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Administrative law

Long Questions:

1. Define Administrative law and explain its nature and scope. How administrative law is related with
constitutional law?

A) Administrative law is relating to administration carried by administrative authorities. They are also called as
executives or bureaucrats. There are three main pillars of democratic administrative system and these are

1. Legislatures 2. Judiciary 3. Executive

1. Legislatures: includes elected members of parliament and state assemblies. They carry on law making
functions according to procedure laid down in constitution. Therefore it is called as law making body.

2. Judiciary: This is independent organ in administrative system. It includes all the courts and judges. Judiciary
has power to interpret and enforce law made by legislatures.

3. Executives: It includes all officials in government departments, public companies and corporations,
institutions who carry on functions to assist both the organs. Therefore executive is sub ordinate organ.

Administrative law is defined by different authors as follows:

1. Jenning: Administrative law is the law relating to organisation powers and duties of administrative
authorities.

2. Prof J.W Wady: Ad law is control of government powers done by officials or public authorities.

3. Davis: Ad law is relating to powers and procedures of all administrative agencies.

4. M.P. Jain: Ad law deals with structure, powers and functions and procedure to be followed in exercising their
powers by the executives.

Nature of Administrative Law:

1. It is uncodified law.

2. Administrative law is common law in all the countries.

3. Administrative law developed out of necessity of the people.

4. It regulates the powers and functions of executives.

5. It lays down limitations for executive functions.

6. There is no scope to make any amendment in administrative law and its growth is depend on necessity of the
society.

Scope of Administrative law: is very wide because major role is carried by executives in administration. If
executives may not cooperate then both the organs cannot carry functions. Executives carry three types of
functions because there is wide scope then and these functions are 1. Legislative function 2. Judiciary function
3. Purely executive function.
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1. Legislative function: Executive have power to make rules and regulations called as subordinate legislation.
Rules of executives should not be incontravention of supreme legislation.

Eg: Traffic commissioner makes traffic rules, DEO makes school rules, Director of higher education makes
college rules

2. Judicial function: Executives have been delegated petty judicial powers such as traffic inspector have power
to impose penalty, ticket examiner can impose penalty on passenger who is travelling without ticket, collector
can make hearing and take bond of good behaviour from habituated criminals.

3. Purely executive function: There are some functions which are purely executive and they are also called as
ministerial functions.

Eg: Police can book criminal case and file chargesheet and court have to punish accused. This is executive
function of police.

Eg: Tax officer book the case for black money and file in the court which is executive function.

Relation between Administrative law and constitutional law:

Administrative law and constitutional law are corelated and overlapping such as under constitution also powers
have been delegated to some executives.

Eg: Powers of election commissioner, power of public service commission and power of human right
commission. Following are the points of difference between administrative law and constitutional law.

Administrative law:

1. Administrative law is not codified.

2. It is not erected by legislatures.

3. There is no scope for amendment.

4. There are no fundamental rights.

5. It is subordinate law.

Consitutional law:

1. Constitutional law is codified having articles.

2. It is erected by legislatures.

3. There is scope for amendment.

4. There are fundamental rights.

5. It is supreme law.
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This is detail about administrative law its nature and scope and distinction between administrative law
and constitutional law.

2. Critically examine doctrine of separation of powers specified in administrative law?

A) Doctrine of separation of powers was introduced by "French Jurist Montesquieu". According to this author
separation of powers is necessary for better administration. There are three types of powers and these are

1. Legislative powers 2. Judicial powers 3. Executive powers.

In directive principles of state policy also mentions that state have to prevent concentration of powers. In
ancient period all powers were concentrated in the chair of the king and therefore it was said that "king can do
no wrong". King was not answerable in any court. In modern period many countries have adopted doctrine of
separation of powers.

Reasons of separation of powers:

1. If there is no separation of powers then there is possibility of dictatorship.

2. There cannot be better administration without separation of powers.

3. There should be check and control over powers of every organ.

4. There should be less scope for arbitrary powers (means manmani)

5. There should be limitation or boundaries for powers of every organ.

Organs of division of powers:

Powers have been divided into three organs

1. Legislative power 2. Judiciary power 3. Executive power

1. Legislative power: Legislatures are members of parliament and state assembly. They are elected
representatives of the people. Legislatures carry on functions to enact legislations according to procedure under
constitution. They have also power to make amendments in the law and also repeal the law by opinion of
majority members of the parliament or the assembly. Parliament make law for whole country and assembly
makes law for particular state. Therefore legislatures is law making body.

