Administrative Law For Bihar Judiciary: Expert Guide, Notes and Study Plan

Author : Yogricha

Updated On : January 12, 2024

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 Overview: Administrative Law for Bihar Judiciary is asked in both prelims and mains examination and it is a part of optional Paper I (Constitutional Law and Administrative Law) of Bihar Judiciary Mains examination. It is also covered in Bihar Judiciary Prelims 2023 examination. It forms 25-35% part of the prelims examination. For Constitutional Law you have to cover all the articles in the Constitution, and to excel in Administrative Law for judiciary read this article completely and also download complete notes from Judiciary Gold for your preparation.

In this article we will cover all the important topics that you need to cover for your Administrative law examination. We have included all the topics that are commonly asked in the examination by taking the reference of previous year papers. You can also download questions papers for practicing for prelims and mains examination.

In this article we will cover:

List of Important Topics of Administrative Law for Bihar Judiciary
Important Topics for Prelims on Administrative Law
Important Topics for Mains on Administrative Law
Complete notes for Administrative Law for Bihar Judiciary Prelims and Mains
Important Questions for Bihar Judiciary Prelims
Important Questions for Bihar Judiciary Mains
How to prepare for Administrative Law for Bihar Judiciary

List of Important Topics of Administrative Law for Bihar Judiciary Prelims and Mains

The syllabus of Administrative Law for Judiciary can be vast if an aspirant wishes to cover everything, without knowing the key focus areas. Therefore, we have made a list of all the important topics for your to cover. This list includes most topics that were asked in the previous years in Bihar Judiciary Exams. Refer to the list below, when you start preparing:

Know About: How to prepare for Bihar Judiciary Exam

  • Delegated Legislation
  • Control of Delegated Legislation
  • Ombudsman in India (Lok pal and Lokayukta)
  • Fair Hearing; Rules of Natural Justice; Rules Against Bias; Audi Alteram Partem
  • Tribunals and Quasi-Judicial Authorities; Judicial Control over them
  • Natural Justice
  • Legitimate Expectations
  • Judicial Review
  • Writ Jurisdiction and Statutory Judicial Remedies, Scope, Extent & Distinction
  • Public Interest Litigation
  • Right to information Act, 2005
  • Promissory Estoppel, Legitimate Expectation & Doctrine of Proportionality
  • Doctrine of Necessity
  • Central Vigilance Commission
  • Parliamentary Committees

Important Topics for Prelims on Administrative Law for Judiciary

After referring to the Previous Year Question Papers here is a comprehensive list of all the topics with the year in which these topics were asked in Bihar Judiciary. Take a note of these topics and focus on them while preparing for Bihar Judiciary Prelims: 

Topic Year
Ombudsman 2009, 2013
Natural Justice 2009, 2016, 2018
Judicial Review 2009, 2013
Parliamentary Committees 2013
Rule of Law 2016, 2018, 2020
Conditional Legislation 2016
Delegated Legislation 2016, 2020
Seperation of Powers 2016
Administrative Justice 2016
Seperation of Power 2018
Legitimate Expectations 2018
Check and Balance 2020

Read about: Bihar Judiciary syllabus 2023

Important Topics for Prelims on Administrative Law for Judiciary

Given below is a comprehnesive list of all the important topics and the year in which these questions were asked in Bihar Judiciary Mains:

Topic Year
Natural Justice 2009
Parliamentary Priviledges 2009
Rule of Law 2009
Public Interest Litigation 2020
Delegated Legislation 2020
Seperation of Powers 2016
Administrative Justice 2018
Seperation of Power 2020
Central Vigilance Commission 2018
Legitimate Expectations 2016
Ombudsman 2020

Read more: Download Commercial Law Notes for Bihar Judiciary

Complete Notes for Administrative Law for Bihar Judiciary Prelims and Mains

Administrative law is a legal field that concerns the powers, functions, and responsibilities of various branches of government. Sir Ivor Jennings, defined administrative law as the body of law governing administration, encompassing the organization, powers, and duties of administrative authorities. However, this definition is quite broad and fails to distinguish administrative law from constitutional law, and it overlooks the specifics of how powers and duties are exercised.

Administrative law has evolved in response to the expanding roles of governments. Modern states go beyond mere policing and national defense; they have embraced a broader role as welfare states, striving to enhance the social and economic well-being of their citizens. In pursuit of these objectives, governments take on a wide range of intricate tasks, addressing issues such as development, healthcare, education, environmental concerns, inequality, and more. The complexity of these challenges necessitates the growth of administrative structures.

Moreover, governments have assumed functions that were once the domain of private enterprise. This shift in roles and responsibilities has given rise to the development and expansion of administrative law as a legal discipline.

Administrative law is a crucial topic for the Bihar Judiciary exam. Below, we've provided comprehensive notes on administrative law, covering important concepts, principles, and relevant cases:

Overview of Administrative Law for Bihar Judiciary for Prelims

Administrative law is a branch of public law that governs the organization, powers, functions, and responsibilities of administrative authorities and their relationship with individuals and institutions.

Key Concepts

  • Administrative Authorities: These are government agencies, bodies, or officials responsible for implementing and enforcing laws and policies.
  • Delegated Authority: Administrative authorities exercise powers delegated to them by legislation or the constitution.
  • Judicial Review: Courts have the authority to review the actions, decisions, and procedures of administrative authorities to ensure they comply with the law and principles of justice.

Download Now: Previous year's Bihar Judiciary Question Papers

Important Definitions

Administrative law is a complex and multifaceted field of law that deals with the legal principles and procedures governing government agencies and their interactions with individuals and organizations. Here are some definitions of administrative law:

  1. Black's Law Dictionary (11th Edition): Administrative Law is defined as "The body of law that governs the activities of administrative agencies of government. It includes the procedures, rules, and regulations established by these agencies, as well as judicial decisions interpreting and enforcing those rules."

  2. Ivor Jennings: Ivor Jennings defined administrative law as "the law relating to administration. It determines the organization, powers, and duties of administrative authorities."

  3. William H. Taft: William H. Taft, the 27th President of the United States and Chief Justice of the Supreme Court, described administrative law as "the most important single element in the whole field of legal study and practice, whether civil or criminal."

  4. Kenneth Culp Davis: Kenneth Culp Davis, a prominent legal scholar, defined administrative law as "the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action."

  5. Ernest Gellhorn and Ronald M. Levin: Gellhorn and Levin defined administrative law as "the body of general principles that give shape and coherence to administrative decisions."

  6. K.C. Wheare: K.C. Wheare defined administrative law as "the law relating to the administration."

  7. H.W.R. Wade: H.W.R. Wade, another influential administrative law scholar, described it as "that branch of the law which determines the organization, powers, and duties of administrative authorities."

Functions of Administrative Law

  1. Control: It controls and regulates the exercise of administrative power to prevent abuse or arbitrariness.
  2. Protection of Rights: Administrative law protects individual rights and interests from arbitrary or unjust decisions by administrative authorities.
  3. Accountability: It ensures that administrative authorities are accountable for their actions and decisions, providing a mechanism for redress.
  4. Procedural Fairness: Administrative law enforces the principles of natural justice, including the right to a fair hearing and unbiased decision-making.

Principles of Administrative Law

  1. Natural Justice: Administrative authorities must act fairly, providing individuals with a fair hearing, notice of proceedings, and an unbiased decision-maker.
  2. Reasonableness: Administrative decisions must be reasonable, logical, and based on relevant evidence and considerations.
  3. Proportionality: Administrative actions should be proportionate to the objectives they seek to achieve, avoiding excessive or unnecessary measures.
  4. Legitimate Expectation: Individuals have a right to expect that administrative authorities will adhere to their promises, representations, or established practices.

Administrative Discretion

  • Administrative authorities often exercise discretion in making decisions. Discretion allows them flexibility but must be exercised within the boundaries of the law.

Judicial Review

  • Judicial review is a core feature of administrative law. It allows courts to assess the legality and fairness of administrative actions and decisions.

Administrative Tribunals

  • Many countries establish administrative tribunals to handle disputes involving administrative law. These tribunals specialise in administrative matters and provide an alternative to traditional courts.

Know more: Bihar Civil Judge Paper Analysis for your preparation

Challenges

  1. Complexity: Administrative law can be complex and technical, making it difficult for individuals to navigate the legal process.
  2. Backlogs: Courts and administrative tribunals often face backlogs, leading to delays in resolving disputes.
  3. Resource Constraints: Administrative authorities may lack resources and expertise, affecting their ability to make informed decisions.

Delegated Legislation

Delegated legislation, also known as secondary or subordinate legislation, refers to laws made by authorities or bodies other than the legislature (i.e., Parliament or State Legislatures) but with the authority granted by the legislature. It plays a crucial role in modern governance, allowing for flexibility and adaptation of laws to changing circumstances. 

  • Delegated legislation is a mechanism by which legislative bodies delegate their law-making powers to subordinate authorities.
  • It helps in filling in the details of broader laws passed by the legislature.

Reasons for Delegated Legislation

  1. Complexity of Modern Life: Laws today often deal with intricate details that are impractical for Parliament or State Legislatures to address.
  2. Flexibility: Delegated legislation allows for quicker adaptation to changing circumstances without the need for new statutes.
  3. Technicality: Some subjects require specialized knowledge, best left to experts or specialized bodies.
  4. Efficiency: Delegated legislation enables faster decision-making and rule-making.

Forms of Delegated Legislation

  1. Rules: Regulations or by-laws created by authorities with rule-making powers.
  2. Orders: Orders made by administrative authorities.
  3. Notifications: Official announcements or proclamations.
  4. Schemes: Detailed plans for implementing government policies.
  5. Directions: Instructions given by a superior authority.
  6. Circulars: Internal instructions within government departments.

