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The document outlines landmark administrative law cases in India that emphasize the principles of natural justice. Key cases include Mohinder Singh Gill v. Chief Election Commissioner and Maneka Gandhi v. Union of India, which highlight the necessity of fairness and the right to be heard in administrative actions. It also discusses the interpretation of the separation of powers doctrine in the Indian Constitution through cases like Ram Jawaya Kapur v. State of Punjab.
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0% found this document useful (0 votes)
843 views2 pagesAdmin Law Cases
The document outlines landmark administrative law cases in India that emphasize the principles of natural justice. Key cases include Mohinder Singh Gill v. Chief Election Commissioner and Maneka Gandhi v. Union of India, which highlight the necessity of fairness and the right to be heard in administrative actions. It also discusses the interpretation of the separation of powers doctrine in the Indian Constitution through cases like Ram Jawaya Kapur v. State of Punjab.
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Harshwardhan G1Copyright
© © All Rights Reserved
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Admin Law Cases
Landmark Cases
Administrative Law
Principles of Natural Justice
1. Mohinder Singh Gill v. Chief Election Commissioner (1977) - natural justice
should be in every action whether it is judicial, quasi-judicial, administrative and or
quasi-administrative work
2. Swadeshi Cotton Mills v. Union of India (1981) - held that the Principles of
Natural Justice are considered as fundamental and are included in all decision-
making functions.
A K Kraipak v. Union of India
In this case, a committee was constituted for the selection of officers into the All
India Forest Service.
The Chief Conservator of Forest was one of the members of the said committee.
The said Chief Conservator at that time had also applied to be selected for the All
India Forest Services.
Eventually he got selected for the post.
Held, violative of natural justice - Rule against Bias/Personal Bias
Gullapalli Nageswara Rao v. State of Andhra Pradesh & Ors
scheme for nationalization of motor transport was notified by State Govt.
Secretary who originally initiated scheme and who heard objections was the same
person
Supreme Court quashed the scheme -
reasonable likelihood of bias is sufficient
Maneka Gandhi v. Union of India
Post decisional hearing is an exception
the Regional Passport Officer, New Delhi under the Passports Act had ordered
Maneka Gandhi to surrender her passport. She was issued a show cause notice but
she was not allowed to present her case before the passport authority.
Impounding passport was considered not valid
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Ridge v. Baldwin
UK - House of Lords case
doctrine of natural justice (procedural fairness in judicial hearings) must be applied
in cases of administrative decision making as well
dismissal of Chief Constable from police service without giving him an opportunity of
being heard
Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
interpretation of the separation of power doctrine
It interpreted the Australian Constitutional Principles and held that the Indian
Constitution does not follow the strict separation of powers doctrine.
Essential powers and incidental powers - Incidental powers can be shared between
organs of state
Indira Gandhi v. Raj Naraian AIR 1975 SC 2299
Separation of powers is part of the basic structure of the constitution.
None of the three separate organs of the republic can take over the functions
assigned to the other.
