Mumbai University

3 Years LLB- Semester III (January 2023),

Administrative Law Law
Questions & Answers

Q1) Define Administrative Law? What are the sources of Administrative

law?
➢ Administrative Law is the law relating to the administrative operation
of government.
➢ It deals with the powers and duties of administrative authorities, the
procedure followed by them in exercising the powers and discharging
the duties and the remedies available to an aggrieved person when his
rights are affected by any administrative action.
➢ According to A.V. Dicey, Administrative law is a part of a nation’s legal
system, which specifies and determines the duties and legal status of
all state officials. It also defines the rights and responsibilities of
private individuals in their dealings with public officials.
➢ According to Sir Ivor Jennings, ‘Administrative law is the law relating
to the administration. It determines the organization, powers and
duties of administrative authorities.
➢ Administrative law specifies the methods and procedures for
implementing or enforcing those rights and liabilities.
➢ The main sources of Administrative law are:
a) The Constitutional Law;
b) Statutes/Acts;
c) Delegated Legislation;
d) Rules and Regulations;
e) Ordinances:
f) Judicial Decisions;
g) Committee Reports;
h) Principles of Natural Justice;
Q2) What is Droit Civile & Droit Administratif? Give its salient features
of Droit Administratif?
➢ The French legal system has dual system of law and dual system of
adjudication viz: “Droit Civile" and "Droit Administratif”.
➢ Droit Civile relates to civil law or municipal law.
➢ "Droit Administratif relates to administrative law;
➢ Both are laws and both are administered by different set of courts.
➢ Droit Administratif provides inexpensive relief and better protection
to the people against administrative acts and omissions. Since, there
was no forum which would redress the grievances of the citizens against
the administration.
➢ With a view to keep the administration under control, the system of
droit administratif was put into practice by Napolean Bonaparte.
Salient features of Droit Administratif.
a) Acts suo moto and impose duty on the subject (i.c. citizen) to obey.
b) Decision by suo motu, but within the limit of liabilities, etc.
c) The French administrative tribunals which came into existence under
the system of "Dro
d) The French administrative tribunals which have come into existence
under Droit Administratif are not subject to supervisory control or
Writ jurisdiction of the Courts, as there is no dichotomy of public
law litigation and private law litigation in France.
e) Tribunals which came into existence under Droit Administratif are
not concerned with private disputes.
f) The administrative tribunals in France are independent, and are not
considered as part of the governnment, they have independent
existence.
Q3) What is Conseil-d-Etat?
➢ The Conseil d’État is the highest administrative jurisdiction in France.
➢ It is the final arbiter of cases relating to executive power, local
authorities, independent public authorities, public administration
agencies or any other agency invested with public authority.
➢ The Council of State (Conseil d’État) also advises the Government of
France on the preparation of bills, ordinances and certain decrees.
➢ It also answers the Government’s queries on legal affairs and conducts
studies upon the request of the Government or through its own initiative
regarding administrative or public policy issues
➢ In discharging the dual functions of judging as well as advising the
Government, the Conseil d’État ensures that the French administration
operates in compliance with the law. It is therefore one of the principal
guarantees of the rule of law in the country.

Q4) What is the difference between English Administrative law and

Indian Administrative law?
➢ In English Administrative Law, parliament is supreme and all court
activities should be consistent with parliamentary acts.
➢ In India, Constitution is supreme and all rules, regulations,
notifications, and procedures of government must be in consistent with
the constitutional provisions.

Q5) Explain Doctrine of Separation of Power as propounded by

Montesquieu?
➢ It is generally accepted that there are three main categories of
governmental functions: (i) the legislative, (ii) the Executive, and (iii)
the Judicial.
➢ At the same time, there are three main organs of the Government in
state i.e. legislature, executive and judiciary.
➢ According to the theory of separation of powers, these three powers
and functions of the Government must, in a free democracy, always be
kept separate and exercised by separate organs of the Government.
➢ Thus, the legislature cannot exercise executive or judicial power; the
executive cannot exercise legislative or judicial power of the
Government and the judicial cannot exercise legislative or executive
power of the Government.
➢ The doctrine of separation of power in its true sense is very rigid and
this is one of the reasons of why it is not strictly accepted by the
large number of countries in the world.
➢ The main object of Doctrine of separation of power is that there should
be government of law rather than having willed and whims of the
officials.
➢ Also another most important feature of this doctrine is that there
should be independence of judiciary i.e. it should be free from the
other organs of the state and if it is so then justice would be delivered
properly.
➢ The Indian Constitution has indeed not recognized the doctrine of
separation of powers in its absolute rigidity, but the functions of
different parts or branches of the government have been sufficiently
differentiated and consequently it can very well be said that our
Constitution does not contemplate assumption, by one organ or part of
the state, of functions that essentially belong to another.
➢ Doctrine of Seperation of Power is broadly followed by our Constitution.
➢ Executive powers are with President of India; Legislative powers are
with Parliament and judicial powers are with judiciary comprising
supreme court, high court and other subordinate court.

Q6) Indira Gandhi Vs Raj Narain- Case Study?

➢ The case of Indira Gandhi v. Raj Narain was a landmark judgment for
many reasons.
➢ It was the first time in the history of independent India that a Prime
Minister’s election was set aside. It was also the first time a
constitutional amendment was struck down by applying the doctrine of
basic structure as determined in the Kesavanada Bharati case.
➢ In 1971 general elections, Indira Gandhi won against Raj Narain with
heavy margin.
➢ Raj Narain did not accept the defeat and decided to appeal to nullify
the election, accusing Indira Gandhi of adopting corrupt practices
during her election campaigns.
➢ He challenged the Prime Minister’s election by filing a petition in the
Allahabad High Court, putting allegations on Indira Gandhi of violating
the election code as her election campaigns were assisted by many
government officers which also included the armed forces and local
police.
➢ He also alleged that Indira Gandhi had used government vehicles for
her election campaigning, and had distributed liquor and blankets
amongst the voters so as to influence them and had also exceeded the
campaign expenses limit which was Rs 35,000.
➢ Allahabad High Court declared Indira Gandhi’s election void on grounds
of corrupt practices, Indira Gandhi made an appeal against the decision
with Supreme Court.
➢ The Supreme Court was on vacation at that time so she was granted a
conditional stay. Thereafter, emergency was declared due to internal
disturbance.
➢ In the meantime, Indira Gandhi passed the 39 th constitutional
amendment, which introduced Article 392A to the Constitution of India.
➢ This article states that the election of the Prime Minister and the
Speaker cannot be questioned in any court of law, it can only be
challenged before a committee formed by the Parliament itself. Thus,
barring the Supreme Court from deciding Indira Gandhi’s case.
 Therefore, the constitutional validity of this amendment was
challenged.
➢ The Hon’ble Supreme court laid down the basic structure doctrine in
the Kesavanada Bharati case.
➢ The doctrine of basic structure says that the parliament’s unlimited
power to amend the constitution is subject to only one restriction i.e
it should not dilute or violate the basic structure of the constitution or
the effects of the amendment should not be disturbing in nature
towards the basic structure of Constitution.
➢ Supreme Court expressed that Clause (4) of Article 329- needed to be
struck down on the ground that it hampers the standards of free and
fair elections which is a part of the basic structure of the Constitution.
➢ The Court also held that as per the People’s Representative Act, 1951,
Expenditure incurred by a political party for the purpose of the election
of the candidates of the party is not included in the election expenses
of the candidate.

