)~
b) False. agencies, like CBI and the revenue authonues have tai: 1 10 pfound guilty
obligations they have also failed to prosecute all persons w O were ·
8
'
) Who is responsible . functionm
for the efficient · · g~CITT?
~er: Central Vigilance Commission.
~CTION - II fMnks 6f!l.
Q. U: Answer An Two: ,~ b) State the relevant case law ? . AIR 8 s.C. 889.
~ r : Vineet Narain vis. Union ofl nd ia. 199
f above case?
a) State Dicey's postulates of 'Rule 0 f L , . . f Law iil c) State four guidelines given in the judgement \e given statutory status· 21 No Court can ~1 4)
relevant case laws. aw and h1ghhght the importance of Rule
0 ~ : I) Central Vigilance Comm1ss1on shall . 3) CBI to be an independent agency f
b) De~ne _Delegated Legislation and e 1 .
Legislation in India. xp am the factors leading to growth
f oelegJ:rJ A t ngs
~ • •
under the Prevention
~ t•s to be made by President . °
f cOrruotJOn
'. f hAct ecomm~enl)fd~ah[!!O!!!D~s
on the basis o t e r
. . !!:Y=e==~--
b th Committee State o
0
c) Explain the Judicial Review of ad . . . . ~ n vis. Vidyavati A.LR. 1962 S.C. 93 3.
rnintS!rative action by writ jurisdiction.
 9
tis the object of Right to Jn O ma
,, Adntinistrative Law" I) \\'~ • To rov1de ract1cal re ion ' c, 005?
MINATION QUESTION PAPER_ nder the control o
UNIVERSITY EXA ~el Course -=
. New Question Paper Patte11!.
Accordmg to_ [14) to [35)
QuestIOn Papers
Time : 3 Hours

[14]
[November, 2008 (11.11.08)]

'Witli So[utions Q. 3 : Situational questions fAnv Two\ :

l\.B.: J) Attempt all questions. . 12.
Mr. 'A' had applied for registration for allotment of a na1con·iru I d b h S D
2) Figures to the right indicate full marks. a) . , , ' :'I c e y l e tate cvclopmcn1
Authonty. A flat was allotted lo Mr. A and he deposited 1he en11·re mon·y b 1lh · f
. . c u e possession o
Q. I : Answer in short not more than Two sentences the flat was not given to him as the construction work was not completed 1,uhin ihc prescribed
time.
a) State the functions of a welfare state as per Prof. Friedman. . i) Whal action can Mr. 'A' lake in the above case ? Explain.
Answer : The State acts as a protector provider entrepreneur econonuc controller and arbri~ Answer: Mr. 'A' can file a writ petition against the S1a1e de1elopmem au1honrv on 1he oround of
malafide oppressive intention to harass the common man.
b) What is the meaning of'delegatus non potesl delegare'?
ii) State which legal provisions are applicable in this case 11ith its relevant cm law.
Answer : Ii means 'A delegate cannot further delegate'
Answer : Government is liable to pav compmation 10 Mr. 'A ' under Anick 300 of 1he
c) What is the meaning of 'Separation of Powers' ? Constitution of India Lucknow Develop111e111 A111/wrin· vs. .\Ir. G11ota I 199~/ I SCC Ni.
Answer : The legislati ve. the executive and the judiciary any one organ of the govemmen1 shouhl
b) Mr. 'B' a contractor was blacklisted by the Executive Engineer by gi,-ing n no1icc wl~ich did_no1
not control OT interfere with the exercise of function by another organ.
contain words indicating clearly that the Contraclor IVJS proposed to debar as a detaulicr from
d) What is a 'post-decisional hearing' ? taking any contract in fun1re under the depanmelll
Answer : Post decisional hearing means a remedial hearing after the dec ision when the pri~ i) Can Mr 'B' challenge the above notice ? Explain. . . .
notice of hearing the preliminan• action cannot be given due to an emergent situation. Answer : Yes. Mr. 'B' can challenge the notice on !!rounds of inadequa1e noucc v1olauno ihc rule
of hearing. .,
c) What is a conditional legislation ?
ii) Which rights are violated in the above case · . N Ju ·iice and rioht 10 equali1v under
Answer : A statute that provides control but specifies that they arc to go into effect only wl@J Answer : 'Audi Alteram Parteni'. The principle 01 1 amra I '
given admini strative authority finds the existence of conditions defined in the statute. Article 14 of the Constitution of India.
.• . re uired to be published in lhe Ot1icial Gazelle as
I) Whal is the 'Doctrine of Promissory Estoppel' ? c) Under the parent Act the draft no11hcat1on was q h · 3 , 1·rcularion in the area concerned.
• . . apt:r avmg,1.: " ·,~
Answer : The doctrine is that where one party by his word or conduct made to the othe~ well as in the local language of the State mnewsp d . the newspaper in the local language 01 1''
rom1se OT _re _rcsentation which is intended lo create le al relations the romisc or re resentall•~ The notification was issued but it was not pubhshe m
would be bmdmg on the party making it and would not be entitled to go back upon it.
~late. ,, _ Ex lain, . a er in local
g) What is legal representation "/ . 1) Can the above action be challenged · · pbrcation of the draft m lhe news
1
Answer : yes. As er the arent Act th e.. u
Answer : It means ri ght to appear through a counsel or through a person authorise~ Ianguage of the State was a mandarorv. cond111on.
legal proceedmg. - - i the above case. . rocedural control of
ii) Mention the legal provisions avail~ble or blication which vrnlates th e
. • e ddect in u
Answer : The le ,al rov1s10ns ar . • . n is invalid.
h) Srute any two functions of Union Public Se ,. C . .
A •A • nice omm1ssion ·Ii ~egated leg islation and thus the nonhcauo =-
nswer : I omtment of members and chaimian. ii Re ,uJati~g the UPS~
 A 11tlwr - l'ro f. f>rnk
~ /i
173.
- -......
.. lono ans1wr f \nYfour
•
:, ih rdcvanl case 1al\,s.. ~
~ (\O
r. 1r chara
tics)
of a Cour' .
Q. ~:"ntea , nc,,fRukotLa"" ' ,, 41
"-I!:
a) Discuss 1he d()(tn ., . de, 111 ,·:1usa sua • !i.'!--"-"=~~ - ~= '-'-:-5,,.,.~N~o!..t.Qb:QJ!I: a ud1c1al owcr Q[~J£.....:!,
• 1 1
the m a.\1111 N, m iu • 1 d·kl:atcd lcg1slatton wi th rclc1cncc t
bl Exp1a,n l 1•ei,la11on ., E,p ,nn ' •
cl Whal 1, dcieglllt'< '•
°
1C~d,, "
1• Ci
c not sub cct to an
t10n arc avail able a
of evidence and roccdurc G•
rfcrcncc 7. The 11rcrog,lli vc Writs
11
la\\-S. . . . , of the Go,·cmmcnt m India. . . . . of adrn1n1s1rat1vc Tnbun ds
Exnlain the 1ortuou, habiltl) . d explain the control of Public Corporation prerogative writs can be iss ued by which Court ? •·
d) .,. r Corporanons an . d' . I I s. j) • swer : By the Supreme Court and Hi gh Cou n
c) Cla.ssifv 1he Puti JC . '. ,. tion '? Explain the JU 1cm contro over the e . 01--- s.
0 \\'hat i, adminislllln,·e d,,crc Xcrc1sc or
discretionary powers. . Write short notes on Any Four :
Q.2 · - . - 20.
•fference between English Administrative Law a d d'
D1 . . .
[15] a) . n In ian Adrnin1strat1vc Law.
~ .. . .
(April, 2009 (25.04.09)] · Admm1strat1ve Law : En hsh Parliament is su r .
ent with Parliamentary Acts.
, . ..
emc and all Coun ac11 v111cs should be
Administrative Law : Indian Constitution is suprcm d .
· d ced f th G c an a11 ru 1c~ rcgula11on, hyc-laws
'Witli So{utions auons an ro ure O c ovemment must be consistent with cons1111111onal rovi, ion,. ·
l'i.B. : I) Attempt all questions. b) "Salus populi est suprema lex" .
?) Figures to the right indicate full marks. Answer:
~ e l f a re is the highest law". Doctrine of Crown privilege and R1gh110 in formatio n Scc t1Un
Q. 1 : Answer the following in Two sentences : 133 of the Indian Evidence Act.
a) Write the definition of administrative law given by Iver Jenning. c) Parliamentary control over delegated legislation.
Answer : Administrative Law is the law relating to the administration. It d e ~ Answer:
organisation. powers and duties of the administrative authorities. ~ n - i) Laying on Table· ii) Scrutiny Comminees.
b) What is difference between 'police state' and a 'welfare state'. d) Ombudsman.
Answer : 'Police State' - Government performs its traditional functions only. That is making,r Answer:
law. executing the law and decide the matter· 'Welfare State' - With its traditional functi011J, ~ e n t Posi tion Functions.
Government perfonns some welfare functions also.
e) Droit Administratiff.
c) Who is supreme and sovereign in England ? Answer:
Answer : English Parliament. ~ w e r to 0. No. 23 in this Book!.
d) Write the three principles of Doctrine of'Rule of Law'. I) Functions of civil service.
Answer : ii Supremacy of law· ii) Equality before law· iii) Predominance of legal spirit. Answer:
e) What is delegated legislation ? Advisory functions·
Programme planning·
Answer : "_When the function of legislation is entrusted to organs other than the legislature b)'J!!
legislature nself. the leg1slat1oa made by such organs is called delegated legislation". Function of policies·
Adjudication of disputes·
ti Delegated legislation:
I) Give La n maxim for this statement - "No man can be judge in his own cause"•
Answer : "Nemo Debet Esse Judex In Propria Causa". Improving efficiency:
g) What is 'Judicial Review' ? Action of public complainls etc. . . hi Hows Anv Two :=12.
the uestions wh1c o
Answer : Judicial Review is a court's 00 of other b ~ Q.3: Read the situation iven and answer . . h ufocturc of bid.is in some.·
government es eciall th , . wer . to review the actions IJelO~ rol11b1l I e man Tl
unconstitutional. e court s ower to mvahdate le islative and executive ac~ Conunissiona IO P •s·ioncr under the J\cl. 1c
a) The parent Act authorised the Dcpu 1Y . passed by the Dy. Comm, s
areas during certain period. The ord ~r was
h) Write the different classification of public co . petitioner challenged the said ord cr. t'I tion of India,
Answer : Commercial co orations· D rporahon. tionS' aoJ I) Explain Act 19 (I) (g) of th r Cons 1. \ II have the ri,,;,•h.,,_l,,,_
to_ _
Financial cornorations. evelo ment co orations· Social service c o ~ Answer : Arli~lc 19 I ' - All c,uzcns s a
i) Give the characteristics of Ad . . . on any occupation trndc or business.
mm1strative Tribunals.
 175.
Author I'm . l'rukri1 I, ir

~
A uthr,r - Prof. Prakash K. .ifokal
1
d . •J:ated legislation and ex amin e th , ' ,1
)lra-l'irc1 ove r e1c c v~ li1J1t ~ al C(J~ J\ la:t1c1n
111,1antlvc 11 1 ncr f 'I 1) ~ bl t.anu vc "ul saltrara-- vv ir rcc,\ aannc!d r,f'r,"O"U:"<l~ . .
1 1 be ond what the delc •ate i, a hiJfl.\1:<I ' ii)~ ra- 11r~ .
II) Ex pluln 1h · 'd' hy t hC lly' comm 11 " c,c, ·
1/u· urd1•r 1111181' rdinale le •1,Jlt!!nll . !cgi, latur:f, it acL, ultra- virc,. Thi, . 111 •~ • th e classification of public cc; rporat'
1
" " ' " ''r : When " SIi "';,-nrcrrcd on ,1 by 11c
1 I\ kn1,,,,'''.-'
- p pJa1 0 . "'"' and discu I
•• , power . . ', d) bliCcorporat10n. '' egal status and liabiJHies of
and cM'_ccl'1 11 ~ - . . !er the Act was ultra-v1rcs ma~much ' pU
I vc ull n -v1 rc, . . sinner un(
·~11
I
"'''!l.
1 . <l hy l)cputy ('orn 1111 ' · c da~tal right to carry on an y occu7
<!.\ ,
t,,, Iv ADS~ .. _ . .
'."'"four c1 ass1ficatt ons of public corporation:
·111- ordcr.J'·"'c
I' hich 11 wa,·dh
11111c1 w
. lated the ,U!L-- .
,na1'.c _~~.'iQ/ !l tfl!.l, of thc Constitut1 on.
~-
on tr· I i
~t,,. ~:l er public_comoratm_n IS \ tate':
hu,incss,_guaraniec . h State of 'X' for the offi cial use of the COII .)) c ·ivil and Cnmm al li ab1lit1es of public coroo
11 =--- _ra t,on,..
- ncd by t e h k cct 1
A •ccp wa, owned and rnam131. . 5 bringing it back from t e wor shop after rep•. Or 1,1, What are the different remedies available 10 citizens ?
h
b) di;trict. Once the driver of l CJCCP :ap.lace. A person was died. Then the widow ofth''.· Due1, e)
ihc negligent dnvmg .
. • an accident too . fh ·
. t State 'X' and dnver o t e Jeep.
at Per
~,., ~~ h Wnts
.
such as -
fi led a suit for corn~cn:at1on:~ ~ : king can do no wrong" will be applicable in thl
i) Whether the pnnc1ple o ! ca.1e?
~ as Corpus Mandamus Ceni orari. Proh ibition and Ouo Warranto.

Explain. · ·on of the state. Define the term 'civil service' and discuss the nat ure an d class11icat1
. .on of civil service in
Answer : No S?vc:c,gn f~nc~I . this case ? Explain the liability. 0
ii) Which liability IS apphca _ e m. India.
Answer : There is a v1canous hab1htY, Answer:
i)Qefinition of civil servi ce· .
.. d H Secretary of a State in India was asked to be personally present be
c) Chief Secretary an ornc . 'd ffi · fore ii) Union or Central CIVIi servtces (U.P.S.(.). State civil services {\!. P.S.C.1. All Ind ia Services.
. h C urt in connection with the steps bemg taken to provt e su tctent staff to the ofli
I Hrg O
tie • 'd · d' · I del Th S teof ~
the Government pleader/public prosecution to avo1 JU tcta ay. e uprerne Court of India
had set aside the order of a High Court.

[
i) Whether the higher ·udiciary in India can call such top administrator before tb,e C
1 . b ,
with reference to the administrative case pending e,ore t •
·t? oun [16]
Answer : Yes.
ii) What docs the doctrine of separation of power means ?
{October, 2009 (13.10.09)]
II
Answer : The same persons should not fonn part of more than one of three o,~
Government.
I. One organ of Government should not control or interfere with the exercise of its function bj·
'Witli So(uticns
another organ· N.B. : 1) Attempt all questions.
2. One organ of Government should not exercise the functions of another. 2) Figures to the right indicate full marks.

Q. 4 : Answer the following (Any Four) : =4i. Q. 1 : Answer the following in Two sentences : =20.
a) Examine •• . law. State the reasons for its growth .w
India. fully the nature and sco pc Of admm1strattve a) What is Droit Administratif?
Answer : Droit Administratif is a branch of law which determines the organisation powers and
Answer:
duties of public administration.
al Welfare state·
bl Inadequate judiciary; b) What
A is a sovereign function ?. · h'ch is carried out on behalf of the oovemment fo r
cl Inadequate legislative process· nswer : Soverei gn function 1s a functton w 1 . I' bl for cornnensation in case of
dl Scope for experiments· Public welfare maintenance of law and order state is not ,a e
cl Technicalities· '
sovereign function.
0 Preventive mc~surcs etc. c) w. . ol over delegated legislation ?
h1ch two scrutiny committees exercise con 1r_ J ,oislation and the Raiva Sabha Committee
b) Discuss the principles of natural J
'usti" Answer : The Lok Sabha Committee on subordmate e
Answer • ce.
~ Dcbet Essc Jude . 1 .
on the subordinate legislation.
ii) Audi Altcram Part . x n Propna Caug;
'") Speaking
. em.. d) What is Res-judicata ? 'dered and dismissed the same netition on the
111 order. Answer : When a writ netition has been cons, .
c) Ddine delegated lcgislat' ~e ground cannot be fil ed in the same Court_agfil!L
ion and discuss the . . . •
Judicial controls over delegated Iegislation- e) What docs a 'lin,il itv clause' mean ?
 - .
A 11th11r l'r11 . /',"k
f/\/11(, ,1,
177.
A 111/tor Pro[ Prak asIt K. Mok al.

r , 1-•" " ,n1 c1rc

J •r,n;d P""•c1
• 111
. xccu l/ VC~_ol Jh c slalc lo Jake Ii, .
I c
11c r .1 ,
's cnllccl ' l•nia it
1,, 1<1 .
au,c . Exu,nllli cc,1,,~
r, ",
~ Le~islation .
-
,\n \"" • I q1u.•,1111n"' •
~ud1 r,11nl J10WCr I.
I I I .. .
c i',c1,,''•
rJC1
n con
nswc
r : Mcanin , l::x lana11on of the doctrine
I /. ,s·
Cond1t1onal le I
1 a11 on in India - Liberal
\ n~A~I R~.~l~9257l..S~~5Ull
'
r~uin ,pr<,1 1r(
. Ai1" I<
101 [IJ
h , whic
I 1I1c order, pas,cd iy 11c at 1111111stra li vc t ·c
1 '"•1111•1 a roac·hu~h~,c~k~r~s~
1 ·;,=
, ,=1~v~s~-~'a=te'~o~R~a~c~1~1h~a~
1
P'"'r' 11111 '' • 10 ,1 n1111c 1 , r,nn hty clau,<;, ' 1 ,.
I he pro\ p, ,on n11h 1~ . fln ril, 1h1.., krHJ",n ,1,
, 11• rnavc
,~
3:~
. 1ve -1:!A.!!ni-
Y..:.T-"-'
w"""o-'-:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --=.lb
I.
I
pthCI ''"' IC"- ,1 ?
di, rl'l l11n .
' •
., va lid 12(J\Y£f " nn 1ro 1er or unreasonable
Q, rning Offi ce r subminetl report abo I I
The Rctu . . II d u vio ence at an elec11on. Pursuanl to 1he report the
fl II 11, 11' •h"''" 1 'le of c~crc1,111g ' lhc,c I P) Electi on Comm_iss,oncr cance e . th e poll 111 exerci e of powers under Arii clc 324 of the
~"'""r : \\hen ihc nu ( ,,. ·tution· Pn or lo the cance ll a11on no opp
,1h11..c (ii d, ..rrcu, ,n ,, consll . . _ . . · · 0 rt un11y of hearing wa.1 given 10 the persons who
were the candidates fo r elect,on._This action of 1hc Elec11on Comm1ss1oncr was cha llenged.
. , rohihlJ•r) lnJunrtlon . f r'-ids a defcndan l to do a wron •ful acl which w I) On what grounds can the action. of th e Election Co mmis1 ioner be challen ged ?
~1 11 h•I "P ,, r11on o .!' - . bl Oulu,
.. 1,hrhrlnl} in_., 1111 I· !lff lega l or c 1111a e. ~ e r .• The action . of. the . Elect1on. Comm1ss ,oner can be challenged as 11 ,, in · v10la11on
· of
"' " ' r . 011 . •hi nl 1hc.P ,un '
11: ~
_
rnl,rn~cmrnl ,rl ,1,111r II~ rinci le of natural ust,ce 1.e. Aud, alteram artem Rule of fa ir hea nnP "No man can b~
,1 1. corporation '! ,. . . ndemned unheard).
Ill ll'lul 1, • ,orl•I ,,,r, c · wlmh 1,,,_vc. 1>ccn created for lhc ur osc • •
of rov1din , cc..,.,·
""in cs,,, fiunder what prov_isions or the ConsHtution, th e ground in above case is recognised ?
i\"""' : r nrpor,,1,ru" · rt · tion clcctrifi!Y. commu ni eat1 ons etc. arc so . · ..:1111,•
,cn•11c, II• lhc pcnplc, like 1rnn~o ,, ' - la1sc1¾ Answer : The prmcmles of natural mslicc are reco1mised undL-r Ar11cles 1-l 21 and J 11 of the
ginstitution of India [Mohinder Singh Gill vi,. Ch1e( Elecrwn Comm 1. noner A.LR f 978 SC 85 11.
1 nrp(irarumi.,

, . 1,11(-avt· p1·tillon ? . . . , b) In a case, an agreement was entered into between a contractor and the Government. The contract
IJ "h•I 1• u JH c · : . 1, 1 the SuJlrcmc Court 1s authonsed lo gran t m 11s tliscrctio .
ii •r • tJ11dc1An1. 1c ~ . , d , ~ 111 was for supply of police uni fo rms. Bui, i1 was signed by the Inspector-General of Poli ce in his
"'"'' · . 1 , n .111 decree dctlcill)mat1on sentence or or er m an cause O ..._ official status without mentioning that ihe agreement was executed ·on behalf of the GOI crnor ·.
tr;,v, 111,pcal lrom ,111y J\JI !: c L ,
1
• f I I'· rma1
J'l•"c(I '" rt11,11c hy courl or lrihunal Ill 1hc temtor o nl ,a. i) Is the contract valid ? Explain.
Answer : No the contract is not va lid ihe con1rac1 1s vo,d as 11 ,s 1101 ,n ful l compliance wilh
ii Wh•I ii 'Oua1l-lN '! . . . . , Article 299 (I).
/I n, .. ,.,: f)ua" •l.is~ ·1he case, in wh ich an adm1111strat1 ve aulhon~y decides a Lis 1101bctwCll
ii) State the conditions to be fulfilled for a valid Government con tract.
,w,. .,1111,irc , nn1e~1ingjl11rtic,, hut between itself and another party 1s quasi-I is. -
Answer: Conditions to be fulfilled for a valid oovemment contract :
(). 2 : Wrlh· ~hurt notes /Any Four) : =lO, a) All government contrac ts must be expressed 10 be made bv the President or the Gowrnor.
b) All government contracts are 10 be execu1ed bv uch person and ,n such manner as ihc
•! Jlu1·1rh11· of Ltgltlmah- Ex pectation. President or the Governor may direct or authorise.
/111,wcr: c) All government contracts made in the exercise of the execume power are 10 be executed on
·1o cJ1~1J: ad1i1rary exercise of ow administrative bodies rule of law Article 14. behalf of the President or Governor as 1he case mav be [Da,-ecos Garmem Facro11 1 vis. Stare
Wcdn~1hµry prj11y1J1kL111J a f reasonableness [Food Corporation oflndi,n/1. o[Raiasthan A.LR. 1971 SC 1411.
Ml,, Kw1Jdlw1111 <'u11!t:.,.F1·1·d I 5 SCC 509 .
c) Section 34 of the Contract Labour (Regula1ion and Abolition) .-\ct, 1970 provided thal if any
difficulty arises in implementing the provisions of the Act, the Central Government may make
such provisions, not incons istent with 1he pro1 is ions of the Ac1 as appeared 10 II to be necessary
or expedient for removing ditliculty. Swion 3-l was challenged on grounds of excess ive
delegation.
i) Docs it amount to be an excessive delegation '! Explain. . .. .
c) Scpwratlon of Powers.
An1wer;
Meani1!!; M1111 .. · ,
Government for removal of dilliculties whid1 mi ht arise m oivmg
0 110 th
ii) Is the "removal of difficulties" clause incorporated in lbe n an coos u iona aw ·
~ff:~
Answer : No it does 1101 amount 10 excessive ddegation._Section 34 simply authorises Ilic
e l~~v.f
11
?

