Legum Baccalaureus (LLB) -PAPER-III: ADMINISTRATIVE LAW 3rd Semester Syllabus Short Notes

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PAPER – III

SYLLABUS SHORT NOTES

 

UNIT – 1

Nature and scope of Administrative Law

The nature and scope of Administrative Law encompass several key aspects:

·         Legal Framework: Administrative Law provides the legal framework within which administrative agencies operate, defining their powers, functions, and limitations.

·         Judicial Review: It allows for judicial review of administrative actions to ensure they adhere to legal standards and principles.

·         Due Process: Administrative Law incorporates principles of natural justice and due process, ensuring fairness and protecting individuals from arbitrary decision-making.

·         Delegation of Powers: It deals with the delegation of powers by the legislature to administrative agencies and sets limits on such delegations.

·         Rights and Remedies: It outlines the rights and remedies available to individuals affected by administrative decisions, including the right to challenge decisions in court.

·         Public Accountability: Administrative Law promotes public accountability by subjecting administrative agencies to legal scrutiny and oversight.

 

Meaning, Definition and Evolution of Administrative Law

Meaning of Administrative Law:

Administrative Law is a branch of public law that governs the activities of administrative agencies and ensures their actions comply with legal principles. It encompasses the legal framework that regulates the powers, procedures, and duties of administrative bodies, preventing abuse of authority and protecting individuals' rights against arbitrary actions.

Definition:

Administrative Law can be defined as the body of law that controls the government's administrative agencies. It sets the rules for decision-making, ensures fairness in administrative processes, and provides mechanisms for reviewing and challenging administrative actions.

Evolution of Administrative Law:

The evolution of Administrative Law is closely tied to the development of the administrative state. Historically, in the 19th century, the functions of the state were limited, and there was little need for specific legal principles governing administrative actions.

However, as the state's functions expanded, especially with the rise of welfare states and regulatory bodies in the 20th century, the need for legal mechanisms to control administrative powers became evident. The evolution of Administrative Law can be traced through various stages:

1.      Diceyan Era: A.V. Dicey, a legal scholar, emphasized the rule of law and believed that administrative actions should be subject to the same legal principles as those applied to individuals. However, early administrative law was limited, and the courts were hesitant to intervene in administrative matters.

2.      Laissez-faire Approach: Initially, there was a reluctance to regulate administrative actions extensively. The courts were inclined to adopt a laissez-faire approach, limiting their interference in administrative decisions.

3.      Expansion of the Administrative State: With the growth of the administrative state, especially in the mid-20th century, administrative agencies took on significant roles in policymaking, regulation, and public services. This expansion necessitated a more robust legal framework to ensure accountability and protect individual rights.

4.      Modern Administrative Law: In contemporary times, Administrative Law has become a well-developed field with detailed procedures, principles of natural justice, and avenues for judicial review. It addresses issues such as delegation of powers, discretionary authority, and the protection of individual rights in the face of administrative actions.

 

Reasons for the growth of Administrative Law

1.      Expansion of the State Functions: As the functions of the state expanded, especially with the rise of welfare states and regulatory bodies, there was a corresponding growth in administrative agencies. These agencies became involved in various aspects of governance, necessitating legal rules to regulate their activities.

2.      Complexity of Modern Society: The complexities of modern society require specialized knowledge and expertise to address issues such as health, environment, finance, and industry. Administrative agencies, equipped with such expertise, emerged to handle intricate matters, leading to the growth of Administrative Law.

3.      Social Welfare Programs: The introduction of social welfare programs and policies led to the establishment of administrative bodies responsible for their implementation. Administrative Law developed to ensure these bodies functioned within legal bounds while serving the public interest.

4.      Technological Advancements: The advancement of technology led to the creation of regulatory bodies overseeing sectors like telecommunications, energy, and the environment. Administrative Law evolved to govern these technologically intensive areas.

5.      Delegation of Powers: The delegation of legislative powers to administrative agencies became necessary for efficient governance. As legislative bodies delegated authority, the need for legal mechanisms to control and guide the exercise of such powers grew.