Read more: Everything About Bihar Judiciary Exam.

Control Over Delegated Legislation

  1. Substantive Control: Ensures that the delegated authority does not exceed its powers and acts within the scope of the parent statute.
  2. Procedural Control: Focuses on the process followed by the delegated authority, such as proper consultation and publication.

Essential Elements of Valid Delegated Legislation

  1. Enabling Act: There must be an existing statute that confers the power to make rules or regulations.
  2. Subject-Matter: The delegated legislation must relate to the subject-matter of the enabling act.
  3. Procedural Requirements: The procedural requirements specified in the enabling act must be followed.
  4. Reasonableness: Delegated legislation must be reasonable and not arbitrary.

Delegated Legislation in India

  1. Rule-Making Authority: Various laws in India empower central and state governments to make rules and regulations. For example, the Central Government is empowered to make rules under the Companies Act, 2013.
  2. Statutory Instruments: Delegated legislation is often referred to as "statutory instruments" in India.
  3. Judicial Control: Indian courts have the power of judicial review to ensure that delegated legislation does not violate constitutional provisions or exceed the powers granted by the enabling act.

Advantages of Delegated Legislation

  1. Efficiency: Allows for prompt responses to changing conditions.
  2. Expertise: Allows specialized bodies to create rules in their areas of expertise.
  3. Flexibility: Permits fine-tuning of laws without the need for new legislation.

Criticisms of Delegated Legislation

  1. Undemocratic: Delegated legislation bypasses the legislature, leading to concerns about the democratic process.
  2. Abuse of Power: There is a risk of misuse or abuse of delegated powers.
  3. Lack of Public Scrutiny: Delegated legislation may not undergo the same level of public and parliamentary scrutiny as primary legislation.

Get details: Bihar Judiciary Exam Pattern

Control of Delegated Legislation

Control of delegated legislation is a critical aspect of administrative law that ensures the exercise of delegated powers remains within the boundaries set by the legislature. This control is necessary to prevent abuses of power and to maintain the rule of law.

  • Delegated legislation is the process by which legislative powers are delegated to subordinate authorities.
  • Control mechanisms are essential to ensure that these authorities do not misuse their powers or act beyond the scope of the enabling statute.

Types of Control

  1. Parliamentary Control: Exercised by the legislature.
  2. Judicial Control: Exercised by the courts.
  3. Administrative Control: Exercised by the executive.

Parliamentary Control

  1. Scrutiny Committees: Parliament may establish committees to scrutinise delegated legislation. In India, the Committee on Subordinate Legislation examines such regulations.
  2. Resolution of Disapproval: Parliament can pass a resolution to disapprove of delegated legislation. This has a strong moral force but is not binding.
  3. Sunset Clauses: Some statutes include sunset clauses, which automatically repeal delegated legislation after a specified period unless reenacted by Parliament.

Judicial Control

  1. Ultra Vires Doctrine: Courts can review delegated legislation to ensure it does not exceed the powers granted by the enabling act. Any act that goes beyond the scope is considered "ultra vires" or beyond authority.
  2. Procedural Impropriety: Courts may scrutinise the procedural aspects of making delegated legislation to ensure that the prescribed process has been followed.
  3. Unreasonableness: Courts can review delegated legislation for unreasonableness or irrationality.
  4. Unconstitutionality: Delegated legislation can be challenged on the grounds of violating constitutional provisions.

Administrative Control

  1. Supervision and Guidance: Administrative authorities can supervise and provide guidance to the bodies creating delegated legislation to ensure consistency with policy objectives.
  2. Withdrawal of Delegated Powers: Administrative authorities can withdraw or amend delegated powers if they are misused or no longer needed.

Principles of Control

  1. Legality: Delegated legislation must be within the powers granted by the enabling act.
  2. Procedural Fairness: The procedure for making delegated legislation must be fair and transparent.
  3. Reasonableness: Delegated legislation must be reasonable and not arbitrary.
  4. Consistency: It must be consistent with the parent statute and other laws.

Judicial Precedents

  1. A.K. Roy v. Union of India (1982): Emphasized the need for delegated legislation to be consistent with the parent act and the Constitution.
  2. State of U.P. v. Renusagar Power Co. (1988): Highlighted the role of courts in reviewing the reasonableness of delegated legislation.

Check now: Bihar Judiciary dates 2023

Ombudsman in India (Lok pal and Lokayukta) for Administrative Law for Bihar Judiciary

  • The concept of the Ombudsman, originally from Sweden, was introduced in India to address issues of corruption, maladministration, and public grievances.
  • The Ombudsman institutions in India are known as the Lokpal at the central level and Lokayukta at the state level.

Lokpal (Central Ombudsman)

  1. Establishment: The Lokpal is the apex anti-corruption authority at the central level.
  2. Lokpal and Lokayuktas Act, 2013: It was established by the Lokpal and Lokayuktas Act, 2013, which came into force in January 2014.
  3. Jurisdiction: The Lokpal has jurisdiction over central government employees, including civil servants, politicians, and public servants at the central level.
  4. Composition: The Lokpal is a multi-member body consisting of a Chairperson and up to eight members.
  5. Appointment: The members of the Lokpal are appointed by the President of India on the advice of a selection committee, which includes the Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition in the Lok Sabha, Chief Justice of India, and an eminent jurist.
  6. Functions and Powers
  • Investigation: The Lokpal can investigate complaints of corruption and maladministration against public officials, including the Prime Minister and Members of Parliament (with certain safeguards).
  • Prosecution: The Lokpal can initiate prosecution in special courts, known as Lokpal Special Courts.
  • Preventive Measures: It can recommend measures to prevent corruption in public offices.
  • Inquiry: The Lokpal can conduct inquiries and investigations, including search and seizure.

Lokayukta (State Ombudsman)

  1. Establishment: Each state in India can establish its own Lokayukta institution to address corruption, bribery, and maladministration at the state level.
  2. Jurisdiction: Lokayuktas have jurisdiction over state government employees, including state civil servants, politicians, and public servants at the state level.
  3. Composition: The composition and appointment process of Lokayuktas may vary from state to state, as it is governed by state legislation.
  4. Functions and Powers
  • Complaints Handling: Lokayuktas handle complaints related to corruption, bribery, and maladministration at the state level.
  • Investigation: They can investigate public officials, including the Chief Minister and Ministers.
  • Recommendations: Lokayuktas can recommend action against officials found guilty of corruption.

Significance

  • The Lokpal and Lokayukta institutions play a crucial role in combating corruption, ensuring accountability in public administration, and promoting transparency.
  • They provide an avenue for citizens to seek redressal against public officials and government functionaries.

Challenges and Criticisms

  1. Delayed Appointments: Delayed appointments of Lokpal and Lokayukta officials have been a significant challenge, affecting their effectiveness.
  2. Limited Prosecution Powers: Concerns have been raised about the limited prosecution powers, especially concerning politicians.
  3. Need for Adequate Resources: Ensuring adequate resources, independence, and autonomy for these institutions is essential for their effectiveness.

Check out: Bihar Judiciary exam preparation.

Fair Hearing; Rules of Natural Justice; Rules Against Bias; Audi Alteram Partem 

  • In administrative and legal proceedings, it is essential to uphold principles of fairness and justice.
  • The principles of natural justice, including "Audi Alteram Partem," are fundamental in ensuring that individuals are given a fair hearing and that decisions are made without bias.

Audi Alteram Partem (Hear the Other Side)

  • "Audi Alteram Partem" is a Latin phrase that translates to "hear the other side."
  • It embodies the principle that no one should be condemned, punished, or adversely affected without a fair opportunity to present their case.

Principles of Natural Justice

  1. Rule Against Bias: No decision-maker should be biased or have any interest in the outcome of the matter.
  2. Audi Alteram Partem: The right to be heard, including the right to know the case against you, the right to respond, and the right to a fair hearing.
  3. Reasoned Decision: The decision-maker must provide reasons for their decision, allowing for scrutiny and appeal.

Rules Against Bias

  1. Actual Bias: If there is actual bias or a reasonable perception of bias on the part of the decision-maker, the decision can be invalidated.
  2. Pecuniary Bias: Any financial or personal interest that may influence the decision-maker's judgment is considered bias.
  3. Imputed Bias: Bias can also be imputed if the decision-maker has a relationship or association with one of the parties that raises reasonable doubts about impartiality.

Application of Audi Alteram Partem

  • The principle of "Audi Alteram Partem" applies in various contexts, including administrative proceedings, disciplinary actions, and court proceedings.
  • It ensures that individuals have the right to be informed of the allegations against them, to respond to those allegations, and to be heard before a decision is made.

Exceptions to Natural Justice

  1. Emergency: In certain urgent situations, where delay could cause harm, the principles of natural justice may be relaxed.
  2. Statutory Exclusion: If a statute explicitly excludes the application of natural justice principles, they may not apply.
  3. Alternative Remedies: If alternative remedies or appeal mechanisms are available, the principles of natural justice may be satisfied through those processes.

Importance

  • Upholding natural justice principles is crucial in maintaining the integrity of administrative and legal proceedings.
  • It ensures that decisions are made fairly, transparently, and without bias.

Cases

  • In the case of Maneka Gandhi v. Union of India (1978), the Supreme Court of India expanded the scope of natural justice, emphasizing the importance of a fair hearing. 

Read More: How To Prepare For Bihar Judiciary Prelims 2023

Tribunals and Quasi-Judicial Authorities; Judicial Control over them for Administrative Law for Bihar Judiciary

  • Tribunals and quasi-judicial authorities are specialized bodies that adjudicate disputes and make decisions in specific areas of law.
  • They are distinct from regular courts and are established to provide expertise in particular subject matters.