I
• rncorporated m the Indian conslltul1 on under
~11111rc Chci•k' 11 ,c11'1q1Ju,,eu lbeory Eflcct iif lhc lhcorv - Conslilutional rcco •nilion - .!)Ji\ Explain.
~ u ancn~tc111J.i!,d· . - - ~" - · " I
d) 'Sn!u
11
!IE. Gandhi vk Ra· Narain A.LR. 1975 SC 2299 · Answer: Yes the "r~mov.il ofd111icult,es c au,e 1' d A JR /974 SC 960
Article 392 I and Ailicle 372 Ga111111011 !11dw Ltd vis Umon 0 1 ta
1 PU!lllll e111uprcmn lex' II
·
A~•l!'.1·r : M,1x1111 , 'Pu!2l1c Well~ . . R' bl i =48.
1111011nulion Se~l11111 113 I r is th e ii!! rem law' Doctrine of Crown rivilc •c 1111<l !W!!' Q. 4 : Answer the following (Any Four) :
. . o lhc Indian Evidcnc A 'I Ex , dcr the Maharashtra Lokayukta Act, I 971.
e) Chur11ctcrlstlcs of Pu! , - ==--= .·c.~l!!i.! JUl!]]Ja!!t!!iol!]n!Jw~itl!ll.£CJ!,USfile~l!J!a~W'.S,Ji, ") Expluln the functions of II Lokuyuktu us st ated un
Answer ; Mcimi J~lc Corporntlon.
~swer:
~ucd A1~on , n , - Crea cd h Slat le - 1nd
1 mous h.ody ll vbr'·' ~
= .
lu or •an1sm St
c cndent cor orate icrsonalit - Can sue
' - ' at und r Article 12.
.
 178. Autl, _ _ __ __ _ _ 179.

f Loka ukta - Mcar

of conu tion abus
sscssion of ccunia

nd th e constitutional safeguards to civ·

. of pJeasure a • scrv
b) Discuss the Doctrine . . ants.
Answer : t·tutional safe uards to civil servants : Un .
=- f Pl c and cons I Ib

f) Define the Doctrine of Proportionality.

e) Discuss the prerogative Writs under Article 32 and 226 of the Constitution of lodi Answer : An electoral system that allocates leeislative seats to each p0 rf
1 I ·
111 ·
to it~ popular voting strength. ica group proportion
Answer: a.
~ •e Writs : Habeas Comus Certiorari Prohibition Mandamus 0
g) What is the definition of Administrative Law given by Ivor Jennings?
Explanation with object procdure and case laws. _ uo-WalE!lt
Answer : "Administrative Law is the law relating to the administration. It determines the
f) What is a Tribunal? Explain the characteristics of Administrative Tribunal. organisation powers and duties of the administrative authorities".
Answer: h) Define 'Procedural Ultrs Vires'.
: ribunals : Definition - Constitutional status under Article 323-A 323-B A · · Answer : When the delegated legislation fails to follow certain procedure or certain procedural
r'.i~un_als Act 1985 - Characteristics - same powers of a civil court examination ~7•::slllr, requirements prescribed by the parent Act it is called as "procedural 11/tra-vires".
IS.! · Samnarh Kumar vl.v. U11io11 oflndia). lnM
i) What is the meaning of' Antecedent Publicity' ?
Answer : Under the Statuto Instruments Act I946 the stationa office must ublish lists
showing dates on which they issue or publish statutory instrUments. In other words. there must be
[17] a prior publication /antecedent publication}of the statutorv instrUments.
[A ril, 2010 (20.04.10)) il What is the meaning of "Nemo Debet Esse Judex in Propria Sua Causa"?
Answer : No one should be judge in his own cause.
=20.
'Witli So{utions Q. 2 : Write short notes (Any Four) :
a) Administrative Tribunals.
b) Central Vigilance Commission.
c) Public Accountability.
Answer: 22
~ of Civil Servants Answer to · ·
d) Separation of Powers.
e) Special Leave Petition.
Answer:
 Author - Pro. Prakash K. Mokal.

hieher , I972 under w~1

neh has II he to the Su reme Court on! if t
Hieb Court ma civil matter wi flaw of eneral 1m ortance' an

I) Audi Alteram Partem.

[18]
[November, 2010 (15.11.10)]

'Witli So[utums
N.B.: 1) Attempt all questions.
2) Figures to the right indicate full marks.

= 20.

a) What is the meaning of Welfarism? . . h·evement of socio-economic

Answer : Welfareism means exercising · · publ 1c oowcr• 1orl( ac b1 the state
· Dor pubite we are v
lll!nloses and performance of numerous functions

b) State Dicey's three postulates of Rule of Law. . before law. predominance of legal spirit.
&!.swer : Rule of Law Supremacy of law eguahty

c) What is the Doctrine of 'ultra vires'? b d·nate le ·slation oes be ond the sco e
Answer : Ultra vires means be ond owers when su or 1
~ ority conferred on the delegate.

d) What is an 'institutional decision'? . . authoritv must hear and while hearin and
Answer: Institutional dec ision means the_ decidtn f bordinate within the de artment.
decidin the administrator ma take the assistance O su
e) D
eline Delegated Legislation.
 182. A uthor - Pr
....... --, ...

. o1. 1c. is13 t"on

Answer: The funcnon 1 is entrnsted to the subordinate or execut
0 •

An Two of the followin

I) State two function s of the Ccn t ra I Vigilance .Commission.
• 501\'C
. . .. C . . . . C
Answer . i Referrin com laints to CBI for mvesll all on II omm1 ss1on QJ.
· ·onal Engineering oll ege made d . .
~e orts after investi ation iii Conduct orientation courses for . ubhc unde ,) /I Reg1written test. The marks allocat ad ~ 1ss1ons or candid "' 12.
mailers relatin to inte retation of laws and rocedures ovemm de artm jler a d h e ,or oral ates on th b
a8 ·ssion procc ure was c allenged by one . test were one. h. e asis or oral inte .
(any two). drr11 f f h. candidat -1 1rd or th rv1ew
. oocs alloca IO~ o on e-t 1rd marks of h e as arbitrary ac. c total marks. Thi .
i) 'sion ? Explam. t e total marks r t1on. s
g) Which are the sources of AdminiS trative Law ~- ProVIvcr : Yes a II ocat1.on of one-third m k . or oral test .
Answer : Sources _ i Constitution. ii Statutes III Ordinances iv violate any legal
/IPS\wuon oflndi a. ar s violates rioh1 to c I
law. vi) Reports ofComminees. ~ . ua 11
ii) Write the Judgement m the above case.
h) What is a quasi-judicial action ? , swer : The Court held that allocation of
Answer: uasi-·udicial action means an action which involves some tra in ,.n 15"' k h one-third m k
t more than ro mar s s ould be allotted to I ar s lo oral interv1e
all of them. no ora test A a H w was arb11rarv and
~ as1a vis Khalid Ma id AIR 198 1
i) What is official bias ? In one case, the petitioner was appointed as h
Answer : Offi cial bias is e of bias which means actin artiall b) through Selection Board. His appointment was an onorary Paediatrician in a District H .
interest of the subject matter. or in favour t I. suspended bee f . osp11a
or official the Lokayukta on a comp amt fi led before him by f h' au_se O an interim stay granted by1
j) State the grounds for exclusion of principles of Natural Justice. filed a Writ Petition under Article 226 challenging~~: ~o~ae ca nd:dates for the post. The petitioner
Answer : i Statutorv exclusion. ii Le islative function. iii Erner enc i) Explain whether the Lokayukta has jurisdiction t ~kla s action.
Impracticability vi) Academic evaluation and vii) Contractual transaction.
iv Answer : Yes th e Lok a kta has ·urisdiction to revie, othreview the
. appointm en1·
il) State on what grounds a Lokayukta can t: keea 0111 '.ment.
Lokayukta and Uplokayukta's Act, 1971 ? an action • nd er lhe Maharashtra
Q. 2: Write short notes Any Four of the followin
Answer :Functions : To investi ate into com !aims and to make re ort which is recommendato
a) Sovereign and non-sovereign function. in nature 1shwas Rao vis. Loka a Maharashtra A[R 1985. Born 137 .
Answer:
State not liable to a com ensation for soverei action - State liable to a for the act r c) A firm ' ABC' was ~arrying on business of sale and distribution of lubricants since 18 years. The
servant. Article 300 of the Constitution of India - P and O Steam Navigation Case Vidvas 0 ~ Indian 011 Corporation, a Government Company. who suppl ied materials to firm ·ABC, suddenly
Case. Kasturilal 's Case. - va 1 stopped the supply of materials. Firm 'ABC' . fi led a petition for writ of mandamus. but the High
Court dismissed it. The Indian Oil Corporation argued that the dispute fd l in 1he realm of contrac1.
b) Right to Information Act. and hence, the petition is not maintainable. The fim1 ·ABC' has now approached 1he Supreme
Answer: Court.
Obj ect of the Act - Importance in democracy Functioning Benefit of the Act. i) ls the Indian Oil Corporation subj ect to Writ Jurisdiction '! Explain. . . .
Answer : Yes it is subj ect to Writ Jurisdiction as the Indian Oil Corporauon ,s an orean of 1hc
c) A. K. Kraipak vis. Union of India.
Answer: ~!ate or instrumentality of the state under Article 12· , ,, ain with le al rovisions.
u) ls contractual activity or dispute subj ect to rule of tall · IE'P1 becau;e ~e action of the
A · · ct· ute is sub1ec1to ru e o11aw 1
Facts of the case - Judgement - Discussion in light of "no man can be a judge in his own cause" nswer : Yes a contractual actlVlty or isp . . , ., arbitrariness in the action {Mahabi r Auto
state organ under Article I4 can be checked it there 1'
d) Functions of the Union Public Service Commission. Stores vis. lndian Oil Comoration AIR I990 SC IOJ I).
Answer:
nd = 48.
To co uct
matters etc.examinations for appointments - To assist in recruitment - To assist in disciplin.ill)' Q. 4 : Answer the following (AnYFour) of th e following : . .
I the reasons for ,ts growth '"
a) Examine the nature and scope of Adm
inistrative Law, sta e
e) Droit Administratif.
Answer : India. . concc I of slate
French le al s stem - Meanin S f the ~ d sco e - Reasons : change in
~ - e arate courts for administrative matters - Merits 0 Defiin1tion
· · of Administrative
· L a,v - Nature
. d an · ·aI s stem etc.
uacv of"ud1c1
re ulato measures socialistic anem ma e '
I) Forms of Delegation. b) . se aration of powers.
Answer: Discuss Montesquieu 's theory of P ~ of the theo
Am lification of olic M0 d1fi d exclusion ~ . . I backeround - E ec1
t
Se aration of owers - Meanin - HiS Onca
~ - \Callon - Removal of difficulties - Inclusion an
~ pping and criticism.
 ~

______________Jl~84~,- - - - -~A~u~ll~ro~r_-~P~r~o'.l,Jprk
' ll R.l/1 !(
- · ~foi exclusion of natu .
• ·plain the maxim with reference to lcadin Q(
be excluded unde
c) What is •Audi Altcram Partcm • ex g case law
!, r all the rules of 0
Answer : . f fl earin _ Constitutional status under Article 14
° 1O
Meanin - Ex lananon dru _c M~neka Gandhi vis. Union of India.
Case Law : Ridge vis. Bal "~n
21 and 3\ J
'
d) Explain the judicial control over delegated legislation.
Answer : d ultra vires _ Parent Act ultra vires Constitution_ De!e v where the tnbunal has acted
Substan11ve and roce ura1 . • p A ated l .
. . . _ Dele ated Je islat10n ultra vires arent ct - UnreasonabJ e 1sJar te the grounds on which the Governm
ultra w es Consntunon e gUd !ti ion ,
1

0 sta ent economic r

(explanation "~th relevant case law). alafide i court. . . . . . po icy can be challenged in the
P bl'c Interest Litigation, discuss the role of Indian Supreme Court as AD S
wer : , If the ohc ts
\" .
mcons1stent with Cons11. . .
e) DcIime u • Protect , - a l iii) If the po tcy ts an abuse of power. lf the olic is arbitrary or
rights through PIL. or or
Answer: What is constructive Res-J udicata ?
~ _ Object of PIL Article 32 and 226 - Locus standi - Social dimensions and
1 ~ Answer : Constructive res-· udic
Case Law. ~ , roceedin between him and hts have been taken bv a an in a
I) Define the term 'Chil Senice' and explain the constitutional safeguards to the D I
to take that lea a ainst the same er time would disentitle tha1 anv
mgonthe same cause of action.
Pleasure. Answer : octnne or
Civil serv~aning Terms and conditions of service - Doctrine of Pleasure_ R . . h) Which case is followed in India
.
as a precedent for sover • d
. eign
. .
an non-sovere1•n functions ?
Answer : P and O Steam Nav1gatton Co. vis. Secretarv to State. (186 I) 5 Born HCR APP I. ·
on the Doctrine of Pleasure - Safe uards under Article 311 : No removal b subordin~
removal without inquiry {Case Law). and no i) What is temporary injunction ?
Answer : Temporary injunction is a type of injunction granted as an interim measure which is
preventive in character and is granted on an application bv the plaintiff to preserve s1atus quo

l
[19] until the case is heard and decided.
[April, 2011 (19.04.11)] j) Define Ombudsman.
Answer : Ombudsman is an officer of the Parliament. his primarv function is to safe 0 uard the
rights of the citizens against abuse and misuse of administrative power bv the executive.
'Witli So{utions
Q.2: Write short notes (Any Four) : = 20.
N.B.: I) Attempt all questions.
2) Figures to the right indicate full marks. a) Legislative control of delegated legislation.
Q. 1 : Answer the following in Two sentences : =20. Answer : . Laving ontheTable ScrutinyComminee.
Legislative control : Proceedings in the Parhament
a) What is the difference between Administrative law and Constitutional law ? b) Central Bureau oflnvestigation.
~nswer : Constitutional _Law describes the various organs of the Gove_mment at rest , ~ Answer : . C urt in Vineet Narain vis. Union of
b the Su reme 0
dmmistrahve Law describes the vanous organs of the Government in motion. CBI : Le al status - Functions - Direcuons
India case.
b) What is conditional legislation ?
Ans · C d. · · · ·fi thli c) Rule of Law.
wer · on Ihonal leg1slatton is defined as a Statute that provides control but spe~
th
ey _a_re to go into effect only when a given administrative authority finds the e~ ~wer : f law _ E uali
cond1hons defined in the Statute. Rule O
. . of Law ·. Meanin - Su .remacv . Case Law.
!runt - Article 14 of the ConstttutJOn - ~
c) What is implied Constitutional limit ? cal!
d) c0 • ·1 servants. · · bv
Answer : Implied constituf 11· . D /h' Laws Ab nstitutional safeguards to civi
b 1 • . t0na 1m1ts are those which were enunciated in e ~
a m down ohc and - th . .
enac1rn e ohc mto bindin rule of conduct. ~
Constitutional Sa~
d) What do you mean b t subordinate authori
Ys atutory exclusion of natural justice ?
e) Sources of Administrative LaW,
__________
- _____!1!!!;,__
186. ____-'-'
A-'-'11-'-'1/-""-
'-''r_-_,_,_,
l ' l'r,
r ,., ~
,~//.v/, .
I(• A1,,Aq1,

Anrnrr : S1a1111c, Ord!nnnccs I)cicnatcd Lcglli)a tion

Case L·i
~Ol!I._CC~ , ( tl!)\l_!Jlll.!Q.!L = - - - -..,__,_,, IV R
( 'om nllll ('C\
CJl.Ort\ llf [20]
f) I'll. nnd judicial aclil'i,m. [November 20ll (
, 22•11.11)]
Answer : f PII A,1iclc 32 and 226
PIL Mcn11111g_ 01:!JCCI o_ ~-
rt'lcvant c::i,c ~
pt all questions.
. 'Witli So[utions
Q. J : Solve An y Two . "'12,
, 6.: l)ftgU
I''
I) J\~emres to the right indicate full marks.

