Admin

4 a) administrative discretion

Administrative discretion is an informal unilateral practice and is therefore unprotected by the

protections inherent in structured procedure. Discretion in simple words means choosing among
the different alternatives available without respect to any predetermined criterion, irrespective of
how fanciful that choice may be. The administrative discretionary issue is complex. Really, the
government can not work in any intensive form of government without the officials exercising
some discretion. It is important not only for the individualization of the administrative power but
also because in the dynamic nature of modern state it is humanly impossible to lay down a
guideline for every imaginable eventually. Equally true, however, is that absolute power is a
merciless master. It is more destructive of liberty than any Other technology made by man.

● It is ultra vires to the Constitution of India, and

● It is ultra vires to the enabling Act.

4 a) condition for writ of mandamus

Conditions for the issue of Writ of Mandamus  - 

(i) Legal Right - 

        The petitioner must have legal rights.  In Umakant V. State of Bihar, In this case Supreme
Court of India held that when the petitioner contended that the Government had promoted his
juniors and he had been left out, and it was found that the petitioner was not qualified for the
post, hence petition was dismissed. 

(ii) Legal Duty - 

         A legal duty must have been imposed on the authority and the performance of the duty
should be imperative. Such duty must be statutory either imposed by the Constitution or by any
other statute or some rule of common law but should not be contractual.

(iii) Good Faith 

       An application for a writ of Mandamus must have been made in good faith and not for any
ulterior motive. It will not be issued if it  is designated to harass the respondent or a view to
cause personal grievances 

5 a) powers and functions of Lokayukta

Power of Lokayukta
● In states like Himachal Pradesh, Andhra Pradesh, Madhya Pradesh and Gujarat the chief
minister is included within the jurisdiction of Lokayukta while he is exempted from the
purview of Lokayukta in the states of Orissa, Bihar, Rajasthan, Uttar Pradesh and
Maharashtra.
● Ministers and higher public servants are also included under the ambit of Lokayukta in
almost all the states.
● It has the power to raid on the houses and offices of corrupt officials at state level.
● It can call for relevant files and documents from the state government departments.
● It also enjoys the power to inspect and visit government organisations, which are being
investigated.
● Lokayukta may investigate any action taken by the public servant if it is referred by the
state government.
● It has the authority to suggest punishment against the culprit to the administration, but it
is up to the state to either accept the suggestions or modify them.
Functions of Lokayukta
● Lokayukta is tasked with speedy redressal of public grievances against politicians and
officers in the government service.
● It investigates allegations of corruption, abuse of power, maladministration or lack of
integrity against public functionaries at state level, and once proved recommends action.
● A consolidated report will be presented by the Lokayukta and Uplokayukta about their
functions to the Governor of the state. Hence, they are responsible to the state legislature.
● Its another crucial function is to keep a check on the investigation of anti-corruption
agencies and authorities.
● It carries out fair and impartial investigations, based on facts against the accused person
by taking the assistance of a special investigating officer.

5 b) central vigilance commission

It is an agency constituted to curb corruption in offices of the Indian government. Complaints

from whistleblowers (an employee of the firm/public office informing the public about frauds/
wrongdoings in the office) under ‘Whistleblower Resolution’ are received by CVC after which the
commission can take actions on motivated acts.
CVC is called the apex vigilance institution. It is free of control from any executive authority. Its
role is to monitor all vigilance activity under the Central Government and advising various
authorities in Central Government organizations in planning, executing, reviewing and reforming
their vigilance work.

5 b) power of public commission

Articles 315 to 323 in Part XIV of the Constitution of India provides for the establishment of
Public Service Commission for the Union and a Public Service Commission for each State. Each
state has its own Public Service Commission with functions similar to the Union Public Service
Commission. A difficult task in any country, it becomes all the more difficult in a multi-lingual,
multi-religious country like India which has a number of minority groups and backward classes
and where the state is the most significant employer and government service has a prestige of
its own. The State Public Service Commissions were constituted under the provisions of the
constitution of India. Union Public Service Commission is the India’s central agency. The
agency’s charter was granted by the constitution of India. State Public service Commission is
also a constitutional body.

Article 320 - Functions of Public Service Commission.

Article 320 deals with Functions of Public Service Commissions. Important clauses of the article
are given below.
. It shall be the duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of the State
respectively.
. It shall also be the duty of the Union Public Service Commission if requested by any two or
more States so to do, to assist those States in framing and operating schemes of joint
recruitment for any services for which candidates possessing special qualifications are
required.