6.      Judicial Reaction to Administrative Actions: Courts began to recognize the need for legal constraints on administrative discretion. This led to the development of principles of natural justice and the concept of judicial review, contributing to the growth of Administrative Law.

7.      Increasing Public Participation: With an increasing emphasis on democracy and public participation, Administrative Law developed to ensure transparency, accountability, and fairness in administrative decision-making.

8.      Globalization and International Agreements: Administrative Law expanded to address issues arising from globalization, trade, and international agreements. Administrative agencies play a role in implementing and enforcing these agreements, requiring a legal framework to govern their actions.

 

Relationship between Administrative Law and Constitutional Law.

Administrative law deals with the organizations, powers, functions, and duties of administrative authorities while constitutional law deals with the basic principles which are relating to the organization and powers of various organs of the state and the relationship between the organs with the individuals.

It Is true that both constitution law and administrative law are parts of the public law which indicates that the constitutional law is the mother of administrative law and as a result, it cannot be possible to separate from each other.

According to Holland, constitutional law describes the various organs of the government and on the other hand, administrative law describes it in motion. And as a result, the executive and legislative structure come under the purview of constitutional law while their working is indicated as it governed by administrative law.

 

 

 

Aspect	Administrative Law	Constitutional Law
Basis of Authority	Derives authority from legislation, regulations, and judicial decisions governing administrative agencies.	Derives authority directly from the constitution, defining the structure of government and allocating powers.
Separation of Powers	Implements and ensures adherence to the separation of powers among the executive, legislative, and judicial branches.	Establishes the foundational principle of separation of powers within the government.
Review of Actions	Provides mechanisms for the judicial review of administrative actions, ensuring they comply with legal standards.	Allows judicial review to assess the constitutionality of laws, actions, and decisions, including those of administrative bodies.
Protection of Rights	Safeguards individual rights against arbitrary administrative decisions, ensuring fairness and due process.	Guarantees fundamental rights and liberties, providing a constitutional basis for protecting individual freedoms.
Delegation of Powers	Specifies rules and limitations for the delegation of powers to administrative agencies by legislative bodies.	Addresses the delegation of powers in the constitution, outlining the framework and constraints for such delegations.
Constitutional Safeguards	Works within the constitutional framework to establish safeguards like due process and natural justice in administrative proceedings.	Directly incorporates constitutional safeguards, ensuring adherence to fundamental principles in all government actions.
Purpose and Function	Regulates the activities of administrative agencies, ensuring legality, fairness, and accountability in their operations.	Establishes the fundamental principles and framework for the entire legal system, including the roles and functions of government bodies.

 

 

UNIT – 2

Basic concepts of Administrative Law

Rule of Law:

·         The Rule of Law is a foundational principle in administrative law. It signifies that every person, including the government, is subject to the law and is accountable for their actions.

·         It ensures that laws are clear, predictable, and applied consistently, preventing arbitrary exercises of power.

·         Administrative actions must align with established laws and legal principles, and individuals have the right to challenge government decisions in court.

Separation of Powers:

·         This concept delineates the distinct functions of the executive, legislative, and judicial branches of government.

·         Administrative Law ensures that administrative agencies, part of the executive branch, operate within the limits set by law and do not overstep their authority.

Natural Justice:

·         Also known as procedural fairness, natural justice requires fair procedures in decision-making.

·         It includes the right to be heard, unbiased decision-makers, and a fair hearing before adverse administrative actions are taken.

Discretion:

·         Administrative bodies often have discretionary powers, allowing them to make decisions within legal bounds.

·         Administrative Law sets the parameters for the exercise of discretion, ensuring it is reasonable, lawful, and not arbitrary.

Delegated Legislation:

·         Legislative bodies delegate authority to administrative agencies to create detailed rules and regulations.

·         Administrative Law governs the exercise of this delegated power, ensuring that regulations align with the parent legislation.

Judicial Review:

·         Judicial review is the process by which courts examine the legality of administrative actions.

·         Administrative Law establishes the grounds and procedures for judicial review, allowing individuals to challenge administrative decisions.

 

Rule of Law

The Rule of Law, a fundamental concept in Administrative Law, encompasses several key principles:

1.      Equality before the Law:

All individuals, including government officials, are subject to the same laws and are equal before the law.