2. Judiciary power: Judiciary includes all the courts and judges. Supreme court and high courts have been
established according to provisions of constitution. Judiciary have to interpret the law, enforce the law, follow
the procedure and deliver judgement according to law enacted by legislatures. Therefore judiciary is law
enforcement organ.

3. Executive power: They are also called as administrative authorities, public authorities, bureaucrats.
Executives carry functions adopted by legislatures under the legislation. Executive assists legislatures and
judiciary in these functions. Executive includes all public officers who carry on public functions and public duty
which are delegated to them under the law.

Criticism: There is separation of powers but these powers are overlapping and mixing. Separation of powers are
theoritically possible but practically impossible. There cannot be water tight compartment in separation of
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powers.

Following are the points relating to criticism in enforcement of doctrine of separation of powers.

1. Legislatures and Judiciary: Legislatures and judiciary are also overlapping in some matters. President is
legislature but he has power to appoint high court and supreme court judges, remove the judge according to
procedure. Punishment given by any court can be altered or condoned by president. This is interference in
judiciary.

If any act is unreasonable, improper then court can set aside it. TADA was held as unconstitutional and
set aside by supreme court.

2. Judiciary and execituve: Any action taken by executive can be confirmed, altered, set aside by the court. If
officer terminates sub ordinates then court can order to take him back in the service. This is interference of
judiciary in executive functions.

Executive have also powers to impose penalty which is judicial function. Therefore judiciary and
executive functions are also overlapping.

3. Executive and legislature: Executives can make rules and regulations which is legislative functions such as
helmet have to be used by persons riding vehicles have been made by traffic commissioner, rules of admission,
examinations, award of degree are made by university which is legislative function. Any power delegated to
execitives under the act can be reduced, altered, withdrawn by legislature after making amendment in the act
and these powers are overlapping.

This is detail about doctrine of separations of powers and points of criticism where powers are
overlapping and mixing in administrative system.

3. Explain the provisions of delegated legislation and its kinds. How delegated powers are controlled
substantiate your answer with leading cases?

A) Delegate means to give, legislation means law making or rule making or other power to executives. Under
delegated legislation various powers are delegated to administrative authorities such as rule making power,
judicial powers to settle disputes and purely executive powers. There is also check and control over delegated
powers. Delegated legislation is like a vehicle and control on powers is like a brake which is necessary to
prevent accidents or maladministration. Therefore in administrative system bureaucrats are delegated various
powers under respective statutes (acts).

Reasons or causes of delegated legislation:

Following are the reasons to delegate powers to executives

1. Expert knowledge: In many fields expert knowledge is necessary. Executives have such knowledge and they
carry administation by using expert knowledge.

2. Division of powers: There is division of powers or separation of powers accepted in administrative syste.
Therefore executives are delegated powers.
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3. Necessity: Necessity or requirement of every department is different and executives fulfill it by using their
powers.

4. Administrative problems: There are day to day administrative problems of the people which can be solved by
administrative authorities and it reduce burden of cases on the courts.

5. Emergency situation: When any emergency situation arises then it can be controlled by executives when they
are delegated powers.

6. More in number: There are more number of executives and there fore they carry heavy burden in
administration by using their powers.

Kinds of delegated legislation: (covered in jurisprudence short answers Q. No. 3)

There are 5 kinds of delegated legislation

1. Colonial legislation 2. Judicial legislation 3. Executive legislation

4. Autonomous legislation 5. Municipal legislation (Covered in jurisprudence in short answers Q. No. 3)

Control of delegated legislation:

There are three methods by which delegated legislation or delegated powers can be controlled.