Q7) What is rule of law?

➢ One of the very basic principles of the English Constitution is the
concept of Rule of Law.
➢ The concept is well established in all legal systems in the world which
include the constitutions of the United States of America and India.
➢ Chief Justice Edward Coke of England, who held office during the reign
of King James I, is considered to be the originator of this doctrine.
➢ Justice Coke while emphasizing the supremacy of law against the
executive stated that the King should be under God and Law.
➢ The theory of Justice Coke was developed by Dicey in his classic work
“The Law and the Constitution” which was published in the year 1885.
➢ Dicey in his work stated that Rule of Law is fundamental to the English
legal system and gives the following three meanings to the doctrine:
Supremacy of Law
a. Rule of law according to Dicey means the absolute supremacy or
predominance of regular law as opposed to the influence of arbitrary
power or wide discretionary power.
b. It means the exclusion of the existence of arbitrariness on part of the
government.
c. This in essence means that no man can be arrested, punished or be
lawfully made to suffer in body or in goods except by the due process
of law and for breach of a law established in the ordinary legal manner
before the ordinary courts of the land.
Equality before Law:
➢ While explaining this aspect of the doctrine, Dicey stated that there
must be equality before the law or equal subjection of all classes to
the ordinary law of the land administered by the ordinary law courts.
➢ Dicey believed that the exemption of civil servants from the
jurisdiction of the ordinary courts of law and providing them with the
special tribunals was the negation of equality.
Predominance of Legal Spirit:
➢ The phrase legal spirit refers to the spirit of justice.
➢ This concept advocates the principle that law should be according to
justice and not vice-versa.
➢ Dicey was against providing rights such as the right to personal liberty,
freedom, etc. merely in the written constitution of the country. He
observed that in many countries such rights are guaranteed by a written
Constitution. However, in England,those rights are the result of judicial
decisions in concrete cases that have actually arisen between the
parties.
➢ Thus he emphasized the role of the courts of law as guarantors of
liberty and suggested that the rights could be secured more adequately
if they were enforceable in the courts of law than by mere declaration
of those rights in a document.
Q8) Keshwanand Bharti V/s State of Kerala.
➢ Kesavananda Bharati & others V/s State of Kerala is one of the leading
cases in the constitutional history of India and is popularly known as
the Fundamental Rights case.
➢ Kesavananda Bharati was the chief pontiff of the Edneer Mutt, a
monastic religious institution located in Kasaragod district, Kerala.
➢ The Kerala state government passed the Land Reforms Amendment Act
in 1969. As per this Act, the government could acquire some of the
lands that belonged to the Mutt.
➢ In March 1970, Bharati moved the Supreme Court (under Section 32
of the Constitution) to enforce the rights that were guaranteed to him
(i) Right to practice & propagate religion under Article 25; Right to
manage religious affairs under Article 26; Right to equality under
Article 14; Freedom to acquire property under Article 19(1).
➢ The Kerala state government enacted another law, the Kerala Land
Reforms (Amendment) Act, 1971 even as the petition was under the
court’s consideration.
➢ Petitioners contended that the Parliament can’t amend the Constitution
in a manner they want as their power to do this is limited. The
Parliament cannot make an amendment to the Constitution to change its
basic structure.
➢ Petitioners argued that the 24th & 25th Constitutional Amendments were
violative of the Fundamental Right provided in Article 19(1)(f).
➢ The State said that the Parliament’s supremacy is the Indian legal
system’s basic structure and hence, it has boundless power to amend
the Constitution. The respondents stressed that in order to fulfil its
socio-economic obligations the unlimited power of the Parliament to
amend the Constitution must be upheld.
➢ The landmark judgement was delivered in April 1973 by a razor-thin
majority of 7:6.
➢ The majority held that any provision of the Indian Constitution can be
amended by the Parliament in order to fulfil its socio-economic
obligations that were guaranteed to the citizens as given in the
Preamble, provided that such amendment should not change the
Constitution’s basic structure.
➢ The minority, however, in their dissenting opinion, were wary of giving
the Parliament unlimited amending power.
➢ The court held that the 24th Constitutional Amendment was entirely
valid. But it found the first part of the 25th Constitutional Amendment
to be intra vires and the second part of the same ultra vires
➢ The majority of the bench wished to safeguard the Constitution by
preserving its basic features.
➢ The judgment was based on sound reasoning and it was given after a
careful analysis of multifarious aspects.
➢ The bench opined that if the Parliament were to get unfettered power
to amend, there were chances of that power to be misused, and that
governments would change it as per their own preferences and whims.
➢ Such limitless powers vested in the hands of the government would mean
that the basic features and also the very essence and spirit of the
Indian Constitution could be changed.

Q9) What is Administrative Discretion?

➢ Discretion means an ability to make informed choices. It is an inherent
quality to discern right from wrong and arrive at decisions based on
reason and not according to personal whims and fancies.
➢ Administrative discretion implies the authority vested in the executive
i.e. the public officials to undertake administrative action based on
their judgment.
➢ Administrative discretion can include the power to act or not to act.
The exercise of administrative discretion is of paramount importance
to facilitate good governance based on the principles of natural justice.
➢ The emergence of welfare state has led the government to perform
multitudinous functions to address numerous socio-economic grievances
of the people.
➢ In view of the various functions performed by the administrative
authorities, it is quite necessary to give them discretionary powers in
order to enable them to realise various objectives of the modern state.
➢ Though, they should be given such discretionary power or authority, it
is also expected of them that they should exercise the same, judicially
or reasonably having due regard to the principles of Natural Justice,
etc.
➢ If they do not exercise these powers reasonably, it is quite possible
that, the very purpose of the modern Welfare State would be
defeated. Therefore, these authorities should be subject to the
judicial control. In other words, they (ie. administrative authorities or
their officers) cannot exercise these powers arbitrarily, and in order
to ensure the same judicial control becomes necessary.