2.      Legal Certainty:

Laws must be clear, predictable, and applied consistently to ensure legal certainty.

3.      Prevention of Arbitrary Power:

The Rule of Law prevents the arbitrary exercise of power by requiring that government actions have a legal basis.

4.      Access to Justice:

Individuals must have access to fair and impartial legal processes to challenge government decisions.

5.      Respect for Human Rights:

The Rule of Law emphasizes the protection of fundamental human rights and liberties.

 

Interpretation of Dicey's Principle of Rule of Law

A.V. Dicey, a legal scholar, outlined three key principles of the Rule of Law:

·         Absolute Supremacy of Law:

No one is above the law, and all individuals, including government officials, are subject to the law.

·         Equality before the Law:

Every person is equal before the law, and there should be no special privileges or exemptions based on status.

·         Predominance of Legal Spirit:

The Constitution is the result of the ordinary law of the land, and the rights of individuals are determined by the ordinary law of the land rather than by separate documents or bills of rights.

Interpreting Dicey's principles in the context of Administrative Law emphasizes the importance of clear legal rules, equality in the application of laws, and the subordination of government officials to the law. It underscores the idea that administrative actions should be based on legal authority and subject to legal review, ensuring the principles of the Rule of Law are upheld in administrative processes.

 

Modern trends

1.      Expansion of Judicial Review:

There is a growing trend of expanding the scope of judicial review to ensure effective scrutiny of administrative actions, especially in areas involving fundamental rights, environmental concerns, and public interest.

2.      Protection of Human Rights:

Administrative Law increasingly incorporates human rights considerations, aligning administrative actions with international human rights standards.

3.      Alternative Dispute Resolution:

The promotion of alternative dispute resolution mechanisms, such as mediation and negotiation, is a modern trend to resolve administrative disputes more efficiently.

4.      E-Governance and Technology:

With the rise of e-governance, Administrative Law is adapting to address legal issues related to digital transactions, data protection, and the use of technology in administrative processes.

5.      Globalization and Transnational Administrative Law:

Administrative Law is evolving to address issues arising from globalization, including cross-border regulatory matters, international agreements, and the harmonization of administrative practices.

6.      Citizen Participation:

There is an increasing emphasis on involving citizens in administrative decision-making processes, promoting transparency, accountability, and citizen engagement.

 

Theory of Separation of Powers

The theory of separation of powers, articulated by Montesquieu, posits the division of governmental powers into three branches: the legislative, executive, and judicial. Each branch has distinct functions, and no one branch should exercise the powers of the others. The aim is to prevent the abuse of power and protect individual liberties.

 

Position in India, UK and USA.

India:

India follows the parliamentary system, where the executive is drawn from the legislature. While there is no strict separation of powers, there is a functional separation. The President is the nominal head of the executive, and the judiciary has the power of judicial review. India has a written constitution that explicitly outlines the powers and functions of each branch.

United Kingdom (UK):

The UK has an unwritten constitution, and the separation of powers is not as distinct as in some other jurisdictions. The executive (the government) is drawn from the legislative branch (Parliament). However, the judiciary operates independently, and the Human Rights Act 1998 has contributed to a clearer separation of powers.

United States (USA):

The USA has a federal system with a clear separation of powers among the executive, legislative, and judicial branches. The President is the head of the executive, Congress is the legislative body, and the judiciary is independent. The U.S. Constitution explicitly delineates the powers of each branch, and there are checks and balances to prevent the concentration of power.

 

UNIT - 3

Classification of Administrative functions

Legislative Functions:

Involves the formulation and enactment of laws. While this is typically the role of the legislature, administrative bodies may be given rule-making powers by the legislature. These rules, often called regulations, have the force of law.

Quasi-Judicial Functions:

Involves decision-making that resembles judicial proceedings. Administrative bodies with quasi-judicial functions have the authority to adjudicate disputes, conduct hearings, and make decisions that affect individual rights. They must adhere to principles of natural justice.

Administrative Functions:

Encompass routine executive and managerial activities necessary for the day-to-day functioning of government. Administrative functions include tasks such as record-keeping, personnel management, and implementation of policies.

