ADMINISTRATIVE LAW

Questions & Answers

Rule of Law?

A.V Dicey introduced the theory of rule of law which is applicable in administrative system.
Meaning of this doctrine of law is king of kings much mightier than anything else. All people
are governed by rule of law and nobody is above the rule of law. Doctrine of rule of law
includes following points.
1. There is supremacy of law. 2. All people including law makers are also governed by same
law.
3. There is main function of judiciary to enforce the law and follow all principles of rule of
law.
4. Rule of law is necessary to provide peace in society and give security to people.

There are also some exceptions where rule of law is not applicable.
1. In reservation policy backward classes are given better opportunity in education and
employment by violating equality which is against rule of law.
2. President, governor and ambassador are above the law. And law cannot touch them during
continuation of the post.
3. Personal laws of Hindus and Muslims are against rule of law. Because there is no equality
in judicial remedies. Therefore even though there are some exceptions rule of law is spirit
of administrative system.

Doctrine of Ultra-Vires?

Executives have been delegated various powers which includes rule making power,
settlement of disputes power and purely executive power. Executives have to carry on
functions within these powers called as intra-vires functions. When any executive cross his
limits then it is called as ultra-vires act. Court can interfere and decide legality of the powers,
if it is Ultra-vires act then
Court can set aside any action or decision taken by administrative authority. It includes
following points:
1. When any executive misuse his powers. Eg : Income tax officers interfere in sales tax
matters.
2. When thee is use of excessive powers such as examiner gives 110 marks out of 100.
3. When there is violation of procedural law. Such as superior authority terminates sub
ordinate employee without holding departmental enquiry. Therefore under administrative
system there is check and control of judiciary and legislatures on Ultra-vires act of
executives.
3Q. Lokpal and Lok Ayukta?
Ans. Lokpal is appointed by central government. President has power to appoint lokpal
consultation with P.M. Chief justice of supreme court, leader of opposition parliament. The
term of lokpal is for 5 years. There is office of lokpal having necessary staff. Lokpal carry
following functions.
1. He keeps watch on illegal activities of politicians, ministers, superior officers and judges
for their illegal activities and misuse of powers.
2. Lokpal prepares the report about such authorities and submit to central government.
3. Report of lokpal is discussed in meeting council of ministers and also kept in parliament
for discussion if necessary. On report of lokpal central government can take action against
ministers, politicians, executives, judges to prevent such activity.

Lok Ayukta:- is appointed in every state by state government .Governor has power to
appoint lok ayukta in consultation with C.M, Chief justice of high court, speaker of assembly,
leader of opposition in assembly. Term of lok ayukta is for 5yrs and he is paid consolidated
remuneration.
Lok ayukta carry similar functions at state level. He keeps watch on ministers, politicians,
judges, executives for there illegal activities and misuse of powers. Lok ayukta submits this
report to state government and on basis of report government can take necessary actions to
control illegal activities. Therefore lokpal and lok ayukta are having control over illegality
in administration and they are called as democratic watch dogs.

4Q.Rule of Promisory Estoppel?

Ans. When government or any other department gives in writing or frame rules or enter into
agreement. Then it cannot be withdrawn afterwards. According to rule of promissory
estoppels. Any alteration or change can be brought from beginning and not after wards
because it has already been promised. If there is violation of such terms and conditions then
court can
apply estoppels and prevent it.Rule of promissory estoppels includes following points.
1. It should be in writing.
2. All terms and conditions should be lawful.
3. There should not be any clause that it may be altered or changed
in future.
The rule of promissory estoppels was held in the leading case Century textile mills ltd v/s
Ullas nagar municipality. In this case a party wanted to establish industry in a small town. In
order to encourage industry municipality executed a document that it will not collect entry tax
or raw
material up to 3yrs period. After 1 year municipality issued notice that it is going to collect
entry tax on raw material owner of textile mill filed a case in the court. Court applied rule of
promissory estoppels and ordered municipality not collect entry tax up to 3yrs according to
rule of promissory estoppels.
Commission of Inquiry?

In 1952 commission of inquiry act was passed. Any superior authority

have power to take action against subordinate or reasonable ground such as
misconduct, corruption, negligence, misuse of powers any criminal act. In order
to take action domestic enquiry or departmental enquiry or disciplinary
proceedings have to be conducted according to commission of enquiry act. It
includes following points:
1. Appointment of enquiry officer.
2. Employer or management have to appoint enquiry officer who should
be imperial person called as commission of enquiry.
3. Copy of allegations: Copy of all relevant document called as copy
of allegation have to be supplied to the employee.
4. Notice: Date and time is fixed for hearing and notice is given to
the employee to make representatives.
5. Hearing: Employee to be given opportunity to represent his side. Which
includes filling for relevant documents oral representation and
producing witnesses.
6. Adjournment: Enquiry officer can make adjournment and make hearing
in more sittings.
7. Submission of report: Commission of enquiry have to submit detailed report about his
findings, observations recommendation to employer or management on basis of report
employer can take reasonable action against the employee. If employee challenged the action
in the court
then court have to decide the legality action of employer. These are the functions of
commission of enquiry.

6Q. Quasi Judicial Function?

Quasi Judicial means just like court but exactly it is not court . there are
executive which carry three types of functions and these are legislative
function in which they make rules and regulations, quasi judicial in which they
decide some matters and execute functions are to assist both the organs.
Quasi judicial functions includes following points :

1. Powers are delegated under the act to carry such functions.

Eg: Collector have quasi judicial functions to take bond of good behaviour from
habituated criminals. Income tax commissioner have quasi judicial function to
settle dispute between assesse and tax department. Traffic inspector have
quasi judicial function to collect penalty for violation of traffic rules.
2. In quasi judicial functions they have to follow required functions.
3. They have to carry functions with in there powers.
4. Any quasi judicial function of executive can be challenged in the court
and court can decide legality of such action.
Therefore purpose of quasi judicial function is to reduce burden of
petty cases on the courts.

7Q. Conseil d’Etat?

There are separate courts in France to enforce provisions of administrative law called as
Conseil d’Etat. There are two types of parallel courts and these are Civil and criminal courts
to enforce legislation and administrative courts to enforce administrative law. This court in
France creates more problems to people. Because they are answerable before both type of
courts. Executives can make harassment of the people by filling false case against the people
executives have superiority because of administrative courts. No quasi judicial powers are
given to executives because there are separate courts to provide remedies in administrative
matters. In many other countries including in India. Where there are no separate
Administrative courts. And administrative actions are governed by civil courts.

8Q. Droit Administratif.?

Ans. Meaning of Droit administratif is separate branch of which deals with powers and duties
of administrative agencies. This system is also in france. Droit administratif is that portion of
French law which determine rights and liabilities of executives or officers to deal with private
people. There is also procedure laid down for executives in French legal system. Therefore in
France administrative authorities are independent and free from Jurisdiction of ordinary civil
courts. Administrative authorities regulate the body of rules to govern the relationship of
general public with the government. There are also separate courts t enforce administrative
law called as Conseil d’Etat. This system is not prevailing in other countries including India.
Dicey has
criticised Droit administratif because two sets of courts create more problems for people and
gives more powers to executives . Therefore Droit administrative is popular only in France.
Where there is separate court and separate administrative agencies to run the administration.