1. Legislative control: When powers are delegated but they are misusing it or doing corruption then legislatures
can control it by following methods:

1. There is discussion about the powers in parliament if it is central act. And in assembly if it is state act.

2. They can make amendment and reduce or alter the powers.

3. They can repeal the act and withdraw all the powers.

4. They can impose limitations over the powers

5. Superior authority is appointed to check and control powers of subordinates.

2. Judicial control: powers delegated to executives are subject to judicial scrutiny. Court can examin legality,
validity, reasonableness of use of powers. If powers used are illegal or ultra vires or violation of procedure then
court can set aside administrative action.

Eg: Principal of the college have the power to do admissions if he makes violation of rules of reservation then
court can set aside all the admissions because there is misuse of powers.

3. Procedural control: There is procedure laid down for the executives. If procedure is not followed then any
administrative action can be set aside by the court.
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Eg: Police officer have power to arrest any person on suspicious ground but there is a procedure that arrested
person to be produced for remand within 24 hours of the arrest. If it is violated then under the will of habeous
coorpus court can order to release arrested person.

Eg: Superior officer have power to take action against subordinate for any misconduct there is a procedure to
hold departmental enquiry before taking action otherwise court can set aside the powers.

Case 1: Kartar singh v/s state of Punjab.

RTO increased vehicle taxes by 25% this power of RTO was challenged in the court. The court held that it is
excessive use of powers done by RTO. Any increase or decrease in taxes is the power of legislatures and not
executives. Therefore action of RTO was set aside by the court.

Case 2: R.K. Khanna v/s union of India

Petitioner was accountant in central government service. Superior officer terminated his service on the ground
that he has done misappropriation in the amount. The court held that there was no departmental enquiry which
is necessary to take action. There is violation of procedure and termination order was set aside by the court.

Case 3. Hamdard davakhana v/s union of India

Plaintiff company manufactures tablets to increase sexual power. It gave advertisement of partly naked photos
of male and female to increase the sale of tablet. Police prohibited the advertisement by using their powers. The
court held that vulgure advertisement is crime u/s 294 of IPC and powers used by police was uphold by the
court.

This is detail about delegated legislation, its reasons, kinds and control over it in administration.

4. What are the principles of natural justice? Explain your answer with relevant cases?

A) Natural justice means any act of fairness principle oof natural justice have universal application in
administrative and court cases. No fair judgement can be given with out obliging principles of natural justice.
These principles are based on truth and consciousness. There are four principles of natural justice.

1. No man should be judged in his own cause.

2. Nobody shold be condemned unheard (AUDI ALTERAM PARTEM)

3. He who hears should decide.

4. Justice not only to be done but seem to have been done.

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1. No man should be judged in his own causes:

Meaning of this principle is that any interested party should not decide a case because there is possibility of
partiality. This principle is also called as rule against bias. There are three kinds of bias.

1. Personal bias 2. Pecuniary bias 3. Bias in subject matter.

1. Personal bias: Meaning of this rule is that if judge is having any relationship with the party or the advocate
appearing in that case then he should not decide it.

Eg: Judge is father in law of the advocate or the party in particular case. He should not decide that case because
there is personal bias because of relationship.

2. Pecunairy bias: Pecuniary means relating to finance or money. If judge is having any pecuniary interest in the
case then he should not decide that case.

Eg: Judge is shareholder or debenture holder of a company he should not decide case of that company because
he has invested money in the company and there is pecuniary bias.

3. Bias in subject matter: If judge is honourary body member on any institution, university then he should not
decide case of the institution because there is interest in subject matter of litigation.

Therefore according to this principle judge should not be interested person in the litigation or dispute
which is going to decide.

2. Nobody should be condemned unheard (AUDI ALTERAM PARTEM)

According to this principle judge have to make hearing of both the sides and after that decide the case court
have to give reasonable opportunity to both sides and after that deliver the judgement. If reasonable opportunity
is given many times but the party may not represent the case the judge ccan decide by hearing one side called as
ex parte decision. This principle includes following points:

1. Court have to issue summons to both sides party and the witnesses.

2. Judge can make adjournment many times to give opportunity to party.

3. Any number of witnesses are allowed in the case.

4. Court have to give opportunity to conduct chief and cross examination.

5. Court have to give opportunity to file relevant documents.

6. If any witness comes voluntarily then also court can entertain him.

7. Expert opinion to be taken where ever it is necessary.

8. Appeal is also allowed in supreme court against judgement of subordinate court because if any error or
mistake is committed by subordinate court then it is rectified in appellate court.

