Administrative Law - Sultan Uloom Material

LL.B. (3-YDC) Second Year, III Semester, Regular.
Paper – III Administrative Law
Administrative Law
Long Questions & Answers
1Q. Define Administrative law and explain its nature and scope. How
administrative law is related with constitutional law?
Ans. 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 as follows:
1. Legislatures
2. Judiciary
3. Executive.
1. Legislatures :- it 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 interoperate 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 exist
both the organs. Therefore executive is sub ordinate organ.
Administrative aw is defined by different authors as follows:-
Law Students Federation – Administrative Law Study Material (III Semester) – Dec, 2015.
LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – III Administrative Law
1. Jenning :- Administrative law is the law relating to organisation powers
and duties of administrative authorities.
2. Prof J.W. Wady: Administrative law is control of government powers done

by officials or public authorities.
3. Davis :- Administrative law is relating to power and procedures do all

administrative agencies.
4. M.P Jain:- Administrative law deals with structure, power and functions
and procedure to be followed in exercising these powers by the
executives.
Nature of Administrative Law:
1. It is codified 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:- It is very wide because major role is carried by

executives in administration. If executives may not corporate then both the
organs cannot carry functions. Executive carry three types of functions because
there is wide scope to them and these functions are:
1. Legislative Function
2. Judicial Function
3. Purely Executive Function.
1. Legislative Function:- Executive have power to make rules and regulations

called as Subordinate legislation. Rules of executive should not be in
contravention of supreme legislation.
Eg : Traffic commissioner makes traffic rules, DEO makes School rules,

Director of Higher Education makes College rules.
2. Judicial Function :- Executive 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 charge sheet 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 and Constitutional Law:
Administrative law and constitutional law are co related. And overlapping such
as under constitution also powers have been delegated to some executives.
Eg : Powers of election commissioner, power of public service commission,

powers of human right commission.
Following are the points of difference between Administrative law and

constitutional law.
Administrative Law Constitutional law

1 Administrative law is not codified. Constitutional law is codified having articles
2 It is not enacted by legislatures. It is enacted by legislatures.
3 There is no scope for amendment. There is scope for amendment.
4 There are no fundamental rights. There are fundamental rights.
5 It is subordinate law. It is supreme law.
This is detail about Administrative law, its natures and scopes and distinguish
between administrative law and constitutional law.
2Q. Critically examine doctrine of separation of powers specified inn

administrative law?
Ans. 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 where 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 Powers
2. Judiciary Powers
3. Executive Powers
1. Legislative Powers:- 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 repeal the law by opinion of majority
members of the parliament or the assembly makes law for particular
state. Therefore legislatures is law making body.
2. Judiciary Powers:- Judiciary includes all the courts and judges. Supreme
court and high courts have been established according to provisions of
constitution. Judiciary have to interoperate the law, enforce the law,
follow the procedure and deliver the judgement according to law enacted
by legislatures. Therefore judiciary is law enforcement organ.
3. Executive Powers:- They are also called as administrative authorities,

public authorities, bureaucrats. Executives carry functions allotted by
legislatures under the legislation. 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 theoretically possible
but practically impossible. There cannot be water tight compartment. In
separation of 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
powers 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 un constitutional and set aside by supreme court.
2. Judiciary and Executive:- Anny action taken by executive can be

confirmed, altered, set aside by the court. If officer terminates sub
ordinate 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 makes rules and

regulations which is legislative functions. Such as helmet have to be
used by the 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 executives 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 Separation of powers and points of criticism

where powers are overlapping and mixing in administrative system.
3Q. Explain the provisions of delegated legislation and its kinds? How delegated
powers are controlled substantiate your answer with leading cases?
Ans. Delegate means to give, legislation means law making or rule making or
other powers 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 made
administration. 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 field expert knowledge is necessary.