Q10) Write note of Judicial Review?

➢ Judicial Review refers to the power of the Judiciary to review and
determine the validity of a Law or an Order.
➢ Judicial review is defined as the doctrine under which executive and
legislative actions are reviewed by the judiciary.
➢ Even though we have in India the principle of separation of powers of
the three arms of the State, namely, the executive, the legislative
and the judiciary, the judiciary is vested with the power of review over
actions of the other two arms.
➢ Judicial review is considered a basic structure of the constitution
(Indira Gandhi vs Raj Narain Case).
➢ Judicial review is the power of the courts to consider the
constitutionality of acts of organs of Government and declare it
 unconstitutional if it violates or is inconsistent with the basic principles
of the Constitution.
➢ This means that the power of the legislature to make laws is not
absolute and that the validity and constitutionality of such laws are
subject to review by the courts.
➢ Suo Moto cases and the Public Interest Litigation (PIL), with the
discontinuation of the principle of Locus Standi, have allowed the
judiciary to intervene in many public issues, even when there is no
complaint from the aggrieved party.

Q11) Diff between constitutional law and administrative law?

➢ The difference between Administrative law and Constitutional Law is
that administrative law is subordinate to Constitutional law. In
contrast, Constitutional law is the highest law in India and is considered
supreme.
➢ Both constitutional and administrative law, concerned with the functions
of the government, are components of public law in the modern nation-
state. More specifically, Administrative law is an addition to the
supreme law of the land,i.e the Constitutional law.
➢ Constitutional law governs the legislative and executive branches, but
Administrative law governs their operations.
➢ Constitution law is codified into a single text in countries with a written
constitution. Administrative Law is generally not codified. There might
be hundreds of thousands of Administrative laws.

Q12) Write a note on doctrine of proptionality?

➢ Doctrine of proportionality finds its place in the Administrative Law and
is used at the stage of Judicial Review.
➢ The doctrine asserts that there must be a reasonable nexus between
the desired result and the measures taken to reach that goal.
➢ The action taken must not be disproportionate to the consciousness of
the court and the said action may then be challenged by way of judicial
review.
➢ Let's say, if in a workplace some workers remain absent from their
duty then the punishment for it must be proportional, that is, the
employer may treat it as leave without pay and may warn them or may
even levy a fine but to dismiss them from service permanently would
be disproportional. In India the doctrine of proportionality was adopted
by the Supreme Court of India in the case of Om Kumar v. Union of
India.

Q13) Write a note on delegated legislation? What is judicial control over

delegated legislation?
➢ According to the Constitution, the legislative body has legislative
powers, while the executive branch can carry out implementation of
legislation. Similarly, the judiciary has the authority to settle disputes
and administer justice.
➢ Delegation is the act of entrusting a person/authority with power or
empowering him to perform on behalf of the person who has provided
him that power or to serve as his agent or representative.”
➢ The term ‘delegated legislation’ refers to the exercise of legislative
power by an individual/authority who is lower in status than the
legislature or is subordinate towards the legislature. When the
executive authority which is subordinate to supreme or soverign power
makes the law in the form of rules, regulations, bye-laws then such
legislation is called delegate legislation.
➢ Delegated legislation, also known as auxiliary legislation, is an act made
by someone or something other than Parliament.
➢ For example, we may find an act made by parliament empowers states
to make certain modifications based on the requirement of respective
state.
➢ Judicial control over the delegated legislation is through judicial review
process. The court has to see that the power delegated is within the
ambit of the constitution as prescribed.
➢ Judicial review is more effective because court do not recommend but
it clearly strikes down the rule which is ultra vires in nature.

Q14) Write a note on Parliamentary Control over delegated legislation?

➢ It is the duty of the legislature to ascertain and ensure that the
powers are properly exercised by the administrative authority or
executive authority to which the power have been delegated by the
legislature.
➢ The object of legislative control or parliamentary control is to supervise
and control the actual exercise of delegated powers and to keep watch
over such executive and administrative authority and to avoid abusive
and unwarranted use by the authority.
Types of Legislative/Parliamentary Control:
➢ Laying on table: Laying is an important and essential aspect under direct
control and it is laid down as per the requirement which means that
after making the rule/regulations/bye-laws by executive/admin
authority, it should be placed before the Parliament.
➢ Parliamentary Committees: Each house has a committee on subordinate
legislation. The need for such committees has been felt because of the
fact that merely laying rules before a house would not be of much use
unless some method is evolved to scrutinize the rules so laid. The house
as a whole being pressed for time cannot exercise any effective
supervision over delegated legislation itself. Also, individual members
are not adequately equipped to carry on a scrutinous of the massive
and complicated delegated legislation being turned out by the govt
departments. These committees scrutinizes the delegated legislations
and placed their findings/reports in parliament which are discussed.
➢ Publication: It is necessary that subordinate legislation in order to take
effect must be published or promulgated in some suitable manner
whether such publication or promulgation is prescribed by the parent
statute or not.

Q15) Concept of Administrative Tribunal?

➢ The 42nd Amendment to the Constitution introduced Part XIV-
A included Article 323A and 323B for providing for constitution of
tribunals dealing with administrative matters and other issues.
➢ Administrative tribunals are quasi judicial bodies made through specific
enactments done by legislature for reducing the heavy burden of courts
and speedy administration of justice.
➢ Administrative tribunals must have statutory origin i.e. they must be
created by any statute.
➢ They must have some features of the ordinary courts but not all.
➢ An administrative tribunal performs the quasi-judicial and judicial
functions and is bound to act judicially in every circumstance.
➢ Administrative tribunals are independent and not subject to any
administrative interference in the discharge of judicial or quasi-judicial
functions.
➢ In the procedural matters, an administrative tribunal possesses the
powers of a court to summon witnesses, to administer oaths and to
compel the production of documents, etc.
➢ These tribunals are bound to abide by the principle of natural justice.
➢ A fair, open and impartial act is the indispensable requisite of the
administrative tribunals.
➢ The prerogative writs of certiorari and prohibition are available against
the decisions of administrative tribunals.

Q16) Distinguish between Courts and Tribunals?