Therefore according to this principle no case to be decided without hearing both the sides.
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3. He who hears should decide:

According to this principle judge who makes hearing have to decide the case. If the judge is transferred then
new judge have to go through file of the case and after that continue the hearing. Judge should have clear
picture of the case so that he can do fair justice. It includes following points:

1. Judge makes face reading at the time of hearing which is helpful to form the opinion.

2. Judge can put question to advocate or the party or the witness to get clarification

3. In cross examination party or witness is exposed and judge can decide reliability or credibility to believe him
or not.

Therefore judge who makes hearing can decide case properly.

4. Justice onot only to be done but sem to have been done:

Judgte have to deliver judgement in such a way that his judgement may be confirmed in superior courts. Judge
have to consider following points:

1. There should be proper interpretation of the law.

2. Judge have to apply the law properly.

3. Judge have to consider situation, circumstances and gravity of the case and decide it.

4. Judge have to follow the procedure.

5. Judge have to record sound reasoning.

If above rules are followed then only he can do fair justice.

Case 1: Cripak v/s union of India.

There was interview for selection of class 1 officer post a candidate was selected and it was found that his uncle
was chair person of selection committee. Court held that interested person have done appointment and set aside
it because there is violation of natural justice.

Case2: Suchitra v/s Delhi university.

Petitioner was a law student. She submitted exam form to write examination but university stopped hall ticket
on the ground that she has shortage of attendance. The court held that she was never given notice of shortage of
attendance and her examination form was also accepted. Therefore university has violated natural justice and
court ordered to issue hall ticket.

Case 3: Dr. Panineni v/s State of Orissa.

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Petitioner was doctor in government hospital. She was terminated from service on the ground that she has done
misappropriate in the funds given by government to purchase medicines. No departmental enquiry was
conducted against her. The court held that she cannot be terminated without giving opportunity to represent the
matter before enquiry officer and set aside the termination order because there is violation of natural justice.

5. Explain liability of state in torts and contracts with relevant case laws?

A) There is liability of state or the government in torts as well as contrats. In ancient period administration was
carried by kings and there was no liability of king in any court. It was stated that "king can do no wrong". All
powers were vested in the chair of king. After development in administrative system constitution came into
force and powers have been separated among legislature, judiciary and executives. Under article 299 of
constitution there is provision that state or the government is having liability for breach of contract. Under
article 300 it has been specified that state or the government is having liability for the torts committed by
employee under vicarious liability. State or government is a legal person and it can be sue or be sued.

Following are the leading cases to explain that state or the government or any department of the government or
any authority under government is having liability in contract and court can give all the remedies according to
facts of the case against the state.

Case 1: Shyam Sundar v/s State of Karnataka

Government appointed an engineer for 5 years term on contract basis after 2 years government terminated
engineer without any reason and made breach of contract. Engineer filed case against state government for
breach of contract. Court held that government have to continue him in the service for the term of appointed or
pay damages caused to him for breach of contract.

Case2: Memon Mohammed v/s State of Gujarat

Petitioner was a business man his goods were seized by food adultration inspector on ground of adulteration and
unloaded in government godown. When case was filed in the court adultration was not proved in the testing
done by expert in laboratory and court gave order to release the goods. There was leakage in government
godown and goods were spoiled because of rain water. Petitioner filed a case against government to claim
damages. The court held that goods were in possession of government and therefore government is like a bailee
and bailee have to pay damages caused to goods under contract of bailment.

Case 3: Amar Singh v/s union of India.

Plaintiff sent goods by railway transport goods were unloaded on a station part of the goods were stolen on
railway station consignor filed a case against railway company for which central government is responsible. The
court held that it is like contract of bailment and central government have to pay damages caused because of
theft on station to consignor.
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Following are the leading cases to explain that state or government is having liability under torts.