. . . . su ply was disconnecled 011 the allegat10~ _of theft of encrg

1: Answer in short not more than Two sente nces :
1
a) The pc1111oner s clccincily · pl , no notice was served by the Eleetneny Board. This Y._ Before
di,connccung 1he elcclnc supp }• action Was
th Q, What is the meaning of 'Welfare State'? = 20.
challenged by ~ pellliot~ d'sconncctcd without notice? Explain.
a) wer : Welfare state means the state exercisino bi.
i) Ca n lhc: clcclnc
Answer supp Yb ccdi:~onnectcd
No 11 cannot · without. notice.
f I The char · e of theft of encr J\OS d r£ u 1c wer i h.
a,,umed 1 conducting a proper
correct w111ou1 econ omic u oses .an h ..e orrnance of
. numerous funct·ions ,,or ubhc. wor I[ac 1evement of socio.
· ? enquiry
• o t 1e a11 egatmn. th "welfare state ,, 1s t e u
bl"
1c-serv1ce state" or lhe " . . e are
b
v the slate. Thus
1·; h anv ri~hl violaled in the above case . Explam._ . . . . . an d poI"
e economic
social 11tcaI .ms1tce.
. service- rov1der Slaie" to ensure mter
. a/ia
) · · y 11 ere is violation of ri ht of fair hearm and v1olallon of _nnc1 le of natural . . 1
Anrner: 1 cs 1 · • f D lh' / A' Ustice
j mrl,· a tcram 1a1.tem ·• Aniclc 14 · Munic1 al Co n. o e I v s. anta 1ron and Steel Co. AIR What is the definition of Administrative Law given by lvo J . •
1990 SC 882 b) "Ad . . tr f L . h I r ennmg .
,o\oswer _: mm1s a ive . aw is t _e . aw . relatin to the administration. Ii de1errnines the
or anizatmn owers and du1tes of adm1mstra11ve authorities".
h) Tiic Director of Public Instruction refused to_ include a bo_ok for the school syllabus written bl'
Manjula. Manjula filed a Writ to compel the Director of Public lnstruclton to include her book in the c) State any two requ_is_ites of a Government contract
li st of text-books approved for the schools.
Answer : The re u1s1tes of the Government Contract are - I All Govemmem Comracts must be
i) Explain whether a Wril can be issued in t_his case ? . . . . .
ex ressed to be made b the President or the Governor: 2 All Go, ernmem Con1rae1s are 1 be
Answer : No a writ cannot be issued m this case as 11 1s the d1scret1on of the Director of Public executed b such erson and in such manner as the President or Governor mav direci- J 0The
Instruction to decide about the books for school syllabus.
Government Contracts are to be executed on behalf of the Presidem or Governor. and 4 A wrinen
ii) In lhc above case, for which Writ can the application be made? contract is necessary. (Any Two from the above].
Answer : The a lication in such cases can be made for a writ of Mandamous. Man'ula Man·uri vis.
Director of Public Instruction AIR 1952 Ori 344. d) State Dicey's three postulates ofRule of Law.
Answer : Dice 's three ostulates of law are - I E ualilV before law: 2 Su remacv of law· and
r) The Commi,sioncr of Municipality sub-delegated the power to lake proceedings against any person J} Predominance of legal spirit.
charged against ccnain offences under relevant Statute to the Medical Officer. The Medical Officer
accu,ed. the powe r to the Licence Inspector. And the Licence Inspector filed a complaint against ihe
delcgutcd e) Define Delegated L_egislation. . . bo dinaies withinihe department.
Answer : The function of leg1slat1on 1s entrusted to su r
I) In lhc above t·asc, can lhe complaint be filed by the Licence Inspector?
Answer : No. Because the ·udicial owers cannol be sub-dele aled. Q What is Pecuniary Bias ? . . h _ monelary-economic in1eres1 in 1hc
II) h lht• :dorlrlnc An_swer : Pecuniary Bias arises when the adwdicaior a, of liiieaiion disqualifies a person
Answer Ycs. of 'dclcgalus non pot est dclegarc' applicable in the above case? . matter of dispute.
fil!b1ect - . mteres
Pecuniary . 1·mthe subiecl mailer
fm.m acting as a Judge.
Q. 4: Answer the followin, An Four : =48. W . ?·
nl
&1 A hat is quasi-judicial function !Q m,_e!!!tr!aJ!pPJp·m!!!esofa
. h. h invoill •\i'ee~s,-oill Court but nol all
~JU===~
. 15. an ac11on w ic
--.!!!lter : Quasi-judicial funcllon
a) Whal is lribunul '/ Explain lhc reasons for lhc growl11 of lribunals in India. .
th ~
b) Expluin e muxim 'Ncm o dcbc1 csscx judcx in propria sua causa' with landmarkjudgmci~;; ~
c) bphun
with dclcgalcd
rclcvun1 case lcgislulion
laws. in the pre-constitutional period and lhc post-constitutwnul p .1. h) \''h · , 0·
'' at is the doctrine of ultra-vircs . When subord.ma le le islation
Answer : Ultra vires means be 011 rl ewers.
d) Discuss the o1•d' • .,· I hninistn "
. · · 111
uc11011s . l11d111.
. nimy rcmcu1cs, upurt from the conslilulionul remedies to contro a< 111 ~ i t y conferred on the delegate.
c) Deline public corp 1t' ·I •
1011 I) State the different kinds of corporation ...
n I) c,111c
,c . d' . '.m
JU 1c1nl review und
Dill cxpln1n lhc control ol' public corporalion.
I· 1 . · d' •inl rcvic· ,,r.
•1 Answer : t Commercial Co orauon,_
exp um I 1c Constilutionnl provisions cxcluchng JU ic C . I C mora11on,.
~ o n s · and 4) Financia O Id' ?
j) /' £st Supremo .
What is the meaning of "Salus Popi! 1
-_______________.-.!!~---==~:~==::I.!.·-!. "•ri.,-,, I HR. A11/hor - l'ro l'r ,_

.• mean, "the welfare oI. tI1c ico 1Ic 1

.s the su ire
I(
. ,11,,~
1\ ns11 i-r : , Snl11~10 uh ,11 ,rcmn 1ex Ille law•·. q1,
Q. 2 : Write short notes An · Four : [21]
111. O1 crnrnt1on of power . . . "' 2{),
h
I)
a)) 11,ncrcncc
n,_ nc hctwccn
'
Lng
• 1" 11 Aclmmistrati vc Law and Indi an Adm1111strativc Law ·
[Ma , 2012 (04.05.12)]
c) /)rn,t Ad11111111 1ra1 1/J _ . -
cl) h111c11on, of the Union Public Service Co1111111ss1on.
l') Ad 1111111,1m11 vc Tribunal.
'Witli So{utions
rnp t all questions.
I) " /)c/ci;:a1111 No11 Pore,r Di·lrgor/'". l) Atte . ht. d'
. res to the ng m 1cate full marks.
•,. 5,: 2) f1gu
Q. J : Solve An 'Two :
wer in short not more than Two sent
. s . •it 1: Ans~-="'-------=::.....:....'..!..!!.~ ences :
n) Mr. Ram nn l:ngmccr. working in Military Engmeer erv1ces, was removed by an autho . Q, h tis the definition of Administrative Law g· b "20,
, ubordrnnlc 10 that by which he was appomtcd. Mr. Ram challenged his removal as v· • n1y
.An 1clc 11 of the Const11u11on.
. . ~ 1 of
a) W awer . "Law relatin to the control of governrn•ven Y"WADE" ?
Ans · entaI wer" d
i) Docs the removal amount to violation of right under _Article 311 ? 'thin their le al bounds so as to rotect the citizen . ' ,iarn,i:10:k:-"e=e"'o,'-veeers
" ~o!.!.f.g)o'!:!v~crn:rum
]Jeefilnl
w1 s against their abuse.
An,wcr : No the removal docs not amount lo v10lalion of n ht under Article 3i J 1/hat is "droit administratifr' ?
prov1, 1011 1, not applicable 10 Military Engineering Services. as this b) :nswer : Under French legal s stem there are two
ii) Whal an• the constitutional safeguards under Article 311?
• de endent of each other called ordinarv Courts and ad . es of Laws and two sets of Couns.
Amwcr : No remova l can be done b subordinate authorit . Ri •ht to reasonable authoniv in rn1ms1ra11ve Courts.
L\"11/wdh 1/anian Ghosh vi.,. Maior N.A.O. Callaghan AIR 1956 Cal. 532] . c) According to Dicey, what is the meaning of "Supremacy of Law"?
Answer : "Absolute _su re_macv_ or redominance of rel!Ular laiv as
b) In one case, the petitioner was appointed as an honorary Paediatrician in a District Hos i arbitrary power or wide d1scre1Jonary power". 0 osed lo the influence of
through Selection Board. Hi s appointment was suspended, because of an interim stay grante~ ~I
the Lokayukta on a complaint filed before him by one of the candidates for the post. The petitio/ d) What the three organs of Go_vernmeot, _and their functions?
filed a Writ Petition under Article 226 challenging the Lokayukta's action. er
Answer : Le 1slature Execullve and Jud1ciarv are the three organs of the Government functions
i) Explain whether the Lokayukta has jurisdiction to review the appointment ? _ Le islature to make laws· Executive to irn lememlaws: Judiciarv 10 ime re1laws.
Answer : Yc~ Lokayukta has the jurisdiction lo review the appointment.
e) What is sub-delegation ?
ii) State on what grounds a Lokayukta can take an action under the Maharashtra
Lokayukta and Up-Lokayukta's Act, 1971. Answer : When a statute confers some legislative powers on the mcu11ve authorirv. and the later
An iwer : To investi •ate into com laints and lo make re ort which is recommendator in nature. further delegates those powers to another subordinate autborirv or mncv. it 1s called sub-
Vi.1hwa.1 Rao vi.I-. Luka •11k1a Maharashtra AIR 1985 Bom. 137 . delegation.

r) The _
Director of' Public Instruction refused to include a book for the school syllabus wrillen by Q What is substantive ultra vires? h h d , ·. authorised 10 enact
ManJula. ManJula filed a Writ lo compel the Director of Public Instruction to include her book in Answer : When the subordinate legislation °oes bevond w at I e e1e•a1' "
the list of text-books approved for the schools. it is known as substantive ultra vires.
i) Explain whether a Writ can be issued in this case.
Answer : No the Writ cannot be issued in this case g) What is the meaning of Speaking Order? _ , . If Everv order must contain reasons
ii) In the above case, for which Writ can the appi°ication be made? Answer : A speaking order means an Order speakm
- " ,or use .
11 th rd in support of it.
Answer : _ c Boa of Studies of Education of State or Central have included this Book in
s llahus and 1f the Director of Public Institution refuses then Writ or A lication can be filed. h
l Deline 'Ombudsman'. • . 10. ner of Parliament
m1ss . bwho isr
Q. 4 : Answer the follow in An , Four : = 48. A!!_swer : "Ombudsman is a delegate age • · ns aoamst~
,uc11!1ll!f!ZCWL-"""= a use
-- o
a ointed to in uire and inve 5iigat ·
H)lE·xFlai n _the Act.
n,onnallon principle of "Sa/11.1 Popu/i S11pre111a lex" with reference to the Right to
IDgretionary power mal-adminiStfalio
h) "Delc~aled Legislation is a necessary evi l" _ Explain. . JOOS ? .. re access lo
i) What is the object of Rig to I arenc and
c) Define Public Interest L11Jgallon. Discuss the rol f d. . rotector of Answer : Settin , out the
rights through PIL. e O In tan Supreme Court as a P
information under the c
d) Discuss the characteri stics of Adrninistrativ T .b
c) Discuss the prero •alive Writs _ . e n unals. _ . accountabili t in the work mission,
f) Explain the tortu;us li ability 0~~~~rG~,'.~cle 32 and _Article 226 of the Indian Consututwn. J')
State any two functions of the Union
. Public Servi
rnrnent with relevant case laws.
 190. Author - Pro p
. . . . rQ/cQS/1 !(
Answer : I To conduct cxanunations lor a o111u'.1e1H to the services of t e institution of Ombu
· and O icralilP. schemes ol · 01111
- fra, mm
thosc Statcs m d recru1tmcnt for a 191 9 Denmark in I
candidates po~scssing special gualificauons arc rcqu1re mbudsman.
ste . . dsman is a dei
Q. 2 : Write short notes AnYFour :
uire and inve
a) Doctrine of Legitimate fapcctation.
Answer: budsrnan in N
~ ne of le itimate ex ectation belon s to ti · lie law an • . t Sweden and Finla
relief to the eo le when the ' are not able to ·usti the basi ics : This s stern is h·
sense of the tem1. thou h the had suffered a a conditions· it has acce
ex ectatioo had been violated. The term 'le itimat us
in 1969. and from that time it has assumed the o c 111dia. . .
ra;Law - Give histo of Lok Pal Bill a
almost ail jurisdiction.
In India. the A ex Cour1 has develo ed this doc · in order to poctrine of Separation of Powers.
e) .
Answer•
On in - Plato - Aristotle - S stematicall

for ta water and the Government can be held res nsible if ex

Thus. the _can be de ri ved of their le itimate e ectations without followin
natural rnslice.
Administrative Tribunals.
b) Ridge vis. Baldwin (1964) A. C. 40.
Answer: Answer:
Discuss-
I) Magna Carta of natural justice.
2) Concerned with "audi alteram partem" Rule. a) Ori in : Develo rnent in British etiod in which de arunem ac uired ·udica1or ower ouisidc
the court oflaw.
3) Old_ vie_w Princi les of natural ·ustice a lied on! to ·ud 'c ·a1
admirnstra11vc proceedings. Lord Denning in R. vis. Gaming Board.
1 1 roceedin s and not to b) Definition : Administrative Tribunal means. authorities ac1outside the ordinarv court svstem

~
which interprets and apply the laws when the acts of public adminisua1ion are anacked bv
~~:: a~ id_c vis._ Baldwin states that Princi les of natural ·ustice are a licable to the whole informal suit.
_ mm1strat1 vc process.
c) Meaning of Tribunal : Tribunal is guasi-iudicial bodv established bv adminisua"ve bodies _10
c) A. K. Kraipak vis. Union of India. AIR 1970 SC ISO settle disputes between two or more parties especiallv. those disputes that areof quas1-1ud1c1a1
Answer· · issues In rt' T ·b 1- thin•asCoun.bu1mcludtsalls11m1hecourt.Butthe
1) Mr. N~ •uishbund who was a ·t" , I · f . rea t 1es n una is_ not same . • rt bui includes all adjudica1ing
Supreme Court held that Tnbunal 1s not same thm.0 :1.1 cou
and was ulso candidate for sci \ m c lie conservator of forest was a member of Selection Board
bodies of government. It 15 8 pennanent bodvof 1he
2) Thou •h he did nol take .ar1e~1~1on _10 t~e ~11 _lndm cadre of forest service.
!!Jl 1roved the s C
th
.
c deltbcratton of the Board when his name was considered and
d) Charactensttcs · Admm1strat1ve Tnbunal has ~t~~;o;/~j010
11,snot bound bvsmct rules of
Constttutional machinery m India bv Arucle IJ •• b 10 oovemmen11n1erference when
· u iremc ourt held that the • I l'k - · of d 1 and no1 su rect f •
£,!ndidutcs on the Sele t' B re was rca t chhood of bias for the mere 1resencc .
rd
the Board A 0 · 1 c mn oa ma adverse! innuence the Jud ement of other members ol
· 111 mcnt ts stn1ck down.
3
) Su Jrcmc Court obsc vcd "lftl . . · · ,1
of 'us ice one foi ls 10 . .. 1 ie ui osc ol the rules of natural ·ustice is to revent nuscam_a_
· sec w 1 ' t11ose
4) L1111dmurk Jud •cmcnt, · rules
· sho 11 • • - · I
u c c made ma licable to ad1111111strattve 1u u1n,, -
b

d) Lokpul 11111.
AnNwrr :
))isruss_
 192. A 11t'1or - Pr

Q. 3 : SolH the fo1,1omno

• '\n • Two : ~
ssurnes more and _more ower .
·ontrncts for allotment of ccrtam a1cas to a number of ~ ll, tale a • all ervadtn .
a) GO\ emmcnt has !!" en c umcatton scctot on the basis of first-com fi coniPan f modem state . as a
- ,n 1ck-romm • e- 1rs res t
pro,,d mg sernrcs 1101 get contracts. alleged nepotism, ma1-practices and co 1 served or ii1 _ "The State and Rul
compames 1 "h1rh
1 could - t· by the Mm1ster and Officials of the con l'rupt on inv l'Iie a he adm1mstrat1 on Wt
of these rontrac ' cernect 1d Olv
m al otmen s _ have also made certain observations about huge loss to the epa '11 ed I .
Go\'emment
10 3 Aud1thors ts without followmg the proper process. e)(,chequer11 en,
arc!ing of <ur contrac h b . f Ii du
~
Ne a d
e uate recauti ons bein taken to e . rest of the
i) Can" the- Go\'ernmen
- t award. such contracts on t e as1s o ~•rst-corne-first served I\'" e
? J. . 0 wers. . . . . .
ooino for the process of auction •
"<\nswer " : No. th.1s nnc1
.
• · le offirst-come-first served. ts arb1tra and disctirninat
• o .
tth
~0 mistrallve a enc1es follow tn disch •
011 3. consistent with Rule of Law de
ii) Whether Judiciary is legally empowered to strike down any policy decision taken b control mechanism been deveJ
Go,·ernment ? . . . . . . . . . Ythe 4. t within the bounds of law that it
Anrner .
.. v, es. 1·f such olic
. dec1S1on
. . ts v10latwe
. f of
th Erov1s1ons
. ofBConstitution. However
tak olicv decision. hes withm the domam o e xecutive. ut the E)(ecutive w~ . delegated Legislation ? Explain Judicial control .
policv
to edecision within the framework of the Constituhon. • · lllus1 lakea
b) Whal
•nswer.
IS. dS O\er delegated Legislalion.
b) ~eaning an cope.
A ominent political leader holding the Office of public servant was found to h
.pr and assets disproportionate to hikn aveallJas~ I) Re Delhi Laws Act Case.
wealth s own sources of'mcome. Government Departtn
Police are not taking action in this matter, inspite of reports appearing in Media. ents ilnd u) Control over Dele ated Le islation ma be divided into , .
and Ot er.
i) Can a private individual approach to the Court for initiating an enquiry , iii) h J categones - Judicial Lcoislative
prosecuting such a public •
sen-ant .
? ~
Answer : Yes. since it involved a public servant. iv) Judicial Control - Dele ated Legislation_does not fall bevond the sco e of •udicial review
and in almost all _the democrattc countnes. tt ts acce ted that. the Couns can decide the
ii) Whether Public Sen-ant can claim any immunity from prosecution in such case? validi or otherwise of mamlv a I tn two tests i) Substantive ultra nres: ; Procedural
ultra-vires.
Answer : No_ because. eve bod includin ublic servant are e ual in the e es of the law. 1
[Article 141
c) Discuss the Dicey's doctrine of Rule of Law with relevant ease laws.
Answer:
c) The State Government has appointed Chairman and Members on the Shri Sai Baba Sansthan, a
Trust, which governs the shrine of Sai Baba of Shirdi under the relevant Act. However, no rules l.()riin : Pro ounded b Sir Edward Coke C.J. in James I reign and 10ld that rule of lawmeans
were framed for appointment of Chairman and Members. God of law . A. V. Dice develo ed in this book .. Rule of Law.. that rule of law means
i) Can equality before law but not ' rule by law '. ..
the Actsuch
? types of appointments are liable to be challenged in High Court as ultra vires to
2 Meanin • It means no one is above law but one is under the coun and no. unc1v1lized
Answer : Yes can be challen ed in the Hi b Court b filin a Writ Petition. ' treatment. · Further it means that there is . no evi·1use of arbitrarv power
·h Id and d1scret1onarv
be subjeci the
ii) Whether High Court can strike down such appointments for want of rules ? What is your
opinion? power. According to Prof. A. V. Dicey it requires that Govemmem' ou 10
law. . f .. Rule of Law .. means : a) absence of
Answer : Yes. Hi h Court can strike down such a ointments made in absence of an rules bein 3. Prof. A. V. Dicey's formulation of the concept_o d. voftheland·c)egualitybefore
framed and thus violative of the Trust Act. · · is· the result ol ord pmarv 1a, · · .)
arbitrary power· b) the Conshtutmn d minance of Leeal pmt..
5
Q. 4 : Answer the following (Any Four) :
=48.
a) groMh?
Define Administrative Law. Discuss its scope and object. What are various reasons for its
Answer:
Discuss -

~)!) Definition b - Wade Davis Jennin s Griffo & Street

Outstandmg development of2Q'h CentµQ
M. P. Jain etc.
in) Change m role and functions of state
iv) Philosophy of welfare state. ·
v) Doctrine of Laissez Fair _ Merits and demerits.
v1) Welfare concept in Indian Constitution.
vii) State activism.
 ade, doctrine of natural ius I e c
Classification -
t Commercial. _ rl bCY? law relatin to the control 0
2: Del'elopment Comorat1on. thin their le al bounds so as to · at
3 Social Scrncc Comorat,on.
4: Financial Comoration control. . , e Representation ?
5. Judicial control. at 1s resentatton means ri ht to
6 _ Governmental control. 0 a le al roceedin .
7. Control by Public.
. doc O e of Promissory Estoppel ?
I) Explain "Audi alteram pare
t m" Rule · Cite relevant Cae Laws. ~ball
5
doctrine ts that where one
Answer: . · ~ entation which 1s intend
~- p -- - . le of natural justice give meamng.
on the art makm it and w
I. nncm f h" a.xim _ 'hear the other side' or 'no man should be condemned
2 Meamn o t 1s m . d , Unh~ d'
. ·both sides must be heard before passmg any or er . r !I! . pecuniary Bias ?
~allS . . . h .
3. Notice. h) \ r . Pecuma en the ad udicator has mo
, 0swe · d · . netarv econo •
4. Hearin2. f C b .d B t I ' C " . t rnatter of interest in the sub·ect mane fr . _ mic interest m the
5. Case Laws . R. v/s. Umvers1 o am n e . r. . en e s ase· Rid e v/s. Baldwl!\ ~ rtinl! a s ~ r o Jt1gation dis ualifies a 'rson
Maneka Gandhi vis. U.O I Oral or Personal heanng· Right to Counsel etc. ~
di alteram partem means .... ?
Q Au
~-
r. "No one should be condemned unheard".