Executives have such knowledge and they carry administration by using
expert knowledge.
2. Divisions of Powers :- There is division of powers or separation of powers

accepted in administrative system. Therefore executives are delegated
powers.
3. Necessity :- Necessity or requirement of every department is different and

executives fulfil it by using there 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 of 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 numbers of executive and therefore

they carry heavy burden in administration by using there powers.
Kinds of Delegated Legislation:-
There are 5 kinds of delegated legislation.
1. Colonial legislation
2. Judicial legislation
3. Executive legislation
4. Autonomous legislation
5. Municipal legislation.
1. Colonial Legislation: This law was enacted by kings applicable in

respective territory.
2. Judicial legislation: Supreme court makes rules for all courts in

India. High court for all courts in state.
Eg : Appointment of staff, holidays in court, transfers, allotment of

work.
3. Executive Legislation : Executive are superior officers makes rules

for respective dept. binding on people.
Eg : Rules of traffic made by traffic commissioner , rules of DEO for
school education, rules of tax commissioner.
4. Autonomous Legislation: These rules are made by autonomous

bodies such as bank, LIC, university , Railway and Airlines.
5. Municipal Legislation : These rules are made by municipal

Councillors effective with in municipal jurisdiction.
Eg : Rules of property tax, road widening, municipal gardens,

schools and dispensary.
Control of Delegated Legislation:
There are three methods by which delegated legislation or delegated powers

can be controlled.
1. Legislative Control
2. Judicial Control
3. Procedural Control
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 of 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 judiciary
security. Court can examine legality, validity, reasonableness of use of
powers. If powers used are illegal or ultra virus or violation of procedure
then court can set aside administrative action.
Eg: Principle of the college have the power to do admissions. If he makes

violation of rules and reservation then court can set aside all the
admission because there is misuse of powers.
3. Procedural Control:- There is procedure laid down for the executives. If
4.
procedure is not followed then any administrative action can be set aside
by the court.
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 24hrs of the arrest. If it is violated then under the writ of Habeous
corpus court can order to release arrested person.
Eg : Superior officer have power to take action against sub ordinate for
any misconduct there is a procedure to hold departmental enquiry before
taking action other wise court 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 manufactured tablet 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 there powers.
The court held that valgure 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.
4Q. What are the principles of Natural Justice? Explain your answer with
relevant cases?
Ans. Natural justice means any act of fairness. Principles of natural justice have
universal application in administration 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 case.
2. nobody should be condemned un heard(Audi Alteram Partem).
3. He who hears should decide.
4. Justice not only to be done but seem to have been done.
1. No Man Should be Judged in his Own Case:-
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. Pecuniary Bias:- Pecuniary means relating to finance or money. If judge his

having any pecuniary interest in the case then he should not decide that
case.
Eg : Judge is share holder 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 Matters:- If judge is honorary body member of 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 can decide by hearing one side called as Ex party decision.
This principle includes following points:-
1. Court have to issue summons to both sides party and the witnesses.
2. Judges makes adjournment many times to give opportunity to party.
3. Any no 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 wherever it is necessary.
8. Appeal is allowed in superior 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.
3. He Who Hears Should Decide:-
According to this principle judge who makes hearing have to decide the
case. If 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 not only to be done but seem to have been done:-
Judge 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 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.
Case :-2. 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
have violated natural justice and court ordered to issue hall ticket.
Case :-3. Dr Panineni v/s State of Orissa.
Petitioner was doctor in government hospital. She was terminated from service
on the ground that she has done misappropriation in the funds given by the
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.
5Q. Explain liability of state in torts and contracts with relevant case laws?
Ans. There is liability of state or the government in torts as well as contracts. 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 where
vested in the chair of king. After development in administrative system
constitution came into force and powers have been separated among
legislature, judiciary and executive. Under article 299 of constitution there is
provision that state or the government is having liability for breach of contract.
Under article 300 of constitution it has been specified that state or the
government is having liability for the torts committed by employee under
vicarious liability. State or the 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 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 5yrs term on contract basis after 2yrs
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.
Case :- 2. Memon Mohammed v/s State of Gujrat.
Petitioner was a business man his goods where seized by food adulteration
inspector on ground of adulteration and unloaded in government go down.
When case was filed in the court adulteration was not proofed in the testing
done by expert in laboratory and court gave order to release. The goods there
was leakage in government go down and goods where spoiled because of rain
water. Petitioner filed a case against government to claim damages. The court
held that goods where 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 railways transport goods where unloaded on a station

part of the goods where stolen on railway station consignor filed a case 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.
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 the 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 and government is employer. Therefore under
vicarious liability government is liable to pay damages or compensation was
awarded to plaintiff.
Case :-2. Supriya ghosh v/s Union of India.
A railway gate keeper negligently 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 dashed 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
negligence by keeping railway gate open at the time of arrival if train. Therefore
under vicarious 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 custody police