Characteristics of Tribunals and Quasi-Judicial Authorities

  1. Specialization: They specialize in specific areas of law, such as tax, environmental, or labor law.
  2. Procedure: They often have their own procedural rules, which may be more flexible than regular court procedures.
  3. Expertise: They usually consist of members with expertise in the relevant field.
  4. Adjudication: They have the power to adjudicate disputes and make binding decisions.

Examples of Tribunals and Quasi-Judicial Authorities in India

  1. National Green Tribunal (NGT): Deals with environmental matters.
  2. Income Tax Appellate Tribunal (ITAT): Handles income tax appeals.
  3. Central Administrative Tribunal (CAT): Adjudicates disputes related to recruitment, service, and employment conditions of civil servants.
  4. Securities Appellate Tribunal (SAT): Hears appeals against decisions of SEBI in the securities market.

Judicial Control Over Tribunals and Quasi-Judicial Authorities

  1. Judicial Review: Decisions of tribunals and quasi-judicial bodies are subject to judicial review by regular courts.
  2. Ultra Vires Doctrine: Courts can intervene if a tribunal exceeds its jurisdiction or acts beyond the scope of its enabling statute.
  3. Procedural Fairness: Courts can review the procedures followed by tribunals to ensure fairness and adherence to principles of natural justice.
  4. Errors of Law: Courts can review tribunal decisions for errors of law, ensuring that the law has been correctly interpreted and applied.
  5. Jurisdictional Errors: Courts can intervene if there are jurisdictional errors, such as a lack of jurisdiction or an error in determining facts.

Principles of Judicial Control

  1. Reasons: Tribunals must provide reasons for their decisions to allow for judicial review.
  2. No Delegation: Tribunals must not delegate their decision-making powers to others.
  3. Adherence to Statute: Tribunals must act within the boundaries set by their enabling statutes.
  4. Fair Hearing: Tribunals must follow principles of natural justice, including the right to a fair hearing and audi alteram partem (the right to be heard).
  5. Proportionality: Decisions of tribunals must be proportionate and not excessive.

Cases:

  • In the case of Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India (2012), the Supreme Court emphasized the importance of judicial control over tribunals and the need for transparency and accountability in their functioning.

Principle of Natural Justice for Administrative Law for Bihar Judiciary

  • Natural justice is a fundamental legal principle that ensures fairness and equity in administrative and judicial proceedings.
  • It safeguards the rights of individuals by imposing procedural and substantive constraints on decision-makers.

Key Principles

Audi Alteram Partem (Hear the Other Side)

  • This principle emphasizes that no person should be condemned or adversely affected by a decision without being given a fair opportunity to present their case.
  • It includes the right to be heard, the right to know the case against you, and the right to respond.

Know more:  Best books for the Bihar Judiciary Exam 2023

Nemo Judex in Causa Sua (No One Shall Be a Judge in Their Own Cause)

  • This principle prohibits decision-makers from participating in cases where they have a personal interest or bias.
  • It ensures impartiality and prevents conflicts of interest.

Application of Natural Justice:

  1. Administrative Proceedings: Natural justice principles apply to administrative actions, ensuring that government agencies follow fair procedures when making decisions that affect individuals' rights.
  2. Judicial Proceedings: Natural justice is fundamental in judicial proceedings, guaranteeing that courts hear both sides of a dispute and decide cases impartially.
  3. Quasi-Judicial Bodies and Tribunals: Natural justice applies to decisions made by quasi-judicial bodies, ensuring that they provide a fair hearing and avoid bias.

Elements of Natural Justice

  1. Notice: Parties must be informed of the proceedings against them, including the charges or allegations.
  2. Hearing: Parties have the right to present their case orally or in writing, respond to evidence, and cross-examine witnesses.
  3. Impartial Decision-Maker: The decision-maker must be unbiased and free from any conflicts of interest.
  4. Reasons for Decision: The decision-maker must provide reasons for the decision, allowing for review and appeal.

Exceptions to Natural Justice

  1. Emergency Situations: In urgent situations where delay could cause harm, natural justice principles may be relaxed.
  2. Statutory Exclusion: If a statute explicitly excludes the application of natural justice principles, they may not apply.
  3. Alternative Remedies: If alternative remedies or appeal mechanisms are available, natural justice may be satisfied through those processes.

Case:

  • In the case of Maneka Gandhi v. Union of India (1978), the Supreme Court of India expanded the scope of natural justice, emphasizing the importance of a fair hearing.

Legitimate Expectations 

  • The principle of legitimate expectations is a legal doctrine that protects the expectations and rights of individuals when they have a legitimate reason to expect a certain treatment, decision, or process from a public authority.
  • It is an important aspect of administrative law and ensures fairness, transparency, and consistency in government actions.

Key Elements

  1. Legitimacy: The expectation must be legitimate, which means it must be based on a reasonable and justified belief.
  2. Promise or Representation: The expectation is often based on a promise, representation, or past practice of a public authority.
  3. Fairness: The principle ensures that individuals are treated fairly and that public authorities act consistently.

Types of Legitimate Expectations

  1. Procedural Expectations: Individuals may have an expectation of being heard or consulted before a decision is made.
  2. Substantive Expectations: Expectations regarding the actual outcome or substance of a decision.
  3. Expectations Based on Past Practice: If a public authority has consistently acted in a certain way, individuals may expect similar treatment in the future.
  4. Expectations Based on Representations: Individuals may rely on representations or assurances made by public authorities.

Application of Legitimate Expectations

  1. Administrative Decisions: It applies to administrative decisions, ensuring that public authorities honor commitments and expectations.
  2. Contractual Relations: Legitimate expectations can arise in contractual relations with government bodies.
  3. Statutory Interpretation: Courts consider legitimate expectations when interpreting statutes and administrative rules.

Balancing Act: Public authorities must balance legitimate expectations against other public interests, such as public policy, national security, and the public good.

Case:

  1. R. v. North and East Devon Health Authority (2001): In this case, the House of Lords held that a health authority's decision not to provide a specific drug to a patient was unlawful because it violated the patient's legitimate expectation based on a practice followed by the authority.
  2. Sahara India Real Estate Corporation Ltd. v. Securities and Exchange Board of India (2012): In this Indian case, the Supreme Court upheld the principle of legitimate expectations, stating that SEBI could not change its guidelines arbitrarily without providing reasons and an opportunity to be heard.

Read More: Know about all Judiciary Exams

Judicial Review:

Judicial review is a fundamental aspect of the legal system in which courts have the authority to review and potentially invalidate government actions, decisions, or laws that are inconsistent with the Constitution or other legal standards.

Key Principles

  1. Supremacy of the Constitution: In countries with written constitutions, the Constitution is supreme, and all laws, actions, and decisions must conform to it.
  2. Separation of Powers: Judicial review is based on the principle of separation of powers, ensuring that the judiciary can check and balance the actions of the executive and legislative branches of government.
  3. Rule of Law: Judicial review upholds the rule of law by holding the government accountable and ensuring that it acts within the legal framework.

Types of Judicial Review

  1. Constitutional Review: Courts examine whether a law or government action complies with the constitution. If it doesn't, it can be declared unconstitutional and void.
  2. Legality Review: Courts assess whether government actions or decisions adhere to existing laws and regulations. If they don't, they can be quashed or invalidated.
  3. Procedural Review: Courts examine whether the proper procedures were followed in making a decision or taking an action. If not, they can declare the decision void.

Grounds for Judicial Review

  1. Illegality: When a government action or decision is illegal, such as exceeding the powers granted by law.
  2. Irrationality: When a government action or decision is so unreasonable that no rational authority would have made it.
  3. Procedural Impropriety: When proper procedures have not been followed, including failing to provide a fair hearing or violating principles of natural justice.

Role of the Courts

  1. Reviewing Legislation: Courts can review laws passed by legislatures and invalidate them if they violate the constitution.
  2. Reviewing Administrative Actions: Courts can review administrative decisions and actions to ensure they comply with the law and adhere to procedural fairness.
  3. Defending Rights: Courts protect individual rights and liberties by striking down government actions that infringe upon them.

Limits to Judicial Review

  1. Political Questions: Courts may refrain from reviewing certain matters considered purely political, such as foreign policy decisions.
  2. Mootness: Courts often do not review cases that have become moot or no longer present a live controversy.
  3. Non-Justiciable Issues: Courts may refuse to review issues deemed non-justiciable, such as issues involving national security.

Importance

Judicial review is essential for upholding the rule of law, ensuring government accountability, and safeguarding individual rights and liberties.

Cases:

  1. Marbury v. Madison (1803): In this landmark U.S. case, the Supreme Court established the principle of judicial review, asserting the power to declare acts of Congress unconstitutional.
  2. Kesavananda Bharati v. State of Kerala (1973): In this Indian case, the Supreme Court held that the basic structure of the Constitution cannot be altered by amendments, establishing the scope of judicial review in India.

Read More: Fill Bihar Judiciary Application Form 2023

Writ Jurisdiction and Statutory Judicial Remedies, Scope, Extent & Distinction

Introduction

  • Writ jurisdiction and statutory judicial remedies are legal mechanisms that allow individuals to seek redress for violations of their rights or grievances against government actions, decisions, or authorities.
  • These remedies are essential for upholding the rule of law and ensuring government accountability.