 Courts Administrative Tribunal
A Court of law is a part of the The administrative tribunal is an agency
traditional judicial system. created by a statue endowed with
judicial powers.
A Court of law is vested with It deals with service matters and is
general jurisdiction over all the vested with limited jurisdiction to decide
matters. a particular issue.
It is strictly bound by all the rules It is not bound by the rules of the
of evidence and by the procedure of Evidence Act and the CPC unless the
the Code of Civil Procedure. statute which creates the tribunal
imposes such an obligation.
It is presided over by an officer It is not mandatory in every case that
expert in the law. the members need to be trained and
experts in law.
The decision of the court is The decision is subjective i.e. at times
objective in nature primarily based it may decide the matters taking into
on the evidence and materials account the policy and expediency.
produced before the court.
It is bound by precedents, the It is not obligatory to follow precedents
principle of res judicata and the and principle of res judicata but the
principle of natural justice. principle of natural justice must be
followed.
It can decide the validity of It cannot decide the validity of
legislation. legislation.
The courts do not follow Many tribunals perform investigatory
investigatory or inquisition functions functions as well along with its quasi-
rather it decides the case on the judicial functions
basis of evidence.

Q17) Write a note on henry VIII clause?

➢ The Henry VIII Clause is an expression referring to executive
authority.
➢ While delegating its power of law-making to the executive, the
legislature generally does not confer any powers on the executive to
amend or modify the Parent Act. However, if such a clause is inserted
 in the statute, which vests power in the executive to amend or modify
the original Act, it is referred to as the Henry VIII clause.
➢ The Statute of Sewers of 1531 contained the original Henry VIII
clause. It conferred on the Commissioner of Sewers, powers to make
rules which had legislative powers, to impose taxation rates, and to
impose penalties for non-compliance.

Q18) What is principle of natural Justice?

➢ Natural justice simply means to make a sensible and reasonable decision
making procedure on a particular issue.
➢ ‘Natural’ justice is a compilation of ideas that should be naturally
connected with justice, regardless of whether these ideas are part of
law.
➢ Natural justice applies comprehensively to administrative discretion. Its
goal is to prevent mischievousness and unfairness towards the resident
with managing authorities.
➢ Natural justice consist of 3 rules, i.e Hearing Rule, bias rule and
reasoned decision.
The purpose of natural justice includes:
➢ To provide equal opportunity of being heard.
➢ Concept of Fairness.
➢ To fulfil the gaps and loopholes of the law.
➢ To protect the Fundamental Rights.
➢ Basic features of the Constitution.
➢ No miscarriage of Justice.
The underlying principles of natural justice:
➢ Nemo Judex In Causa Sua: This is first principle of natural justice
that deciding authority should be impartial and neutral, should be
without bias or interest.
➢ Audi Alteram Partem: It means hear the other side or both the sides
should be heard. It also implies that no man should be condemned
 unheard. This means reasonable notice must be given to the party
affected and reasonable opportunity must be given to party for hearing.
➢ Speaking Order: Speaking order is an order with the reason for
judgement or reasoned decision. The party has a right to know the
result of inquiry conducted against him as well as the reasons given in
support of the decision.

Q19) Ridge V/s Baldwin.

➢ In this case, Ridge was prosecuted on conspiracy and corruption
charges, and though he was acquitted, the trial judge had made adverse
comments about his leadership.
➢ The Watch Committee which had been mandated by the Municipal
Corporations Act to dismiss any constable whom they thought was
negligent in the discharge of his duty, sacked Ridge.
➢ Plaintiff, preferred an appeal with The House of Lords, the court
reversed the decision of the Court of Appeal on the ground that the
power of dismissal could not be used without giving a reasonable
opportunity of being heard. In other words, the power of dismissal
could not be exercised without observing the principles of Natural
Justice.
➢ The case has become a historic case, because, the decision given by
the House of Lords in this case, can be described as "Magna Carta" of
Natural Justice.

Q20) What is rule against Bias?

➢ Nemo Judex In Causa Sua: This is first principle of natural justice
that deciding authority should be impartial and neutral, should be
without bias or interest
➢ “No one should be a judge in his own case” because it leads to rule of
bias. Bias means an act which leads to unfair activity whether in a
 conscious or unconscious stage in relation to the party or a particular
case.
Types of Bias are:
➢ Personal bias: Personal bias arises from a relation between the party
and deciding authority. Which lead the deciding authority in a doubtful
situation to make an unfair activity and give judgement in favour of his
person.
➢ Pecuniary bias: If any of the judicial body has any kind of financial
benefit, how so ever small it may be will lead to administrative authority
to biases.
➢ Subject matter bias: When directly or indirectly the deciding authority
is involved in the subject matter of a particular case.

Q21) Discuss the prerogrative writs under Article 32 and 226 on Indian
Constitution?
➢ Article 226 of the Constitution of India confers the power of issuing
Writs on the High Courts in case of infringement or violation of
fundamental rights.
➢ In fact, the power of the High Court in issuing Writs is much more
wider than the power enjoyed by the Supreme Court under Article 32
of the Constitution because the High Court has power to issue Writs
for the purposes other than the enforcement of fundamental rights
also.
➢ The writs are one of the outstanding feature of Indian Constitution.
Writs means command in writing in the name of the court.
➢ It is a legal document issued by the court that orders a person or
entity to perform a specific act or to cease to perform specific action
or deed.
➢ 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.
Five Types of Writs: (HMPCQ)
Habeas corpus:
➢ Habeas corpus is writ that is enforced to protect the fundamental right
to liberty of an individual against unlawful detention.
➢ Through Habeas Corpus, Supreme Court/High Court orders one person
who has arrested another person to bring the body of the latter before
the court.
➢ HC & SC can issue writ against both public and private authorities.
Mandamus:
➢ This writ is used by the court to order the public official who has
failed to perform his duty or refused to do his duty, to resume his
work.
➢ Besides public officials, Mandamus can be issued against any public
body, a corporation, an inferior court, a tribunal, or government for
the same purpose.
Prohibition:
➢ The literal meaning of ‘Prohibition’ is ‘To forbid.’
➢ A court that is higher in position issues a Prohibition writ against a
court that is lower in position to prevent the latter from exceeding its
jurisdiction or upsurping a jurisdiction that it does not possess.
Certiorari:
➢ The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To
be informed.’
➢ This writ is issued by a court higher in authority to a lower court or
tribunal ordering them either to transfer a case pending with them to
itself or quash their order in a case. It is issued on the grounds of an
excess of jurisdiction or lack of jurisdiction or error of law. It not only
prevents but also cures for the mistakes in the judiciary.
Quo-Warranto:
➢ The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority
or warrant.’
➢ Supreme Court or High Court issue this writ to prevent illegal usurpation
of a public office by a person.
➢ Through this writ, the court enquires into the legality of a claim of a
person to a public office.
➢ The writ requires the holder of office to show the court the authority
under which he holds the office.