officers gave mercy less beating and accused succumb (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
negligence 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 government is having liability in

breach of contract as well as committed by employees.
6Q. How judiciary controls administration through writs ? Explain various kinds
or writes and conditions to grant remedy under writ?
Ans. Judiciary is independent organ. Specified in directive principles of the

constitution supreme court and high courts. Writ is like a weapon in hands of
supreme courts and high courts to central Government, enactive, sub-ordinate
judiciary. When there is violation of law and procedure. Therefore supreme
court and high court 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 obliged 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 directions 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 anybody on behalf of society without having Locus Standi.
Kinds of Writs:- There are five kinds of writs.
1. Writ of Habeas Corpus
2. Writ of Mandamus
3. Writ of Prohibition
4. Writ of Certiorari
5. Writ of Quo-Warranto
1. Writ of Habeas Corpus:- Meaning of Habeas corpous 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 person.
Eg: Police officer arrested ‘X’ on the suspicious ground. Police have kept
him in custody for 1 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 24hrs of arrest. There is
violation of procedure 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, PUTA.
2. Writ of Mandamus:- Meaning of mandamus is “we command” when any
pubic authority is not doing lega duty or causing unreasonable delay to do
the duty then court can order to do it. This remedy is available 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 mandamus against 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 jurisdiction or power then it is prohibited
under this writ.
Eg : District court extension a taxation case without jurisdiction. Taxation

matter are decided by tribunals and 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 natural 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 judges or the court . because there is violation or
principle 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 virus act. Therefore misuse of powers is controlled by this writ.
Eg : Principle of college did admissions by violating rules of

representatives. This is misuse of power done by principle and court can
cancel all the admissions.
Conditions to Grant Remedy under Writ:
Following conditions 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 fulfil 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.
7Q. What are different kinds of public corporations? Explain its characteristics
and functions?
Ans. There are many public corporations which carry major administration of
the country. All these public corporations are under supervision and control or
respective government.
Characteristics of Public Corporation:
1. It is a legal person which can sue and be sued.
2. There is registration of public corporations.
3. It has too 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 the 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 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 Corporation:-
1. 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 R.B have to be followed by all other banks and policy decisions of
finance ministry have to be followed by R.B. In addition to this function
R.B have power to print, circulate all currency notes. It also destroy soiled
currency notes and o 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 policy 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 premium according to
terms and conditions accepted by policy holders.
3. Indian Airlines Corporation(IAC):- This corporation is under supervision

and 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 lagage 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 maintained reports and records of no of dams,
cannels and irrigation of the land and production and distribution of
electricity. It has to prepare report about the functions every year and
submit 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 petroleum 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 fulfil
requirements of people of the country. It ensure distribution of petroleum
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 for purpose of establishment and development
of industries. It advances 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.
7. Dairy Development Corporation (DDC):- This corporation is under control
of state government. It purchases the milk and after processing sells it in
packets in the cities. In addition to 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 go downs. 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 within 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 there functions in administrations.
8Q. Explain the provisions of various kinds of administration tribunals and there
functions. What are advantages and disadvantages of administrative tribunals?
Ans. 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 n 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 of Functions of Tribunals:-
1. State Service Tribunals(SST):- This tribunal entertain and decide disputes
of services of state government employees. Appeal from this tribunal is
allowed to high court.
2. Central Administrative Tribunals(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 control 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 genrally
in big cities having jurisdiction of particular area. Appeal from this tribunal
is allowed to supreme court.
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,
patient right. It is between author of intellectual property and anyone
make violation of intellectual property right. Approval from this tribunal is
allowed in high court.
8. Income Tax Appellate Tribunal:- This tribunal decides disputes between

anise 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 entertain and decide dispute
between assersee and sale tax department. In the beginning it is decided
by sales 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 decided cases of
illegal possession of private and public lands. This tribunal has also
powers to give punishment up to 3yrs 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. Where as in civil courts it is costly.
4. Tribunals are generally retired persons and it become less expenditure on

government. Because they are paid consolidated remuneration.
5. Tribunals are experienced persons and they can decide the cases properly
by using there experience.
Disadvantages or Demerits of Tribunals:
1. Many appeals go from tribunal to high court or supreme court and burden
of cases is not related.
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 weight age then 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 in
administration.
Short Questions & Answers