Writ Jurisdiction

  1. Writs: Writs are formal written orders issued by a higher court (usually a High Court or the Supreme Court) to lower courts, public authorities, or individuals to perform specific actions or refrain from certain acts.
  2. Nature: Writ jurisdiction is a constitutional remedy primarily used to protect fundamental rights and enforce the rule of law.
  3. Types of Writs: In India, five types of writs are available:
  • Habeas Corpus
  • Mandamus
  • Certiorari
  • Prohibition
  • Quo Warranto 
  1. Scope: Writ jurisdiction is broader and can address a wide range of issues, including violations of fundamental rights, illegal detention, abuse of power, and judicial review of administrative actions.
  2. Purpose: The primary purpose of writs is to ensure that government actions comply with the law, protect individual rights, and provide remedies for violations.

Statutory Judicial Remedies

  1. Statutory Remedies: These remedies are provided by statutes (laws) enacted by legislatures. They may include appeal mechanisms, tribunals, and specialized courts.
  2. Nature: Statutory remedies are based on specific statutes, regulations, or laws that outline the procedures, forums, and authorities for seeking redress.
  3. Types of Statutory Remedies: Statutory remedies can vary widely depending on the specific law involved. Examples include the right to appeal to a higher court, seeking remedies before specialized tribunals, and filing civil suits.
  4. Scope: Statutory remedies are narrower in scope and are designed to address specific issues covered by the relevant statute.
  5. Purpose: The purpose of statutory remedies is to provide a structured and legal means of addressing disputes and grievances in accordance with the applicable law.

Distinction and Comparison

Nature of Remedy

  • Writ jurisdiction is constitutional and is designed to protect fundamental rights and uphold the rule of law.
  • Statutory remedies are based on specific statutes or laws enacted by legislatures. 

Scope

  • Writ jurisdiction has a broader scope and can be used to address a wide range of issues, including constitutional violations.
  • Statutory remedies are more narrowly focused and are specific to the area of law covered by the statute.

Authority:

  • Writs are typically issued by higher courts, such as High Courts or the Supreme Court.
  • Statutory remedies are provided for in the relevant statutes or laws, and the authority to grant relief may vary depending on the statute.

Purpose:

  • The primary purpose of writs is to protect fundamental rights, ensure government accountability, and enforce the rule of law.
  • Statutory remedies aim to provide structured and legal mechanisms for addressing disputes and grievances in accordance with specific laws.

Read more: Skills that you need for clearing Bihar Judiciary exam

Public Interest Litigation

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or organisations to initiate legal proceedings in the interest of the public or society at large, even if they are not directly affected by the issue.

Key Characteristics

  1. Broad Scope: PIL covers a wide range of issues, including those related to human rights, environmental protection, corruption, and social justice.
  2. Standing: PIL allows individuals or organizations without a direct or personal interest in the case to file petitions on behalf of the public or affected groups.
  3. Access to Justice: PIL seeks to make justice accessible to marginalized and underprivileged sections of society who may not have the resources to engage in traditional litigation.
  4. Protecting Public Interest: The primary goal of PIL is to protect and advance public interest, often involving issues that have a significant impact on society.

Origins and Development

  • The concept of PIL originated in the United States with cases like Brown v. Board of Education (1954), which addressed racial segregation in schools.
  • In India, PIL evolved as a tool for social justice and accountability in the 1980s.

Mechanisms and Procedural Aspects

  1. Standing: Individuals, public-spirited organizations, and even courts themselves can initiate PIL cases.
  2. Procedure: PIL cases can be initiated by filing writ petitions directly in the Supreme Court or High Courts. Courts may also take suo motu (on their own motion) cognizance of matters in the public interest.
  3. Legal Aid: Courts often provide legal aid and assistance to those who cannot afford legal representation.
  4. No Adverse Costs: Courts may waive or reduce court fees, ensuring that litigants are not deterred by the financial burden.

Impact and Significance

  1. Environmental Protection: PIL has played a significant role in environmental conservation and protection, leading to landmark judgments and guidelines.
  2. Human Rights: It has been instrumental in safeguarding human rights, including issues related to custodial torture, prison reforms, and women's rights.
  3. Accountability: PIL has been used to hold public officials and institutions accountable for their actions or inactions.
  4. Social Justice: It has contributed to the advancement of social justice, addressing issues of discrimination, equality, and affirmative action.

Criticisms and Challenges

  1. Misuse: Concerns have been raised about the misuse of PIL for personal gain, publicity, or settling private scores.
  2. Overburdened Courts: The proliferation of PIL cases has placed a heavy burden on the judiciary, potentially affecting the timely resolution of other cases.
  3. Lack of Codified Rules: The absence of clear and uniform rules for PIL has led to ambiguity and inconsistency in its application.
  4. Conflict with Elected Bodies: PIL sometimes conflicts with the role of elected bodies in policy-making and governance.

Right to information Act, 2005

The Right to Information Act, 2005, is a landmark legislation in India that empowers citizens to access information from public authorities and promote transparency and accountability in government.

Key Provisions

  1. Definition: The Act defines what constitutes a "public authority" and includes government departments, ministries, and bodies substantially financed by the government.
  2. Request for Information: Any citizen can file an application seeking information from a public authority. The application should be in writing or through electronic means.
  3. Timeframe: Public authorities are required to provide information within 30 days of receiving the request. In some cases, this can be extended to 45 days with a valid reason.
  4. Fees: A nominal fee is charged for requesting information, but certain categories of citizens, such as those below the poverty line, are exempted from fees.
  5. Exemptions: The Act provides for certain exemptions where information can be withheld, including matters of national security and personal privacy.
  6. Appeals: If a request is denied or if the applicant is not satisfied with the response, they can file an appeal with higher authorities, known as Information Commissions, at the central and state levels.

Importance and Significance

  1. Transparency: The RTI Act promotes transparency in government functioning by allowing citizens to access information about policies, decisions, and public spending.
  2. Accountability: It holds public authorities accountable for their actions by allowing citizens to question and scrutinize government decisions.
  3. Empowerment: RTI empowers citizens to participate actively in the democratic process by making informed choices and decisions.
  4. Fighting Corruption: It is a crucial tool in the fight against corruption as it enables citizens to expose corrupt practices and demand accountability.

Challenges and Concerns

  1. Delays: Delays in providing information beyond stipulated timeframes can hinder the effectiveness of the Act.
  2. Exemptions: The Act's exemptions are sometimes used to deny access to critical information, leading to concerns about misuse.
  3. Security Concerns: Balancing transparency with national security considerations can be challenging.
  4. Awareness: Limited awareness and literacy about the Act in some areas hinder its widespread use.

Impact

The RTI Act has been instrumental in exposing corruption scandals, improving government services, and enhancing transparency in public administration.

Know about: How to make a Career in Judiciary

Promissory Estoppel, Legitimate Expectation & Doctrine of Proportionality

Promissory Estoppel:

Definition: Promissory estoppel is a legal doctrine that prevents a party from going back on a promise made, even if the promise is not supported by a formal contract.

Elements:

  1. There must be a clear and unambiguous promise or representation made by one party to another.
  2. The party receiving the promise must have relied on it to their detriment.
  3. It would be unjust or unfair to allow the promisor to renege on the promise.

Purpose: Promissory estoppel is a tool for enforcing promises when no formal contract exists. It ensures fairness and prevents injustice.

Legitimate Expectation

Definition: Legitimate expectation is a legal principle that protects the expectations of individuals when they have a legitimate reason to expect a certain treatment, decision, or process from a public authority.

Elements:

  1. There must be a promise, representation, or past practice by a public authority.
  2. The expectation must be legitimate, reasonable, and based on a justified belief.
  3. The public authority must act fairly and not frustrate the legitimate expectation.

Purpose: Legitimate expectation ensures that individuals are treated fairly by public authorities and that decisions are not arbitrary.

Doctrine of Proportionality

Definition: The doctrine of proportionality is a legal principle used to assess the balance between the means employed by a public authority and the desired objective or outcome.

Elements:

  1. There must be a legitimate aim or objective pursued by the public authority.
  2. The means used to achieve the objective must be suitable and necessary.
  3. The means must also be proportionate in the sense that they do not exceed what is required to achieve the legitimate aim.

Purpose: The doctrine of proportionality ensures that public authorities do not use excessive or unnecessary means to achieve their objectives, thereby protecting individual rights.

Application

  • Promissory Estoppel: Applied in contract law cases when one party relies on a promise to their detriment, preventing the promisor from going back on their word.
  • Legitimate Expectation: Applied in administrative law cases, ensuring that public authorities act fairly, transparently, and consistently with their promises and past practices.
  • Doctrine of Proportionality: Applied in administrative and constitutional law cases to assess whether government actions or regulations are proportionate to their intended objectives.

Cases:

  1. Central Bank of India v. Ravindra: In this Indian case, the doctrine of promissory estoppel was applied when the bank reneged on a promise to provide a loan.
  2. R v. North and East Devon Health Authority: The legitimate expectation of access to a specific drug was upheld in this UK case, emphasizing fairness and the protection of legitimate expectations.
  3. Maneka Gandhi v. Union of India: The Indian Supreme Court applied the doctrine of proportionality in this case, ensuring that restrictions on a citizen's right to travel abroad were proportionate to the objective of national security.

Doctrine of Necessity

The Doctrine of Necessity is a legal principle that comes into play when a situation arises where there is no clear or applicable legal provision to address it. It allows for the resolution of critical matters in the absence of specific rules or laws.

Key Principles

  1. Safeguarding the System: The doctrine is invoked to ensure that the functioning of essential institutions and the administration of justice are not obstructed due to legal or procedural gaps.
  2. Last Resort: The doctrine should only be employed as a last resort when there are no other alternatives to resolve a critical situation.
  3. Limited Scope: It is typically applied narrowly and does not create a precedent for future cases. It is specific to the unique circumstances in which it is invoked.

