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Administrative Law Notes

LLB Administrative Law Notes book with legal education themes by Emily Chen
Administrative Law – Exam-Oriented Notes
1. Meaning of Administrative Law

Administrative Law is the branch of public law that regulates the powers, functions, duties and control of administrative authorities (executive agencies).

Definitions

Kenneth Culp Davis

  • Law concerning powers and procedures of administrative agencies.
  • Includes judicial review of administrative action.

A.V. Dicey

  • Determines legal status and liabilities of state officials.
  • Defines rights and liabilities of citizens in dealings with public officials.

Ivor Jennings

  • Administrative law is the law relating to administration.
  • Deals with organization, powers and duties of administrative authorities.

Nature

  • Subset of Public Law.
  • Controls executive action.
  • Ensures fairness and legality in administration.
  • Developed with the rise of the Welfare State.
2. Need for Administrative Law

Reasons

  1. Growth of Welfare State.
  2. Increasing functions of government.
  3. Technical and complex legislation.
  4. Need for quick decisions.
  5. Delegation of legislative powers.
  6. Protection of citizens from misuse of administrative powers.

Objectives

  • Maintain balance between individual liberty and state control.
  • Prevent administrative despotism.
  • Ensure legality, reasonableness and fairness.
3. Sources of Administrative Law
(A) Constitution of India
  • Primary source.
  • Article 73 – Executive power of Union.
  • Article 162 – Executive power of States.
  • Provides for tribunals, public corporations and government liability.
(B) Acts/Statutes

Examples:

  • Companies Act, 2013
  • SEBI Act, 1992
  • Insolvency and Bankruptcy Code, 2016
(C) Ordinances, Notifications, Circulars & Administrative Directions

Examples:

  • Criminal Law (Amendment) Ordinance, 2013
  • Minimum Wages Notifications.
(D) Judicial Decisions
  • Courts interpret administrative powers.
  • Article 141: Law declared by Supreme Court is binding on all courts.
4. Rule of Law

Developed by

A.V. Dicey

Meaning

Government should be governed by law and not by arbitrary power.

Three Principles

1. Supremacy of Law

  • No arbitrary power.
  • Government actions must have legal authority.

2. Equality Before Law

  • Everyone is equal before ordinary courts.
  • No special privileges.

3. Predominance of Legal Spirit

  • Rights protected through courts and judicial precedents.
Rule of Law in India

Constitutional Basis

Preamble

  • Justice
  • Liberty
  • Equality
  • Dignity

Fundamental Rights (Part III)

  • Check arbitrary action.

Directive Principles (Part IV)

  • Guide welfare legislation.
Important Cases

State of M.P. v. Thakur Bharat Singh (1967)

  • Executive action affecting citizens must have legislative authority.

Kesavananda Bharati v. State of Kerala (1973)

  • Rule of Law is part of Basic Structure of Constitution.
5. Administrative Discretion

Meaning

Freedom of administrative authority to choose among alternatives according to reason and justice.

Importance

  • Flexibility.
  • Technical decision-making.
  • Quick administration.

Example

RTO granting driving licence after driving test.

Limitation

Discretion should not be:

  • Arbitrary
  • Vague
  • Capricious
  • Mala fide
6. Judicial Review

Meaning

Power of courts to examine legality of legislative and executive actions.

Purpose

  • Prevent abuse of power.
  • Ensure constitutional compliance.

Constitutional Basis

  • Articles 13, 245, 246
  • Articles 32 and 226

Features

  • Reviews decision-making process, not merits of decision.
  • Declares ultra vires acts void.
Important Cases

Airport Authority of India v. Centre for Aviation Policy (2022)

  • Courts generally do not interfere in policy decisions unless arbitrary or mala fide.

S. Pratap Singh v. State of Punjab (1964)

  • Judicial review available for abuse or mala fide exercise of power.

Hind Construction v. Workmen (1965)

  • Punishment can be struck down if shockingly disproportionate.

7. Stages of Judicial Review

(A) At Delegation Stage

Court checks whether discretion delegated is constitutional.

Administrative Discretion & Article 14

Article 14 prohibits arbitrary discretion.

Case:

State of West Bengal v. Anwar Ali (1952)

  • Excessive and unguided discretion violates Article 14.
(B) Administrative Discretion & Article 19

Restrictions on freedoms must be reasonable.

Cases

Dr. Ram Manohar v. State of Delhi (1950)

  • Externment powers upheld because safeguards existed.

Hari v. Deputy Commissioner of Police (1956)

  • Valid due to hearing and appeal rights.

H.R. Banthis v. Union of India (1979)

  • Licensing provisions struck down due to vague criteria.
8. Abuse of Administrative Discretion

Grounds

  1. Mala Fides (Bad Faith)
  2. Irrelevant Considerations
  3. Ignoring Relevant Considerations
  4. Arbitrary Orders
  5. Improper Purpose
  6. Colourable Exercise of Power
  7. Violation of Procedure/Natural Justice
  8. Excess of Jurisdiction

Case

Tata Cellular v. Union of India (1996)

  • Government has freedom of choice but not for collateral purposes.
9. Non-Application of Mind

Occurs when authority fails to exercise discretion properly.

Forms

(a) Acting Under Dictation

Commissioner of Police v. Gordhandas Bhanji

  • Decision invalid.