Q22) Explain tortious liability of government?

➢ The concept of tortuous liability of State means that the state is liable
for the acts of its servants.
➢ State has to act through human agencies in carrying out various
functions. So the important question which arises is whether the State
can be held vicariously liable for the acts of its employees.
➢ Under the English law, the old position was that the Crown enjoyed
immunity from the wrongs committed in tort. In other words, Crown
could not be sued for the torts of its servants. This was largely based
on the concept ‘King can do no wrong’.
➢ However, with increase of government’s function this concept was
abolished by Crown Proceedings Act, 1947. This Act placed the
government in the same position as the subjects.
➢ As far as Indian position is concerned the doctrine of ‘King can do no
wrong’ was never accepted in India.
➢ Liability of government is fixed under Article 300 of the Constitution.
Union of India and State can sue and be sued in the same way as the
Dominion of India and Provinces before the commencement of the
Constitution.
➢ In order to effectively understand the concept of tortuous liability of
State, the concept of sovereign and non-sovereign functions is to be
understood.
➢ Sovereign functions are those functions where the state is not
answerable before the court of law for their performance. These
 functions are mainly concerned about the defence of the country,
maintenance of the armed forces of the country, and maintenance of
peace in the territory.
➢ These functions can only be performed by the state for external
sovereignty and that is why they are not amenable to the jurisdiction
of ordinary Civil Courts and are primarily inalienable functions.
➢ But apart from this, there are various sovereign functions of the state
which are not primarily inalienable which include taxation, police
functions comprising maintenance of law and order, legislative functions,
administration of law and policies, and grant of pardon.
➢ While non-sovereign functions are those functions that are amenable
to the jurisdiction of an ordinary civil court and if the state does any
tortious act or breach of contract, it will be liable for the wrong done.
➢ According to the case of Peninsular and Oriental Steam Navigation Co.
v. Secretary of State for India, the court for the first time dealt
with the difference between Sovereign and non-sovereign functions.
➢ It stated that the Secretary of the State will not be liable for its
sovereign functions and would be liable for only the commercial
functions.
➢ This judgment helped the court to understand and interpret the
functions of the state when the question of liability arose.
➢ But there was no established protocol or norm to decide which function
is sovereign and which is non-sovereign.
➢ Vicarious liability is a type of stringent, secondary liability which arises
under the agency’s common law principles i.e. respondeat superior which
means the superior’s responsibility for the actions of his subordinate,
or, in a wider sense, the responsibility of any 3rd person who has the
“right, capacity or duty to control” the activities of a violator.
➢ The responsibility is placed not on the tortfeasor but on someone who
should be in control of the tortfeasor.
Q23) Doctrine of Estoppel?
➢ When one person has, by his declaration or by his act, intentionally
caused or permitted another person to believe a thing to be true and
to act upon such belief, then neither he nor his representative shall be
allowed, in any suit or proceeding between himself and such person or
his representative, to deny the truth of that thing.
➢ The basic principle of estoppel is that, a person (officer) who by some
false statement assurance, causes another (private individual) to act to
his detriment in reliance of the truth of it, is not allowed to deny it
later, even though it is false. This principle of estoppel does not bind
the Governments for contracts entered into by its' officers.
➢ According to the Constitution of India, the government contracts are
required be formal and strictly in accordance with the provisions of
Article 299.
➢ If, in absence of such for contract, a person acts on the assurance
given by the officer on behalf of the Government, the Government is
not bound by the advice, representation assurance made by an officer
on its' behalf, if the officer has acted ultra vires.
➢ Article 299 (1) lays down the mode in which Government Contracts have
to be made. It prescribes a special formality for contracts in order to
be binding upon the Government of India.
➢ Thus, a contract which is void for non-compliance with Article 299 (1)
cannot be enforced against the Government on the footing of
representation made by the officer of the Government. This to protect
the Government from malafide or irresponsible acts of its' servants,
officers. Thus no estoppel can be raised against the government in case
of non-compliance with such a provision.
Q24) What is a public corporation? What are its characteristics? What
is the classification/types of Public Corporation? What are the liabilities
of Public corporation?
Over the year, role of state changed from being Police State to Welfare
State Purpose is to avoid Private Monopoly and Concentration of wealth.
Indian Constitution - Article 298 allows state to carry trade of business
and it is part of DPSP.
With the objective that Ownership and Control of material resources of
the community are distributed for common good and the operation of the
economic system shall not result in the concentration of wealth and means
of production to the common detriment, Government has come
out/developed number of public corporations.
A corporation is an artificial person created by law having legal entity,
entirely separate and distinct from the individuals whom compose it, with
continuous existence and succession, possessing the capacity of taking,
holding and conveying property, entering to contracts, suing and being
sued.
A Public Corporation is that form of Public Enterprise which is created as
an autonomous unit, by a special act of the Parliament or the State
Legislature. As they are made by Statute, they are also known as
Statutory Corporation.
Characteristics/ Features of Public Corporation:
➢ Statutory public corporation is created by a statute which lays down
its rights, duties and obligation.
➢ Any act of such public corporation outside the authorized area of
operation shall be ultravires and cannot bind the corporation. Such
ultravires acts cannot be ratified.
➢ It is wholly owned by the state or in some instances Government may
be holding more than 50% of holding in such corporation.
➢ It has a separate legal entity and such it can sue or be sued, enter
into contract or acquire property in its own name.
➢ Public corporation is largely autonomous in finance and management
except for appropriation to provide capital or to cover losses.
➢ It has funds of its own and is authorized to use and re-use its revenue.
➢ A public corporation is generally exempted from most regulatory and
prohibiting statutes applicable to expenditure of public funds.
➢ A Statutory public corporation is a ‘state’ within the definition of the
term in Article 12 of the constitution and such, it is subject to the
writ jurisdiction of the Supreme Court and High Courts under Articles
32 and 226 of the constitution.
➢ In majority of the cases, the employees of public corporations are not
civil servants. They are appointed and remunerated under the terms
and conditions which the corporation determines itself.
➢ A public corporation however, is not a citizen within the meaning of
Part II of the constitution and as such cannot claim the fundamental
rights given in Article 19 of the constitution.
➢ Public corporation can not enjoy the privilege of the Government to
withhold the document.
➢ The public corporations are largely autonomous I finance and
management. They have their own separate accounts, which are audited
by qualified auditors. The audition reports are published annually
together with the general report to the activities of the corporation
Classification of Public Corporation:
➢ The public corporation can be divided broadly into four categories.
➢ Commercial Corporation: these kind of corporation indulges itself and
carries on commercial and industrial activities for instance State
Trading Corporation, Air India, and so on.
➢ Development Corporation: it encourages national progress by
undertaking development work in country for instance Damodar Valley
Corporation, National Research Development Corporation and so on.
➢ Social Service Corporation these corporations are created to provide
certain basic and essential requirement (for e.g. electricity, transport,
 etc) to the people in general economically and efficiently and earning
profits isn’t the prime objective for instance Hospital Board, Employees
State insurance Corporation and so on
➢ Financial Corporation these body indulges itself in advancing loans and
taking deposit on some terms which will be agreed upon during the time
the best example of this is State Bank of India, Reserve Bank of India
and so on.
Liabilities of Corporation:
➢ The liability of Public corporation can be divided into 3 categories i.e.
in case of contract, tort and crimes.
➢ In case of contract, it can enter into contract and has the capacity to
sue and be sued and can only do those acts which are authorized
expressly by the statue. Those acts which are not expressly or
impliedly authorized will be considered ultra vires and will be void-ab-
initio.
➢ In case of tort it will be held liable for acts committed by its servant
or say its employees during the course of employment provided that
the act is within the power of Corporation and actionable if committed
by private individual
➢ In case of crime it may also incur liability for offences committed by
its servant and employees but the punishment in any case cannot be
death sentence or life imprisonment since it is an artificial person having
corporate identity and it cannot also be held liable for an offence which
can only be committed by natural person.