Examples of Application

  1. Government Formation: In cases where elections result in a hung parliament or where there is a political deadlock, the head of state or governor may use the Doctrine of Necessity to appoint a caretaker government until a resolution is reached.
  2. Judicial Recusal: When a judge needs to recuse themselves from a case due to a conflict of interest or other reasons, but there are not enough judges available to constitute a bench, the court may apply the doctrine to allow the case to proceed.
  3. Extraordinary Circumstances: In times of national emergency or war, where the ordinary legal framework may not suffice, the Doctrine of Necessity can be used to allow for the adoption of emergency measures.

Limitations and Concerns

  1. Abuse: There is a risk of misuse or abuse of the doctrine for political or personal interests, bypassing established legal procedures.
  2. Temporary Nature: The doctrine is meant to be a temporary measure until a proper legal framework can be established. Prolonged use can undermine the rule of law.
  3. Legal Vacuum: Relying on the doctrine may create a perception of a legal vacuum, which can erode public confidence in the legal system.

Cases:

  1. State of Uttar Pradesh v. Mohammad Naim (1964): In this Indian case, the doctrine was applied when there was no specific provision for the appointment of a Sessions Judge. The court held that necessity compelled them to make the appointment.
  2. Doe d. Kent v. Grote (1817): In this English case, the court applied the doctrine to validate the appointment of an acting Chief Justice when there was no provision for such an appointment.

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Central Vigilance Commission

The Central Vigilance Commission (CVC) is an apex government institution in India responsible for addressing issues related to corruption, misconduct, and unethical behavior in the public sector.

Establishment

The CVC was established by a government resolution on February 11, 1964, and it became a statutory body with the enactment of the Central Vigilance Commission Act, 2003.

Key Functions and Responsibilities

  1. Preventing Corruption: The primary objective of the CVC is to prevent corruption and promote integrity in public administration.
  2. Supervision and Advisory: It exercises superintendence over the vigilance activities of various government departments and offers guidance and advice to them.
  3. Investigation: The CVC can order investigations into allegations of corruption or misconduct against public servants.
  4. Monitoring: It monitors the implementation of recommendations made by it or by the Commission on administrative reforms that relate to vigilance matters.
  5. Whistleblower Protection: The CVC ensures the protection of whistleblowers who report instances of corruption or wrongdoing.

Composition

  • The CVC consists of:
    1. A Central Vigilance Commissioner (CVC), who is the chairperson of the Commission.
    2. Not more than two Vigilance Commissioners (VCs).

Selection Process

  • The CVC and VCs are appointed by the President of India on the recommendation of a committee consisting of:
    1. The Prime Minister (Chairperson of the committee).
    2. The Home Minister.
    3. The Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha).

Independence

  • The CVC and VCs have fixed tenures and can only be removed by the President of India through a process of impeachment, ensuring their independence.

Jurisdiction

  • The CVC primarily deals with matters related to the central government and central public sector enterprises. Each state in India also has a State Vigilance Commission (SVC) to address similar issues at the state level.

Significance

  • The CVC plays a critical role in maintaining transparency, accountability, and integrity in government operations. It acts as a watchdog to prevent corruption and misconduct, thereby upholding the rule of law.

Challenges

  • The effectiveness of the CVC depends on the cooperation and commitment of various government departments, and challenges related to bureaucracy, delays in investigations, and political interference can impact its functioning.

Parliamentary Committees

Parliamentary Committees are an integral part of the parliamentary system, serving as specialized bodies responsible for various functions such as scrutinizing legislation, examining government actions, and making recommendations.

Types of Parliamentary Committees

  1. Standing Committees: These are permanent committees established by the Parliament for a specific purpose. They continue from one session of Parliament to another.
  2. Ad Hoc Committees: These are temporary committees formed for a specific task or investigation, such as a joint parliamentary committee to investigate a particular issue.

Functions and Roles

  1. Legislative Scrutiny: Committees examine proposed bills in detail, suggest amendments, and ensure that the legislation aligns with the Constitution and the public interest.
  2. Examination of Policies and Programs: Committees assess government policies, programs, and budgetary allocations to ensure they are implemented effectively and efficiently.
  3. Oversight of Government: Committees hold the executive branch accountable by reviewing its actions, policies, and decisions, and can summon government officials for questioning.
  4. Inquiries and Investigations: Committees conduct inquiries, investigations, and fact-finding missions on various issues, often in response to public concerns or controversies.
  5. Report Preparation: Committees prepare reports with findings, recommendations, and suggestions, which are then presented to Parliament.

Composition

Parliamentary Committees include members of both Houses of Parliament (Lok Sabha and Rajya Sabha). The composition is usually based on the proportional representation of political parties.

Significance

  1. In-Depth Examination: Committees allow for a more thorough and specialized examination of issues, which may not be possible in the full house of Parliament.
  2. Accountability: They enhance accountability by holding the government responsible for its actions and decisions.
  3. Expertise: Committees often have members with expertise in specific areas, ensuring a more informed and detailed review.
  4. Consensus Building: They provide a platform for consensus building and bipartisan cooperation.

Learn More: Know How to Write Answers in the Judiciary Mains Examination

Examples of Key Committees

  1. Public Accounts Committee (PAC): Examines government expenditures and ensures financial accountability.
  2. Committee on Public Undertakings (CPU): Examines the functioning of public sector enterprises.
  3. Estimates Committee: Evaluates budgetary estimates and allocations.
  4. Committee on Information Technology: Focuses on issues related to the IT sector and its functioning.
  5. Joint Parliamentary Committee (JPC): Investigates specific issues, such as scams or controversies.

Important Questions of Administrative Law for Bihar Judiciary Prelims

Ques: "Administrative law is a study of pathology of power in a developing society. Accountability of the holders of public power for the ruled is the focal point of this formulation." Who among the following jurists has given this definition?

  1. A. V. Dicey
  2. Davis
  3. Sir William Ivor Jennings
  4. Prof. Upendra Baxi

Ques: Natural justice is universal fact of secular life which has given a new life to legislature administration and judicial adjudication and provided way to objective life. These rules are part of social justice." This statement was given by al bats

  1. Justice Prafullachandra Natwarlal Bhagwati
  2. Justice Vaidyanathapuram Rama lyer Krishna lyer
  3. Justice Hans Raj Khanna noitslapel
  4. Justice A.N. Ray

Ques: 'Rule of law' means

  1. rule of nature
  2. rule of man
  3. Rule of procedure
  4. Pervasiveness of the spirit of law and to avoid arbitrariness

Ques: Which of the following is a key principle of administrative law that ensures government actions are just, fair, and reasonable?

  1. Delegation of authority
  2. Due process
  3. Judicial review
  4. Executive privilege

Ques: What is the legal principle that allows courts to overturn an agency's decision if it is not supported by substantial evidence in the record?

  1. Deference
  2. Stare decisis
  3. Substantial evidence rule
  4. Burden of proof

Ques: What is the term for the concept that no one is above the law, including government officials, and that everyone is subject to legal constraints?

  1. Equality before the law
  2. Executive immunity
  3. Judicial activism
  4. Legislative supremacy

Ques: Under the rule of law, what is the role of an independent judiciary?

  1. To draft legislation
  2. To enforce executive orders
  3. To interpret and apply the law impartially
  4. To conduct administrative investigations

Important Questions of Administrative Law for Bihar Judiciary Mains

Ques: On what grounds delegated legislation can be declared substantively ultra vires? Also discuss the permissibility and Impermissibility of the rule making powers of the executive. Cite relevant cases.

Ques: "The most significant and outstanding development of the 20th century is the rapid growth of administrative law. In this century, the philosophy as to the role and function of the State has undergone a radical change." In the light of this statement, discuss in detail the development and evolution of administrative law.

Ques: Differentiate among doctrines of legitimate expectation, proportionality, collateral purpose and mala fide with the help of relevant case laws.

Ques: How the Tribunal is distinct from the Court? Explain the constitution, powers and procedures of administrative tribunals and scope of judicial review.

Ques: "The term Public Interest Litigation was first used by Professor Abram Chayes in 1976, to refer to cases seeking social change through court's directive which articulated public norms of governance and enforced the public norms." In the light of the above statement, discuss –

  1. meaning and scope of Public Interest Litigation;
  2. Public Interest Litigation in India with reference to relevant legal provisions and case laws.

Ques: Discuss the principles of natural justice and their application in administrative proceedings. Provide relevant case law examples.

Ques: What is the doctrine of ultra vires in administrative law? Explain how it is used to challenge administrative actions.

Ques: Describe the rulemaking process in administrative law. What are the procedural requirements for rulemaking, and how can rules be challenged?

Ques: Explain the concept of delegated legislation. Discuss the advantages and disadvantages of delegated legislation in the context of administrative law.

Ques: What is judicial review, and why is it important in administrative law? Describe the grounds on which administrative decisions can be challenged in court.

Ques: Discuss the role of administrative agencies in the implementation and enforcement of regulations. How can agencies ensure transparency and public participation in their actions?

How to prepare for Administrative Law for Bihar Judiciary

Follow these key tips while you prepare for Administrative Law for Bihar Judiciary:

  • Understand the Syllabus: Begin by thoroughly reviewing the syllabus for the Administrative Law portion of the Bihar Judiciary exam mentioned above. This will give you a clear idea of the topics you need to cover.
  • Study Material: Gather relevant study material, download the notes given above. You can also get exclusive access to preparation notes from Judiciary Gold. 
  • Start with Basics: If you are just starting your preparation, start by building a strong foundation in the basic concepts of administrative law. Understand the principles, doctrines, and key terms.
  • Practice Previous Years' Papers: Do not forget to solve previous years' question papers and sample papers to get a sense of the exam pattern and the types of questions asked.
  • Get personalised preparation tips from your mentors: From your mentors you can get personalised tips from your mentors according to your progress in preparation.