J
{22]
. WI! t is doctrine of Separation of Powers ?
{November, 2012 (30.11.12)1 1) :o:wer : The Le islative the _Executive. and the Judiciarv. anv one organization of the
gQYemrnent should not control or mterfere with the exercise of functionbvanother organ.
'Witli So{utions Q.l: Write short notes on Any Four : = 20.
a) Ridge vis. Baldwm.
!'\.8.: I) Attempt all questions.
b) Droit Administratif.
2) Figures to the right indicate full marks.
c) A. K. K.raipak v/s. Union of India.
Q. 1 : Answer in short (not more than Two sentences) : d) Grounds for exclusion of Natural Justice.
=20. e) Parliamentary control over delegated Legislation.
a) What is primary object of Administrative Law ? n Functions of Civil Service.
Answer : The primary object of the Administrative Law is to determine the organization powm = 12.
and duties of the administrative authorities. Q.J: Solve Any Two of the following :
b) What is the doctrine ofExcessive Delegation ? . ' ' . . was •ranted mining licenses for 99 ye~rs. Bui
a) A the owner of mmeral development corporallon, ~fi . ·ancel liccns6 after ) years.
Answer : The le1>.islature must declare the policy of law lay down legal principles and provide . • · ed 0011 1ca11on 10 ' -- I
after some correspondence, Revenue Mirus_try tssu Minister and Minister had fikd cnmma
sta 'A' had contested Lok Sabha Election agamSl Revenue .
ndards for the guidance of the delegate to promulgate delegated legislation otherwise the law
will be bad on account of excessive delegation. case against •A'. . bl for challen•e in court of Lan,, and 1[ ·\eS ' OD
") W ··t "shae •
c) What is difference between Limitation and Laches ? i betber action of Revenue Mims ry i . C urt of Lawon the
Which ground ? . . . i·able for challen•e m 0
Ans~~r : A W_rit Petition will be entertained for hearing if it is in Limitation period un~ Answer : Yes an action of the Revenue Mm1s ts i
provtstons provided in the Indian Limitation Act· Whereas a Writ Petition will be thrown o_u~ groun~ nf o: __ •
·· · - . d"I ~ent
ehtrnner is ii of Laches 1.e. unreasonable dela . The etitioner should be I t Ord~10 ~ . ) . · this case ·
ursum hts remed and file his Writ Petition within reasonable time from the date of the u Which type of Bias is apphcabl_e tn p onal Bias. . the course of
~
:1
0
challenged. : It is Real Possibility of Bias - ers~ d tion al Kolkata. ounn. material and
b) A . anized by sports fe sub-standard s~: nal norms and
d) What is 'Irrelevant Consideration' ? -his n tntemational sports event was org_ it was round d per lhe 11\lem f rnal-rractiw,
Answer · Irr I · · "d t~ conducting various games cornpell\lOD, not constrUcte 85 and allegnt1on o
· e evant considerat10n means an extraneous consideration or a consi era c , eq · d. s were dungs
not relevant the e · f . . . · . bad tn la11 • uiprnents were used the sta iurn tly all these deration-
xerctse o power by the authonty on irrelevant considerations is ~ standards. Media highlighted prornindengai~st the sp0rts 1e
corruP1·ion, nepotism, etc. were \evelle a
 dsrnan is a dcle
uire and inves
er misuse of a
fficienc " .

. the d• erence between limitation and 1

Nbat 15 1t Petition will be entert aches ?
d n the Indian L1m1tati
of Laches 1e. unre
and file his Wnt Petttion

cballen .
bat is the definiti_on of Administrative Law given b , 1,
4) \'I . "Admm1strat1ve Law is the \aw 1 . ) ,or Jennings?
,1,oswer • dd . re at1ng to the d
~ •sation powers an uttes of the administrative authon1tes"
. . a. m1ms11at1on. It detennines the

tis the doctrine of Ultra Vires ?

b
e) W awer . U\tra-v1res. means be ond owers when s b d'
,I.OS
~rity •
con~ erred on the deIegate. · u or 1nate leoislat
- ton goes be1ond the sco\1£

What is the me~ning of "~alus Populi Est Suprema Lex" ?

Q. IV : Answer the following (Any Four) : 0 ~er: "Public welfare 1s the highest \aw".
a) Define Administrative Law and discuss its scope ·and objects. ~
b) Critically discuss the Dicey' s Doctrine of Rule of Law. Elaborate its a r . . ~ What is abuse of discretion ? .. .
Indian Constitution. PP !Catton 1n !ht ,1,nswer : When the mode of exerc1smg a vahd power is improper Or unreasonabl e. 1herc 1.s an
c) Explain the principle "Nerno debet esse judex in propria causa" - with leading C abuse of power.
d) Wh at .1s adrmmstratlve
. . . d.1scretton
. ?. ExpIam . the Judicial
. Review over th ase Laws . ·
discretionary powers. e exercise of h) What is a Special Leave Petition ?
Answer : Special leave to appeal by the Supreme Coun : Under Anicl, 136 the Supr<me Coun is
e) Explain Doctrine of Proportionality. authorised to grant in its discretion special leave to appeal from anv judgment. decree
f) Define Public Interest Litigation and Explain the concept with the High Court and Su determination sentence or order in any cause or matter passed or made b, anv Court or tribunal
Court Judgements. preme (except Court or Tribunal constituted bv or under anv law relating to the Anned Forces) in the
territory of India.
State any two functions of Union ·Public Smice· Commission. _ 2 To ass,st
.
[231 Answer : 1 To conduct examinations for a ointment
the servim of1he Union.
. • tot ecruitment for anv sef\'1ces
. 1or wh'1ch
[April, 2013 (10.04.13)1 those States in framing and operating schemes ormm r
candidates possessing special qualifications are required.

'Witn Sofutions
N.B. : I ) Attempt all questions,
2) Figures to the right indicate full marks. =20.
3) Support yo ur answers with relevant case laws.
Q, 2: Write short notes AnYFour
Q. 1 : Answer in short (not more than Two sentences) : ~ a) Doctrine of Pleasure .
a) What is "Droit Administratif' ? b) Central Vigilance Commission.
Answer : Under French I , I f Court; c) Lokpa\ Bill.
independents of each other ega syStem there are two types of Laws and two set~ d) Administrative Tribunal.
called ordmary Courts and administrative Courts. e) Doctrine of Separation of Powers.
b) Define "Ombudsman". ~ Ru\eofLaw .
 ------ -------------'=~----
198. ------ ' prr11~lc11s1
A1t1ho -P !( r o 199.
-Q. 3 : Soln AnY Two : . 1
• At~ kO( not more than Twos
0
T C nuss,oner
. 1 Id 111 0

10 . is the oflice of a Publtc

G Servant
D was fou nd lo hav ~ 12•
t. An lncome ax om k n ·ources of income. ovt. epartn1ents and p . e ivcaJ, m of Right to lnforrnatio
• · ate to his no" ' • ice a t,, 1s v1de racllcal r ' •
assets d1spropon10n
111 . _ . 0 f news appearing in electro111c, as well as, newsp01 re n ta nd
legal action
3 this_ma_tt~r. mttc oach to the Court for initiating an enquiry a ~ers llledia 01 l1ng ,J r the control o
a) Can private mdmdua appr n for Pro · 1 the workm of e
such a pubhc sen ·an : p br Servant. sec1ring
• y . smce 11t involved
• a u IC
iary Bias".
. . nswer : es. bl' S t can claim any immunity from prosecution in such a c
b) WhetheN~ J 1sin · bias relates to ecunia intere
Answer : o.Pubeca icuseen;~.
· : rvbod ' includi~ a ublic servant are e ual in the e es ofaslq aw A
of the Constitution oflndial . llicJe 1 b) the sub·ect matter of liti ation
dge in that matter.
Tb P 1 ctn·c suppl)' was disconnected on the allegation of theft of 4
. .
2. d e etmoner s e e . . b . . enero,,
.1sconnectmg. the electric
.. supply ' no notice was served y the electricity hoard Th· ,,,.
· 1s action Befor
challenged by the Petmoner. . . ? • was
1
a) Can the electric supply be disconnected _w1tho_u t notic_e . Explain.
Answer : No. the electric supply cannot be d1scontmued without notice.
meaning of' Judicial Review'.
b) Is any right ,iolated in the above case ? Explain. . state!he . · · · ,
'!c!er~ : fY.,_es~th!l' • udtc1al Review 1s a court s ower to review the actions f h b
Justice.e,_,,,e";'t1,,_.ticso';'n"'e'r--''se...,..,
n·..b~t~t=o~b~e~1=n~fio_rm
_ e_
db_r_e_as_o_n_a_b_le_/d_u_e-=n=ot=1~ce'--"'ac.,,c"o~rd\!!i!!n!L!.Q
'
"A"'n~rn!! d)
of Natural violated.
- to rinci !es eciall the court's ower to invalidate legislative and 'Xe\ ot er_ tanchcs_of
c. cu 1ve actions as bemo
3. Mr. "A" residing in transit camp building allotted by City Repairs and Reconstruction d .
more than 30 years. After such a long time, repairs ative Writs can be issued by which Court?
· · an d reconstruction
· board yet not 8g°oar. since e) Prerog · · lik H b C · ·
alternate accommodation to Mr. "A" on ownership basis. tving any
a) What action can Mr. "A" take in the above case ? Explain. Answer : Prero attve wnts .e, a eas o us. Cemoran. Prohibition. Mandamus. uo-
Warranto can be issued b a Hi h Court under Article 226 and bv the Su remc Coun under
Answer : Mr. "A" can file a Writ Petition a ainst Ci Re airs and Re-construction Board on the Article 32 of the Constitution of India.
eround of malafide o ressive intention to harass the common man.
b) State which legal provisions are applicable in this cas~ with relevant case laws. 0 State the different kinds _of corporation. ..
Answer : The State Government under which the Ci Re airs and Re-construction Board is workine. Answer : i Commercial co orations: u Develo menc co orations: iii Social service
corporations· and iv) Financial comorations.
is liable to a com ensation to Mr. "A" under Article 300 of the Constitution of India. Case Law _
Lucknow Development Authority v/s. Mr. Gupta (1994 I sec 245].
~ Point out the primary objective of Administrativ_e_ Law.
Q. 4: Answer An Four of the followin : =48. Answer : To control over the administrative authonhes.
a) Define Administrative Law and explain the reasons for the growth of the Administrative Law.
b) Discuss Audi Alteram Partem rule with relevant Case Laws. b) Give the meaning of" Audi Alteram Partem". .d . h Id be heard" It is rhe principle of
Answer : It means "heart he other s1·de" or "both the s1de, s·\ ouopportunitv of· being heard shouId
c) India.
Define the tenn 'Civil Service' and discuss the nature and classification of Civil Service in natural justice that no man shoul dbe con demned unhear -, 11 - -

d) What is Delegated Legislation ? Explain Parliamentary Control over Delegated Legislation.

e) Classi_fy the Public Corporations and explain the Control of Public Corporations. ·
I) Explain Tortuous Liability of Government of India.

[24]
[November, 2013 (21.11.13))

N.B.: I) Attempt all questions. Witli So{utiotzs

2
) Figures to the right indicate full marks.
3) Support your answers with relevant case laws.
 201.
_ _ _ _ _ _ __ _ _ _ _ _ __ - - - -- '-'A"'11"'tl_,_,1"'
,..;2,.!!0!J!O,_. 0 1_·-c..!..
l'!.!ro~ J• A11thor- Pro( Prakash K. Mokal.
· '"k<1s/, I(
- · At
.• o An · Two : •!q1_
Q. 3 : Solve the fol 1OIi m .,. rking as Sub-Divisional Officer under the St ~ [25]
. \I 1
13 311 l<\S 0 1, ,c,·r wo • •· . . ate G ~ 1,
1) Miss ars ·
, .
·
art°n' her. lceal
d . ,he had taken some stnngent actions against 11 overn '·
' suspended from I,er offi1cc. [April, 2014 (19.04.1 4)1
\\ 111 1e ,mp 1 ~ . = ut1cs.c •she was a 1a's 1.Ille nl
anl ll1 f,
diYision. Due to poht1cal prcssur · , nne, ,
. M'15s ' ·arsha to reinstate hrr sen ice. . .
a) Guide _ _ n file a suit in the Court/Tnbunal statm that she . .
Answer . M,ss Vars1,a ca . ffi is inn 'Witli Sofutums
· · d , ulations im artin her duues as an o teer and natural ·u t' . Occnt
followed al rules an re I' . I s ice is d and
her and arbitrarilv suspended her due to P? ,~ca p~e:s~:e. h . cnied to rnpt all questi ons.
. d h. h ·ision of the Constitutmn o n 1a, s e can work without ~.8,: I) ~::ures to the right indi_cate full marks.
b) Un er w 1c pro~ an)• fear
of her employment • . . . 01
1011 2) ort your answers with relevant case laws
. . Art.· le !4 E ualit Before Law and Article 311 - d1sm1ssal removal 3) supp ·
Anrn er . 1c . h U . S or red .
rank of persons employed in civil services under t e mon or a tate. Uct,0nin swer in short not more than Two sentences
Q, I: i\O . . . =20.
2) ·A candidate was debarred from appearing in the LL. B. Degree examination for one What is the doctrine of excessive leg1sl_ation ?
he had used unfair means. The evidence . of the witnesses
· was not taken in th Year, beca11se J

• swer : Excessive le 1slalion comes mto existence when the exe

presence. nor was be given an opportunity· to cross examine
· the witnesses.
· e Candidate· '
a) ,.o , cu11-ve authontv
. or a•encv to
wbl.ch tbe powers to make the .law have been dele•ated under some St aIute. may mak-e excessive
- •
1
a) Which principle of the Administrative Law is violated in this case? Explain. .
; ; -0 r such power. ln such situalion the law. as well as. the delegated legislation both are
Answer : The rinci le of natural ·ustice - "Audi Alteram Partem" is violated in th' @fonstitutional.
. there must he fairness 1s case
rinci le means - ·'No one sha ll be con demne d unheard" 1.e. b · Tu· ,.,1
. b . ont e !Ill ) What is irrelevant consideration ?
the deciding authorirv. Reasonable o orturu must e 1ven to a erson before !akin of
action against him. an such b Answer : A discretionary power conferred on an administrati1e authoritv by a stalllle must be
b) Write )'our opinion as an advice to the Candidate. exercised on relevant considerations and not on extraneous cons1derauons.
Answer : The rinci le of natural ·ustice demands that the erson must be iven ffi . The power exercised by the administrative authoritv mav not be ma/a-fide exercise of power or the
o_ onunitv to roduce evidence in su ort_ofhis case and to _rebut the evidence roduce~a~:;ent improper purpose but still the administrative order can be challenged 11' 1he power is exercised on
him bv opposite pam•. For the purpose of g1vmg him fatr hearing two conditions must be . ,nst the basis of irrelevant considerations or matters.
=1') proper Nonce · to him; u") proper an d suffi1c1ent
· must be given . Heanng . must be givensat1
t0 s,1ed
;-
Conditions of Article 311 of the Constitution of India must be satisfied. -!!!1 c) What is pecuniary bias ? . .
Answer : Pecuniary bias relates to pecuniarv imerest. A pmon who 1s act1n• as afodne hav,ng
3) The petitioner was Chief Secretary of State Government. He was transferred by the Chief Mini ·
pecumary ·
m t · th subject
1eres m e . matter of liti•ation
- · such oecumarv mterest will d1squal1fy such
1
first to the post of Deputy Chairman, State Planning Commission and next to the post of O~e: person acting as a Judge in that matter.
on Special Duty. The transfer order was challenged as arbitrary and as one actuated by malafides.
a) ls the order arbitrary and so bit by Article 14 of the Constitution guarantying equalilv d) State Dicey's three postulates of Rule of Law. r b fOre !Jw· Predominance of leual s irit.
before the law ? · Answer : Rule of Law Su remacv of law: E ua ,rv e •

Answer : No the transfer order is not arbitrary.

b) Is the order a result of abuse of power on the part of the Chief Minister?
Answer : No. the order is not the result of abuse of power on the part of the Chief Minister.
Q. 4 : Answer the following {Any Four) : = 48.
a) Discuss the 'Rule against Bias' with relevant case laws.
b) Deline Public Interest Litigation and explain the concept with High Court and Supreme Court
Judgements.
matters relatin to int
c) Discuss the Montesquieu's theory of separation of powers.
d) Explam the importance of Omb d .. . . . [any two). uasi-·udicial
Power. u sman to protect c11Izens against abuse of D1scret1onary
g) What is a quasi-judicial fu ·
e) Defme Admini strative Law D' . · . . . · · I Answer : The ·udicial fu
. · iscuss Its scope and ob1ec1Ives with reference to h1stonca
perspective and groMh. function. sels of Courts
I) Explain the Doctrine of p O 11 - . .
r po 10na1tty with reference to illustrative case laws.
. '?
h) What is "droit adminis
Answer : Under Fren
inde endents of each 0
i) Deline "Ombudsman",
• A11tl,or - Pro . 203. A 11tl,or - Pro. Prakasl, K. Mokal.
er y our opinion, what would be th e judge m e nt of Court ?
b) As pr . The Court ma order cancellation of a reement or award exem
Answe ·
• />. swer the followin g (Anv Four) : = 48.
Q. fV · ;f-"critically_ disc uss the Dicey's Doctrine of Rul e o f Law. Elaborate its application in Indian
Const1tut1 on .
b) Explain the principle "Nemo debet esse judex in propria causa" - with lead in g case laws.
I
c) Elaborate the concept of Pubhc Interest Liti gation with reference to leading Hi gh Court and
~
:;;~~~l~A~n!)'.yJF~o!!.ur!:))_;_:_ _ _ _ _ _ _ _ _ _ _ _ _ _ Supreme Court Judgements.
Q. II : ~Vrite Short Not~_s d) Discuss the ch aracteristics of Administrative Tribunals.
a) Ridge v/s. Bald\\ in. • f India. e) Discuss the prerogati ve writs under Article 32 and Artic le 226 of the Indi an Constituti on .
b) A. K. Kraipak v/s. Umon oowcr. f) Explain judicia l control over delegated legislation .
c) Doctrine of separauon ob~ie are
d) ·Delege1us Non Poles/ g

t
e) Central Bureau of mvest1gat1on.
I) PlL and judicial acuv1sm.
[26]

Q. Ill : Solve (Anv Two) :

I)
..::J.1
A Re ional Engineering College made admissions of candidates on the b asis of an oral interview
[December, 2014 (01.12.14)]
II\
after ~ ,vrinen test. The marks allocated for oral test_were one-th1r~ of the _total marks. This 'Witfi So{utions
admission procedure was challenged by one of the candidates as an arbitrary actto_n.
N.B.: 1) Attempt all questions.
a) Does aUocation of one-third marks of the total marks for oral test violate any leg~
2) Figures to the right indicate full marks.
provision ? Ell)lain. . . . . 3) Support your answers with relevant case laws.
Answer : Yes. allocation of one-third marks violates nght to equality under Article 14 of !he
Constitution of india. Q. 1 : Answer in short (Not more than Two sentences) : = 20.
b) Write the judgement in the above case.
Answer : The Court held that allocation of one-third marks to oral interview was arbitrary and a) Define Administrative Law.
not more than 15% marks should be alloned to oral test: Ajay Hasia vis. Khalid Majid AIR 19&1 Answer : Definition of Administrative Law given bv Ivor Jennin2s - ··Administrati ve Law is the
SC 487. ~ n g to the administration. It determines the ornanisation. powers and duties of the
2) administrative authorities". or
Mr. 'X' was carrying on business of Fertilizer and Food-grains. The Vigilance Cell of GO\t
raided the premises and seized huge stock on the charge of irregularity however no such thin~
Definition of Administrative Law oiven by ··w ADE'" - . .
proved. · ' ' "Law relating to the control of governmental power"' and to keep powers of government w 1thm
their le ga l b ounds so as to protect the citizens a amst their abuse.
0
~anwhile, due to non-disposal of stock of Food and Fertilizer within time it turned unusabk
e compensation for the loss was claimed by ' X' fr G '
a) Can 'X' be entitled for com en . om ovt. b) What are the three essentials of Rule of Law ? . , ..
Answer : Yes 'X' is entitled for thon from Govt,? If so, under which ground? . Answer: Rule of Law Supremacy of law· Egualitv before law: Predommance o t legal spint.
Fertilizer and Food- rains stored tompen_sa!lon from the Government as it was a le11al stoc_ltl
fmm! or busmess u ose and also that there was no irre11ulan1V c) What is bias ? . , f s G T
A d b the Supreme Court m the ca,e o ecy. to ovt. ransport
b) Which principle of administrative law . . . nswer : It was observe Y C n 31 that bias means anything w hich makes a
Answer: The principle of Rule of Law. is involved ID this case? D epartme nt vis. Munnuswamy AIR.
1988
S.
O
ili--
~ than on evidence. In other words a pre-
3) o_erson (deciding authority) to decide a case erwis~st the a without the m erit of the dis ute
, A' a developer and builder had dis osition to decide either in favour of a or a "'
Authority d . an agreement · h G I mini is called bias.
ffi un er which develope WI! overnment and Metro politan Deve op
~ta~:d~ble houses for middle clas: ~::sptHowed 10 develop certain acres of land to con sio;, • ?