Q25) Importance of Ombudsman in protecting citizens against abuse of

discretionary power.
➢ Ombudsman is an official appointed to investigate individuals' complaints
against a company or organization, especially a public authority.
➢ In Britain it is also known by another term i.e Parliamentary
Commissioner.
➢ In Sweden, there are two types of ombudsman (i) Justice Ombudsman
- To supervise Judges, Government Officials and Civil Servants and (ii)
Militile Ombudsman for Military Affairs.
➢ Basically it's a Scandinavian word which means a Commissioner who has
the duty of investigating and reporting to parliament on complaints from
citizens against the Government Authorities.
Powers and Functions:
➢ An important function of Ombudsman is to protect the rights and
freedoms of citizens and needless to say that primarily for this purpose
the post of ombudsman was instituted
➢ In the Scandinavian countries the ombudsman has another function. The
ombudsman shall have the power to supervise the general civil
administration. On this point, the duty of ombudsman is closely
connected with the public administration.
➢ In many states Ombudsman or institution like this supervises the
general administration. It is also called general surveillance of the
functioning of the government.
➢ In some countries the Ombudsman enjoys enormous power. For examples
in Sweden the Ombudsman has been empowered to investigate the cases
of corruption (in any form) not only against the government officers
but also against the judges of the highest court
➢ An important function of Ombudsman is the exercise of discretionary
powers. The discretionary powers are really vast and how to use these
powers depend upon the person concerned.
Ombudsman in India:
➢ The functions of the ombudsman which were successful in the other
countries inspired the established of Lokpal and Lokayuktas in India
also. Lokpal is the Indian Ombudsman and Lokayuktas is the State
Ombudsman.
Lokpal:
➢ Lokpal is a national anti corruption ombudsman to look into complaints
against publics servants which are defined under the Lokpal Act 2013.
➢ This body is constituted to check the menace of corruption in India.
He is to he appointed by the President on the recommendation of the
Prime Minister who recommends him after having consultation with the
Chief Justice of India and the leader of opposition in the Loksabha.
➢ The term of his office is five years, however, he can be considered
for re-appointment for one more term of five years.
➢ The Lokpal can be removed by the order of the President, and such
order is condition precedent of an address in each House of Parliament
supported by two third majority of that House present and voting.
Powers of Lokpal:
➢ A Lokpal is authorised to investigate complaints against the Ministers
and Secretaries.
➢ He has power to investigate any action taken by the Minister or with
the approval of the Minister, by the secretaries.
➢ A Lokpal has also power to investigate the action "suo-moto", if he
receives such information from any other source.
➢ A Lokpal entertains only such complaints in which alternative remedy is
not available or will not be adequate.
Exclusion of cases from purview of Lokpal:
➢ Action pertaining to foreign government.
➢ Action pertaining to international organization.
➢ The Extradition Act, 1962 and Foreign Act, 1946.
➢ Action with regard to security of the state.
➢ Action arising from contract amounting to purely commercial relation
with suppliers and customers.
➢ Action relating to appointment, harassment or gross delay in meeting
contractual obligation, removal, pay, discipline, superannuating or other
personal matters.
➢ The conclusion reached by the Lokpal must be communicated to the
Prime Minister or the Chief Minister as the case may be. An action
taken on the Lokpal will be communicated to him within two months from
the receipt of the conclusion or communication.
Lokayukta:
➢ He is to be appointed by the Governor on the recommendation after
consulting the Lokpal, Chief Justice and Chief Minister of the State.
➢ The term of his office is five years. However, he can beconsidered
for re-appointment for one more term of five years.
➢ Lokayukta can be removed by the Governor, and such order is condition
precedent of an address to each house. He can be removed from his
office on the ground of misbehaviour, and on no other ground.
➢ The Lokayukta is under the superintendence of Lokpal. However, the
Lokpal is not appeallate or reversionary authority over the Lokayukta
Powers of Lokayukta:
➢ A Lokayukta is empowered to investigate the complaints relating to the
action of official below the rank of secretary.

Q26) Write short note on Union Public Service Commisision?

➢ The provisions for Public Service Commission for the Union and for each
State are given under Article 315 of the Constitution of India.
➢ There shall be a Public Service Commission for the Union and Public
Service Commission for each State.
➢ Function of Commission: Union and the State Public Service Commission
shall conduct examinations for appointments to the services of the
Union and the services of the State, respectively. Guide the
Government in respect of recruitment, declare the result of the
examinations held, etc.
➢ The Union Public Service Commission, if requested so to do by the
Governor of a State, may, with the approval of the President, agree
to serve all or any of the needs of the State".
➢ Article 316 provides for appointment and the term of office of
members of the Public Service Commission.
➢ The Chairman and other members of a Public Service Commission shall
be appointed, in the case of the Union Commission or a Joint
Commission, by the President, and in the case of a State Commission,
by the Governor of the State".
➢ Nearly one-half of the members of every Public Service Commission
shall be persons who at the dates of their respective appointments have
held office for at least 10 years either under the Government of India
or under the Government of a State.
➢ A member of a Public Service Commission shall hold office for a term
of 6 years from the date on which he enters upon his office or until
he attains, in the case of the Union Commission, the age of 65 yrs,
and in the case of a State Commission or a Joint Commission, the a of
62 years, whichever is earlier.
➢ A member once retired is not eligible for reappointment.