Conclusion:

Administrative law is a crucial component of public law that ensures the accountability, fairness, and legality of administrative authorities. It plays a vital role in protecting individual rights and ensuring that government actions are just and reasonable. While studying administrative law for Bihar Judiciary make sure that you make your own notes and practice regularly. Download the notes above in this article and start with your preparation.

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Administrative Law For Bihar Judiciary: Expert Guide, Notes and Study Plan

Author : Yogricha

January 12, 2024

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 Overview: Administrative Law for Bihar Judiciary is asked in both prelims and mains examination and it is a part of optional Paper I (Constitutional Law and Administrative Law) of Bihar Judiciary Mains examination. It is also covered in Bihar Judiciary Prelims 2023 examination. It forms 25-35% part of the prelims examination. For Constitutional Law you have to cover all the articles in the Constitution, and to excel in Administrative Law for judiciary read this article completely and also download complete notes from Judiciary Gold for your preparation.

In this article we will cover all the important topics that you need to cover for your Administrative law examination. We have included all the topics that are commonly asked in the examination by taking the reference of previous year papers. You can also download questions papers for practicing for prelims and mains examination.

In this article we will cover:

List of Important Topics of Administrative Law for Bihar Judiciary
Important Topics for Prelims on Administrative Law
Important Topics for Mains on Administrative Law
Complete notes for Administrative Law for Bihar Judiciary Prelims and Mains
Important Questions for Bihar Judiciary Prelims
Important Questions for Bihar Judiciary Mains
How to prepare for Administrative Law for Bihar Judiciary

List of Important Topics of Administrative Law for Bihar Judiciary Prelims and Mains

The syllabus of Administrative Law for Judiciary can be vast if an aspirant wishes to cover everything, without knowing the key focus areas. Therefore, we have made a list of all the important topics for your to cover. This list includes most topics that were asked in the previous years in Bihar Judiciary Exams. Refer to the list below, when you start preparing:

Know About: How to prepare for Bihar Judiciary Exam

  • Delegated Legislation
  • Control of Delegated Legislation
  • Ombudsman in India (Lok pal and Lokayukta)
  • Fair Hearing; Rules of Natural Justice; Rules Against Bias; Audi Alteram Partem
  • Tribunals and Quasi-Judicial Authorities; Judicial Control over them
  • Natural Justice
  • Legitimate Expectations
  • Judicial Review
  • Writ Jurisdiction and Statutory Judicial Remedies, Scope, Extent & Distinction
  • Public Interest Litigation
  • Right to information Act, 2005
  • Promissory Estoppel, Legitimate Expectation & Doctrine of Proportionality
  • Doctrine of Necessity
  • Central Vigilance Commission
  • Parliamentary Committees

Important Topics for Prelims on Administrative Law for Judiciary

After referring to the Previous Year Question Papers here is a comprehensive list of all the topics with the year in which these topics were asked in Bihar Judiciary. Take a note of these topics and focus on them while preparing for Bihar Judiciary Prelims: 

Topic Year
Ombudsman 2009, 2013
Natural Justice 2009, 2016, 2018
Judicial Review 2009, 2013
Parliamentary Committees 2013
Rule of Law 2016, 2018, 2020
Conditional Legislation 2016
Delegated Legislation 2016, 2020
Seperation of Powers 2016
Administrative Justice 2016
Seperation of Power 2018
Legitimate Expectations 2018
Check and Balance 2020

Read about: Bihar Judiciary syllabus 2023

Important Topics for Prelims on Administrative Law for Judiciary

Given below is a comprehnesive list of all the important topics and the year in which these questions were asked in Bihar Judiciary Mains:

Topic Year
Natural Justice 2009
Parliamentary Priviledges 2009
Rule of Law 2009
Public Interest Litigation 2020
Delegated Legislation 2020
Seperation of Powers 2016
Administrative Justice 2018
Seperation of Power 2020
Central Vigilance Commission 2018
Legitimate Expectations 2016
Ombudsman 2020

Read more: Download Commercial Law Notes for Bihar Judiciary

Complete Notes for Administrative Law for Bihar Judiciary Prelims and Mains

Administrative law is a legal field that concerns the powers, functions, and responsibilities of various branches of government. Sir Ivor Jennings, defined administrative law as the body of law governing administration, encompassing the organization, powers, and duties of administrative authorities. However, this definition is quite broad and fails to distinguish administrative law from constitutional law, and it overlooks the specifics of how powers and duties are exercised.

Administrative law has evolved in response to the expanding roles of governments. Modern states go beyond mere policing and national defense; they have embraced a broader role as welfare states, striving to enhance the social and economic well-being of their citizens. In pursuit of these objectives, governments take on a wide range of intricate tasks, addressing issues such as development, healthcare, education, environmental concerns, inequality, and more. The complexity of these challenges necessitates the growth of administrative structures.

Moreover, governments have assumed functions that were once the domain of private enterprise. This shift in roles and responsibilities has given rise to the development and expansion of administrative law as a legal discipline.

Administrative law is a crucial topic for the Bihar Judiciary exam. Below, we've provided comprehensive notes on administrative law, covering important concepts, principles, and relevant cases:

Overview of Administrative Law for Bihar Judiciary for Prelims

Administrative law is a branch of public law that governs the organization, powers, functions, and responsibilities of administrative authorities and their relationship with individuals and institutions.

Key Concepts

  • Administrative Authorities: These are government agencies, bodies, or officials responsible for implementing and enforcing laws and policies.
  • Delegated Authority: Administrative authorities exercise powers delegated to them by legislation or the constitution.
  • Judicial Review: Courts have the authority to review the actions, decisions, and procedures of administrative authorities to ensure they comply with the law and principles of justice.

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Important Definitions

Administrative law is a complex and multifaceted field of law that deals with the legal principles and procedures governing government agencies and their interactions with individuals and organizations. Here are some definitions of administrative law:

  1. Black's Law Dictionary (11th Edition): Administrative Law is defined as "The body of law that governs the activities of administrative agencies of government. It includes the procedures, rules, and regulations established by these agencies, as well as judicial decisions interpreting and enforcing those rules."

  2. Ivor Jennings: Ivor Jennings defined administrative law as "the law relating to administration. It determines the organization, powers, and duties of administrative authorities."

  3. William H. Taft: William H. Taft, the 27th President of the United States and Chief Justice of the Supreme Court, described administrative law as "the most important single element in the whole field of legal study and practice, whether civil or criminal."

  4. Kenneth Culp Davis: Kenneth Culp Davis, a prominent legal scholar, defined administrative law as "the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action."

  5. Ernest Gellhorn and Ronald M. Levin: Gellhorn and Levin defined administrative law as "the body of general principles that give shape and coherence to administrative decisions."

  6. K.C. Wheare: K.C. Wheare defined administrative law as "the law relating to the administration."

  7. H.W.R. Wade: H.W.R. Wade, another influential administrative law scholar, described it as "that branch of the law which determines the organization, powers, and duties of administrative authorities."

Functions of Administrative Law

  1. Control: It controls and regulates the exercise of administrative power to prevent abuse or arbitrariness.
  2. Protection of Rights: Administrative law protects individual rights and interests from arbitrary or unjust decisions by administrative authorities.
  3. Accountability: It ensures that administrative authorities are accountable for their actions and decisions, providing a mechanism for redress.
  4. Procedural Fairness: Administrative law enforces the principles of natural justice, including the right to a fair hearing and unbiased decision-making.

Principles of Administrative Law

  1. Natural Justice: Administrative authorities must act fairly, providing individuals with a fair hearing, notice of proceedings, and an unbiased decision-maker.
  2. Reasonableness: Administrative decisions must be reasonable, logical, and based on relevant evidence and considerations.
  3. Proportionality: Administrative actions should be proportionate to the objectives they seek to achieve, avoiding excessive or unnecessary measures.
  4. Legitimate Expectation: Individuals have a right to expect that administrative authorities will adhere to their promises, representations, or established practices.

Administrative Discretion

  • Administrative authorities often exercise discretion in making decisions. Discretion allows them flexibility but must be exercised within the boundaries of the law.

Judicial Review

  • Judicial review is a core feature of administrative law. It allows courts to assess the legality and fairness of administrative actions and decisions.

Administrative Tribunals

  • Many countries establish administrative tribunals to handle disputes involving administrative law. These tribunals specialise in administrative matters and provide an alternative to traditional courts.

Know more: Bihar Civil Judge Paper Analysis for your preparation

Challenges

  1. Complexity: Administrative law can be complex and technical, making it difficult for individuals to navigate the legal process.
  2. Backlogs: Courts and administrative tribunals often face backlogs, leading to delays in resolving disputes.
  3. Resource Constraints: Administrative authorities may lack resources and expertise, affecting their ability to make informed decisions.

Delegated Legislation

Delegated legislation, also known as secondary or subordinate legislation, refers to laws made by authorities or bodies other than the legislature (i.e., Parliament or State Legislatures) but with the authority granted by the legislature. It plays a crucial role in modern governance, allowing for flexibility and adaptation of laws to changing circumstances. 

  • Delegated legislation is a mechanism by which legislative bodies delegate their law-making powers to subordinate authorities.
  • It helps in filling in the details of broader laws passed by the legislature.