Bui i1 . otmment. e m the Mumbai City and handover part of them 10 I d) What do you mean by substantial ultra ""c:e~ bevond what the dele ate is authori sed to enact
. is ound that Mr. 'A' h d . Answer : When the subordmate le 1slat1on
nch people). a built palaces for t ··s(it- it is known as substantive ultra vires.
a) Can this a t· hose who can afford Bentley's and Ferran
c ion or the b "Id
under P.1,L.? ui er is liable to be cou~ e) What is colourable legislation ? . tent to enact a \aw under the Constitutio~ _b ut
Answer : Yes th· . challenged in High Court or Supreme Answer : When a Le islature is n~t c~md; so under a ower conferred on it b law it ts a
0
Court under the pis action of the builder is • nit nevertheless asses such law ortm . . ·s liable to be set aside .
ubhc Interest Liti •ation. liable to be ch allen ed in Hi h Court or the Su fl case of colourable legislation and such legis1ation 1
 204. A uthor - Pro f. p k 205.
• ~ A tnl Author - Pro Prak I K

f) Whal is speaking order ? k. for itself. Eve d

~
Answer : A s eakin order means an order s ica 111 , or er must contain r
in support of 11. cason1

g) How tribunals arc different from Courls ? . . . I

Answer: 1 Tiic ord · · · urts have the _ud1c1a 10wcr _10 t

but the Tribunal is not bound to follow or observe the strict rule of evid
deciding the case. !State preciselv any rwo from the above].
h) Whal is delegated legislation ?
An swer : When the fun ction of le islation is entrusted to the or ans other than the le ·
1
the legi slature itself the legislation made by such organs is called delegated legislation. is ature b
i) Define the Wril of Mandamus?
Answer : The term ··Mandamus" means "We Command" and this Writ is issued to a person who
1s required under the law 10 perform a specific duty. In other words the "Writ of Mandamus"
~pels the authority lo perform that duty which such authority is required to perform under the c) The Government of lndia announced that illegal migrants would not be deponed 1111 their cases
would be considered individually on merits. However, a deponauon order passed againSt one Mr.
j) What arc the kinds of corporation ? McGrath without affording him an opportunity. .. • on indi vidual when they
i) Whether Government of India can take sucb decision agoms 1
Answer _ : ii Commercial comorations· ii) Development corporations· iii) Social service
corporauons· and iv) Financial comorations. specifically announced ? . ake such decision a2ainst an 1ndi , 1dual when it has
Answer : No the Government of India cannot 1
Q. 2 : Write short notes (Any Four) : announced it specifically. . the doctrine. .
a) Pubhc Interest Lit igation. ii) Which doctrine involved in the case ? Exp 1am d f · hearin 2 mus1 be 21ven under this
b) Social Service Corporati on. Answer : Audi alteram artem. Reasonable notice an air
c) Doctrine of Estoppel s. principle. = 48.
d) Limitation lo fil e Writ Petition.
c) Pre-de_cisional and Post-decisional hcarin '· Q. 4 : Answer the followin Anv Four .: ature and scope. How the Administra11ve Law is
f) Speaking Order. g . . . L w Discuss its n
a) Defin e Admmtstrauve . a · •) . d. 1he Indian Const itution '/
different from Constituuonal Law · R I of Law is respected un ,r
Q. 3 : Solve the following (Any Two) : ' How the u e
_::.11 b) Explain the ' Rul e of Law · .
O
fDekgnted Legisla1ion. State
a) Mr. Ratnakar was di smissed from h· State the relevant case laws_- . Discuss the different lomis .
. . · self. c) Explain the Delegated Lcg1slat1on. . , What are the cxcept10ns 10
The said action was taken a h is service without giving any opportunity to defend 111111 .11 . . . II' . ·tatc. . 1·15 compan, nts.
• s c was found sic · I ·tatcd 111, tis importance 111 we ,ue s J . · • and explain . .
earlier also Mr Ratnakar was r d eptng at work pl ace. The department ms s ' . ,0 . . f N·itural u, uc, f · . growth in India.
. . ioun sIecping at k I ·, was g1v, d) Discuss the pnnc1ple O ' . • . the reosons O ii>
lo htm, and since he has com .t d wor Pace, and at that time opportunt Y . . . not . . . , . . T .b nal. Discus,
required. mi le th e same thing again, giving anoth er opportunity 15 thi s pnnc1plc ! . . . . . I' A<lniinistrauv, _n °_Adminisirative Law.
e) State the charactcnsUcs O . • ••1vailablc under th'
i) What is the principle of fair opportunit ? I) Discuss the judicial rcnicdie s '
Answer : The Ri 'ht to Hearin - Rea y. . .. it
re 111 remen1 of the max im "A d. Al sonable O ortunit to be heard or " Hearin
1
0 ortunit to be heard before u . . teram Partem" that the crson affected shou
assm an order or acti on.
 206.

207.
[27] t is Dclegatus Non Po test Delegare ?
Author - Pro. Prukusl, K. Mukai.
h) Whawer. it means ' a delc ate cannot funher dcl ,
[April, 2015 (09.04.15)] /\OS • C 'ate .
What is Doctrine of Proportionality ?
I) •nswer : An ele_c toral s stem that allocates le .
'Wan So(utions ,..
JQ.i!s popular voting strengt h . islati ve scats to each olitical rou in ro onion
:"i.B.: I) Anempt all questions.
Wr ite two functions of Union Public Service C , .
2) Figures to the right indicate fuU marks. , J')
3) Soppon your answers with rele\·ant case la'l\s.
•nswer : I To con d uct examinati
· .ons for a oint
0 mm,ssron
·
"those States m
· framm · an d o cratin
- g schemes ment
f . . to the 1crvi
. ces of Ihe Unron.
, - 2 To assist
Q. I : Answer in short ('ot more than Two sentences) :
a) What is Droit Administratif?
.-us,.·er : lmi.'T French leeal svstem. there are two
ind.
-~
_es of _Laws and two sets of C
den15 of each other. called ordin Courts and admmtstrattve Courts. ~
Q.
candidates possessin g special guali~ I recrunment for an v servi ces for which

2 : Write short notes on An Four:

a) Doctrine of Estoppels.
b) A. K. Kripak Case .
c) Liability of Government in a Contract.
== 20.
bJ Gh·e the enential r'{!uirements of a Government Contract.
d) Central Vigilance Commission.
Ans,.er : The r uisites of the Government Contract are - I All Government Contracts mus e) Rule of Law.
er. ressed to be made bv the President or the Governor: 2 All Government Contracts t be f) Doctrine of Ultra Vires.
er..ecuted bv such rson and in such manner as the President or Governor ma ~
Government Conlract.!, arc to be executed on behalf of the President or Governor· a ~ Q. 3 : Solve the followin Any Two
comrac1 i, necessarv. [Any Two from the aboveL ~
cJ What is sub-delegation ? == 12.
a) Corporations which have been established for the purpose of pro,iding social senices to the mzen.;
Ans11-er: When a statute confers some le ,islative owcrs on the executive authoriJy, and the~ on behalf of the Government are not commercial in narure. and therefore. are not exoected to · e
dele ates those wcrs to another subordinate authorit or a enc it~ is c II d b
funher on.
dclegat1 financially self-supporting. In fact. as their object is to render social ser.1ce. they are n;, required to
conduct their affairs for the purpose of earning profits.
i) What are the various types of Corporations '?
d) What ii Henry VJJJ clause?
Answer: ·· ·· · . . Answer : i Commercial co orations: ii Develo ment co orations: iii) Social senice co rations:
and iv) Financial corporations.
difficulti e of dde •atcd le •tslat1on is to remove cenain ii) Explain whether the members of the Public Corporations are pubLic senaots ?
b rcsoni ' all difficulties in the enforcement of his will
The Her Insurance Act 19 I I in En •la1Ji Answer : Yes the members of the Public co orations are ublic servants. and the Co oration can
be held liable for the wronos committed bv their servants for contract and for ton and crime. as well.
exec tio · · cmovc 1 1culti.£!L n should be conferred on the executive· only in
e) What is Speaking Order '? b) The rules were framed by the Government under the. Educa~onal lnstin11ions (Prob.ibition of
Answer: A s cakin , order means an order s Capitation Fees) Act, I 984. The Statute has prohibited cap1tat1on tees. whereas. the rules made there

~
under , · • •. I b har ed by private medical colleges and which was not the
· cakin ' for itself: Ever order must ,contain reasons tu111on
25 ~ b a ·lee · which
. . pr~scnbcd c
cou g . a fee of Rs. -·
Th d eJesc prescnbed ? 000/- for merit students and Rs .

,000/. ec,
and ut
Rs cap
60 rtatron
000/- ,ee.
for e ru. students for Kamataka students and non-Karnataka students,
non-ment
f) rihat is Doctrine of tegitlmate Expectation '> res · . · '
tnne of le ' itimatc ex cctation be) ' . . . . . ·e .•) Discuss
P?Chvely.the validity of the rules prescnbrng
. . d'fferent fee structures for different groups of
1
the
1h ieo le when the are not able on s to the domain of ublic law and is intended
to · t"t· h • . - 11
e term thou h the h d us 1· t Ctr cla1 on the basis of law 1 Students. d fi m Karnataka students in fee structure
ion had been violated • Th e term
a suffered
'I · · a civil conse ence because the ' ~
An · · Kamataka stu eats ro
The rul es di scrimrnatmg non- . .
· · I ··
h rules contravenes a consmutrona _provrs1on _as
~~ . stitutional· The 1984 Act prescnbmg ·ct S h delegated leg1slat10n 1
s substantive
~
and fro111 that time it h e lhmate ex ectatio was first used by SUC_
~ e . Ani cle 14 it will be struc k down as mvah - uc
as assumed th e os ition of a s nificant doctrine of
g) What are ki d f
A . . n s o Corporation ? ~ii) \Vh
· f
·1fn ?
trol of delegated legis 8 10 • h ases the court have the power
at are the measures o con . .. Procedural ultra vues. ln sue c undofultra-vires.
~\Ver : i) Substanti ve ultra-v1res, u) t've action on the gro=~-
t~ -=-'-'- . t ent and execu ' .. ~ rs.
~ o w n both legi slatrve enac m lie e of Phys1c1ans or prac , mg
c) Dr. Bonham, a doctor of Cambndge. University
the was fined The
College. by the Co u~der which the College acted,
statute
in the city of London without the l1censehofKing and half to the College. ,
Provided that the fines should go half tot e
 208. A 11th or - />ro . l'r"k"''' .
., . Ii. "1okq1. lie official's or a enc 's
red in the above case • 0
i) Which principle of law can be apil~:gc had \he fin ancial inlcrcst in ils own j ud cn ustice in the di schar e of its
Answer : Pecun iarv Bias. As lhc co - 1 cn1 and Was a arbi trari I .
judge in its own cause •
ii) What arc types of bias ? .. - .. iii) Bias as lo k judgements relating to Natura\ Justice
Answer : i) Pecuniary Bias· n) Personal 13 ,as Kn ak vis. U nion of India AIR ·
subjecl maner. C 597. 1970 SC

Q 4 A . the follo"in" An . Four : . . . "'48

• : a) ns\\er . .stranve
Define Adnnm . L 3 " .· E x·plain \he scope
. and extent ofadmm1strattve law in lnct ta.
· •
b) Discuss Yarious Principles of Natural Justice. . . .
c) What 1.s Delegated Legts
• lation .·o· Explam
' thed Jud1c1al
'l Control over Delegated Legislation ·
d) Wrile shon a~count on Institution ofOmbu s_man . . . . .
. the reasons ~ or the -!!fowth of Tnbunals m India. Wnte the difference b etween
e) Explam
Tribunals and Courts. . •th I
f) Discuss the theory of Legitimate Expectation wt examp es.

[28]
Ill [November, 2015 (18.11.15)]

'Witli So{utions
N.B. : I) Anempt all questions.
2) Figures 10 the right indicate full marks.
3) Support your answers with relevant case laws.

Q. I : Answer in short {Not more than Two sentences) : =20. !. What is pecuniary bias ? . . monetarv-economic ,merest in 1he sub1cc1
Answer : Pecuniary Bias arises when _the admdicator haser of liti oation di,g11.1lities a person from
I. What is Doctrine of Res-judicata ? matter of dispute. Pecuniary interest m the sub,ect man -
Answer : When a writ petition has been considered and dismissed the same petition on the same acting as a Judge.
ground cannot be filed in the same Court again.
10·Wb at ts
' procedural ultra vires 'l. . ~ , ·ertain rocedure or w 13 1n rocedura 1
to O11.
011
2. What is a Writ? t I gal or Answer : When the dele ated le islation fails ' dural 11 /rra-nrci'.
•
imYlrements prescribed b y the parent Act it· ·is cailed as proce
Answer : Writ means Court' s written order in the name of a State_ or other co~peten 1rticles
= 20.
executive authoritv commandin g the addressee to do or refrain from domg some specific act. d \he 2
226 and 32 of the Constitution of India confers the power of issuing Writs on a High C~u~t an - Q, : ~ite short notes (Any Four)_:
Supreme Court of India respectively in case of infringement or violation of fundamental n g s. l. Doctrine of Legislative Expectation.
2. Reserve Bank of India.
3. Write any two reasons for establishment of Public Corporations. trade or 3. Delegated Legislation.
Answer : Under Article 19 (6) of the Constitution of India the State can carry on any ~ 4, Public Inte rest Litigation.
industry by itself or through a corporation owned or controlled by it to the complete 0 ;.ons are S.
6
Dr. Bonham' s Case. .. = ll.
exclusion of citizens. The reasons for e~tablishments of public corporations - Public ~orw~~ · Doctrine of Public Accountability. as summoned
establi shed by the Government with a view the object of improving the soc10-economic as \aid
h I this. ~ ~ I
Q,3, , m•TWO : . . of renders-H\ \ .,cd in 1he
t e peop e an d setting
· up m· the country a socialist pattern of society. To ac h 1eve
' · Situation uestions Solve A . . in the dist:'buU~ ll11 FIR was r,:g 1
0 .
down in the Directive Principles of the State Policy (i.e. State shall endeavour to direct its bo erve 1he_ I, A. - of irregulanues er iovesogauo . ·n and curbing
a the ownershi and control of material resources of the comm unit are distributed to ~ former minister was accused Aller forth . ,0 orroU1 g
common good and b) the operation of the economic system does not result in the concen before the Anti-Com1p1ion Bureau. \he above man:;~ will helP in
lllatt rres1ed in f Lokavu
wealth and means of production to the common detriment [Article 39 (b ) & (C)}. er. Some people were a . tment o . • Explain,
I) Do You think the appotn cxecuuves ·
I
4. What do you understand by Administrative Discretion ? corruption involving higher Ievc ·
 211.
210. A11tlwr - A11thor - P f. p
ro; rukasl, K. Mokal.
Answer : Yes cert ain! it would curb the c ·
executives o f the Government.A com 1
.
(291
mal a · istration can be · - re the ' ~•c (April, 2016 (13.Q4.l 6)1

neoli e or undue dela . ore the Loka uk t. Th

executi,·es ""II be pre,·ented from or punished for mdulgmg Ill such corrupt pr 'Witli. SoCutums
ii) Explain the object of Lokpal Act.
Answer : The ob· ect of the Lok al an lcta Act 1971 Maharashtra pt all questions .
197 1 is - i to make rovision for the a nt and ii functions of certain s». : I) A~ernes to the right indicate full marks.
investi ation o f administrative action ta r on behalf of the Governme ' 2) ftgurort your answers with relevant case laws.
public authorities in certa in cases and for matters connected therewith . J)SUPP
WW!er~in!!..!T~w.:.:o-sa::.en=t~ea.ana..aca.ae.aa.s...a.:_ _ _ _ _ _ _ _ _ _ _ _ _ _ __::J.Q,
2. As Dr. Ambedkar puts it. '"There can be no difference of opinion in the House that our . . . Q.t:Al!L-- 20.
must. both. be independent of the execullve, and must also be competent in itself'. JUdtciary Define Ombudsman. _ . . .
i) Discuss the collegiums system of appointment of judges vis-a-vis the NJAC. 1- wer : Ombudsman ts an officer of the Parliament his pnmary funct ion is 10 safeauard the
Answer : The National Judicial A ointment Committee is com rised of the member .
1
. ~ of the citizens against abuse and misuse of administrative power bv the execut ive.
the Chief Justi ce o f Indi a. the retired Justice of the Su reme Court the Senior social w: tcu~m
O What is Social Service Corporation ?
repute. etc. and the Central Law Minister. r er the
2· An wer : Corporations which have been created for the purpose of pro,idina cenain essent_ial
ii) Discuss the concept of separation of power in the light of the above statement. 5
• s to the people like transportation electricitv. commumcations etc. are social service
Answer : The concept of separation of power envisages that each of the organ of the Governm 1 servtce - -
that is. the Le 1rislative. the Executive and Judiciary must function independently withou~ comorations.
intervention or pressure from the other. Since the political members or the members other than th:
T entials of Government Contract.
Judiciarv appointed in the NJAC may favour or impress in making the appointment of Judges 10 J. ::io ess . ") The contract must be expressed to be made bv the President or the Governor of the
the hi gher judicial posts and this would amount to an interference by the Executive in the workin2 swer . l . f the President or the Go, ernor. as ,he case mav be·
of the Judiciarv. and hence against the doctrine of separation of powers. State i.e. contract must be made m the name o d I th . ed bv the President or ,he Governor in
ii) The contract must be executed by a person u v au onz
3. In a bl ow to a State Government, the High Court quashed an ordinance issued by it to pave way to the prescribed manner.
delay local bodies polls terming it as unconstitutional and directed the State Election Commission
4. What is Tribunal ? . tin• bodies not beina Couns rovided such
to conduct polls before expiry of their terms . Answer : "Tribunal" means and includes all ad uc~ .th ·udicial - as disrineuished from_
i) What is Judicial Review ? Explain with the help of the above situation. t and are ve,ted w 1 k \fr /110 v , Ra hura
bodies are constituted b the s_la e Su reme Court in Dur0 a Shan ·or · ' ·
Answer : Judicial Review is the judicial control over administrative action. 1n other words if the
administrative or executive functtons
admini strative di scretion is exercised arbitrarily or improperly it can be challe nged in the court of
Singh AIR 1954 SC 520/.
law and the judge would declare it as unlawful and set it aside. Thus the ordinance issued by the • 10 ,he Doctrine of
State Government delaying the election of the local bodies is arbitrary and unconstitutional. 5. What is !aches ? uitablc one or on
ii) Can High Court quash the ordinance promulgated by Governor under the power 01 Answer : This
judicial review. !aches it mean
Answer: Yes if the Governor's act is unconstitutional it can be quashed by the High Court.

Q. 4 : Answer : Any Four : ~ 6. Explain 'acting mech

1. Define Administrative Jaw . Give reasons for the growth of Administrative Jaw. Answer : When an aut
2. Di scuss the Doctrine o f Rule of Law in the light o f Indian Constitution. of public its mind to the fact
3. What is a Public Corporation ? What are the various m easures of control mechanical! . It amo
corpo rations ? . . f . udgnients 1· What is conditional l · · ?
4. What ts natural Jusll ce? Elaborate the princ ipl es o f Natural Justice with the he lp O J Answer : Cond1t1ona
of Supre me C ourt. . public
the _are to o mto Smtute.
5. De fine the term " Civ il Service". Di scuss the functions powers and duties of Umon
Se rvice Commi ssion . ' ~
8· Define administrative hnv. LaW
6. Elaborate the Theory o f Separation of power as propounde d by Monesquieu.
Answer : " Adminisrrauve_
~
 212. Aut/rm· - Pro . Pr

. . . . . •s the law rclallll , to the administration. It

, 1
Answer : ··Admm 1st rativcd Ia,\
or ani salion owcrs and utu.:s
;r the admi nistrative authorities" Definition

Jenni ngs].

9. What is pecuniary bias_? hen the ad ·udicator has moneta -economic int
Answer : Pccunia ' Bias anses ~\nierest ii; the sub ·ect matter of liti ation di s uali;r~st in lhc
sub ·cct matter of dis ulc . Pccuma cs a crson
fro m acting as a Judge.

