Q.
1 Answer the following questions in one or two sentences
a) What is the object of Administrative Law
The main object of Administrative Law is to control and regulate the administrative authorities, so
that their discretionary powers may not be turned into arbitrary power.
b) What is pecuniary bias?
Pecuniary bias arises when the adjudicator has economic interest in the subject matter of the
dispute. The Judge, while deciding a case should not have pecuniary or economic interest. In other
words, pecuniary interest in the subject matter of litigation disqualifies a person from acting as a
Judge.
c) What is Supremacy of Law?
d) What is doctrine of legitimate expectation?
e) What is Special leave to Appeal?
f) What is Tribunal des Conflicts?
g) What is ‘Sovereign function’?
h) What is mean by Injunction?
i) What is mean by Judicial review?
Judicial Review is a court’s power to review the actions of other branches of Government, especially
the court’s power to invalidate legislative and executive actions as being unconstitutional.
j) Give two examples of Tribunal in India.
i) Income Tax Appellate Tribunals, ii) Industrial Tribunals, iii) Railway Rates Tribunals,
iv)Administrative Tribunals under the Administrative Tribunals Act, 1985.
Q.2 Discuss Administrative Tribunal in detail.
Q.3 Explain the following
a) Sub-delegation
b) Unreasonableness
Q.4 Explain the provisions relating to Writs.
Q.5 Write an essay on Judicial Control of administrative discretion.
Judicial Control of Administrative Discretion
Administrative discretion refers to the power given to administrative authorities to make
decisions within the bounds of their legal authority. It allows them to choose from a range of
possible actions when implementing policies or making decisions. While this discretion is
necessary for efficient governance and flexibility in administration, it can lead to abuse or
arbitrary actions if not properly controlled. Judicial control of administrative discretion
ensures that such power is exercised lawfully, reasonably, and in line with the principles of
justice.
Nature of Administrative Discretion
Administrative discretion is a vital aspect of governance, especially in modern welfare states
where the role of the government has expanded significantly. It enables administrative
agencies to adapt to the diverse and dynamic needs of society. For instance, administrative
discretion may be required in areas like granting licenses, imposing penalties, or regulating
industries. However, excessive or unchecked discretion can result in abuse of power,
favoritism, or violation of fundamental rights.
Judicial Control: Importance and Scope
Judicial control of administrative discretion is essential to ensure accountability and prevent
misuse of power. The judiciary acts as a safeguard against arbitrary actions by administrative
authorities. It ensures that discretion is exercised within the legal framework and respects the
rule of law. The judiciary intervenes in cases where administrative actions are found to be
illegal, irrational, or unfair.
The scope of judicial control includes:
1. Legality: Courts ensure that administrative decisions comply with the statutory
framework. Any decision exceeding the limits of delegated authority is deemed ultra
vires (beyond powers) and is invalidated.
2. Reasonableness: Administrative decisions must be reasonable and not arbitrary. The
judiciary often applies the "Wednesbury Principle," which holds that a decision is
unreasonable if no reasonable person could have made it under the circumstances.
3. Procedural Fairness: Courts examine whether the principles of natural justice, such
as the right to be heard and impartiality, have been followed.
4. Proportionality: Decisions must strike a balance between the objectives sought and
the means employed. The doctrine of proportionality, widely applied in administrative
law, ensures that the actions of authorities do not impose excessive burdens on
individuals.
Grounds for Judicial Intervention
Judicial control is exercised on the following grounds:
1. Abuse of Power: When discretion is used for improper purposes, such as personal
gain, favoritism, or malice, the judiciary can annul such decisions.
2. Failure to Exercise Discretion: Authorities must not surrender their discretion by
acting under the influence of another authority or by following rigid policies without
considering the specific circumstances of a case.
3. Error of Law: Misinterpretation or misapplication of legal provisions can lead to
judicial intervention.
4. Violation of Fundamental Rights: Any administrative action infringing upon
constitutionally guaranteed rights, such as equality or freedom of speech, is subject to
judicial scrutiny.
5. Unreasonableness and Irrationality: Decisions that are arbitrary, capricious, or
irrational can be challenged in court.
Judicial Remedies
The judiciary employs several remedies to control administrative discretion, including:
1. Writs: Constitutional provisions allow courts to issue writs like mandamus,
certiorari, prohibition, and quo warranto to check administrative excesses.
2. Declaratory Judgments: Courts may declare the rights and obligations of parties
involved, providing clarity and guidance.
3. Injunctions: Administrative authorities may be restrained from taking unlawful
actions.
4. Compensatory Relief: In some cases, courts may award damages to individuals
affected by administrative abuse of discretion.
Challenges in Judicial Control
Despite its importance, judicial control of administrative discretion faces several challenges.
These include:
1. Judicial Overreach: Excessive interference by courts may hinder administrative
efficiency and autonomy.
2. Complexity of Administrative Decisions: Judges may lack the technical expertise
required to assess the nuances of certain administrative actions.
3. Delays: Judicial proceedings can be time-consuming, delaying justice and disrupting
administrative processes.
4. Balancing Act: The judiciary must strike a balance between controlling discretion
and respecting the independence of administrative authorities.
Conclusion
Judicial control of administrative discretion is a cornerstone of good governance and the rule
of law. It ensures that administrative authorities act within the bounds of legality,
reasonableness, and fairness. While judicial intervention is necessary to prevent abuse of
power, it must be exercised judiciously to avoid encroaching upon the autonomy of
administrative bodies. A harmonious balance between administrative efficiency and judicial
oversight is essential to maintain trust in public administration and safeguard individual
rights.
Q.6 Write short notes
a) Equality before law
b) Ram Jawaya Vs. State of Punjab (AIR 1955 SC 549)
c) Maneka Gandhi Vs. Union of India ( AIR 1978 SC 597)
d) Lok Pal 78