Reasons for Delegated Legislation

  1. Complexity of Modern Life: Laws today often deal with intricate details that are impractical for Parliament or State Legislatures to address.
  2. Flexibility: Delegated legislation allows for quicker adaptation to changing circumstances without the need for new statutes.
  3. Technicality: Some subjects require specialized knowledge, best left to experts or specialized bodies.
  4. Efficiency: Delegated legislation enables faster decision-making and rule-making.

Forms of Delegated Legislation

  1. Rules: Regulations or by-laws created by authorities with rule-making powers.
  2. Orders: Orders made by administrative authorities.
  3. Notifications: Official announcements or proclamations.
  4. Schemes: Detailed plans for implementing government policies.
  5. Directions: Instructions given by a superior authority.
  6. Circulars: Internal instructions within government departments.

Read more: Everything About Bihar Judiciary Exam.

Control Over Delegated Legislation

  1. Substantive Control: Ensures that the delegated authority does not exceed its powers and acts within the scope of the parent statute.
  2. Procedural Control: Focuses on the process followed by the delegated authority, such as proper consultation and publication.

Essential Elements of Valid Delegated Legislation

  1. Enabling Act: There must be an existing statute that confers the power to make rules or regulations.
  2. Subject-Matter: The delegated legislation must relate to the subject-matter of the enabling act.
  3. Procedural Requirements: The procedural requirements specified in the enabling act must be followed.
  4. Reasonableness: Delegated legislation must be reasonable and not arbitrary.

Delegated Legislation in India

  1. Rule-Making Authority: Various laws in India empower central and state governments to make rules and regulations. For example, the Central Government is empowered to make rules under the Companies Act, 2013.
  2. Statutory Instruments: Delegated legislation is often referred to as "statutory instruments" in India.
  3. Judicial Control: Indian courts have the power of judicial review to ensure that delegated legislation does not violate constitutional provisions or exceed the powers granted by the enabling act.

Advantages of Delegated Legislation

  1. Efficiency: Allows for prompt responses to changing conditions.
  2. Expertise: Allows specialized bodies to create rules in their areas of expertise.
  3. Flexibility: Permits fine-tuning of laws without the need for new legislation.

Criticisms of Delegated Legislation

  1. Undemocratic: Delegated legislation bypasses the legislature, leading to concerns about the democratic process.
  2. Abuse of Power: There is a risk of misuse or abuse of delegated powers.
  3. Lack of Public Scrutiny: Delegated legislation may not undergo the same level of public and parliamentary scrutiny as primary legislation.

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Control of Delegated Legislation

Control of delegated legislation is a critical aspect of administrative law that ensures the exercise of delegated powers remains within the boundaries set by the legislature. This control is necessary to prevent abuses of power and to maintain the rule of law.

  • Delegated legislation is the process by which legislative powers are delegated to subordinate authorities.
  • Control mechanisms are essential to ensure that these authorities do not misuse their powers or act beyond the scope of the enabling statute.

Types of Control

  1. Parliamentary Control: Exercised by the legislature.
  2. Judicial Control: Exercised by the courts.
  3. Administrative Control: Exercised by the executive.

Parliamentary Control

  1. Scrutiny Committees: Parliament may establish committees to scrutinise delegated legislation. In India, the Committee on Subordinate Legislation examines such regulations.
  2. Resolution of Disapproval: Parliament can pass a resolution to disapprove of delegated legislation. This has a strong moral force but is not binding.
  3. Sunset Clauses: Some statutes include sunset clauses, which automatically repeal delegated legislation after a specified period unless reenacted by Parliament.

Judicial Control

  1. Ultra Vires Doctrine: Courts can review delegated legislation to ensure it does not exceed the powers granted by the enabling act. Any act that goes beyond the scope is considered "ultra vires" or beyond authority.
  2. Procedural Impropriety: Courts may scrutinise the procedural aspects of making delegated legislation to ensure that the prescribed process has been followed.
  3. Unreasonableness: Courts can review delegated legislation for unreasonableness or irrationality.
  4. Unconstitutionality: Delegated legislation can be challenged on the grounds of violating constitutional provisions.

Administrative Control

  1. Supervision and Guidance: Administrative authorities can supervise and provide guidance to the bodies creating delegated legislation to ensure consistency with policy objectives.
  2. Withdrawal of Delegated Powers: Administrative authorities can withdraw or amend delegated powers if they are misused or no longer needed.

Principles of Control

  1. Legality: Delegated legislation must be within the powers granted by the enabling act.
  2. Procedural Fairness: The procedure for making delegated legislation must be fair and transparent.
  3. Reasonableness: Delegated legislation must be reasonable and not arbitrary.
  4. Consistency: It must be consistent with the parent statute and other laws.

Judicial Precedents

  1. A.K. Roy v. Union of India (1982): Emphasized the need for delegated legislation to be consistent with the parent act and the Constitution.
  2. State of U.P. v. Renusagar Power Co. (1988): Highlighted the role of courts in reviewing the reasonableness of delegated legislation.

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Ombudsman in India (Lok pal and Lokayukta) for Administrative Law for Bihar Judiciary

  • The concept of the Ombudsman, originally from Sweden, was introduced in India to address issues of corruption, maladministration, and public grievances.
  • The Ombudsman institutions in India are known as the Lokpal at the central level and Lokayukta at the state level.

Lokpal (Central Ombudsman)

  1. Establishment: The Lokpal is the apex anti-corruption authority at the central level.
  2. Lokpal and Lokayuktas Act, 2013: It was established by the Lokpal and Lokayuktas Act, 2013, which came into force in January 2014.
  3. Jurisdiction: The Lokpal has jurisdiction over central government employees, including civil servants, politicians, and public servants at the central level.
  4. Composition: The Lokpal is a multi-member body consisting of a Chairperson and up to eight members.
  5. Appointment: The members of the Lokpal are appointed by the President of India on the advice of a selection committee, which includes the Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition in the Lok Sabha, Chief Justice of India, and an eminent jurist.
  6. Functions and Powers
  • Investigation: The Lokpal can investigate complaints of corruption and maladministration against public officials, including the Prime Minister and Members of Parliament (with certain safeguards).
  • Prosecution: The Lokpal can initiate prosecution in special courts, known as Lokpal Special Courts.
  • Preventive Measures: It can recommend measures to prevent corruption in public offices.
  • Inquiry: The Lokpal can conduct inquiries and investigations, including search and seizure.

Lokayukta (State Ombudsman)

  1. Establishment: Each state in India can establish its own Lokayukta institution to address corruption, bribery, and maladministration at the state level.
  2. Jurisdiction: Lokayuktas have jurisdiction over state government employees, including state civil servants, politicians, and public servants at the state level.
  3. Composition: The composition and appointment process of Lokayuktas may vary from state to state, as it is governed by state legislation.
  4. Functions and Powers
  • Complaints Handling: Lokayuktas handle complaints related to corruption, bribery, and maladministration at the state level.
  • Investigation: They can investigate public officials, including the Chief Minister and Ministers.
  • Recommendations: Lokayuktas can recommend action against officials found guilty of corruption.

Significance

  • The Lokpal and Lokayukta institutions play a crucial role in combating corruption, ensuring accountability in public administration, and promoting transparency.
  • They provide an avenue for citizens to seek redressal against public officials and government functionaries.

Challenges and Criticisms

  1. Delayed Appointments: Delayed appointments of Lokpal and Lokayukta officials have been a significant challenge, affecting their effectiveness.
  2. Limited Prosecution Powers: Concerns have been raised about the limited prosecution powers, especially concerning politicians.
  3. Need for Adequate Resources: Ensuring adequate resources, independence, and autonomy for these institutions is essential for their effectiveness.

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Fair Hearing; Rules of Natural Justice; Rules Against Bias; Audi Alteram Partem 

  • In administrative and legal proceedings, it is essential to uphold principles of fairness and justice.
  • The principles of natural justice, including "Audi Alteram Partem," are fundamental in ensuring that individuals are given a fair hearing and that decisions are made without bias.

Audi Alteram Partem (Hear the Other Side)

  • "Audi Alteram Partem" is a Latin phrase that translates to "hear the other side."
  • It embodies the principle that no one should be condemned, punished, or adversely affected without a fair opportunity to present their case.

Principles of Natural Justice

  1. Rule Against Bias: No decision-maker should be biased or have any interest in the outcome of the matter.
  2. Audi Alteram Partem: The right to be heard, including the right to know the case against you, the right to respond, and the right to a fair hearing.
  3. Reasoned Decision: The decision-maker must provide reasons for their decision, allowing for scrutiny and appeal.

Rules Against Bias

  1. Actual Bias: If there is actual bias or a reasonable perception of bias on the part of the decision-maker, the decision can be invalidated.
  2. Pecuniary Bias: Any financial or personal interest that may influence the decision-maker's judgment is considered bias.
  3. Imputed Bias: Bias can also be imputed if the decision-maker has a relationship or association with one of the parties that raises reasonable doubts about impartiality.

Application of Audi Alteram Partem

  • The principle of "Audi Alteram Partem" applies in various contexts, including administrative proceedings, disciplinary actions, and court proceedings.
  • It ensures that individuals have the right to be informed of the allegations against them, to respond to those allegations, and to be heard before a decision is made.

Exceptions to Natural Justice

  1. Emergency: In certain urgent situations, where delay could cause harm, the principles of natural justice may be relaxed.
  2. Statutory Exclusion: If a statute explicitly excludes the application of natural justice principles, they may not apply.
  3. Alternative Remedies: If alternative remedies or appeal mechanisms are available, the principles of natural justice may be satisfied through those processes.