Q27) Write a short note on Civil Service?

➢ In a democracy, the civil services play an extremely important role in
the administration, policy formulation and implementation, and in taking
the country forward towards progress and development.
➢ As a result, every country in the world has a Civil Service to run its
administration, which is manned by a class of professionals known as
Civil Servants, who form the administrative system's backbone.
➢ A Civil Servant is a person whose primary responsibility is to enforce
the laws of the land.
➢ The civil service has a professional class of officials, which is one of
its most distinguishing features. They are state officials who are
skilled, trained, and have a permanent position. They are salaried
employees.
➢ Ccivil service is structured in a hierarchical manner. By hierarchy, we
mean that civil servants are organised in such a way that each lower
official is accountable to his or her immediate superior. Higher-ranking
official is responsible for overseeing the lower-ranking officials.
➢ In carrying out their duties, civil servants should be impartial. They
should not show any political party affiliation.
➢ Civil servants are the state's servants, and they must serve it without
showing favour or disfavour to any particular group of society.
➢ Another feature of civil service is anonymity. Civil servants perform
the majority of administrative functions, but they are neither praised
nor criticised for it. Ministers are praised or criticized for the success
or failure of their administrations.
➢ Public accountability is another feature of the civil service. Civil
servants are accountable to the people's representatives for everything
they do. Their actions are constantly scrutinised, so they must always
act in a professional manner.
➢ Civil servants' primary responsibility is to put policies in place that are
formulated by the political executive or ministers. Though,the
formulation of policies is not the responsibility of civil servants. They
do, however, provide the ministers with a variety of information and
knowledge. Civil servants are sometimes referred to as ministerial
advisors.
➢ In many cases, civil servants are the driving force behind various
development initiatives. Without the participation and cooperation of
civil servants, the development administration's goals will not be met.
They are such an important part of the administration that their
success or failure determines the government's overall success.

Q28) What is doctrine of pleasure?

➢ The doctrine of pleasure has its origins in English law. In England, the
moral rule is that a civil servant of the Crown holds office during the
 pleasure of the Crown. This means his services can be terminated at
any time by the Crown, without assigning any reason.
➢ According to Article 310, except for the provisions provided by the
Constitution, a civil servant of the Union works at the pleasure of the
President and a civil servant under a State works at the pleasure of
the Governor of that State.
➢ As per Article 311 of Indian Constitution , no person who is a member
of a civil service of the Union or an all-India service or a civil service
of a State or holds a civil post under the Union or a State shall be
dismissed or removed by an authority subordinate to that by which he
was appointed.
➢ Under the constitution, the following are excluded from the operation
of this doctrine: Judges of the Supreme Court;Judges of the High
Courts; Chief Election Commissioner; and Comptroller and Auditor
General of India.

Q29) Write a short note on doctrine of Res Judicta?

➢ This is an important principle which prohibits the repetition of the issue
which was subject matter of the previous case from dealing with again.
➢ In other words, "Res-Judicata" means, if an issue is made the subject
matter of previous case, and such issue was tried and decided by the
competent Court of law, then the same issue once decided cannot be
decided again by the same Court.
➢ The doctrine of Res Judicata finds its place in Section 11 of the Code
of Civil Procedure This doctrine is applied to all the matters, whether
they are civil courts or the administrative tribunals.
Salient features of Res-judicata
➢ Res-Judicata binds the present parties.
➢ Res-judicata applies to Court which has once decided the matter.
➢ Res judicata applies if the same issue is raised before the Court which
has tried and decided said issue previously.
➢ Res-judicata does not only apply to civil Court, but it applies to
Administrative Tribunal also Res-judicata relates to the principle that,
there should not be unnecessary litigation over the same subject
matter before the same Court which had decided the issue earlier.

Q30) Short note on Doctrine of Legitimate Expectation?

➢ The doctrine of legitimate expectation belongs to the domain of public
law, and is intended give relief to the people when they are not able
to justify their claims on the basis of law, though they had suffered
a civil consequence, because, their legitimate expectation had been
violated.
➢ In India, the Apex Court has developed this doctrine in order to check
arbitrary exercise of power by the administrative authorities.
➢ In private law, a person can approach the court only when his right
based on Statute or contract is violated, but this rule of locus standi
is relaxed in public law to allow standing even when a legitimate
expectation from a public authority is not fulfilled.
➢ Thus, this doctrine provides a central space between 'no claim" and a
"legal claim' wherein a public authority can be made accountable on the
ground of an expectation which is legitimate.
➢ For example, if Government has made a scheme for providing drinking
water in villages in certain area, but later changed it so as to exclude
certain villages from the purview of the scheme, then in such a case,
what is violated is the legitimate expectation of the people in the
excluded villages for tap water, Government can be held responsible if
exclusion is not fair and reasonable.

Q31) Write a note on Locus Standi and Public Interest Litigation?

The rule of locus-standi means, when a person who is aggrieved by any
wrongful act done by another, he only can raise litigation.
The term "locus-Stand" means, unless the person is aggrieved due to some
pain or damage caused to him, he cannot file a petition.
It means that, the person who files a petition must be aggrieved or he
must sustain damage, loss due to action of other, then only, he gets a
right to file petition. In other words, if he is not aggrieved, he cannot
file a petition.
The Courts had considered the question of locus-standi with different
attitude.
The question of locus standi was not handled with uniformity as the Courts
have taken a very narrow view at one point of time and extreme view at
the later point of time. In the case of narrow point of view, the Courts
allowed the applicant if he has suffered legal injury, since there was
infringement or violation of his legal right or violation of his legally
protected interest. In the case of extreme view, the Courts in their
discretion used the Writ. The traditional rule of locus-standi is relaxed
in the interest of general issue or matter.
The rule of locus-standi means, when a person who is aggrieved by any
wrongful act done by another, can only raise litigation. In other words,
judicial redressal is available to a person who may be called as "aggrieved",
because, such person has suffered or he is likely to suffer legal injury to
body, to mind, to reputation or property due to violation of his legal right
or due to violation of his legally protected interest.
However, the reason of poverty, education play hindrance in the ways of
person to knock the doors of justice with a view to protect their interest,
their rights. The rule of locus-standi used to come in the way of those
who had sympathy towards the person whose legal right has been violated
by action of another, specially by the administrative authority and the
Government. On the background, the Public Interest Litigation has come
into existence.