Case 1: Vidyavati v/s state of Rajasthan:

Driver of state government dropped collector in his office he was taking reverse turn of the jeep at greater
speed. Husband of plaintiff was walking on footpath. Jeep knocked him and he was killed in accident. Wife of
deceased filed a case against state government. The court held that driver is employee of state government and
government is employer. Therefore under vicarious liability government is liable to pay damages or
compensation for tort committed by employee. Therefore compensation was awarded to plaintiff.

Case 2: Supriya Gosh v/s Union of India.

A railway gate keeper neglegently kept railway gate open at the time of arrival of train. Husband of plaintiff was
driving the car and he wanted to cross the railway track when his car came on the track it was knocked by a
train and he was killed in accident and car was completely damaged. His wife filed a case against union
government to claim compensation. The court held that railway gate keeper is employee of the union
government and he committed tort of neglegence by keeping railway gate open at the time of arrival of train.
Therefore under various liability defendant was held liable to pay compensation to plaintiff under tort of
vicarious liability.

Case 3. Aquil Ahmed v/s State of Bihar

Police arrested son of plaintiff on ground of theft in police custory police officers gave mercyless beating and
accused succembed (died) to injuries. His father filed a case against state government. The court held that police
is the agency of the state government to enforce the law and order. They have done neglegence and caused
death of accused and therefore state government was held liable to pay 5 lakh rupees compensation to plaintiff.

By all above cases it is clear that state or the government is having liability in breach of contract as well
as tort committed by employees.

6. How judiciary controls administration through writs. Explain various kinds of writs and conditions to grant
remedy under writ?

A) Judiciary is independent organ specified in directive principles of the constitution. Supreme court and high
courts are established according to provision of constitution under constitution supreme courts and high courts
have been delegated enormous powers and writ jurisdiction is important power of supreme court and high
courts. Writ is like a weapon in hands of supreme court and high courts to control government, executives,
subordinate judiciary when there is violation of law and procedure. Therefore supreme court and high courts are
called as democratic watch dogs in administrative system. Under article 141 it has been stated that any
judgement or order of the court to be obligated by government and people.

Under article 226 writ can be filed in high court and under article 32 writ can be filed in supreme court in
constitutional matter and for enforcement of fundamental rights. If high court may not admit any writ then
under article 136 supreme court have power to admit the writ or give direction to high court to admit and
dispose it. This provision is called as special leave petition. Public interest litigation (PIL) is also writ filed by
any body on behalf of society without having Locust Handi
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Kinds of writs: There are five kinds of writs

1. Writ of habeas corpus 2. Writ of Mandamous 3. Writ of Prohibition

4. Writ of certiorari 5. Writ of quo-warranto

1. Writ of habeas corpus: Meaning of habeas corpus is to produce the person. This writ is for the purpose of
liberty. When any public authority or private party deprive the liberty of any person contrary to law or
procedure or without any reason then court may order to release detained prison.

Eg: Police officer arrested 'x' on suspicious ground. Police have kept him in custody for one week without
producing him in the court and taking the remand. This is violation of procedure because arrested person to be
produced before magistrate for remand with in 24 hours of arrest. There is violation of proceudure and under
writ of habeas corpus court can order to release detained person.

This provision is not applicated when arrest and detention has been done during emergency and
under security laws. Such as preventive detention act, national security act, POTA.

2. Writ of Mandamous: Meaning of mandamous is "We Command".. When any public authority is not doing
legal duty or causing unreasonable delay to do the duty then court can order to do it. This remedy is availale
against government department, public company and corporation, institutions and not private parties. If public
duty is not done then reasons have to be given to the party.

Eg: 'A' have applied for licence to start a business. Licence department neither issued licence nor gave any
reasons. After 2 months he can file writ of mandamous againsgt the department and court can order to issue to
licence and to do the duty. Party who wants remedy have to complete required formalities.

3. Writ of prohibition: This is judicial writ available against high court from supreme court and against
subordinate court from high court when any court entertain a case without juristiction or power then it is
prohibited under this writ.

Eg: District court entertain a taxation case without jurisdiction. Taxation matters are decided by tribunals and
not direct courts. Therefore it can be prohibited under this writ.

4. Writ of certiorari: This is also judicial writ available against subordinate courts from supreme court and high
courts when any subordinate court is violating principle of nature justice then remedy is given under this writ.
Case may be transferred to other judge or other court.