Ministerial Functions:

Ministerial functions are those performed by the political executive (ministers) in a government. These involve policy-making, political decision-making, and overall leadership of governmental departments.

 

Delegated Legislation

Delegated legislation is generally a type of law made by the executive authority as are the powers conferred to them by the primary authority in order to execute, implement and administer the requirements of the primary authority. It can be said that it is the law made by any person or authority under the power of parliament.

Delegated legislation, also known as subordinate or secondary legislation, refers to the process by which a higher authority (usually the legislature) confers powers on a lower authority (such as an administrative agency or government minister) to make laws. These laws, often referred to as statutory instruments, regulations, or orders, are used to fill in the details and implement the broad provisions of an enabling Act passed by the legislature.

Advantages of Delegated Legislation:

-          Save time for the legislature.

-          Allow for flexibility.

-          Expert opinion is required in legislation.

-          Parliament is not always present in the session.

-          Used as an experimental basis.

-          It is restored to use it in a situation of emergency.

-          Can be easily settle down with consulting the required party of the case.

 

Factors responsible for the rapid growth of delegated legislation:

1.      Pressure on parliament: the numbers of activities in states is expanding which requires law and it is not possible for the parliament to devote sufficient time to every matter.

2.      Technicality: sometimes there are certain subject matters which requires technicality for which there is a requirement of the experts who are professional in such fields and members of parliament are not experts for such matters.

3.      Flexibility: It is not possible for the parliament to look after each contingency while passing an enactment and the process of delegated legislation helps the executive authority to make laws according to situation. In the case of bank rate, policy regulation, etc., they help a lot in forming the law.

4.      Emergency: at the time of emergency, it is not possible for legislature to provide an urgent solution to meet the situation. In such case delegated legislation is the only remedy available.

5.      The complexity of modern administration: with the increasing complexity in modern administration and the functions of the state being expanded and rendered to economic and social spheres too, there is a need to shift to new reforms and providing (delegating) more powers to different authorities on some specific and suitable occasions.

Classification of Delegated Legislation:

Delegated legislation can be classified into various types based on its form, purpose, and authority. Common classifications include:

1.       Title-based classification: An Act may empower an authority to make regulations, rules, or bye-laws, to make orders, or to give directions. There is scarcely a limit to the varieties of legislative provisions which may exist under different names.

2.      Discretion-based classification (Conditional Legislation): Another classification of administrative rule-making may be based on discretion vested in rule-making authority. On the basis of 'discretion' administrative rule-making may be classified into subordinate and contingent or conditional legislation.

3.      Purpose-based classification: Another classification of administrative rule-making would involve the consideration of delegated legislation in accordance with the different purposes which it is made to serve. On this basis, the classification may be an Enabling Act, Alteration Act, Taxing Act, Supplementary Act, Classifying and Fixing Standard Act, Penalty For Violation Act, etc.

4.       Authority-based classification (Sub-Delegation): Another classification of administrative rule-making is based on the position of the authority making the rules. Sometimes the rule-making authority delegates to itself or to some other subordinate authority a further power to issue rules; such exercise of rule-making power is known as sub-delegated legislation. Rule-making authority cannot delegate its power unless the power of delegation is contained in the enabling Act.

5.      Nature-based classification (Exceptional Delegation): Classification of administrative rule-making may also be based on the nature and extent of delegation. The committee on Ministers Powers distinguished two types of parliamentary delegation:

a)      Normal Delegation:

(i)      Positive: Where the limits of the delegation are clearly defined in the enabling Act.

(ii)    Negative: Where the power delegated does not include the power to do certain things.

b)      Exceptional Delegation: Instances of exceptional delegation may be:

i)        Power to legislate on matters of principle.

ii)      Power to amend Acts of Parliament.

iii)    Power conferring such a wide discretion that it is almost impossible to know the limits.

iv)    Power to make rules without being challenged in a court of law.

Judicial and Legislative Control of Delegated litigation

1.      Judicial Control:

Ultra Vires Doctrine: Courts can review delegated legislation to ensure that it stays within the limits set by the enabling Act. If the subordinate legislation goes beyond the authority granted, it is deemed ultra vires (beyond power) and can be declared void.