1o. What is speaking o rd er ? an orders eakin for itself. Eve order must contain ,
Answer : A s . cakin order means reasons
in suppon of iL

Q. 2 : Write short notes on Any _Four:

t. Central Vigilance Comm1ss1on.
2. Kinds of Corporation. . of hi s_case_and lo reb ut the evidence reduced a~ainst
3. lnstirutional Decision . ivmg him fair hean no. lo conditions must be satisfied - i)
4. Separation of power. . . _ Proper _and suffi cient f-learino must be oiven to him.
5. Estoppel and Waiver. ns of Article 311 of the Constttutton of India must be satisfied.
6. Public Interest Litigation. Since the principle of natural justice is violated in the above case. the order passed bv the
Directorate of Enforcement becomes arbitrarv and void. The order therefore 1s liable to be set aside.
Q. 3 : Answer the situational based questions : = 12.
Q. 4: Answer Any Four in detail :
1l The candidates at secondary school examination of the board at one centre indulged in mass copying. l) Define administrative law. Discuss its narure and scope.
The board cancelled the examination of all subjects and reschedules the exam. Few candidates 2) What is delegated legislation? Discuss its importance in "e lfare sta te.
challenged on the ground of no opportunity had been given to them to show cause before passing the 3) Discuss the Principle of natural j ustice with re_Ie,amcase la"5.
order. 4) Discuss how judiciary controls the adm101strat1ve_act1ons.
a) Whether any principle of law violated here ? How ? 5) What is corporation ? Discuss its ri ghts and functions.
Answer : The m axim " audi alteram partem" means - " no one shall be condemned unheard". This is 6) Discuss in short :
the principle of natural Justice. There must be fairness on the part of deciding authority. According to a) Government contract. .
this principle reasonable opportunity must be given to person before taking any action or an action b) Classification of Administrative Functions.
affecting him . c) Legitimate Expectation.
The rul e insists that the affected person must be given an opportunity to have his say in the matter, lo
produce evidence in support of his case. He should be given an opportunity to rebut the evidence
produced by the other party i.e. Board. To constitute fair hearing the following conditions mu st be
satisfied - a) Noti ce· and b) Hearing.
b) Was issuing show cause in this case necessary? Why?
Answer : Yes it is in the paramount interest of the students to give them fair opportunity of hean_!!g
. L [30]
[November, 2016 (25.11.16)]

so that they may show cause that is they may give an explanation or clarification as to hoW$.: 'With So{utianS
scheduling of exam. is not necessary etc.
2) D. · I' · ·· mployee N,R,: l) Attempt all questions. . te full marks.
tsctp mary actton was taken by the chairman against an employee. As per the provision, e d f
0
challenged this order to the Board of Directors. Chairman was ex-officio member of the Boar 2) Figures to the right mdtca nt case laws.
=20.
Directors. He participated in the meeting called for considering the appeal. 3) Support yo ur answers with re Ie,·a
a) Can c~airman participate in the meeting called for considering appeal ? How ? e a cal Q, 1 : Answer in Two sentences :
Answer : No the Chairman cannot participate in the meeting called for considering ~
becaus~ 11 is the Chairman who had taken a disciplinary action against an employee . I . • f nction '?
· What is quasi-judicial u
b) Which principle is involved here? Explain. . .. 1ta1
1 A_nswer: \April 201:!1 _ •
· · 1e o f natural msltce
Answer ·· He re. th e prmctp · · ts · v iolated It is the princ mle
· o f na t u r
c ~ ,. 'fhC
"No man can b
.
· d · h. ·
e a u em _,s _own cause" Nemo de bet esse ·udex in ro na
· causa · . I
e ini aruu_
1. What is Subordinate Legislatton ·
re utrement accordm to this nnc1 le is that a erson who · ud es in the matter should b kind 01
nd
a free from an kind of bias. He cannot ad·udi cate a cause in w hich he himself has an
- 214 .

. . which rocceds from the Su >rcmc or Sovcrc·

A uthor -

Answer : The Le,isl_atton ... And the Le islation which roceeds from
called "Su reme Le ,slatton .
1
. t tc is called "Subordinate Le islati

f the C how re-schcduli

ee d 1 1 d le islation b actin as watch- o . t scrutm1ses the le is his case is after in nnci le of natura
conrrol over lhe c e ~ e b made so as to avoid the violation of the Constitutional prov· . n lllade n can be cancelled O e Univcrsit if i
or legtslanon propose to e ~
case it ma not be nee evidence adduced therein
4 _ Define the Doctrine of Laissez Faire. . . . e\lation of the exam inati on. rtumtv to the students ab
i\nswer : The doctrine of Laissez Faire ts a ne attve conce t of the state. It means th
~ana ement of social and economic life of the eo l~/soc1e was not .considered as th: (l ) Mr. 'A' made the highest bid at an auction for the development of G .
responsibilitv of the government. ln the present scenano ti ts}he respons1b1hty ,?f the s ~ the Collector o f the region. Mr. ' A' deposited half of th . hat. The btd was accepted bv
positive concept} and therefore state 1s considered not as a hassez faire state but a • ~
Provisional permit was granted to him. Mr · •A· was puet tn _auction money with the Government and
possession of th Gh
state ... he spent large amount of money for the development of th Gh e at. and thereafter.
to settle the Ghat deal with another person. Mr. ' A ' challene ed ~L later. the Government wanted
5. What is post decisional hearing ? approached the Court. g ,s action of the Government and
Answer : (November.2008).
Question:
6. State two functions of Civil Servants. (a) Which Writ can be issued in the above matter ?
Answer : I) They advi se ministers and implement Government policies· 2) They supervise all Answer : The Writ of Mandamus can be issued in the above matter.
aspects in governance of the country 3) They perform quasi-judicial and legislative functions· 4} (b) Does doctrine of estoppel apply in the above case ?
They maintain public relation etc. [Anv Two J. Answer : yes . the doctrine of estoppel applies in the above case . .-\Iler depositmo the moncv bv
' A' the authonty has granted him a provisional permit and invested laroe amount of monev for the
7. Define Henrv VIII Clause. purpose of the work in such a situation the Government is estooped from denvmo the contract of
Answer : H~nry Y IU Clause in relation to delegated legislation means that the executive is ghat and deal w ith another person.
empowered to vary the provisions of the Act itself. Herny VIII Clause is also called as
"exceptional delegation". (3) Mr. ' Y ' was appointed as senior officer in the Go1emmenc departmen, though he was not
educationally and experience-wise qualified fo r the post.
8. What is conditional legislation ? Question:
Answer: [April 20 16). (a) What can be done to oppose such an appointment °?
Answer: Mr. ' Y 's appointment can be challen2ed bv wav offilin° the Writ ofOuo l\'arrnnto
9. Define the substantive ultra-vires.
Answer: [December 20 14). (b) Is there any remedy available ? . . . this ca.se
Answer : The remedy of Quo Warranto 1s ava,labk m ·
10. What is Speaking Order ? (c) Explain the remedy available in details: . dia the Writ of uo Warrnnto can be fikd in
1
Answer: (April 201 61. Answer : Under Article 226 of the Consnrunon ? n . iied
1
the High Court in order to get the order of Mr. ·Y can,e
Q. 2 : Write short notes on (Any Four) : =48.
I. Right to Information. Q, 4 : Answer Any Four in detail : - for its growth. .
2. Separation of Powers. . L Di ·cuss the reaso0 > f , rkin" oftnbunals.
a) Defi ne the Administrattve aw .. > . • .th ·pecial r(ference O " 0 0

3. Legitimate Expectation . b) Discuss the principles of natunilJusn~e w'. '

Committee on Publi c Undertakings (COPU). . . , . . I _ f Ruk ot La" · . . .
4. c) Discuss Dicey s pnnctp e, 0 . . . •e action. . E loin ihe class1fica11on of
S. Doctnne of Proportionality. d) E . . . . I f adin1mstr:in, . f ·orporauon. ,p'
xpl am JUdtctal contro O • • , ·lnr,tcterisncs o '
6. Kinds of Bias. e) What is corporation ? Discus, t1l < ' '

Q. 3 : Answer the situational based questions : __ft corporation. . . two) :

I) Explain the fo llowmg (,,ny
( ) Th . · ecord bttl I ) Droit Administrati tl .
I . e U01vers1ty cancell ed the examination of few students after verifying the attendance r ·0•11io11.
2) Vigil ance Commi ssion.
wltho~t g1vmg them any notice. However, these students had actually appeared at the exatnt '
Q uestion: 3) O mbudsman.
.........
217.
Q, 3 .• Answer the situational uestions Author - p p
ro . rakas/, K. Moka/.
Mr. Ramesh was workin g as head clerk • th "' l2.
a) h d f . in e collector offi M
office on t e groun o corruptton wi thout any int" . ce. ' r. Ramesh was remov d fr
tmatton. Mr Ra h fi c om
Court.
i) Is the removal of Ramesh correct. Give reasons. · mes tied a petition in the Hioh ~
Please check whether you have got the right question paper. Answer : No the removal of Ramesh from his office is not co . _
.\".B. : I) figures to the right indicate full marks. about the same was 1ven to Ramesh. nor anv O nu . _rrect. It ts 11lcgal as no intimat"o
ii) On w h a t groun d R amesh can file petition in oth nnv
ff hofCbc1no- .heard has been °iven to him.t n
Q. I : Answer in Oneffwo sentences : Answer : Since the rinci le of natural ·ustice _ ..; dig ourt in the above situation ?
case The erson affected b the order should b . u I aIteram anem·· is viola1ed in the above
a) Define Administrative Law.
Answer: (ApriL20!6l.
any ~rder or taking any action. e given an °
onuni tv to be heard before assing
The order of removal amounts to be arbitrarv and v ·d • . ..
b) Write the requisites of a Government contract 311 of the Constitution of India. and therefore. lia: I~ t n~ vio~a;;ve of the rov1s1ons of Anicle
0
Answer: (April.2016: April.2015· November. I I]. petition filed before the High Court. e c a enged and set aside in a Writ

c) What is droit administrative ?

Answer: April.20141. b) In the _State of Dakshin Pradesh few members were nom inated by the Governor in Legislaiivc
Council. Nommattons of few members to the State Legislative Counci l by the Govem~r were
d) What do )·ou understand by injunction? challenged on the ground that nominations are not as per Jaw.
i) Can such nomin~tions he challenged on the ground that nominations are not as per law.
Answer : An ' in .unction ' is an order of the court of ·ustice directin the defendant to d
Answer : Yes nommattons can be challenged on the !!round that the nominations are made as er
sitive act or r ~e the commission or continuance of some rohibito act causin ;. some the law by way of filing a Writ petition in the Hieb Coun.
the plaintiff. It may be interim (temporary) or perpetual (permanent). u to ii) Can such nominations be challenged ? Gin reasons.
e) What is speaking order?
Answer : Yes such nominations can be challenged as thev \Vere made wi thout followi ng the
Answer: (April.20161 provisions of law.

f) What is sub-delegation ?
Answer: (April.201ll c) An order was issued by the Central Bureau of Film Cenification (C BFC) to delete certain scenes
from the film on the ground of obscenity. The producer and director reti.Jsed to fo llow the order
and challenged it in the High Court on the ground that CBFC should only ceni fy the film s.
g) What are the different types of public corporations ? i) On what grounds such order be challenged ?
Answer: (Apnl.20151
Answer : The order passed bv the CBFC can be challenged on the ground of the doctrine of ultra
h) Write the concept oflegitimate expectation vires (Le. beyond the powers\. .
Answer: (ApriL201a . ") I . . h derby CBFC justified? Gn•e reasons.
U s the act of 1ssumg sue or h · d bv CBFC cannot be ju;tified on the <>round that it has
iJ What is post-decisional bearing ?
Answer : (Nnvember 200§1
Answer : The act of tssumg sue or er
exceeded the powers given to it. The_act 0 the !CBFC
amo
unts to ultra vires and therefore is not
binding on the producer or director 01 the ttlm.
j) Who is an Ombudsman ?
Answer: (April 201§1 =48.
Q. 4: Answer Any Four: . h th h Ip oflandmarkjudgemenrs in the Indian
a) What is Rule of Law ? Discuss the concept wit e e
Q. 2 : Short notes An Four
. . I fS reme Court judgements.
a} Judicial review. scenario. . . I f natural justice with the hep o . up rmissible delegated legis lation ?
b) Exp lam the prtnctp es_o . ? What is pennissible and tmpe
b) Doctrine of separation of powe c) What is delegated k g1slatt0n · t ? Give important cases.
c) Tribunal. r. • T Of Govemmen · . th h Ip of case 1aws.
d) What is tortuous ltabt tty th . ortance of Writs wtth e e the power of authorities in
d) Parliamentary control o d e) What are Writs ? Explain e imp_ · e discretion. Explam
e) A. K. Kraipak v/s Un·over f~egated legislation. f admm1stranv
f) ~iscuss the_ con~ept \cies of Government.
f) Ridge v/s. Baldwi~. i n o d1a. 1mplementat10n ol the po
I
218.
219.

2 : (i)
Write s hort not_c s o n A n Fo ur : A11t/1or - Pro . Prakus/i K. Moka /.
[32] Q, Dro 1utAdmm1stratif.
[December, 2017 (15.12.17)] (ii) Right to Informati on Act, 2005. = 20.
(iii) Mam features of the Corporations.
(iv) Lok Pal.
'Witli So(utions (v) Tortious Liabi lity of the Government
(vi) A.K. Kraipak v/s. Union of india. ·
l\. B. : I. Figures to the right indi~ate full _marks. aws.
2. Support your answers with rele, ant case I
Q. 3 : Answer the situational based questions (Anv Two) :
Q. 1 : Answer in Oneffwo sentences : - = 12.
!. A candidate _was debarred from appearing in the B. Com. Examination for .
(i) What is the meaning of 'Welfare State' ? . . . . eans. The evidence of _the witnesses was not taken in the candidate' s one year for using unfair
Answer : Welfare state means. the state exerc1sm ubhc ower fo r_achievement of socio. tn ortunity to cross examine the witnesses. presence nor was given an
economic oses and erfonnance_of numerous ~chon~, for . ubhc welfare b the state. opp · ' I f Ad . ' t t' L ·
(i) Which prmc1~ e _o mm,s ra 1ve . aw 1s violated in this case? Explain .
Thus. the "welfare slate'' _is the "pubh c-s_erv,ce state or the serv1ce-prov1der state" to ~ Answer :_The, rmc1 le of Natural Justice - "Audi -~ltcram .artem" is violated in this case. Accordin ,
inter alia social. economic and poht1cal mstJce. (Nov. 11). this nnc le 'No one shall be ~ondemned unheard 1.e. their must be fairness on the art of the dccidin10
1
What is the definition of Administrative Law given by Dicey ? authori . Reasonable o . ?rturu must ~e given to a erson before taking anv such action aeamst him.
(ii) (ii) Write your own opm1on as an advice to the candidate.
Answer : "Administrative Law" is - I} that portion of nation 's legal system which detennines
Answer : The candidate can challenge the decision taken against him bv filin o a Writ Petition m the Hil!h
the JegaJ srarus and liabilities of the state officials· 2) that which defines the rights and
Court or the Supreme Court. The principle of Natural Justice demands that 1he person must be given
liabilities of private individuals in their dealings with the public officials· and 3) that which sufficient opportunity to produce evidence in support of his case and to rebut the evidence produced
specifies the procedure bv which these rights and liabilities are enforced. against him by the opposite party. For the purpose of 0 iving him fai r hearino. t\\ Oconditions must be
(iii) Defin e Conditional Legislation. satisfied - ]) Proper Notice must be given to him· and 2) Proper and sufllcieni Hearino must be 01vcn to
Answer: (Nov. I 6: Apr. 16· Apr. I] · Nov.08· Nov. 06). him.

(iv) Wh at is Henrv YIU Clau se ? 2. Mr. Ram an Engineer, working in Military Engineering Services was removed by. an au1hori1y
Answer: [No~. I 6: Nov. 15· Apr. I 51. subordinate to that by which he was appointed. Mr. Ram challenged his remova l as v10la11on ot Article
311 of the Constitution. .
(v) Prerogative writs can be issued by which Court ? (i) Does the removal amount to violation of right under ..\rticle 3 11 _? Explarn. . , .
Answer : [Nov.13: Apr.09· Nov.071. Answer : N o the removal of Mr. Ram does not amount to, ioiluon ol his n°ht under Aruck , 11 as 1lus
· · s
provision is not applicable to Militarv Engmeenno en . ices Thev are
.,
0 o,emed bv the Mil uarv Law

Give Latin maxim for this statement - "No man can ·be judge in his own cause". (") Wh · ti I i ouards under Article 3 11 · .
Answer: (Model O.P. 11: Apr.JO · Apr.09· Apr.08· Apr.07· Apr.06). u at are the Constitu ona sa e., . , , b< of m ,1 ser, ice <>f the Union or al all-India
3
Answer : Under Article 311 - "No person who is _a me_mun~er th< Union or a State shall be dismissed or
(vii) What is writ of Certiorari ? . h · • • · f St t or holds a cm 1oo,i
Answer : Writ of Certiorari is issued by a High Court or the Supreme Court to set aside I e
order of the inferior Court or Tribunal or judicial body or judicial authority who has acle~
given an order - I l without havin g jurisdiction· or 2) has exceeded its powers· or 3) has ab~
its power· or 4) has violated the principl es of natural justice· or 5) if there is error appa@L!!l
its order or judgement.
(viii) What is Locus Standi ? k a11
Answer : The Latin term "loc us standi" means the right of a person aggrieved t~
~
ac t'ion be,ore the court of law or before an appropriate forum . T hus th e ru Ie Of lo ~raise
means when a person who is aggrieved by any wrongful act done by another can~ I
ht1gat1on.
(ix) What is Social Service Co rporation ?
Answer : [Apr.16· Oct.091.
(x)
State two functi ons of the V igilance C ommiss ion.
Answer : fApr. 14· Nov .I OJ .
.........
1 0
-
- -~ - ~-!.!-~
Q. 4 : Ans"cr
-!.-!_J_l_
.! An!!._r._J ~ ~-7'-i<.2!:;2:0·~~~~~~~~~~~~A:'_~':'_
_:J!_!!!_!!_}~~-~~~-~-f-g~~~~~-;-
,· Four in detail :
~~
~
r --~-'-P:r:o_L:..f. _P
_r_u_ku.,1, I( 221.
Author - Pro . Prakasl, K M k l
I ofna iuralJ u,1,cc
Ii) Discuss the pnnc,p c fo r ,he growth of Admm1 strat1ve Law 1n lnd, a
Iii) F. the score and rcas0n, b I
(iii) E.xaminc I ,n dcu,,I 1hc character ,sues of Admm1s1rat1ve Tnh una d sf m India
/h ) ,xp ain 1 1on and enumerate various met o so parliamentary
Define dclcga1cd leg" a ' control Ol er
dclc,.atcd lcg"lauon ,n India . . . . .
•
D, scu" in dc1.a1 t c 1 h iheorv
·, of separat ion of powers m the light of Indi an Legal SY>lern.
2 : Write short notes on An y Four:
Q(') Admini strati ve T n bunals in India.
[33] (:l) Parliamentary Control over delegated legi,lation. = 20.
[April, 2018] ( .. ) Doctrin e of separation of power1.
/II ,:~) Droil Admini stratiff system in France.
(v) Supremacy of Law. . .
'Witli. Sofutums (vi) Nature and class1ficat1 on of civil services in India.

., .R. : I. Figun1, to the right indicate full marks. Q. 3: Answer the situational based questions [A nv Two j :
2. !.upport ynur answers with rek-vant case laws. = 12 .
I. A person is illegally detained by the police.
Q. I : An\wer in Oneffwo ~entenccs: (l) Can his wife file writ petition ? Which writ can be invoked b~ her ?
Answer : Yes the Writ of Habeas Co us can be filed bv the -.,re of a erson who ,s illeoall v
Ii/ What i, the difference between a 'Police State' and 'Welfare State' ? detained by the poli ce.
An,wer : IA m:,(19: Nov./1(,L
(ii) If wife is not alive, who can invoke writ jurisdiction ?
Iii) What i, the delinition of Administrative Law given by Ivor Jenning '! Answer : An a licalion fo r the Writ of Habeas Co us mav be made bv an, crson on behalf of
Am er : A r.13 · '" v. l I· A r.10· Anr.09· Anr.06 l. the detenuc or b the detenue himself but such a licauon fo r the IVnt of habeas Co u, canno1
be made b a stran ' Cr. So in thi s case if the wife i, no1 ali , e. anv near rela11ve of the detcnuc or
llii1 /Jcfin e Contin~ent Lcgi,latlon, the erson interested in the dctenuc mav fil e the Wm and in,oke the ·uri,d icuon of1he High Coun
"""•tr: r11,,n11r,&(:nf LA.:,ti~lati1m mean\ a l(:g islation which comes into effect aficr a particular under Article 226 or the Supreme Coun unda the Anicle 32.
v md ,1,,,,, 1 u ,ndi1 i,,11,, rncnl 11,nccf in ; uch le ,i lation is f'ulfillcd b the Administralivc
SJJlh1111Jy 2. The Director of Public Instruction refused to include a book fo r the ,chool sy llabus wrinen by Mr.
Ram . Mr. Ram wants to challenge the said refusal '° the Coun of La" ·
(i) Is any right of Mr. Ram violated ? Expl~in. . · h f \Ir Ram Wm canno1 be i. sued in
A . h' . h . no v10lauon ot anv ng to . .
_
nswer : N_o. m l 1s case _t ere _
,s , . .
lh1s case as 1l 1s the d1 scrc11on of the D,rec tor of Publ i, lnstrurnon to dec ide abou1 the books for

/ YI) Whal b a writ '!