Q32) What is meaning of welfare state?

➢ A welfare state is a concept of government where the state plays a
key role in the protection and promotion of the economic and social
well-being of its citizens.
➢ It is based on the principles of equality of opportunity, equitable
distribution of wealth, and public responsibility for those unable to avail
themselves of the minimal provisions for a good life. The general term
may cover a variety of forms of economic and social organization.
➢ It is a model in which the state assumes primary responsibility for the
welfare of its citizens. In the strictest sense, a welfare state is a
government that provides for the welfare, or the well-being, of its
citizens completely.
➢ Such a government is involved in citizens lives at every level. It provides
for physical, material, and social needs rather than the people providing
for their own. The purpose of the welfare state is to create economic
equality or to assure equitable standards of living for all.

Q33) What is Laises faire policy?

➢ In the early 20th century the political gospel of laissez-faire was
preached.
➢ The principles on which the theory of laissez-faire works are (i)
Minimum control of government; (ii) Free enterprise; (iii) Law and
order not counted as subjects of state; (iv) Power said to be
concentrated in the hands of the individual.
➢ The theory of Laissez –faire met with the following pitfalls: (i)
Concentration of powers which led to human misery; (ii) Widening
the inadvertent gap between the poor and the rich;
➢ The consequence of giving the powers in the hands of the individuals
and the minimum government control proved catastrophic.
➢ By this the vital power was concentrated in the hands of the rich
people and the balance of economy got terribly shaken which only
paved way to a debacle that is the increasing economic disparity
where the rich became richer and the poor became poorer.
*****
Important Points:
Particulars Remarks
Administrative Law law relating to the administrative
operation of government.
sources of Administrative law a) The Constitutional Law;
b) Statutes/Acts;
c) Delegated Legislation;
d) Rules and Regulations;
e) Ordinances
Droit Civile civil law or municipal law in
France.
Droit Administratif administrative law
Conseil d’État highest administrative
jurisdiction in France.
English Administrative Law parliament is supreme and all
court activities should be
consistent with parliamentary
acts
Indian Law Constitution is supreme
three main categories of (i) the legislative, (ii) the
governmental functions Executive, and (iii) the Judicial.

separation of powers doctrine three powers and functions of

the Government must be
separate
Indira Gandhi Vs Raj Narain Supreme Court held that Clause
(4) of Article 329- needed to be
struck down on the ground that
it hampers the standards of free
and fair elections which is a part
 of the basic structure of the
Constitution
rule of law King should be under God and Law
Dicey postulates of Rule of Law Supremacy of Law; Equality
before Law; Predominance of
Legal Spirit
Keshwanand Bharti V/s State of Fundamental Rights case.
Kerala Basic structure of Indian
constitution cannot be changed.
Administrative Discretion the authority vested in the
executive i.e. the public officials
to undertake administrative
action based on their judgment
Judicial Review doctrine under which executive
and legislative actions are
reviewed by the judiciary
doctrine of proptionality there must be a reasonable
nexus between the desired result
and the measures taken to reach
that goal
delegated legislation exercise of legislative power by
an individual/authority who is
lower in status than the
legislature or is subordinate
towards the legislature
Parliamentary Control over Laying on table; Parliamentary
delegated legislation Committees; Publication.
Administrative Tribunal Article 323A and 323B.
henry VIII clause Authority to executive to change
or amend the parent act.
natural Justice to make a sensible and
reasonable decision making
procedure on a particular issue
principles of natural justice Nemo Judex In Causa Sua; Audi
Alteram Partem; Speaking Order
Ridge V/s Baldwin "Magna Carta" of Natural
Justice
Nemo Judex In Causa Sua deciding authority should be
impartial and neutral, should be
without bias or interest
Types of Bias Personal bias; Pecuniary bias;
Subject matter bias.
Article 226 power of issuing Writs on the
High Courts
Article 32 power of issuing Writs by
Supreme Court.
Writs Command/order in writing in the
name of the court
Habeas corpus protect the fundamental right to
liberty of an individual against
unlawful detention
Mandamus order the public official who has
failed to perform his duty or
refused to do his duty, to
resume his work
Prohibition to prevent lower court from
exceeding its jurisdiction or
upsurping a jurisdiction that it
does not possess
Certiorari ordering lower court either to
transfer a case pending with
them to itself or quash their
order in a case
Quo-Warranto writ to prevent illegal usurpation
of a public office by a person
Article 300 Union of India and State can sue
and be sued
Sovereign functions state is not answerable before
the court of law for their
performance
non-sovereign functions functions that are amenable to
the jurisdiction of an ordinary
civil court
Vicarious liability Liability for third person acts.
respondeat superior superior’s responsibility for the
actions of his subordinate
Doctrine of Estoppel a person (officer) who by some
false statement assurance,
causes another (private
individual) to act to his detriment
in reliance of the truth of it, is
not allowed to deny it later, even
though it is false
Article 299 Governs government contracts
public corporation Public Enterprise which is
created as an autonomous unit,
by a special act of the
Parliament or the State
Legislature
Classification of Public Commercial Corporation;
Corporation Development Corporation; Social
Service Corporation; Financial
Corporation
Liabilities of Corporation In case of contract; In case of
tort; In case of crime
Ombudsman official appointed to investigate
individuals' complaints against a
company or organization,
especially a public authority.
Lokpal national anti corruption
ombudsman
Lokayukta to investigate the complaints
relating to the action of official
below the rank of secretary
Article 315 of the Constitution provisions for Public Service
of India Commission for the Union and for
each State
doctrine of pleasure civil servant of the Crown holds
office during the pleasure of the
Crown
doctrine of Res Judicta if an issue is made the subject
matter of previous case, and
such issue was tried and decided
by the competent Court of law,
then the same issue once decided
cannot be decided again by the
same Court.
Doctrine of Legitimate doctrine provides a central space
Expectation between 'no claim" and a "legal
 claim' wherein a public authority
can be made accountable on the
ground of an expectation which is
legitimate
locus-standi a person who is aggrieved by any
wrongful act done by another, he
only can raise litigation
welfare state a model in which the state
assumes primary responsibility
for the welfare of its citizens
Laises faire policy (i) Minimum control of
government; (ii) Free enterprise;
(iii) Law and order not counted as
subjects of state; (iv) Power
said to be concentrated in the
hands of the individual