Procedural Impropriety: Courts can examine whether proper procedures were followed in the making of delegated legislation. Failure to adhere to procedural requirements can render the legislation invalid.

2.      Legislative Control:

Parliamentary Approval: Some forms of delegated legislation may require approval from the legislature, ensuring that the elected representatives have oversight.

Annulment: The legislature can annul or repeal delegated legislation if it believes the regulations go against public interest or exceed the authority granted.

Effective judicial and legislative control mechanisms are essential to maintain the rule of law and prevent the abuse of delegated legislative powers. They ensure that administrative bodies do not overstep their authority and that the interests of individuals and the public are safeguarded.

 

UNIT – 4

Judicial Control of Administrative Action

Judicial control of administrative action involves the ability of courts to review and potentially invalidate administrative decisions. This control is essential to ensure that administrative authorities act within their legal powers, follow proper procedures, and make decisions that are fair and reasonable.

 

Grounds of Judicial Control

1.      Ultra Vires:

If an administrative body acts beyond the powers conferred upon it by law, the court can declare its actions ultra vires (beyond its legal authority) and invalidate them.

2.      Illegality:

Judicial control is exercised when administrative actions are illegal, meaning they contravene statutory provisions or other legal rules.

3.      Irrationality/Unreasonableness:

The court can intervene if an administrative decision is so irrational that no reasonable authority would have made it. This is known as the Wednesbury unreasonableness standard.

4.      Procedural Impropriety:

Courts can intervene if administrative bodies fail to follow proper procedures, including the principles of natural justice.

 

Principles of Natural Justice

1.      Right to a Fair Hearing:

Individuals have the right to be heard and present their case before an unbiased decision-maker.

2.      Rule Against Bias:

Decision-makers must be impartial, and decisions should not be influenced by bias or conflicts of interest.

3.      No One Should Be a Judge in Their Own Cause:

Those involved in decision-making should not have a personal interest in the outcome.

4.      Reasons for Decision:

Administrative bodies should provide reasons for their decisions to ensure transparency and allow for effective review.

 

Administrative discretion and its control

1.      Delegation Control:

The delegation of powers to administrative bodies must be lawful and within the limits set by the enabling legislation.

2.      Procedural Controls:

Proper procedures must be followed in the exercise of administrative discretion, including adherence to the principles of natural justice.

3.      Review Mechanisms:

Judicial review provides a mechanism for courts to examine the exercise of administrative discretion to ensure it is lawful and reasonable.

4.      Guiding Policies:

Administrative discretion should be exercised in accordance with established policies and guidelines.

 

Wednesbury Principle (Doctrine of Proportionality)

The Wednesbury principle, derived from the case Associated Provincial Picture Houses Ltd v Wednesbury Corporation, establishes that an administrative decision can be challenged if it is so unreasonable that no reasonable authority could have come to it. The court assesses whether the decision falls within the bounds of reasonableness.

 

Doctrine of Legitimate Expectation.

The Doctrine of Legitimate Expectation is one amongst several tools incorporated by the court to review administrative action. This doctrine pertains to the relationship between an individual and a public authority. According to this doctrine, a person may have a responsible or legitimate expectation of being treated in certain way by the concerned authority.

Origin of doctrine of Legitimate expectations:

The doctrine is not a specific legal right engraved in a particular statute. This first time, an attempt was made to establish the principles of the doctrine were in the case of council of civil service union and others vs. minister for the civil service that the decision of the public authority should affect the person search that –

·         His rights and obligations are altered, which are enforceable by or against him,

·         He is deprived of some benefits or advantages which he had been permitted by the authority body in the past.

·         Which he could have legitimately expected to enjoy until it valid ground for withdrawal of the same was communicated to him or

·         He had been assured by the decision making body that such a benefit or advantage would not be withdrawn until him being given an opportunity of contending reason as to why they were withdrawn.