L\ 11
IYJIJ

(viii/

<hJ

(x)
 223. A 111/ror - Pro . Prakash K. ,'vlokal.
_ ;1 111/ro r - rro . l'ruku,1, K
222 . lfokat
~hal i\ Henry VIII C\au\e?
ina11Q.11-1l Proper and ,u fficu;_n~ \ kaun11. mu,1 he ,._ , ~nswer : The mam ob eel of Henri VIII Clau, e r,pc of delc ea1cd le1!1slation is to remove c_ertain
him I i.,r -"" ic!Tll iuuon or 111 ,lta mus\ be s,1\lsflc<l . lL en~, 110
m11,1 he ~1\CO I ~ dirf,cultics. \<.ml! Henry V\\I , ucceedcd m rcmo, m'! all d1fficul 11es m the cnforce memof h1 s will
d on, ol ,\rt lCI i \ I of 1hc loo,11\ovcc in lh\\ case amounh lo \,c am_tirv v ~ rting to this type of delegation For eumple :S:a11onal Insurance Act. 19 1\ m En!!land
him, 1J( Oil I110 .,, ol ih __cmr ca- ~ - . . r \ <I" .,_,_,_ and
!hi" ihc ordci oi r "'"' ' I 111 or \he Con,11\u\1on o n ia /\ n<l lherefor.;-- I ' '11d The Hrnry Y\ll Clause type of dc\e 0 a\lon should be conferred on the executive onlv in
nd "ol i,, ' ol ih - ~,011 , 10 11, or AO•<~ \ on li\;;;i-bclorc lhc I-I i •h ·ourt under /\rtie\c 22f '"hie 1<,
II le Ill fl \\ nl p c 1 I .:..-- --1 ~ tiona\ cases lo remove difflcu\ue A r \ 5 '-o• .15 . ov . \ 6· Dcc.17 .
h , hall n~cd nod ,cl "'" hct"·c•·n ,\rtlclc 32 anti 226. .
(ill " ...i,c '"'' difft-rrn ~r, 'f"\ owcr 011 the Supreme Court to entertain the Writ Pctihr
,\ n," rr : IJ /l nidc '· c<•n lc T
f \he ciu,cn· /\rtic\c 226 confers ewer on the H~
',,,\all<"' of ihc \undnmcn1al rl£ ,1, " for violation of any fundamental ri ght or the . -oun of
State two function s of the l nion Public Service Co mmission.
Answer : I To conduct examma110n for a om1men1 10 1hc ,e rvice; of 1hc Union. 2 To assist
. ihc Wnl Pc111,on . Cl\i,~n- 2 ihosc States in framm g and opcratm0 ;ch"m" or 101n1 recrunmenl for anv services fo r which
" ~1111c 10 cn1crt,un d ri hi which uarantccs remed m case of infrin~ l ;;;;didatcs ossessin s ecial ua\1f1ca\1un, are re u1re<l. , o, .Ol\ A r. \ 3· /\ r. 15 .
/l rt,clc 12 " ,1,cll " fun amen,1"2211
more wider powers arc conferred on the High ~cmcn1 nt
1undnmcn1al ni;.hts;Unclci_,(' rt,c c ' rt ndcr Article 32 because the Hi •h Courth ~ What is the difference between limitation and \ache, ?
I ' • nj'ccl hj 1hc , u rcmc ou u . as ewer 10
1,c.l""' c" ' 1~ \her than the enforcement or fundamental n ,hts also. Y) Answer : A Writ Petition will be entertained for heann o 1f 11 ,, m hm11a11on pcn od under 1he
1" IC W 1l or the u m,C!\ o
rovisions rovidcd in the lndian L1m1tat1on .-\ c1· Whereas a \\ rll Pc111ion "'111 be 1hrown ou\ if
Q. 4 : An~wrr All\ !'our in detail :
Ill
_ _ .,
1-.xplam m dclail 1hc needs and importance of the Ombudsman m lnd,a.
:.1! the petitioner is guilty of Laches h .e. unreasonable de\a, 1 The pc1111oncr should be diligent in
pursuing is remedy and file his Wri\ Pem1on withm reasonable 11mc from 1hc dale of 1hc Order
(ii\ t xphun 1hc Judicial control over delegated ~cgtslallon. . . challenged. [1'1ov.\2· Apr.1 3· Apr. 16).
(ill) Whal " the ,mportancc or Audi /\llcram . Exp\am the maxim with reference 10 leading
ca}.c luw~. vi) What is Judicial Review ?
(h Whal arc 1hc various classiflcali_ons of public corporations in India ? Describe legal Slal\11 Answer : Judicial Review is Coun·,; po,.er 10 rc"e" 1he ae1tons of anolhcr branches of
I
and hubihlic, of public corporal10n. Government especially the Court's power to m,ahdate \e~b\au,e and i.:xc:cut1vc ac tions a:-. bcin ,
(\') Wrilc in detail the nature and scope of Administrative Law and state the reasons for i~ unconstitutional {Apr.09· Nov. \3 · Apr.18\. - ~
growth in lndia.
Ml Explain the lortious liability of the lndian Government with the help of Apex Coun vii) State two characteristics of Administrative Tribunals.
Answer : l) Statutory ori•in: 2\ Trappmg of Coun: 31 Eniru,1ed "1\h a )Udic ial power of the
Judgcmcnl>.
State· 4) Possess powers of a Court: 5\ No\ bound bv ,;met rules of e, 1dencc and procedure w 11 •
two. {Apr.09).
l34l viii) What is a speaking order?
Answer : Speaking order means an order speak.in\!. for ltsd f. EH:rv ordt!'r must contain reasons in
\\I [January, 2019 (02.01.19)1
support of it. £May \2· Dec. \4: Aor.1 5: .-\or. 16: No, .\6 -\or I' \

ix) What is the meaning of "Salus Popu\i Est Suprema Lu" "'.
'Witli. SoCutions Answer : ll means " Public welfare i,; 1he hi.,hest b" .. 1 o, .11. A r 13 -
N f' Pl ca5c check whether you have got the righl question paper
· 11 · : I · ,gum 10 l11c right indicate full marks. · x) What is the concept of Legitimate E.xpectation" ~ , _ _ _
Answer : 1he doctrine of k-'itima1e e, e1011on bdoo•, to th, J_omam or - ubhc law and ,s
2. Support your answers with relevant case laws. intended to ive relief \O 1hc co le when the, are not able \O us1ti\ lhClf c\a:ms on \he basis of
\aw in the strict sense of 1he \erm 1ho11"h th< had sullered a el\,\ cons:' '."nee hc: ausc \heir
~- I : Answer in short (Not more than Two sentences) : =], .. . .- \ d The term ·le,!lllmate c, cc1a1ton wos first u, cd b Lord
I) Whal is• Writ., le 1ttmate ex ectaoon has b1..-en ,..,o :ll~ · ~ , .. cti 1ht: ~ltion of a sl 'llifh.:ant doclrinc of mhlic
Dennin in \ %CJ and from \ha\ 11me 11 h:15 :is,um ·
Answer : Writ ~ cans Court' . law in almost all ·urisdictions. A r.\S·A r.\ ? ·
·x . · . · s Wntlcn order in tlic name of a State or other comoetenl I~ IOI
c ccu11ve authon1y comm· d"
21 ( - an mg l11c add - ·I = 20.
· ' and 32 of the Constitution fl d' ressec lo do or refrain from doing specific act~ Q. 2: Write short notes \Any Four\:
SI u rcmc Court of India res c~tiv~I ia _con~c_r~ the nmver of issuing Writs on High Courts~
111 case of mfnn •cmcnt or violation or fundamental n hll i) Diccy's Docuinc of Ruic of Law .
_Nov. IS· Apr.\81
ii) Civil Services in India.
ii) iii) Kinds llf \'ublic C'orporo\ion, .
What is sub-delegation .,
Answer : When Statul . ., . iv) Droit /\,\minis,,11iff.
1
further v) Ombudsmai1.
d I .delc ,a1cs I1ios on le I•1slativ
° C owcrs on \he cxecul1vc aulhonl al
c cgallon. \M;!y 12· A not icr subordinak authorit or a enc \'i) Ritlgc vis. Ba\dw111.
z 224,

· s An , Two
A 111/ror - Pro . Prak<1s/, I( A
• 10 kat.
225. A 11thor - Prol Prakash K. Mokal.

. I based uestion "' 12,

Q · 3 .· Answer the situanona . .
b granted school leavmg cert,ficate unless h [35]
. n would nol e . \ c had
i) Rules pro,,ded that per.so r the Director was given power o grant exemption f [May, 2019 (03.05.19)]
completed fifteen year.; of age. Howevcd. serving cases. But the Director made an invariabl ro,n
· · mstances 111 e · f c l\llc
this rule under certain c:;~~ only if the per.;on has c?mpleted tlurteen years o age.
that he ,_,11 grant cxemp . istrative discretion ? 'Witn So{utums
a) What is the meaning of Admm . d·,scretion as - "Whenever there is a discretion the .
. d ti adm1mstratwe . . re 1s a Please check whether you have O 0 I th . h .
Answer : Dice, e nes . blic no less than monarch d1screttona authori ~
room for arbitranncss and th at 10 a re ; uri for le al freedom on the art of its sub·ect nI e 1. Figures to the right indicate full marks. ~ e rt g t qu eSIIOn paper.
art of the Govcmm~ntbm~:;;:~~;r be challenged ? Give reason. · 2. Support your answers with relevant case laws.
b) Can the rule ma e )b' h \lenged on the ground of unreasonableness. The administraf
.\ swer . Yes tt can e c a -
· n . · . d.
. bl f .
tionary power with utmost reasona eness. I 11 acts witho 1
-ll! Q. 1 : Answer in One/Two sentences :
authonty must use tts ,sere . dd ·· Th I d b h · -.IL
20.
reasonableness the Court can set aside its order.; an ec1S1ons. e ru e ma e y t e Dtrecto~ What are the two sources of Administrative Law ?
also ultra-l'ires or beyond its' powers. Answer : The main sources o_f A_dministrative Law are I) The Const1tu11onal Law· 2)
Statutes/ Acts· 3 Dele ated Le 1slat1on: 4 Rules and Re•ulal!ons· Ord inances· 6 Judicia l
A contractor constructed a building at the request of a Government officer. The possession was Decisions· 7) Principles of Natural Justice: etc.
ii)
obtained by the officer and the building was used by the Government; but not payment was made
to the contractor. It was contended that the provisions of Article 299 (I) of the Constitution bad ii) What is the Doctrine of Laissez Faire ?
not been fulfilled and therefore, the contract was not enforceable. Answer : The Doctrine of Laissez Faire (SoVIel Russia Tzaris1 reo1me pre, ailed till Soviet
a) What is the p~o,ision of Article 299 (1) of the Constitution ? Revolution in 1917) is a negative concept of the state. II means 1he manancmenl of social and
Answer : Article 299 (I) states that - The governrnent contract must he expressed to be made by economic life of the people/societv was not considered as the responsib1htv of the Go, ernmcn1.
the President or the Governor of the State i.e. the contract must be made in the name of tbe The state was considered to be the state to control its people b pumn° res1nc11ons on 1hcm. In the
President or the Governor. as the case may be. present scenario it is the responsibilitv of the stale (i.e. the posm,e concep1) and therefore slate is
b) What can the contractor do in these circumstances? considered not as a "liassez faire" but a "welfare state". [No, . 16 ).
Answer : If the contract is not made in the manner prescribed by Article 299 as stated above the
person aggrieved i.e. the contractor in this case can sue the person who has executed the contract iii) What are the three main organs of the State ·~
on behalf of the Government (i .e. the Government officer) and claim the money payment due to Answer : Legislative Executive and Judiciarv are the thr~ oruans ot' 1he Go,crnmcnt. Func1ions
him. The Government officer can be held liable personally. Legislature to make laws· Executive to impkment la"s: Jud1c1ar. 10 mtemrct and enfo rce laws.
[Apr.06· Apr.07· Apr.08: Apr.09· Apr.10: Mav. 12: ..\pr.I S]
iii) Mr. Y was appointed as senior officer in the government department though he was not
iv) What is the meaning of "Nemo Debet Esse Judex 1~ Propria Causa·_'! .
educationally and experience-wise qualified for the post. Answer : ''No one should be a Jud•e in his own caus~ • L.\pr.06 ..\pr.0 7 ..\pr.O~ Apr.09 · AQ!JQ,
a) Can anyone oppose such appointment?
Answer : Mr. y· s appointment can be challenged by way of filing the Writ of Quo Warranto b,YJ Dec.17· Dec.18) .
person who is otherwise quahfied and deserving to be appointed as senior officer but not .JQ v) bl' h ent of Public Corporation.
appointed. State any two reaso_ns for the es~a :Sc:nstirution oi India the Seate can earn on anv trade or
Answer : Under Article 19 (6) 01 th . ed or controlled b, 11 co the com !etc or artial
b) Explain the remedy available in these circumstances . h rauonown . .
tndust b itself or throu• a CO • bl ·h enl oi ublic co orauons : Pub he co orations
~nswer: Und e: Article 226 of the Constitution of India the Writ of Quo Warranto can be fil~ exclusion of its citizens. The reason for e,la "_m • im ro\'in•• the socio-economic well-bei ng_.Qf
t e High Coun m order lo get the order of Mr. y cancelled. are lished b the Government W11h a ob socict,. To achieve this •oal as laiJ
the le and settin , u in the co~trv a shall endeavor to direct ils ,olicv
Q. 4 : ~xplain in detail iAny Four) : __::J1 do, the Directive Princi Ies ol th e commun11 arc d1stnbut_cd to
1) Define Administrative Law Di • th h· d control ic svstcm docs not result 111 the

t
ii) Explain the theory of S · . scuss tts scope and reasons for its growth.
iii) Discuss the Principles :a;:t;on Powers _in the light of Indian legal system.
iv) Examine the grounds fo . ~-ural JuSlice Wtth the help of Supreme Court judgements.
a the owners I an
subserve the common ,ood an
concentration of wealth ;md means
db deuimenl - Anicle 39 b & c

v) What is Tanious liabilityr ~~Gicia control of Delegated Legislation. lliov .15· Apr.16j. . after a arti ·
') An overnment ? Give ·
v1 swer any two : a) CBI b) R' h · important cases. l'i) What is contingent leg· tion '! uativc nu th
· ig I to know. c) Doctrine of Proportionality .
Answer : Conlin ent k
condition or conditions 1
lAmlli
 227. !1 111/11,r - Pro . Prakash K. Moku l.
. The doctrine of Pleasure owe~ its ori •tn lo Common Law . The rule m 1:n •land was that a

-~
1
i\0 wcr~anl can hold his offi ce <lurin ' the lca, urc of the Crown and the , crvicc will be tcrmmatcd
vii)
. . · · d·c·a\ func110n ts an"' .
civtl ume
sc the Crown wishes. The same . rule is a lied in India · Article 31() (Jr the Ind ian Con, litution
funcuons· unst- u 1 i. ao Orates the common law doctnnc of leasure. J\n1cle 310 stale, that ever cf>on who is a
. .
111orit r other than .ordmm - cb 1 ber of a defence. serv •ice or o f a c1·v1l· service of the Union or of an J\11-lndta Serv ice or hold, any
·oco
of t\1cm. Tn'bun.al is •ad_udtcatm' . au asi-judicia\ func11on and 1s oun
administrati\'e bod, which pcrlonns gu~\rusled 10 ii. The \enn ' tribunal' in ~ nected with defence or an civil ost under the ni on holds such offi ce durt n" the lcasurc
natural ·u,11cc \\htk dcc1dm the ,ssuc c
_- . .
. . db \ S
d.udicatino bodies consll\ute
h
11e tale a
.
f he President' And eve
. . -
erson who 1s a member of a ctvtl , crvtce of a State or hold, an c1v1I
. .
and amb11 of 1ts meanm a11 a . fu f 0
~t under a State. holds such office during the pleasure of the Governor
10 nerfom1 different from administtative or execu\we nc rnns._ . .
An administrative order is based on ovemmen\a\ o\ic . Admm1strat1ve a~thori . ~ s _the dismissal of Mr• X by the Deputy Commissio ner of Police violat e any right of Mr. X
the rules of eYidence and strict rocedure unless \he relevant Statute s ec1fica\\ ,£,xplam, . .
ob\i ation. Administrative functions ma be de\e ated and sub-de\e _ated _un\es A swer : Yes the d1sm1ssa\ of Mr. X by the Deputy Commissioner '1olate, his fu ndamental ri ght
bar or rohibition in the Statute. Administrative authont ma use its discretion w ~,ty Commissioner is not empowered to remove him from his services
decision. {Nov.\0· Nov. \ l · Apr.\4· Nov. \6).
The petitioner was appoi_nted as an honorary Pediatrician m a Distnct ho, pital through pro per
Yiii) What is non-sovereign function ? C) Selection Board. His appomtment was suspended, due to interim stay granted by the Lokayukta on the
Answer : Non-sovereign functions are those actions of the srate for which it is not answerable in complaint made by one of the candidate for the post. The petitioner filed a Wnt Petiuon under r\ nicle
any coun of \aw. In such cases doctrine of defence to sovereign ~mmumty does not apply.~ 226, challenging the Lokayukta' s action.
sovereitm function is an act done by the md1v1dual without havmg power delegated to hi; ; i) Whether the Lokayukta has jurisdiction to review the appointment ? E,plain.
behalf of the State. For which state cannot be held hable. - Answer : Yes the Lokayukta has the jurisdiction to review the appomtment.
ii) What are the basic objects for the appointment of Lokayukta in the State of :\laharashtra ?
ix) What is a Writ of Prohibition?
Answer : The basic object is to investigate into comp\amts and to make repon which 1>
Answer : Writ of_prohibition will lie to arrest or stop the further continuance of proceedi
where the proceedmes are still pending. Writ of prohibition is issued before the decision is g'ill.!. recommendatory in nature.
by the judicial authority. tven = 48.
Q. 4 : Answer Anv Four in detail : _. _ _ _
x) What is prohibitory injunction ? m
a) Explain in detail Nature and Scope of Admm1s1ra11ve Law India.
Ans_wer : A prohibitorv injunction forbids a defendant to do a wrongful act which would be an b) Explain the maxim "Audi A\teram Partem" with landmark Judgments. _
mfringement of some ngbt of the plaintiff legal or equitable. [Oct. 09· Nov. 07). c) Discuss the doctrine of Rule of Law in the ltght of Indian Consutunon and wtth help of
landmark judgments in India. ._ _ _
Q. 2 : Write short notes on Anv Four: =20. d) Discuss the characteristics of AdmmtSttattve Tnbunals.
i) Contractual Liability of Government. . . n and discuss in detail the control of public corporanon.
e) Detime publ\C corpora1to . - s for its orowth
~) Advantages of Administrative Adjudication. f) Define Delegated Legislation and exp\am the rea,on ° ·
m) Theory of Separation of Power.
iv) Quo-Warranto.
v) Transparency and Right to lnfonnation
vi) Judicial Review. ·

Q. 3 : Answer the situational based questions \Any Twol : = 12.

[ l361
lDecember, 2019 l12.12.19)l

A) A jeep was owned and maintained b h S . . <Witli SoCutionS

driver was bringing the jeep b k ;/ t e tale for the official use of the District Collector. Whtie the
negligent driving who died \at oHm the workshop, it knocked down a pedestrian by the rash and •ou bave got tbe righl question paper.
er on. ts widow sued th d ·
1') Wh·1cb liability' is applicable d · Please check whether) = 20.
in th' . e nver an claimed for damages. than 'fwo sentencesili.:----------~
Answer : The Vicarious Liabilit . is cal_se ? Exp lam the liability. Q. l : Answer in short not more
another erson is liable For thY is app tcable in th'ts case. For the wrongful act done by one PS!=
rson
. ' er the Right to InIorm
ation ~ct.
.
· e act of em lo e - . t the
~-mp1over/master or principal is liable. e or a ent m the course of his em lo men a) Define ' informal!On as P \hl,.
u) Whether the principle of "Kin d Answer: \Apr.\0· Apr.\ S· Apr. ·
Answer : No this rinci le cannoi\:a~ado no wrong" will be applicable in this case? Explain, . a Government Contruct. r ti· A ,.16- A r.17 .
e a hcab\e in this case b) State any two requisites of d . A r.10· Nov .\ 1 A ·
8 Answer : Model .Pa er · \.
) Mr. X_, a ~ember of Calcutta Police Force w . \ice
was dismissed by Deputy Com · - ' ho had been appointed by the Commissioner of Po . Id cision'?
i) What is D t · mtssrnner of Police c) What is an ' \nstitut1011u e
oc rme of Pleasure ? · Answer : {Nov . \Ql

V
 229. A11thor ProC Prukush K. Mok,,/,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _Jl~!,__- - - --"'A-"11,,_t/,_,rn"-r_- _P,_r,_,o"-C'-',_Pura!.!k;J!l·asl, I(
. ~ ~ er: {Refer Novem_bcr 10 Question No. 3 (a) (i)).
- ii) Write the Judgcent in the above case.
d) Whal is official bias ? ~ e r : [Refer November 10 Question No. 3 (a) !ii} ).
Answer : [Nov. I01
. Answer the following 1Anv Four ! :
e) Define Delegated Legislation. 10· Nov 11 . Nov.13· A r.14· Dec. 14 . 4 48.
Answer: A r.07· A r.09· Nov. . Q, • -•) Define Administrative
. • d Law
• and explai n the sources of Ad m1ms - L
· · 1ra 11ve aw
b) Discuss the D
. tcey s octnne of Rule of Law with relevant case laws. .
f) DefineOmbudsman. .A r.l3·A r.]4·A r.16-A r.1 7. c) Explatn the JUdtcta\ control over delegated legislation
Answer: A r.l 1- Ma ' 12· d) Explain Audi A\teram Partem Rule. ·
f Government and their functions ? e) Explain the doctrme of Proportionality.
g) What are the three organs o
Answer: fMav 12· May 19]. f) Define Public lntereSt Ltligation. Discuss the role of the Supreme Court of India as a protector
of rights through PIL.
h) Whal is Substantial Ultra vires?
Answer: [May 12· Dec.14· Nov. 16].
i) What is the meaning of speaking order ?
Answer : (Dcc.14· Apr.JS · Apr.16' Nov.16' Apr.17· January 191.

