Administrative Laws: formula sheet

Key formulas

Definition of administrative law

Administrative law = law on powers of administrative authorities + procedure and limits on those powers + remedies against abuse

Use these three limbs in any definition answer.

Dicey's rule of law

(1) Supremacy of law over arbitrary power; (2) Equality before law; (3) Constitution flows from individual rights declared by courts

Dicey was critical of administrative law in England. In India, Article 14 carries the equality idea.

Separation of powers

Legislature makes law; Executive enforces law; Judiciary interprets law

India has a functional overlap, not a strict separation. Judicial independence is protected.

Sources in India

Constitution + Statutes + Delegated legislation + Judicial decisions + Administrative directions and usage

List these five heads and give one example for each.

Constitutional vs administrative law

Constitutional law = framework and basic principles; Administrative law = detailed working of the executive

Both are public law and they overlap.

Meaning

Parent Act (policy) + delegate's rules (details) = delegated legislation

The parent Act must give the power. Without it, the rule is invalid.

Test of permissible delegation

Legislature lays down policy and standard → delegate fills in details

Delegation of the essential legislative function is excessive and void.

Conditional vs delegated legislation

Conditional: delegate decides when the law applies. Delegated: delegate makes subsidiary rules

In conditional legislation, the delegate has no power to make rules of its own.

Grounds of judicial control

Ultra vires the Constitution / ultra vires the parent Act / unreasonable or arbitrary / procedural defect

Use these four heads in every control answer.

Legislative control methods

Laying before the House + modification or annulment + committee scrutiny

The parent Act states the laying procedure.

In re Delhi Laws Act (1951)

Essential functions cannot be delegated; ancillary functions can

Policy must come from the legislature. Delegate cannot change the essential policy.

Meaning of discretion

Discretion = power to choose between lawful options, within limits set by law

Discretion is not licence. It must be exercised reasonably, in good faith and for the statutory purpose.

Grounds of abuse

Excess of power | Mala fides | Improper purpose | Irrelevant considerations | Non-application of mind / fettering | Unreasonableness | Natural justice breach

Use this list as a checklist in every answer.

Wednesbury test

Decision is unreasonable if no reasonable authority, properly directing itself, could have reached it

The bar is high. Mere disagreement with the decision is not enough.

Review vs appeal

Judicial review = lawfulness of the decision-making process; appeal = merits of the decision

The court quashes an unlawful decision and usually sends it back. It does not substitute its own choice.

Constitutional basis

Article 14 (non-arbitrariness); Articles 32 and 226 (writ remedies)

Mention these to anchor the answer in the Constitution.

Article 323A

Parliament may by law set up administrative tribunals for service matters of public servants

Only Parliament can legislate under 323A. It covers recruitment and conditions of service.

Article 323B

Parliament or State legislature (within competence) may set up tribunals for listed subjects

Subjects include tax, foreign exchange, industrial and labour disputes, land reforms and elections to legislatures, among others.

Administrative Tribunals Act, 1985

Made under Article 323A; creates CAT and State Administrative Tribunals

State tribunals are set up only on a State's request and a Central notification.

L Chandra Kumar (1997)

Judicial review under Articles 226/227 and 32/136 = basic structure; tribunal decisions go to the High Court Division Bench

Tribunals are not substitutes for High Courts. They work as courts of first instance.

Court vs tribunal

Court: general, formal, part of the regular judiciary. Tribunal: specialised, created by statute, may be less formal

Both act judicially, but tribunals are bound by their parent Act and may include expert members.

Rule against bias

Nemo judex in causa sua = no person shall be a judge in their own cause

Test: real likelihood or reasonable suspicion of bias. Types: pecuniary, personal, official or subject-matter.

Rule of fair hearing

Audi alteram partem = hear the other side

Components: notice, disclosure of material, opportunity to present the case, and in suitable cases cross-examination.

Reasoned decision

Authority must record reasons for its order

Stronger for quasi-judicial decisions. Reasons support appeal and judicial review.

Pecuniary bias

Any direct financial interest disqualifies the decision-maker

Disqualification applies even if the interest is small. No proof of actual prejudice is needed.

Exceptions to natural justice

Statutory exclusion; urgency or emergency; impracticability; legislative action; purely preliminary or administrative acts; where no prejudice results

Exceptions must be applied with care. They do not cover arbitrary action.

Effect of violation

Breach of natural justice → order is void or voidable and can be quashed by certiorari

Courts may consider whether prejudice was caused. A fresh decision after a proper hearing is usually allowed.

Habeas corpus

Meaning: 'you may have the body'

Produces the detained person before the court to test legality of detention. Can be filed by the detainee or by another person on their behalf.

Mandamus

Meaning: 'we command'

Directs a public authority to perform a legal duty it has failed to do. Needs a public duty and a legal right to demand it. It can issue against the Union or a State government and their officers. It is not issued against the President or a Governor personally, because Article 361 gives them immunity from answering to any court for the exercise of their official powers. It generally does not lie to compel the exercise of a purely discretionary power, though it can control an arbitrary or mala fide exercise of discretion. It also generally does not lie to enforce purely private obligations.

Certiorari

Meaning: 'to be certified'

Quashes an order already passed by a court, tribunal or authority acting without jurisdiction, in excess of it, in breach of natural justice, or with an error of law apparent on the face of the record.