Case law: State of Kerala Vs. K.G. Madhavanpillai

In this case, sanction was issued for the respondents to open a new aided school and to upgrade the existing schools, however, an order was issued 15 days later to keep the previous sanction in abeyance. This order was challenged by the respondents in lien of violation of principles of natural justice. The Supreme Court ruled that the sanction had entitled the respondents with legitimate expectation and the second order violated principles of natural justice.

 

UNIT - 5

Remedies available against the State

1.      Judicial Remedies:

Individuals can seek redress through the regular judicial system by filing lawsuits against the state for violations of rights, breach of duty, or other legal wrongs.

2.      Writs:

Writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, can be sought from higher courts to remedy specific legal issues.

3.      Administrative Remedies:

Administrative remedies may involve filing complaints or seeking review through administrative bodies or ombudsman offices.

4.      Compensation:

Individuals may seek compensation for damages suffered as a result of the state's actions through the legal process.

5.      Specific Performance:

In cases involving contracts, individuals may seek specific performance, requiring the state to fulfill its contractual obligations.

 

Writs

writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian citizens against the violation of their fundamental rights. Article 32 and article 226 in the Indian constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court respectively against the violation of his/her fundamental rights.

The Indian constitution provides 5 types of writs which can be issued by the courts. They are:

1.      Habeas Corpus:

Habeas Corpus is issued by the court in those cases where a person is illegally detained. It means ‘to have the body’ and it is one of the most effective remedies available to a person detained.

Case law: Sunil Batra Vs. Delhi administration,

     In this case, the Supreme Court had accepted the application made through a letter by a co-convict (a stranger) due to the inhuman treatment of prisoners. In this case, the letter was accepted as an application and the writ of habeas corpus was issued.

 

2.      Mandamus:

Mandamus means “We command”. This writ is a command issued by court to a public official, public body, corporation, inferior court, tribunal or government asking them to perform their duties which they have refused to perform. Due to this, mandamus is called as “wakening call” and it wakes the sleeping authority to perform their duties.

Case law: Bhopal Sugar Industries Ltd. Vs. Income Tax Officer, Bhopal.

     In this case, the Income tax appellate tribunal had given clear direction to the respondent income tax officer by its final order. Then income tax officer had still refused to carry out the directions given by the tribunal. It was held by the Supreme Court that income tax officer had a mandatory duty to fulfil the directions given by the tribunal and non-performance of which amounts to grave injustice. Thus, the writ of mandamus was issued to direct the officer to carry out the directions of the tribunal.

 

3.      Certiorari: “to be certified”

Certiorari is a different type of writ when compared with other writs. This writ is corrective in nature which means the purpose of this writ is to correct an error which is appeared on the records.

     Illustration: There is a case in the district court and the court has no jurisdiction to decide such cases. Still, the district court judge tries the case and gives his decision and an application is made by A to the high court. Hereby the power of issuing writs, the high court will issue a writ of certiorari on the order of the district court, as a result, the order of the district court will be quashed.

 

4.      Prohibition:

This writ is not issued often and is an extraordinary remedy which a superior court issues to an inferior court or tribunal for stopping them from deciding a case because these courts do not have the jurisdiction. If the court or tribunals does not have jurisdiction and it still decide the case, it will be an invalid judgement because for an act to be legal it should have the sanction of law.

Example: If a district court is hearing an appeal against the judgement of the high court, such an act is bound to be prohibited because the District Court does not have the power to hear such an appeal. So, writ of prohibition will be issued against such an act of District Court.

 

5.      Quo Warranto:

A writ to Quo Warranto is issued by the court against a private person when he assumes an office on which he has no right. Quo Warranto literally means ‘by what authority’ and it is an effective measure to prevent people from taking over public offices.

Illustration: A who is a private citizen and has no qualification for the post of sub-inspector assumes such office. Here a writ of Quo Warranto can be issued against A to call into question his authority on which he has taken the control of the office of sub-inspector.

 

Lokpal and Lokayukta

Lokpal: The Indian Model of the ombudsman i.e., Lokpal is a forum where the citizens can lodge a complaint against a public officials, which would then be inquired into and the citizen would be provided with some redressal, In National level.

Lokayukta: The Lokayukta is a similar ombudsman institution at the state level, responsible for addressing corruption complaints against state-level public officials.