[
j) State any two functions of Union Public Service Commission.

i
Answer: [Nov.OS· May 12· Apr.13· Apr.IS· January 191.
{37}
[May, 2020 K.T. Exam Cancelled]
Q. 2 : Write short notes on !An" Four) : =20.
a) Droit Administratif.
b) Separation of power. Examination Question Paper Pattern (New) w.e.f. May. 2020 till Date.
c) A. K. Kraipak v/s. Union of India.
d) Right to lnfonnation Act. [For Off-line Exam I
e) Parliamentary control over Delegated Legislation. For S year Course S'h to B'h & Three Years Course 1st to 4' h Semester Exam)
f) Central Vigilance Commission.
This New Question Paper Pattern consists of Four Questions for 60 marks.
Q. 3 : Solve Anv Two : = 12.
They are divided as under -
a) Miss Varsha, an !AS officer working as Sub-Divisional Officer under the State Government. I. Short answers (each not more than two sentences) Anv 6- out o~ 10 - -~ ~larks each. "._ I;· Marks:_
Wh_ile imparting he~ legal duties, she had taken some stringent actions against \and mafias in ber 2. Short explanatory or Analytical notes Any Two - out of Four - ) mark_, each. - 1-. Marks,
3 S'tu · b - T t ofFour(numberofsub-d1vts1onquesuons notmore thantwo
d1v1s1on. Due to political pressure, she was suspended from her office. , 1 atton ased questions any wo ou = 12 Marks:
i) Guide Miss Var-sba to reinstate her service. - each 3 marks) - 6 marks each. out of Six _ 12 marks each. = 2-1 Marks.
~swer : (Re:er Nov.13 Question No. 3 (1) (a)). 4. Essay type questions/Full questions Any Two ---
u) Und er which provision of the Constitution oflndia, she can work without any fear of loss N.B. . r pattem is cftaneed". not tlie Sy!Ta611s. ·Tlie ']u,vi.sea
of her employment ? Stuaents pfease note tliat, o,rCy queStlOII P ~ 2004 _ 2005 1w 1ai1,s tfi, same.
Answer: (Refer Nov.13 Question No. 3 (1) (b)l. Sylla6us wliicli came into effect from t/ie ft _ d ra::mpulsory questions fo r short answers for 20
t
I) Previous question paper pattern which consrS e out of 10}. Therefore, students ore advised to
b) Rules provided that a
person wou Id not be granted school leaving certificate unless Iie had. 6
marks have been reduced to 12 marks (Answer ondy 1. ed all through this Book and such questions
comp Ieted fift
1 een years of age Ho h • · only ,f , . hich are un erin - . . .
th h · wever, t e Director was given power to grant exemptton concentrate more on such questions W . Examination Question Papers which ore given with the,r
. e perso? as completed thirteen years of age
'").L.~!::'.s (~e~meaning of Administrative di~cretion ?
C b e er January 19 Question No. 3 m(a))
are also available in the earlier Un1verS1tY
·
Solut1ons in this Book. h rt notes - answer an y k _
= 12 Marks.
4 out of 6 given, each for 5 marks,
M ks
u an t e rule made hy the Dir t b . 2) · ted 6 s o h r 6 mar s. - 12 ar ·
Answer : (Refer January ~c or e challenged ? Give reason. Previous question paper cons,s rt notes - out o 4 iv~n eoc o rob/ems out of 3 given, each for 5
19 0
_uest1on No. 3 (j) (b)). now have been reduced to 2 sho . t d of 2 Situation based P = 12 Marks.
e each ot 6 mo rk.s ·
3) previous question paper pa ttern con 51 s ·ven
c) A regional Engineering College mad _ . _ ·ew 8ner 4 4 aut of 6 given, eochforU
a written test The marks d e admis sions of candidates on the basis of oral mtervt . sioO marks, now answer an 2 out o the . ti d of 6 Questions - answer an: or 12 morks. = 14 Ma1ks.
· a11 otte for oral t t . Th·s
1 adn11s 4) P ttern conSIS e h 4 iven eoc
procedure was challenged b _ es were one-thtrd of the total marks. revious question paper po estions auto t e
i) Does allocation of on/t~~edcancttdate as arbitrary action. legal marks, now hove been reduced to 2 u =-=--===;a;;;;;;;;;;;;;;=,
provision ? Explain. Ir marks of the total marks for oral test violate anY
 BO. Author - Prot: />ra~a,/, I(
. .
University guide/mes . Examination _
MCQ Pattern for On/me -~ 231.
Author - Prot: Prakash K. Mokal.
. .. , 1he University Grant Commission of India again_st the decisio,
In a Wnt Pe1111onh filedhtm .
b) and Umvers1,;.h , 01- Mumbai the Supreme Coun directed th U 1 or t.hc
' e ni [38]
Slate Govemmcn1 of Ma aras F. 1 •ear Vlth Sem. Exam. in the month of October, 2 Vers,1y
of Mumbai to conduct_Exams forf ~e ;: ;eme Coun, University of Mumbai issued guideli~e 020
[November, 2020 (03.11.2020) Online Regular Exam)
I. In view of tl1e said order o f F-n~I Semester/Year students for Mumbai University's As on 8•
September. 2020 for orgamzahon ° 1 . cadeinic
Year 2019-2020 and their various backlog exams. . . .
2 For ro er oreanization of examinations. the University has prepared streamwt_se clusters of con Marks: 60.
~ · =c po Pit~ m-. = h cluster as the . college has to carry out the respons1b1ltty of plan· ~ . eges
. lead
examination as determined by the Un1vers1ty. NB.:
3
_The schedule of online lheory examination should be prepared by the lead college in consultation With
the colleges in lhe clus1er in such a way that the examination of all the colleges m the cluster ·u
conducted at the same time and all colleges should bring this schedule to the notice of the
University also direcled that all theory exams should be completed by l 7' h October, 2020.
s:~ be
enis.
D~e to COVID 19 pandemic, the November, 2020 Exam was conducted Online by the
respective cluster colleges on the basis of the University guidelines given above. It may be
noted that all the 20 MCQ's for 30 Marks (each for l&l/2 marks) and 10 Subjective
4. All final
March. 2020. term lheory exams should be conducted based on the syllabus taught in the college till IJ•
Questions for 30 Marks (each for 3 marks) appeared in this Exam have been included in
the present Book on "Administrative Law".
5. All theory examinations will be conducted online with Multiple Choice Questions as decided b h
University Authority. Yt e
Thus,
Bank. this Book is complete and exhaustive, no need to refer to any separate Question
6. All online theory .exams will be conducted for a period of one hour for 50 marks. These 50 marks will
then be for
eh21ble converted mto lhe 75/80/100 marks as rescnbed b each sub·ect. MC format will not'b;:
revaluat10n. The MCQ's and Subjective Questions provided For November,2020 Online Exa m 'Witli
Sofutions are as follows -
7. As the theory examination is conducted in the form of Multiple Choice Questions, each college should
mform ,ts students that Revaluation cannot be facilitated.
s er the guidance of the Dean of the University, Associate Dean and Principal of Lead Colleges, a Answer the followin Multi le Choice uestions bv choosin° the correct Answer Marks JO
8.Und_
Que uon Bank ""IJ be prepared for each subject (Marathi/English medium as per the required medium)
th th I. Administrative law is the part of -
11
w, be emade
help available
of lhe college teachers and with the help of technology Multiple Choice Question Paper Sets (a) Statutory law.
w, for the examination.
9. In order to facilitate smooth c d ·t f h d (b) Customary law.
Multiple
. Choice . Questions
. the u on
· uc·tyo f tMe exams
. an enable the students to solve Objective or (c) Natural Law.
0I O (d) Public law.
S u ti ons for Three Year• Coursmversi Vlth s & · has provided sample Question Papers With
umba,
(d)
month of October, 2020 _ e em. Five Year Course Xtb Sem. Exam. to be held in the
2.
It may be noted that the respective co/le . . Henry VIII Clause in relation to delegated legislation means that, the e1ecutive -
111 th (a) can sub-delegate its delegated power. . .
the mo111h of October 20l0 d thges e cluster has conducted their KT and Regular Exams 111 (b) is empow·e red to vary the provision oflhe act ttselt.
Professors. · t
an set e QueS ion paper considering the Syllabus completed by their
Accordingly. the Question Paper consist . (c) can legislate on matters of principle.
25 (d) can legislate on matters of taxation.
a!!.!!!.
4 (20 MCQ ·s each for 4 M, ks _ 8 ed of uestwns or 100 Marks within t/re iven timeo Ont (b)
Marks each ~ 20). ar - O Marks & 5 Single Sentence Answers or Descriptive Answers for 3.
University_of Mumbai has directed res . . The Doctrine of Separation of powers is ascribed to -
(a) Plato.
the,r lulorra/s and Journals con, I :;clive colleges to assign 40 Marks to their students on the bas,s of {b) Locke.
th
Unrversiry otf A' b .
college. 'Pete Y em or their performance in the practical exams held in r/ie (c) Montesquieu.
.st · ,um a, has set th Q .
~ st 0 (d) Aristotle .

~
~~is, ed of30 uestions or 60 r:e ,_ ". Paper for remaining 60 Marks and this Question Papfie;
//2 Mark 30 Marks & IO Des a .. s _Wllhrn t/re iven time o One and /rat hour (20 MCQ 's each o 4. (b) . . g writ of Mandamus?
cupt,ve Question each/or 3 Marks~ 30 Marks). Which one of the following ls th e most .valid·t'ce ground for ISSUrn
. .
(a) Violation of the principles O f na turn
d1JUSI ·
(b) Error apparent on the face ofrecor ·
(c) Want of jurisdiction. • posed by law.
(d) An officer's neglect of public duty un
(d)
 32 Aut/ror - Pro . Prakas /, I(
2 . . ,lfok•l
5.
al \ "i 'Janee . .
Commission was . created as a follow-up of the recornrnendar•on or 233.
The Centr g, . _ was created m - A uthor - Pro . Prakas h K . .\fokal.
"'Saotbanam Committee . 11
(a) 1964. An official w~ose ~esignat~on _is not r equired to be accepted res ig ns a nd continues 10 work
(b ) 194 . 12- even after resignation. Which IS the appropriate Writ to be against him ?
(a) Mandanius.
(c) 1977. (b) Proh1b1t1on .
(d) 196 7.
(c) Quo:warranto .
(a)
(d) Cert10ran .
6. f 00 (c)
The ground of ~error o l "". apparent
(a) Prohibition.
the face of the record" is connected With the "lit. of
(b) Ceniorari. 13 _ Legislature exerdse control over delegated legislation through _
(c) Mandamus. (a) The Prime Mm1ster.
(d) Habeas corpus. (b) the Supreme Court of India.
(b)
7. (c) Committee of Parliament or State Legislature.
Ridge vis. BaJd.,.io"s case deals "ith - (d) Speaker oftbe Lok-Sabha or Vidban Sabha.
(a) Corporation. (c)
(b J~alllra] justice.
(c) State liability.
14. The Institution of Ombudsman started first in -
(d) Delegated legislation. (a) 1950 In India.
(b) (b) 18000 in Germany.
8. (c) 1809 in Sweden.
"Administrative law is the law relating to administration. It determines the organization (d) 1874 in England.
has beenand
powers given by - of the administrative authotities" - This definition of administrative la~
duties (c)
(a) Prof. U. P.D. Kesan_
(b) Prof. LP. Massey.
15. In
(a) which
Queen of the
v/s. folloWing cases term 'Conditional legislation·· was used b) the Privy Co uncil '.'
Burah.
(c) Bernard Schwanz.
(d) Sir Ivor Jennings. (b) K.E. v/s. Banoori Lal.
(d) (c) Jamna Das v/s. Ram Autar.
9. (d) None oftbe above.
(a)
admUUstrative actionof
In ';h_at iu_dgment basthe Supreme
become Court,
blurred ? the distinction between quasi-judicial and
(a) G.G. Patel vis. Gula.in Abbas, A.LR. 1977. SC 1019 16. By which the following institution of Lokpal in India was first recommended '.'
(a} 14th Reports of the Law Commission.
(b) State of A.P. vis. S.M.K. Parasurama, A.I.ft 1970 s_'c 2257.
(c) A.K.. Kra1pak vis. Uruon of India, A.LR. 1970 S C 150 . (b) Administrative Refonns Commission.
(d) All the above. · · · (c) Sarkaria Commission.
(c) (d) Santhanam Committee.
(b)
IO. The rule Which requires ubli .
(a) In Re Delhi Laws Act p cation of delegated legislation was laid down in - 17. State the correct answer. lo Uttar Pradesh. Uttar Phldesb Loka) ukta and Up-Loka) uktu
(b) Harla vis. Stare of Raj.as th Act was passed in -
(~) Dwarka Prasad vis. State o":u p (a) 1977.
( ) Han Shanker Bagla Vis. M PS . . (b) 1976.
(b) · . late. (c) 1975.
I I. lo ':~ich of the following (d) 1974.

administrative
(a) law?
Rule of EVidence. context the decision in 1\1:aneka Gandi is important in 18
- (c)correct answer : The first Sta t e to enact Lokayukta
State the · Act is -
(b) Separation of powers. (a) Maharashtra .
(c) delegated legislation.
(h) Uttar Pradesh.
(d) Right of hearing.
(c) Bihar.
(d)
(d) Orissa.

19
. (d) nssumphon
Wrongful . ofa pu blic office can be corrected by a writ of -
(a) Quo-Warrnnlo .
 ----
235. A11thor - ProC Praka., h K. Mok"/·

Which one of the following statement is_true ? .

(b) Mandamus.
( c) Prohibition. 1- (a) Adm1_mstrahve law •_s a branch of pnva_te law and is independent of consti tutional law.
(d) Certiorari . (b) Admm1strative law 15 a branch of Public law and a pan of Constitutional law.
(a) . (c) Admm1_strahve law 1_5 a branch of Private law and a part of Constitutional law.
. h C rt refused to accept the contention that viva I" . (d) Adm1mstrative law IS branch of Public law and controls of Constitutional law.
20. In which of the followmg cases t e ou 1st IS (b)
defective as it leads to arbitr~riness ?
In which case of the followin g, the Supreme Court has upheld the constitutional validity of
(a) Ajai Hassia vis. Khalid MuJtb. urukshettra University. 2, delegated legislation ofl ndia_?
(b) M ol Chand v/s Chancellor ofK / Ch'
o rd f ffgh s· hool & Intermediate Education U .P . v s. itra. (a) In re Kerala E ducatmn Bill.
(c) Boa o 1 c . i Dh wanantan Kumar (b) A.K. Gopalan vis. State of Madras.
(d) U.P. Board ofTechnical Education vs. an ·
(c) Romesh Thaper vis. State of Madras.
(a)
(d) In-re Delhi Laws Act.
Answer the following subjective questions (Marks 30) : (d)
I. Doctrine of Proportionality. J. Which of the following is the most important reason for the growth of delegated legislation in
2. Henry Clause IV. modern times ?
3. Scrutiny Committees. (a) Lack of time w ith Parliam~nt.
4. Speaking Order. (b) tack of w ill on part of Parhament.
5. Official Bias. (c) State of Emergency:
6. Liabilities of Public Corporation. (d) Technicality of subiects-matter.
7. Lokpal and his Powers. (a) · r, r r
8. Functions of Civil Service. · 4. Who amongst the following is said to be the propounder of the doctnn e o sepa ra ion o
9. Sub-delegation. power'?
I 0. Conditional Legislation. (a) Lock.
(b) Plato .
(c) Montesquieu.
[39] (d) Aristotle.

[December, 2021 Online Regular Exam] ( d) . urt bas laid down that State will pay compensation
S. In which of the followmg cases SupremetiCo of its employees ?
to the aggrieved person for arbitrary ac _on ·
(a) State ofRajasthan v/s. Mrs. Vidyawatl.
N.B.: (b) Kasturi Lal vis. State ofU.P ..
(c) Shyam Sunder vis. State ofRaiastb:-. M.K.Gupta.
Due to COVID 19 pandemic, the December, 2021 Exam conducted Online by the (d) Lucknow D evelopment Autbonty .
respective cluster colleges on the basis of the University guidelines given above. It may be " . . ued against -
(d) ·1 of "Qua-Warranto ,s 1SS
noted that all the following model question paper based on the earlier Univers(~ Exam. 6. State correct answer. The wn
Question Papers (from April, 2005 to April, 2008) authentic questions on "Adm1m~trat1ve (a) The appointing Authority.
Law" are given below 'Witli So[utions. Thus, this Book is complete and exhaustive, no (b) The appropriate Gove~;;i-
(c) A u surper of a pub he off · .
need to refer to any separate Question Bank. d
(d) None of the above. h" h country of the followmg -
This Question Paper includes - 20 MCQ's for 30 Marks (each for 1&1/2 marks) an (c) ,. was first started in w ,c
lO Subjective Questions for 30 Marks (each for 3 marks) appeared in this Exam have been 7. The institution of " Ombudsman
included in the present Book (i (a) New Zealand.
The MCQ' s and Subjective Questions provided For December, 2021 Online Exam ,wit 00~~ .
So{utums are as follows - ( c) Sweden. the breach 0f which \VI

(d) Norway. fundantental rules, t "

(c) f atural justice are t~o~~ hose is this statemen .
Answer the following Multiple Choice Questions by choosing the correct Answer jMarks 3fil..;.
ll. "The pr!nci~les o "being seen to be done ·
prevent iustice from
(a) Lord Parker .

....
 (b) Lord Denning.
(c) l ord Hewan. 237.
(c) Orissa.
(d) Lord Widgery. A uthor - Pro. Prakash K. Mokal.
(d) Maharashtra.
(c)
9. \Yho amongst
(c) t he ,,o 11 omn
• g is said to be the originator of the concept of "Rule of Law" ,.
(a) Maitland. 17 Who is the author of "New Depotism" ?
(b) John Dickenson.
• (a) Lord Hew_art.
(c) Sir Edward Coke. (b) Prof. Robinson .
(d) Prof. A.V. Dicey. (c) Prof. Wade_.
(d) Lord Denmng.
10. "Rule ort!w" is embodied in the following articles of the Constitution -
(a)
(a)An. 21. 18. The principle of droit administratiff is _
(b) An. 226.
(c) An. 32.
a) two sets of Courts and two lypP.s of Law.
b) Supremacy of Law.
(d) An. 14.
c) Equality before Law.
(d) d) Above all.
I I. Central Vigilance Commission has been created on the recommendation of - (a)
(a) Swaminathan Committee.
(b) Santbanam Committee.
(c) Kothari Committee. 19. "Eternal
statementvigilance
made by -is a price of libeny, and not a particular principle or doctri ne of Law". Th is
(d) Administrative
refonns Commission. a) Maitland.
(b)
12. Delegated legislation is -
b) Prof. Harold Laski.
c) J. Khanna.
(a) Judicial legislation.
d) M.P . Jain.
(b) Semi-judicial legislation.
(c) Law oflegislature.
(d) Executive legislation. 20. The judicial functions performed by administrative authority is called -
(d) a) Quasi-Judicial functions.
13. Damodar Valley Corporation is. b) Judicial functions .
(a) Commercial Corporation. c) Quasi-Administrative functions.
(b) Government Corporation. d) Purely Administrative functions.
(c) Private Corporation.
(d) Development Corporation. A!!swer the following subjective questions (Marks 30( :
(d) 1. Droit Administratif.
14. Reserve Bank oft ndia is . 2. Separation of power.
(a) Commercial Corporation. 3. A. K. Kraipak vis. Union oflndia.
(b) Social Service Corporation. 4. Right to Information Act. . .
(c) Currency Notes Corporation 5. Parliamentary control over Delegated Leg,slauon.
(d) Self Controlled Corporation.· 6. Central Vigilance Commission.
(d)
1 7. Contractual Liability of Government .
S. The term of the Lok pal is _
(a) 5 years. 98. Advantages of Administrative AdJud,cauon.
(b) life long. • Transparency and Right to lnfonnatton. . .
(c) Upto age of65 years. 'F 10. Judicial Review. .ro Ii 'EramSystem, zt ca11 6e seen tliat tlizs
(d) Upto age of 62 years. . Iite n+IJ/ne
rom tlie a6ove clianges mt v;;" ana ,1 zne -~
Ii amination . o.,,.,view
po111t . accor.di.111g to
00
(c) '13 fc Wi{[ 6e more useju[ to t Iie stutfents from• t .ze e..°Q
per pattern.
tfie cfzanaetf question pa
16. In Which State first Lokayukta . .
(a) Uttar Pradesh. Was appointed ?
(b) Rajasthan.