UNIT TEST

ADMINISTRATIVE LAW
• Introduction
Administrative Law is that branch of the law, which is concerned, with the composition of powers,
duties, rights and liabilities of the various organs of the Government. The development of
Administrative law is an inevitable necessity of the modern times; a study of administrative law
acquaints us with those rules according to which the administration is to be carried on.
• Meaning
Sir Ivor Jonning defines Administrative Law as the Law relating to administration. It determines the
organization, powers and duties of administrative authorities. In short the administrative law deals
with the powers, particularly quasi-judicial and quasi legislative of administrative authorities along with
their executive powers and their control.
• Need for the Administrative Law: Its Importance And Functions
The province of administration is wide and embrace following things within its ambit:-
• It makes policies,
• It provides leadership to the legislature,
• It executes and administers the law and
• It takes manifold decisions.
• It exercises today not only the traditional functions of administration, but other varied types of
functions as well.
• It exercises legislative power and issues a plethora of rules, bye- laws and orders of a general nature.
• Sources of Administrative Law in India
i. Constitution
ii. Acts and Statutes
iii. Ordinances, Administrative directions, notifications and Circulars
iv. Judicial decisions
• Nature of Administrative Law
i. Legislative or Rule-Making
ii. Judicial or Adjudicative
iii. Purely Executive
• Scope
i. Existence of various administrative bodies
ii. Rule making power of administrative agencies
iii. Judicial functions of administrative agencies like Administrative tribunals
iv. Procedural guarantees (The concept of procedural guarantee include the rules of nature justice)
v. Government Liability (The Union and State Governments are liable under torts as well as
control for the wrongs committed by their servant and agents)
vi. Remedies (like writs of Mandamus, Certiorari, Prohibition etc., injunction, declaration etc. are
available to prevent excess any abuse of power.)

DELEGATED LEGISLATION
• Introduction
 The development of the legislative powers of the administrative authorities in the form of the
delegated legislation occupies very important place in the study of the administrative law.
• Meaning
‘Delegate legislation’ is used in two senses. In one sense delegated legislation means the exercise of
the power of rule-making, delegated to the executive by the legislature. In the second sense, it means
the output of the exercise of that power, viz. rule, regulations, orders, ordinances etc.
In simple words, delegated legislation refers to all law making by the authorities other than the
legislature i.e., the Central Government, the State Government, Central Board of Revenue and the
other administrative bodies and is generally expressed as statutory rules and orders, regulations, by-
laws, scheme directions or notifications etc.
• Importance
i. it avoids overloading the limited Parliamentary timetable as delegated legislation can be
amended and/or made without having to pass an Act through Parliament, which can be time
consuming
ii. allows law to be made by those who have the relevant expert knowledge
iii. can deal with an emergency situation as it arises without having to wait for an Act to be passed
through Parliament to resolve the particular situation
iv. can be used to cover a situation that Parliament had not anticipated at the time it enacted the
piece of legislation, which makes it flexible and very useful to law-making
• Control Mechanism
Modes of controlling Delegated Legislation
i. Procedural Control - The procedural control mechanism operates in following three
components: - (a) Prior consultation of interests likely to affected by delegated legislation. (b)
Prior publicity of proposed rules and regulations (c) post-natal publicity of delegated legislation
ii. Parliamentary Control - (a) By laying rule on the table of Parliament ; and (b) By a committee of
Parliament scrutinizing the rules so made.
iii. Judicial Control –
a) Doctrine Ultravies : The chief instrument in the hands of the judiciary to control delegated
legislation is the "Doctrine of ultra vires." The doctrine of ultra vires may apply with regard to i)
procedural provision; and ii) substantive provisions.
b) Use of prerogative writs

PRINCIPLES OF NATURAL JUSTICE

• Introduction
The concept of natural justice is the backbone of law and justice. The concept of natural justice is
flexible and has been interpreted in many ways to serve the ends of justice. Natural Justice is rooted in
the natural sense of what is right and wrong. The object of Natural Justice is to secure Justice by
ensuring procedural fairness. To put it negatively, it is to prevent miscarriage of Justice. The term
“Natural Justice” may be equated with “procedural fairness” or “fair play in action”.
• Rules of Natural Justice
➢ Audi alteram partem (the rule of fair hearing) - Rule against Biasness
Doctrine of Audi Alteram Partem is fundamental rule of natural justice which denotes ‘right to be
heard’. The doctrine signifies the fact that no man should be condemned unheard.
Stages of or ingredients of fair hearing are as follows:
 1. Notice - the authority concerned is required to give to the affected person the notice of the case
against him.
2. Hearing - An important concept in administrative law is that of natural justice or right to fair hearing.
3. Opportunity to rebut the evidence (Cross-examination) – depends upon provisions of the statute
and facts and circumstances of the case.
In R. Radha Krishna Vs. Osmania University, the university cancelled the whole M. B. A. entrance
examination because of mass copying. The decision of the university was challenged o the ground that
the candidates were not given a hearing. It was held that notice and hearing to all candidates is not
possible in this kind of action which is taken as disciplinary measures to solve a problem which has
assumed national social proportion.

• Nemo judex in causa sua (no one should be a judge in his own cause) - Rule of Being Heard
Bias means an operative prejudice, whether conscious or unconscious in relation to a party or issue.

Metropolitan Properties Ltd. v. Lannon (1969) - Chairman of the Rent Assistant Committee determined
the fair rent of a flat at a figure below than asked for ever by the tenant.(Rent Act 1965). Chairman was
living in a flat of which father was tenant and company was associated with landlord. The chairman
advised his father to institute the proceeding. So court quashed the decision on ground of personal bias.
Charan Lal Sahu v. UOI (1990) - SC held that where a statute does not in terms exclude the rule of pre-
decisional hearing, contemplates a post decisional hearing amounting to a full review of the original order
on merits, it would be construed as excluding the rule of audi altrem partem at the pre-decisional stage. If
the statute is silent with regard to the giving of a pre-decisional hearing ten the administrative action after
the post decisional hearing will be valid.

ADMINISTRATIVE TRIBUNAL/QUASI-JUDICIAL FUNCTION

• Introduction
Administrative tribunals are quasi-judicial authorities that are established under an Act of the
Parliament or of State Regulations which is changed with the duty to discharge, adjudicatory functions.
So, they are bodies other than courts that perform the adjudicatory functions.
• Advantages of the tribunal
• offer flexibility when compared to ordinary courts.
• procedure followed by the Tribunals is the simplest and is easy to understand.
• are cheaper and offer speedy justice.
• offer relief to the ordinary courts that are already over-burdened courts with various suits.
• provide sufficient administrative acts and fair justice to all.
• Limitations of the tribunal
• consist of members and heads that may not possess any background in law.
• do not rely on the uniform precedence and hence may lead to arbitrary and inconsistent decisions.
• Characteristics
i. Statutory Origin
ii. Vested with judicial powers of the state, distinguished from Administrative functions, so they
bound to act judicially, fairly.
iii. Not bound by the strict rules of procedure,
iv. Bound to follow the procedure as per PNJ
v. Enjoy the power of civil court
vi. Decision of the Tribunals are judicial rather than Administrative
vii. They are independent
viii. Power to give judgement or order
• Quasi-Judicial function
Judicial function means when any authority is in position to decide the rights of the people.
Administrative Tribunal System
• whenever there will be tribunal there will be statute, so also being called as statutory tribunal
• there is no precise definition of “tribunal”
• it is to be referred as adjudicatory bodies outside the sphere of Ordinary Courts.
• this function is not given directly from the Constitution.
• these are different from executive and judicial functioning.