(b) Self-Restriction

  • Rigid application of policy without considering facts.

(c) Mechanical Exercise of Power

  • No independent application of mind.
10. Remedies Against Administrative Action
A. Constitutional Remedies
  • Judicial Review under Articles 32 and 226.
B. Statutory Remedies

Statutory Appeals

Example:

  • Competition Act → NCLAT → Supreme Court.

Reference to High Court

Example:

  • Income Tax Act provisions.
C. Ordinary/Equitable Remedies

1. Injunction

Prohibitory Injunction

Stops wrongful acts.

Temporary Injunction
  • During proceedings.
Perpetual Injunction
  • Final relief.

Mandatory Injunction

  • Compels performance of positive acts.

2. Declaratory Action

Court declares rights of parties.

3. Damages

Compensation for wrongful administrative acts.

11. Principles of Natural Justice

Meaning

Justice should not only be done but should also appear to be done.

Constitutional Basis

  • Article 14
  • Article 21
Main Principles

A. Rule Against Bias

(Nemo Judex in Causa Sua)
“No one should be a judge in his own cause.”

Types of Bias

1. Pecuniary Bias

Financial interest.

Case: J. Mohapatra v. State of Orissa (1984)

2. Personal Bias

Friendship, enmity, relationship.

Cases:

  • Mineral Development Ltd. v. State of Bihar
  • Manek Lal v. Prem Chand

3. Subject Matter Bias

Direct connection with dispute.

Includes:

  • Departmental bias
  • Pre-judgment
  • Acting under dictation

B. Rule of Fair Hearing

(Audi Alteram Partem)
“Hear the other side.”

Components of Fair Hearing

1. Right to Notice

Notice must be:

  • Proper
  • Adequate
  • Clear
  • Reasonable

Case: Annamalai Cotton Mills v. Tamil Nadu Electricity Board

2. Right to Present Case & Evidence

3. Right to Rebut Adverse Evidence

Cross Examination

Case: S.C. Girotra v. UCO Bank

Legal Representation

Allowed where complexity exists.

Case: Nandini Satpathy v. P.L. Dani

4. Disclosure of Evidence

All material relied upon must be disclosed.

5. Speaking Orders

Orders must contain reasons.

Cases

  • Canara Bank v. Debasis Das
  • Sunil Batra v. Delhi Administration
12. Exceptions to Natural Justice
  1. Statutory Exclusion
  2. Emergency Situations
  3. Interim Disciplinary Action
  4. Academic Evaluation
  5. Impracticability

Important Cases

Maneka Gandhi v. Union of India (1978)

  • Post-decisional hearing permissible in emergencies.

Abhay Kumar v. K. Srinivasan

  • Suspension/debarment can be interim.

P. Radhakrishna v. Osmania University

  • Mass copying cases need not involve individual hearings.
13. Effect of Violation of Natural Justice

Void vs Voidable

Void

  • Invalid from beginning (void ab initio).

Voidable

  • Valid until set aside by court.

Case

Nawabkhan v. Gujarat (1974)

  • Order passed without hearing and affecting fundamental rights is void ab initio.
14. Liability of Government
A. Contractual Liability

Article 299 Requirements

A valid government contract must:

  1. Be in name of President/Governor.
  2. Be in writing.
  3. Be executed by authorised person.

Important Point

  • Non-compliance makes contract void.

Cases

Gujarat State Financial Corporation v. Lotus Hotels

  • Mandamus may enforce contractual obligations.

Shrilekha Vidyarthi v. State of U.P.

  • State must act fairly even in contracts.
B. Quasi-Contractual Liability

Section 70, Indian Contract Act

Government must compensate if it enjoys benefits of lawful services supplied.

15. Tortious Liability of State

Tort

Civil wrong arising from breach of legal duty.

Vicarious Liability

State may be liable for wrongful acts of its servants.

Exceptions

  • Judicial acts in good faith.
  • Sovereign functions (limited protection).
Important Cases

Rudal Shah v. State of Bihar (1983)

  • Compensation for illegal detention.

Bhim Singh v. State of J&K (1986)

  • Compensation for unlawful arrest.

Saheli v. Commissioner of Police (1990)

  • Compensation for police brutality.

Lucknow Development Authority v. M.K. Gupta (1994)

  • Compensation recoverable from erring public servant.
One-Day Revision Sheet

Dicey’s Rule of Law

  1. Supremacy of Law
  2. Equality Before Law
  3. Predominance of Legal Spirit

Natural Justice

  1. Nemo Judex in Causa Sua
  2. Audi Alteram Partem
  3. Speaking Order

Abuse of Discretion

  • Mala fide
  • Irrelevant considerations
  • Improper purpose
  • Arbitrary action
  • Excess jurisdiction

Remedies

  • Judicial Review
  • Statutory Appeal
  • Injunction
  • Declaration
  • Damages

Key Articles

  • Art. 14 – Equality
  • Art. 19 – Freedoms
  • Art. 21 – Life & Liberty
  • Art. 32 – Supreme Court Remedies
  • Art. 226 – High Court Remedies
  • Art. 299 – Government Contracts
  • Art. 141 – Supreme Court law binding

These notes cover the major exam-oriented concepts, definitions, case laws, articles, and revision points from Lesson 4: Administrative Law.

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