After much deliberation the Lokpal and Lokayuktas Act, 2013 was enacted by the parliament.

Feature	Lokpal	Lokayukta
Jurisdiction	National level; Deals with central government officials and employees	State level; Deals with state government officials and employees
Enforcement	Members of Parliament, ministers, and central government employees	Members of Legislative Assembly (MLAs), ministers, and state government employees
Appointment	Appointed by the President of India on the advice of a selection committee	Appointed by the Governor of the respective state on the advice of a selection committee
Legislation	Governed by the Lokpal and Lokayuktas Act, 2013	Governed by state-specific Lokayukta Acts, which may vary from state to state
Functions	Investigate and prosecute cases of corruption at the central government level	Investigate and prosecute cases of corruption at the state government level
Coverage	Covers corruption cases involving central government entities	Covers corruption cases involving state government entities
Independence	Functions independently of the central government	Functions independently of the state government
Implementation Status	The Lokpal became operational at the central level after the appointment of its members.	Lokayuktas operate in various states, and their status and effectiveness may vary depending on state-specific legislation and implementation.

 

Right to Information:

Right to Information (RTI):

Individuals have the right to seek information from public authorities, promoting transparency and accountability in government functioning.

RTI Applications:

Citizens can file RTI applications to access information held by public authorities, subject to certain limitations and exemptions.

Appeals:

If the requested information is denied, individuals can appeal the decision, and information commissions at various levels adjudicate on such appeals.

 

Liability of the State in Torts and Contracts

1.      Torts:

The state can be held liable in tort for actions that result in harm or injury to individuals. The principles of negligence, nuisance, or trespass may apply.

2.      Contracts:

The state, like any other party, is bound by contracts it enters into. Individuals can seek remedies for breach of contract, including specific performance or compensation.

3.      Sovereign Immunity:

In some jurisdictions, the concept of sovereign immunity limits the ability to sue the state. However, many jurisdictions have waived or limited sovereign immunity in specific circumstances.

4.      Statutory Liability:

Legislation may establish the conditions under which the state can be held liable for certain actions or omissions.

 

Rule of Promissory Estoppels

Meaning:

The rule of promissory estoppel is a legal doctrine that prevents a party from going back on a promise, even if the promise is not supported by consideration. In essence, if one party makes a clear and unequivocal promise, and the other party relies on that promise to their detriment, the first party may be estopped (prevented) from reneging on the promise.

Requirements of Promissory Estoppel:

1.      Promises made a significant promise to cause the promisee to act on it.

2.      Promisee should rely and act on the promise.

3.      Promisee should suffer significant damage by relying on the promise.

4.      Fulfilment of the promise is the only way the promise can be compensated.

Application:

Promissory estoppel is often applied in contractual contexts, and it is a principle that promotes fairness and prevents injustice when one party relies on a promise to their detriment.

Case law: Motilal Padampat Sugar Mills Vs. State of UP.

Facts: Government of UP announced to give tax exemption from sales tax for three years to all new industrial units of the state. Based on this, plaintiff sought confirmation from Director of Industries who reiterated the decision of UP govt. Further unequivocal assurance was given by Chief Secy of Govt., on behalf of UP Government, to plaintiff about the same. Plaintiff on this categorical assurance, borrowed money from financial institutions, brought plant and machinery and set up a new plant in UP. However, State govt. went back upon this assurance and instead now promised to give partial concession to which plaintiff consented and started production. Once again, however, State govt. went back even on this promise denying any concession to be given. Plaintiff sued the government on account of promissory estoppel.

Issues: whether in present case, plaintiff’s action is bound to succeed?

Judgement: in the above case the court held that where the government makes a promise, even in sovereign, administrative or governmental capacity, and, in fact, promisee, acting in reliance on it, government will be abstained to go back on its promise.

 

Administrative Tribunals

The 42^nd amendment to the constitution introduced part XIV-A which included Article 323A and 323B providing for constitution of tribunals dealing with administrative matters and other issues. According to this provision of the constitution, tribunals are to be organized and established in such a manner that they do not violate the integrity of the judicial system given in the constitution which forms the basic structure of the constitution.