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

people.
There are also some exceptions where rule of law is not applicable.
1. In reservation policy backward classes are given better opportunity in

education and employment by violating equality which is against rule of
law.
2. President, governor and ambassador are above the law. And law cannot
touch them during continuation of the post.
3. Personal laws of Hindus and Muslims are against rule of law. Because
there is no equality in judicial remedies.
Therefore even though there are some exceptions rule of law is spirit of
administrative system.
2Q. Doctrine of Ultra-Vires?
Ans. Executives have been delegated various powers which includes rule making
power, settlement of disputes power and purely executive power. Executives
have to carry on functions with in these powers called as intra-vires functions.
When any executive cross his limits then it is called as ultra-vires act. Court can
interfere and decide legality of the powers, if it is Ultra-vires act then court can
set aside any action or decision taken by administrative authority. It includes
following points:
1. When any executive misuse his powers.
Eg : Income tax officers interfere in sales tax matters.
2. When thee is use of excessive powers such as examiner gives 110 marks
out of 100.
3. When there is violation of procedural law. Such as superior authority

terminates sub ordinate employee without holding departmental enquiry.
Therefore under administrative system there is check and control of judiciary

and legislatures on Ultra-vires act of executives.
3Q. Lokpal and Lok Ayukta?
Ans. Lokpal is appointed by central government. President has power to appoint

lokpal consultation with P.M. Chief justice of supreme court, leader of
opposition parliament. The term of lokpal is for 5 years. There is office of lokpal
having necessary staff. Lokpal carry following functions.
1. He keeps watch on illegal activities of politicians, ministers, superior

officers and judges for there 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 counsel of ministers and also kept

in parliament for discussion if necessary.
On report of lokpal central government can take action against ministers,
politicians, executives, judges to prevent such activity.
Lok Ayukta:- is appointed in every state by state government .Governor has

power to appoint lok ayukta in consultation with C.M, Chief justice of high court,
speaker of assembly, leader of opposition in assembly. Term of lok ayukta is for
5yrs and he is paid consolidated remuneration.
Lok ayukta carry similar functions at state level. He keeps watch on ministers,
politicians, judges, executives for there illegal activities and misuse of powers.
Lok ayukta submits this report to state government and on basis of report
government can take necessary actions to control illegal activities.
Therefore lokpal and lok ayukta are having control over illegality in
administration and they are called as democratic watch dogs.
4Q.Rule of Promisory Estoppel?
Ans. When government or any other department gives in writing or frame rules
or enter into agreement. Then it cannot be withdrawn afterwards. According to
rule of promissory estoppels. Any alteration or change can be brought from
beginning and not after wards because it has already been promised. If there is
violation of such terms and conditions then court can apply estoppels and
prevent it.
Rule of promissory estoppels includes following points.
1. It should be in writing.
2. All terms and conditions should be lawful.
3. There should not be any clause that it may be altered or changed in

future.
The rule of promissory estoppels was held in the leading case Century
textile mills ltd v/s Ullas nagar municipality. In this case a party wanted to
establish industry in a small town. In order to encourage industry
municipality executed a document that it will not collect entry tax or raw
material up to 3yrs period. After 1 year municipality issued notice that it is
going to collect entry tax on raw material owner of textile mill filed a case
in the court. Court applied rule of promissory estoppels and ordered
municipality not collect entry tax up to 3yrs according to rule of
promissory estoppels.
5Q. Commission of Inquiry?
Ans. In 1952 commission of inquiry act was passed. Any superior authority have
power to take action against subordinate or reasonable ground such as
misconduct, corruption, negligence, misuse of powers any criminal act. In order
to take action domestic enquiry or departmental enquiry or disciplinary
proceedings have to be conducted according to commission of enquiry act. It
includes following points:
1. Appointment of enquiry officer.
2. Employer or management have to appoint enquiry officer who should be

imperial person called as commission of enquiry.
3. Copy of allegations: Copy of all relevant document called as copy of

allegation have to be supplied to the employee.
4. Notice: Date and time is fixed for hearing and notice is given to the
employee to make representatives.
5. Hearing: Employee to be given opportunity to represent his side. Which