Eg: Judge is relative of a party or advocate appearing in that case. If judge wants to do hearing and decide the
case then under this writ case may be transferred to other judge or the court because there is violation of
principles of natural justice.

5. Writ of Quo-warranto: Remedy under this writ is available when any public authority is misusing the power
or using excessive powers or doing ultra vires act. Therefore misuse of power is controlled by this writ. Eg:
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Principal of a college did admissions by violating rules of reservation. This is misuse of power done by
principal and court can cancel all the admissions.

Conditions to grant remedy under writ:

Following conditins have to be satisfied to take remedy under the writ

1. It should be "Prima Facie" case (Strong fact)

2. Court should have jurisdiction

3. When it is illegal act

4. When there is violation of procedure

5. Party have to approach court without causing unreasonable delay

6. Petitioner have to file affidavit

7. Court have to form opinion that party may win case in future

8. There should not be suppression of material facts.

This is detail about kinds of writs, conditions to be satisfied under writ in which court can check and
control administration.

7. What are different kinds of public corporations? Explain its characteristics and functions?

A) There are many public corporations which carry major administration of this country. All these public
corporations are under supervision and control of respective government.

Characteristics of public corporation:

1. It is a legal person which can sue or be sued.

2 There is registration of public corporation.

3. It has gto be function in a democratic manner because there is no one man show in public corporation and
all decisions are taken in the meeting of respective authorities.

4. There is supervision and control of government on public corporation

5. Corporation is having autonomous statures and it can run the administration according to rules and the law
which is in force.

6. There is limited interference of government in functions of public corporations but all policy decisions are
taken by respective government.

7. Public corporation have to do audit every year and send the audit report to respective government which can
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be discussed in meeting of ministers and also discussed in the house if necessary.

8. Public corporation have to oblige directions of respective government.

KInds and Functions of Public corporations:

Reserve Bank: has been established under reserve bank act 1934. It is like a corporation and all banks are
established by obtaining licence have R.B.I rules of reserve bank have to be followed by all other banks and
policy decisions of finance ministry have to be followed by reserve bank. In addition to this funcition reserve
bank have power to print, criculate all currency notes. It also destroy soiled currency notes and do printing of
same amount of notes. It also advance loan to government by taking security.

2. Life Insurance corporation (LIC):

LIC is under control of central government. LIC takes policies on life of the persons called as policy holders. It
also take policies of property and vehicles. Any dispute between policy holder and corporation is settled by LIC
and insurance tribunal. LIC also advance loan to policy holders and others by taking security of policy or
property. LIC also accepts the premiums according to terms and conditions accepted by policy holders.

3. Indian Airlines corporation (IAC):

This corporation is under supervision ad control of civil aviation ministry of central government. It carry
passengers by air and operate domestic and international flights. In addition to this it carry luggage called as
cargo and it is small parcels, postal articles, news papers and magazines. If there is accident of plane then
corporation makes payment of compensation to the victims or family members.

4. Damodar valley corporation (DVC):

This corporation is under control of irrigation ministry. It maintains reports and records of number of dams,
canals and irrigation of the land and production and distribution of electricity. It has to prepare report about the
functions every year and subit to central government which is discussed in parliament. It promote irrigation
facilities for agriculture.

5. Oil and Natural Gas Corporation (ONGC):

This corporation is under control of petrolium ministry of central government. It prepares the record of
availability of petroleum products and cooking gas. It takes approval of central government for import of
petroleum products to fulfill requirements of people of the country. It ensures distribution of petrolium products
and gas throughout the country. Any increase or decrease in prices of petroleum products and gas to be taken by
petroleum ministry.

6. Industrial Finance Corporation (IFC):

This corporation is established in all the states it advance loan only for purpose of establishment and
development of industries. It advance loan on reasonable loan of interest and make recovery in instalments and
it is long term loan. It has also power to give subsidy to promote industries.
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7. Dariy Development Corporation (DOC):

This corporation is under control of state government. It purchase the mil and after processing sells it in packets
in the cities. In addition to this, this corporation sells all milk products.