Characteristics:

1.      Administration tribunals must have statutory origin i.e., they must be created by any statute.

2.      They must have some features of the ordinary court but not all.

3.      An administrative tribunal performs the quasi-judicial and judicial functions and is bound to act judicially in every circumstance.

4.      They are not adhered by strict rules of evidence and procedure.

5.      Administrative tribunals are independent and not subject to any administrative interference in the discharge of judicial or quasi-judicial functions.

6.      In the procedural matters, an administrative tribunal possesses the power of a court to summon witnesses, to administer oaths and to compel the production of documents, etc.

7.      These tribunals are bound to abide by the principal of natural justice.

8.      A fair, open and impartial act is the indispensable requisite of the administrative tribunals.

9.      The prerogative writs of certiorari and prohibition are available against the decision of administrative tribunals.

Commissions of Inquiry

Commissions of inquiry are temporary bodies appointed by the government to investigate specific matters of public concern. These commissions have the authority to gather evidence, interview witnesses, and make recommendations based on their findings.

Main Provisions:

There are almost 12 Provisions which are defined under the Commission of inquiry Act, 1952 but only some of the provisions are main:

Section 3: appropriate government by giving notification in the official gazette can appoint a commission of inquiry.

Section 4: powers of the commission has been defined.

Section 5: Additional powers of the commission have been described in this section.

Section 8:  Deals with the procedure that needs to be followed by the Commission. Though the Commission has the power to regulate or make its own procedures but still are bound by certain provisions.

Characteristics:

1.      Independence: Commissions are expected to operate independently from the government to ensure impartial investigations.

2.      Inquisitorial Powers: They have the power to compel witnesses, subpoena documents, and gather evidence.

3.      Public Hearings: Commissions often hold public hearings to ensure transparency and accountability.

4.      Recommendations: While they do not have the power to enforce decisions, commissions can make recommendations for action based on their findings.

 

Public Corporations.

A public corporation is that form of public enterprise which is created as an autonomous unit, by special act of parliament or the state legislature. Since the public corporation is created by statute; it is also known as statutory corporation.

Some salient features of a public corporation:

1.      Special statute.

2.      Separate legal entity.

3.      Capital provided by the government.

4.      Financial autonomy.

5.      Management by board of directors.

6.      Own staff.

7.      Service motive.

8.      Public Accountability.

Advantages of a public corporation:

1.      Bold management due to operational autonomy.

2.      Legislative control.

3.      Qualified and contented staff.

4.      Tailor made statue.

5.      Not affected by political changes.

6.      Lesser likelihood of exploitation.

7.      Reasonable pricing policy.

A Public corporation suffers from the following limitations:

1.      Autonomy and flexibility, only in theory.

2.      Issues of monopolistic power.

3.      Rigid constitution.

4.      low managerial efficiency.

5.      Problem of passing the special act.

6.      Clash of divergent interests.

Some Examples of Public corporation in India:

-          Life insurance corporation of India.

-          The Indian airlines.

-          The air India international.

-          Oil and natural gas commission etc.

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DOWNLOAD SYLLABUS SHORT NOTES PDF of ADMINISTRATIVE LAW:

DOWNLOAD - Administrative Law syllabus short notes (revised on 29-01-2024)

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GOTO OTHER SUBJECTS SHORT NOTES 

|||||||| 1st SEMESTER ||||||||||

P-V: Environmental Law 

||||||||| 2nd SEMESTER |||||||||

P-I: Contract Law - 2 

P-II: Family Law - 2

P-III: Constitutional Law - 2

P-IV: Law of Crimes

P-V: Law of Evidence

|||||||||| 3rd SEMESTER ||||||||||||||||

P-I: Jurisprudence

P-II: Law of Property

P-III: Administrative Law

P-IV: Company Law

P-V: Labour Law - 1

|||||||||| 4th SEMESTER ||||||||||||||||

P-1: Labour law - 2

P-II: Public International Law

P-III: Interpretation of Statutes

P-IV: Land Laws

P-V: Intellectual Property Law

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Note: Some of the short notes are intended for a basic understanding of the subject topics. For a more in-depth understanding, please refer to the textbooks.