includes filling for relevant documents oral representation and producing
witnesses.
6. Adjournment: Enquiry officer can make adjournment and make hearing in

more sittings.
7. Submission of report: Commission of enquiry have to submit detailed

report about his findings, observations recommendation to employer or
management on basis of report employer can take reasonable action
against the employee. If employee challenged the action in the court then
court have to decide the legality action of employer.
These are the functions of commission of enquiry.
6Q. Quasi Judicial Function?
Ans. Quasi Judicial means just like court but exactly it is not court . there are
executive which carry three types of functions and these are legislative function
in which they make rules and regulations, quasi judicial in which they decide
some matters and execute functions are to assist both the organs.
Quasi judicial functions includes following points :
1. Powers are delegated under the act to carry such functions.
Eg: Collector have quasi judicial functions to take bond of good behaviour from
habituated criminals. Income tax commissioner have quasi judicial function to
settle dispute between assesse and tax department. Traffic inspector have quasi
judicial function to collect penalty for violation of traffic rules.
2. In quasi judicial functions they have to follow required functions.
3. They have to carry functions with in there powers.
4. Any quasi judicial function of executive can be challenged in the court and
court can decide legality of such action.
Therefore purpose of quasi judicial function is to reduce burden of petty

cases on the courts.
7Q. Conseil d’Etat?
Ans. There are separate courts in France to enforce provisions of administrative

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

administrative courts. And administrative action are governed by civil courts.
8Q. Droit Administratif.?
Ans. Meaning of Droit administratif is separate branch of which deals with

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

court and separate administrative agencies to run the administration.

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LL.B. (3-YDC) Second Year, III Semester, Regular.

Paper – III Administrative Law

Ans. Administrative law is relating to administration carried by administrative

1. Legislatures :- it includes elected members of parliament and state

2. Judiciary :- This is independent organ in administrative system. It includes

3. Executives :- It includes all officials in government departments public

Administrative aw is defined by different authors as follows:-

2. Prof J.W. Wady: Administrative law is control of government powers done

3. Davis :- Administrative law is relating to power and procedures do all

Nature of Administrative 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

Scope of Administrative Law:- It is very wide because major role is carried by

3. Purely Executive Function.

1. Legislative Function:- Executive have power to make rules and regulations

Eg : Traffic commissioner makes traffic rules, DEO makes School rules,

2. Judicial Function :- Executive have been delegated petty judicial powers

Relation between Administrative and Constitutional Law:

Eg : Powers of election commissioner, power of public service commission,

Following are the points of difference between Administrative law and

Administrative Law Constitutional law

2Q. Critically examine doctrine of separation of powers specified inn

Ans. Doctrine of Separation of powers was introduced by “French Jurist

There are three types of powers and these are

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 Powers:- Legislatures are members of parliament and state

3. Executive Powers:- They are also called as administrative authorities,

Criticism :- There is separation of powers but these powers are

Following are the points relating to criticism in enforcement of doctrine of

1. Legislatures and Judiciary:- Legislatures and Judiciary are also

2. Judiciary and Executive:- Anny action taken by executive can be

Executive have also powers to impose penalty which is judicial

3. Executive and Legislature:- Executives can makes rules and

This is detail about doctrine of Separation of powers and points of criticism

Reasons or causes of Delegated Legislation:

Following are the reasons to delegate powers to executives.

1. Expert Knowledge:- In many field expert knowledge is necessary.

2. Divisions of Powers :- There is division of powers or separation of powers

3. Necessity :- Necessity or requirement of every department is different and

5. Emergency Situation:- When any emergency situation arises then it can be

6. More in Number:- There are more numbers of executive and therefore

Kinds of Delegated Legislation:-

There are 5 kinds of delegated legislation.

1. Colonial Legislation: This law was enacted by kings applicable in

2. Judicial legislation: Supreme court makes rules for all courts in

Eg : Appointment of staff, holidays in court, transfers, allotment of

3. Executive Legislation : Executive are superior officers makes rules

4. Autonomous Legislation: These rules are made by autonomous

5. Municipal Legislation : These rules are made by municipal

Eg : Rules of property tax, road widening, municipal gardens,

Control of Delegated Legislation:

There are three methods by which delegated legislation or delegated powers

1. There is discussion about the powers in parliament of it is central act.

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

4. They can impose limitations over the powers.