8. State Trading corporation (STC):

This corporation purchase essential commodities such as wheat, rice, sugar, pulses in open market and keep in
government godowns. If there is scarcity or inflation goes up then goods are released to sell in open market. It is
helpful to control inflation in market.

9. State Transport Corporation (STC):

This corporation is under state government. It operates buses and carry passengers by road with in the state and
out of the state. In addition to this it carry postal articles and parcels. Policy decisions are taken by state
transport ministry.

10. Municipal Corporation:

It is managed by municipal councillors. It collects property taxes and professional taxes with in municipal
limits. It carry functions of road repairs, water supply, municipal gardens, municipal schools, municipal
dispensary and to maintain drainage system. It carry functions only in jurisdiction of municipal limits.

These are the main public corporations and their functions in administration.

8. Explain the provisions of various kinds of administrative tribunals and their functions. What are advantages
and disadvantages of administrative tribunals?

A) In 1976 amendment was done in constitution and articles 323a and 323b have been included to establish
central and state administrative tribunals purpose of tribunals is to dispose civil matters more speedily and to
reduce burden of cases on civil courts. Tribunals dispose cases more speedily, more cheaply and more
efficiently. Tribunals are Quasi Judicial authorities having all the powers of civil courts.

Kinds and functions of tribunals:

1. State Service Tribunals: This tribunal entertain and decide disputes of services of state government
employees. Appeal from this tribunal is allowed to high court.

2. Central Administrative Tribunal (CAT): This tribunal decide disputes of service matters of central
government employees. Such as railway, post and telegraph, LIC, nationalised bank. Appeal from this tribunal
is allowed to supreme court because it is treated as equal to high court.

3. Industrial Tribunal: This tribunal decides disputes of workmen working in industries and factories under
central of state government. Appeal from this tribunal is also allowed to high court.

4. National tribunal: All disputes of labour or workmen under central government can be filed before national
tribunal This tribunal is generally in big cities having jurisdiction of particular area. Appeal from this tribunal is
allowed to supreme court.
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5. Railway Tribunal: This tribunal decide accident cases relating to payment of compensation of only train
accidents. There is no regular sitting of this tribunal. Appeal from this tribunal is allowed to supreme court.

6. Insurance Tribunal: This tribunal entertain and decide disputes relating to policy amount between policy
holder and insurance company. Appeal from this tribunal is also allowed to high court.

7. Intellectual property Tribunal: This tribunal entertain and decide disputes relating to intellectual property such
as trademark, copyright, design, patent right. It is between author of intellectual property and any one makes
violation of intellectual property right. Appeal from this tribunal is allowed to high court.

8. Income tax appellate tribunal: This tribunal decides disputes between assessee and income tax department. In
the beginning case is decided by tax authority having powers. After decision of tax officer appeal is allowed to
income tax appellate tribunal. Appeal from this tribunal is allowed to high court.

9. Sale tax appellate tribunal: This tribunal entertains and decide dispute between assessee and sale tax
department. In the beginning it is decided by sale tax officer having powers and after that appeal is allowed to
sales tax appellate tribunal. Appeal from this tribunal is allowed to high court.

10. Land Grabbing tribunal: This tribunal entertains and decides cases of illegal possession of private and public
lands. This tribunal has also powers to give punishment up to 3 years imprisonment to land grabber. Appeal
from this tribunal is also allowed to high courts.

Advantages or merits of tribunals:

1. It reduce burden of cases in courts.

2. It takes particular types of cases and decides its speedily.

3. Disputes can be represented even by parties and therefore it becomes cheap. Whereas in civil courts it is
costly.

4. Tribunals are generally retired persons and it become less expenditure on government because they are paid
consolidated renumeration.

5. Tribunals are experienced persons and they can decide the cases properly by using their experience.

Disadvantages or demerits of tribunals:

1. Many appeals go from tribunal to high court or supreme court and burden of cases is not reduced.

2. All tribunals are not legal experts and there is possibility of error of mistake in decisions.

3. Some tribunals have no regular sittings and it cause inconvenience to parties.

4. It is Quasi Judicial and parties gives less weightage than judgement of the court.

5. Tribunals are appointed for fixed term which is either three years or five years and they take less interest.

This is detail about kinds and functions of tribunals and its advantages and disadvantages in
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administration.