Prohibition

Meaning: 'to forbid'

Issued to a lower court or tribunal to stop it from continuing proceedings beyond its jurisdiction. Works while proceedings are pending.

Quo warranto

Meaning: 'by what authority'

Challenges a person's claim to a substantive public office. The office must be public, statutory or constitutional, and the appointment must breach law. Any member of the public may apply, not only a person personally affected, because this is an exception to the usual personal-interest standing rule. The court still keeps its discretion.

Article 32 vs Article 226

Art. 32: enforcement of Fundamental Rights (Supreme Court). Art. 226: enforcement of Fundamental Rights and for any other purpose (High Court).

Article 32 is itself a Fundamental Right. Article 226 relief is discretionary.

Certiorari vs Prohibition

Certiorari = after the order is passed. Prohibition = while proceedings are still pending, before they conclude.

Both address jurisdictional defects. Timing is the key difference.

Article 300(1)

Union or State may sue or be sued in relation to its affairs, as the Dominion or Provinces could before the Constitution

Parliament or the State Legislature may change this by law. Liability follows the pre-Constitution position.

Sovereign vs non-sovereign test

Sovereign function: immunity (traditional rule). Non-sovereign function: liable like a private person

The distinction has been narrowed. It does not protect against violation of fundamental rights.

Article 299(1) contract form

Contract made in the exercise of executive power + expressed to be made by (in the name of) President/Governor + executed by a person authorised to do so on their behalf

A contract not in this form is not binding or enforceable against the government (or by it) as a contract. Quasi-contractual relief under Section 70 of the Indian Contract Act, 1872 may still be available.

Promissory estoppel

Clear promise + intention to be acted upon + reliance and change of position = promisor cannot go back

Applies against the government. It does not apply where it would defeat public interest or a statute.

Privilege for state affairs documents

Claim by head of department + court decides validity + withholding only if disclosure harms public interest

The court may examine the claim. It is not final just because the government says so.

Quick revision

• Administrative law governs the powers, procedures and control of public authorities.
• Delegated legislation is law made by the executive under authority given by a statute, and it must stay within that authority.
• Excessive delegation and rules that go beyond the parent Act are standard grounds to challenge delegated legislation.
• Discretion must be used for a proper purpose, in good faith, after considering relevant factors and ignoring irrelevant ones.
• Misuse of discretion includes acting mala fide, acting for an improper purpose, and failing to apply the mind.
• Administrative tribunals are specialised bodies that decide disputes in particular areas, and they must follow fair procedure.
• Natural justice has two core rules: no one should be a judge in their own cause, and both sides must be heard.
• Writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.
• Writs against fundamental rights violations lie to the Supreme Court under Article 32 and to High Courts under Article 226.
• Article 226 gives High Courts a wider writ power than Article 32, because it can be used for other legal rights too.
• State liability in tort is tied to the difference between sovereign and non-sovereign functions, a distinction that has narrowed over time.
• The Lokpal deals with corruption complaints against public servants covered by the Lokpal and Lokayuktas Act, 2013.

Common mistakes

• Treating administrative law as the same as constitutional law. Fix: State the difference clearly: constitutional law gives the framework and basic powers, and administrative law deals with the detailed working and control of the executive.
• Saying India follows a strict separation of powers. Fix: Say that the functions are distinct but overlap, and that checks and balances operate. Note that judicial independence is protected.
• Treating conditional legislation and delegated legislation as the same. Fix: Remember that in conditional legislation the delegate only decides when the Act applies. In delegated legislation it makes subsidiary rules.
• Saying all delegation is unconstitutional because Parliament must make law. Fix: State that delegation of ancillary matters is valid. Only abdication of essential functions is void.
• Treating judicial review as an appeal on the merits. Fix: State clearly that courts examine legality and process, not whether the decision was the best one.
• Saying discretion is absolute or unfettered because the Act says "may". Fix: Say that every statutory power is limited by its purpose, good faith and Article 14.
• Saying Article 323A allows State legislatures to create tribunals. Fix: Remember: 323A is Parliament only and for service matters. 323B allows Parliament or State legislatures for listed subjects.
• Claiming tribunals are completely outside judicial review. Fix: Cite L Chandra Kumar: High Court and Supreme Court review stay available as part of the basic structure.
• Writing only the Latin maxims without explaining them or applying them to facts. Fix: Give the meaning, the test or components, and then link at least one fact from the question.
• Saying bias must be proved as actual prejudice. Fix: State that the test is real likelihood or reasonable suspicion. Actual bias need not be shown.

Exam tips

• Prepare a ready list of sources with one example each. It scores in both direct and short-note questions.
• Learn Dicey's three limbs by heart and add one line on how India differs.
• For a distinction question, use two columns of points in bullets and finish with a one-line conclusion.
• Cite Articles only when sure of them. Articles 14, 32 and 226 are safe choices for this topic.
• Link this topic to delegated legislation, tribunals and natural justice in long answers to show depth.
• Write the definition with the parent Act in the first line. Examiners look for it.
• Always give both legislative and judicial control when the question says 'control'.
• Learn In re Delhi Laws Act with a one-line holding. Do not add details you are unsure of.