SHORT ANSWERS;

1. Rule of Law: A. V DICEY introduced the theory of rule of law which is applicable in administrative system.
Meaning of this doctrine is law is king of kings much mightier than anything else. All people are government by
rule of law and nobody is above the rule of law. Doctrine of rule of law includes following points.

1. There is supremecy of law.

2. All people including law makers are also government 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 class 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.

6. Doctrine of Ultra-vires: Executives have been delegated various powers which includes rule making power,
settlement of disputes power and purely executive powers. Executives have to carry on functions with in these
powers called as intra-vires functions. When any executive cross his limits then it is called as ultra-vires powers.
In order to control ultra-vires act court can interfere and decide legality of the powerss, 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 officer interfers in sales tax matters.

2. When there 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 subordinate employee without
holding departmental enquiry.

Therefore under administrative system there is check and control of judiciary and legislatures on ultra
vires act of executives.
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Administrative law

10. Lokpal and lokayukta:

Lokpal is appointed by central government. President has power to appoint lokpal in consultation with P.M,
chief justice of supreme court, speaker of parliament, leaders of opposition in 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 of consul 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.

Lokayukta is appointed in every state by state government. Governor has power to appoint lokayukta in
consultation with C.M, chief justice of high court, speaker of assembly, leader of opposition in assembly. Term
of Lokayukta is for 5 years and he is paid consolidated renumeration.

Lokayukta carry similar functions at state level. He keeps watch on ministers, politicians, judges,
executives for their illegal activities and misuse of powers. Lokayukta submits this report to state government
and on basis of report government can take necessary action to control illegal activities.

Therefore lokpal and lokayukta are having control over illegality in administration and they are called as
democratic watch dogs.

11. Rule of promisory estoppel: When government or any department gives in writing or frame rules or enter
into agreement then it cannot be withdrawn afterwards. According to rule of promisory estoppel any alteration
or change can be brought from beginning and not afterwards because it has already been promised. If there is
violation of such terms and conditions then court can apply estoppel and prevent it.

Rule of promisory estoppel 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 promisory estoppel was held in the leading case century textile mills ltd v/s Ullasnagar
municipality. In this case a party wanted to encourage industry municipality executed a document that it will not
collect entry tax on raw material up to 3 years 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 promisory
estoppel and ordered municipality not to collect entry tax upto 3 years according to rule of promisory estoppel.
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Administrative law

12. Commissioner of Inquiry: In 1952 commission of inquiry act was passed. Any superior authority have
power to take action against subordinate on reasonable ground such as misconduct, corruption, neglegence,
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 commissioner of enquiry act. It includes following
points.

1. Appointment of enquiry officer.

2. Employer or management have to appointment enquiry officer who should be impartial person called as
commission of enquiry.

3. Copy of alligations: Copies of all relevant documents called as copy of alligations 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 representation.

5. Hearing: Employee to be given opportunity to represent his side which includes filling of 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, observation,
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 legality of action of
employer.

These are the functions of commission of inquiry.

13. Quasi Judicial Functions: Quasi Judicial means just like court but exactly it is not court. There are
executives which carry three types of functions and these are legislative functions in which they make rules and
regulations, Quasi Judicial functions in which they decide some matters, and executive 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, incom tax
commissioner have quasi judicial function to settle dispute between assessee 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 procedure.

3. The have to carry functions they have to follow required procedure.

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.
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14. Conseil d'Etat: These are separate courts in France to enforce provisions of administrative law called as
conseit 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.

These courts in France creats more problems to people because they are answerable before both type of
courts. Executives can make harrasment to the people by filing false cases against the people. Executives have
supreiority because of administrative courts. No quasi judicial powers are given to executives because they 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 action are governed by civil courts.

15. Droit administratif: Meaning of Droif administratif is separate branch of law 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 to enforce
administrative law called as conseil d'Etat.

This system is not prevailing in other countries including India. Dicey has critised Droit Administratif
because two sets of courts create more problems for people and gives more powers to executives. Therefore
Droit administratif is only popular in France where there is separate courts and separate administrative agencies
to run the administration.