Importance

  • Upholding natural justice principles is crucial in maintaining the integrity of administrative and legal proceedings.
  • It ensures that decisions are made fairly, transparently, and without bias.

Cases

  • In the case of Maneka Gandhi v. Union of India (1978), the Supreme Court of India expanded the scope of natural justice, emphasizing the importance of a fair hearing. 

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Tribunals and Quasi-Judicial Authorities; Judicial Control over them for Administrative Law for Bihar Judiciary

  • Tribunals and quasi-judicial authorities are specialized bodies that adjudicate disputes and make decisions in specific areas of law.
  • They are distinct from regular courts and are established to provide expertise in particular subject matters.

Characteristics of Tribunals and Quasi-Judicial Authorities

  1. Specialization: They specialize in specific areas of law, such as tax, environmental, or labor law.
  2. Procedure: They often have their own procedural rules, which may be more flexible than regular court procedures.
  3. Expertise: They usually consist of members with expertise in the relevant field.
  4. Adjudication: They have the power to adjudicate disputes and make binding decisions.

Examples of Tribunals and Quasi-Judicial Authorities in India

  1. National Green Tribunal (NGT): Deals with environmental matters.
  2. Income Tax Appellate Tribunal (ITAT): Handles income tax appeals.
  3. Central Administrative Tribunal (CAT): Adjudicates disputes related to recruitment, service, and employment conditions of civil servants.
  4. Securities Appellate Tribunal (SAT): Hears appeals against decisions of SEBI in the securities market.

Judicial Control Over Tribunals and Quasi-Judicial Authorities

  1. Judicial Review: Decisions of tribunals and quasi-judicial bodies are subject to judicial review by regular courts.
  2. Ultra Vires Doctrine: Courts can intervene if a tribunal exceeds its jurisdiction or acts beyond the scope of its enabling statute.
  3. Procedural Fairness: Courts can review the procedures followed by tribunals to ensure fairness and adherence to principles of natural justice.
  4. Errors of Law: Courts can review tribunal decisions for errors of law, ensuring that the law has been correctly interpreted and applied.
  5. Jurisdictional Errors: Courts can intervene if there are jurisdictional errors, such as a lack of jurisdiction or an error in determining facts.

Principles of Judicial Control

  1. Reasons: Tribunals must provide reasons for their decisions to allow for judicial review.
  2. No Delegation: Tribunals must not delegate their decision-making powers to others.
  3. Adherence to Statute: Tribunals must act within the boundaries set by their enabling statutes.
  4. Fair Hearing: Tribunals must follow principles of natural justice, including the right to a fair hearing and audi alteram partem (the right to be heard).
  5. Proportionality: Decisions of tribunals must be proportionate and not excessive.

Cases:

  • In the case of Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India (2012), the Supreme Court emphasized the importance of judicial control over tribunals and the need for transparency and accountability in their functioning.

Principle of Natural Justice for Administrative Law for Bihar Judiciary

  • Natural justice is a fundamental legal principle that ensures fairness and equity in administrative and judicial proceedings.
  • It safeguards the rights of individuals by imposing procedural and substantive constraints on decision-makers.

Key Principles

Audi Alteram Partem (Hear the Other Side)

  • This principle emphasizes that no person should be condemned or adversely affected by a decision without being given a fair opportunity to present their case.
  • It includes the right to be heard, the right to know the case against you, and the right to respond.

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Nemo Judex in Causa Sua (No One Shall Be a Judge in Their Own Cause)

  • This principle prohibits decision-makers from participating in cases where they have a personal interest or bias.
  • It ensures impartiality and prevents conflicts of interest.

Application of Natural Justice:

  1. Administrative Proceedings: Natural justice principles apply to administrative actions, ensuring that government agencies follow fair procedures when making decisions that affect individuals' rights.
  2. Judicial Proceedings: Natural justice is fundamental in judicial proceedings, guaranteeing that courts hear both sides of a dispute and decide cases impartially.
  3. Quasi-Judicial Bodies and Tribunals: Natural justice applies to decisions made by quasi-judicial bodies, ensuring that they provide a fair hearing and avoid bias.

Elements of Natural Justice

  1. Notice: Parties must be informed of the proceedings against them, including the charges or allegations.
  2. Hearing: Parties have the right to present their case orally or in writing, respond to evidence, and cross-examine witnesses.
  3. Impartial Decision-Maker: The decision-maker must be unbiased and free from any conflicts of interest.
  4. Reasons for Decision: The decision-maker must provide reasons for the decision, allowing for review and appeal.

Exceptions to Natural Justice

  1. Emergency Situations: In urgent situations where delay could cause harm, natural justice principles may be relaxed.
  2. Statutory Exclusion: If a statute explicitly excludes the application of natural justice principles, they may not apply.
  3. Alternative Remedies: If alternative remedies or appeal mechanisms are available, natural justice may be satisfied through those processes.

Case:

  • In the case of Maneka Gandhi v. Union of India (1978), the Supreme Court of India expanded the scope of natural justice, emphasizing the importance of a fair hearing.

Legitimate Expectations 

  • The principle of legitimate expectations is a legal doctrine that protects the expectations and rights of individuals when they have a legitimate reason to expect a certain treatment, decision, or process from a public authority.
  • It is an important aspect of administrative law and ensures fairness, transparency, and consistency in government actions.

Key Elements

  1. Legitimacy: The expectation must be legitimate, which means it must be based on a reasonable and justified belief.
  2. Promise or Representation: The expectation is often based on a promise, representation, or past practice of a public authority.
  3. Fairness: The principle ensures that individuals are treated fairly and that public authorities act consistently.

Types of Legitimate Expectations

  1. Procedural Expectations: Individuals may have an expectation of being heard or consulted before a decision is made.
  2. Substantive Expectations: Expectations regarding the actual outcome or substance of a decision.
  3. Expectations Based on Past Practice: If a public authority has consistently acted in a certain way, individuals may expect similar treatment in the future.
  4. Expectations Based on Representations: Individuals may rely on representations or assurances made by public authorities.

Application of Legitimate Expectations

  1. Administrative Decisions: It applies to administrative decisions, ensuring that public authorities honor commitments and expectations.
  2. Contractual Relations: Legitimate expectations can arise in contractual relations with government bodies.
  3. Statutory Interpretation: Courts consider legitimate expectations when interpreting statutes and administrative rules.

Balancing Act: Public authorities must balance legitimate expectations against other public interests, such as public policy, national security, and the public good.

Case:

  1. R. v. North and East Devon Health Authority (2001): In this case, the House of Lords held that a health authority's decision not to provide a specific drug to a patient was unlawful because it violated the patient's legitimate expectation based on a practice followed by the authority.
  2. Sahara India Real Estate Corporation Ltd. v. Securities and Exchange Board of India (2012): In this Indian case, the Supreme Court upheld the principle of legitimate expectations, stating that SEBI could not change its guidelines arbitrarily without providing reasons and an opportunity to be heard.

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Judicial Review:

Judicial review is a fundamental aspect of the legal system in which courts have the authority to review and potentially invalidate government actions, decisions, or laws that are inconsistent with the Constitution or other legal standards.

Key Principles

  1. Supremacy of the Constitution: In countries with written constitutions, the Constitution is supreme, and all laws, actions, and decisions must conform to it.
  2. Separation of Powers: Judicial review is based on the principle of separation of powers, ensuring that the judiciary can check and balance the actions of the executive and legislative branches of government.
  3. Rule of Law: Judicial review upholds the rule of law by holding the government accountable and ensuring that it acts within the legal framework.

Types of Judicial Review

  1. Constitutional Review: Courts examine whether a law or government action complies with the constitution. If it doesn't, it can be declared unconstitutional and void.
  2. Legality Review: Courts assess whether government actions or decisions adhere to existing laws and regulations. If they don't, they can be quashed or invalidated.
  3. Procedural Review: Courts examine whether the proper procedures were followed in making a decision or taking an action. If not, they can declare the decision void.

Grounds for Judicial Review

  1. Illegality: When a government action or decision is illegal, such as exceeding the powers granted by law.
  2. Irrationality: When a government action or decision is so unreasonable that no rational authority would have made it.
  3. Procedural Impropriety: When proper procedures have not been followed, including failing to provide a fair hearing or violating principles of natural justice.

Role of the Courts

  1. Reviewing Legislation: Courts can review laws passed by legislatures and invalidate them if they violate the constitution.
  2. Reviewing Administrative Actions: Courts can review administrative decisions and actions to ensure they comply with the law and adhere to procedural fairness.
  3. Defending Rights: Courts protect individual rights and liberties by striking down government actions that infringe upon them.

Limits to Judicial Review

  1. Political Questions: Courts may refrain from reviewing certain matters considered purely political, such as foreign policy decisions.
  2. Mootness: Courts often do not review cases that have become moot or no longer present a live controversy.
  3. Non-Justiciable Issues: Courts may refuse to review issues deemed non-justiciable, such as issues involving national security.

Importance

Judicial review is essential for upholding the rule of law, ensuring government accountability, and safeguarding individual rights and liberties.

Cases:

  1. Marbury v. Madison (1803): In this landmark U.S. case, the Supreme Court established the principle of judicial review, asserting the power to declare acts of Congress unconstitutional.
  2. Kesavananda Bharati v. State of Kerala (1973): In this Indian case, the Supreme Court held that the basic structure of the Constitution cannot be altered by amendments, establishing the scope of judicial review in India.

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Writ Jurisdiction and Statutory Judicial Remedies, Scope, Extent & Distinction

Introduction

  • Writ jurisdiction and statutory judicial remedies are legal mechanisms that allow individuals to seek redress for violations of their rights or grievances against government actions, decisions, or authorities.
  • These remedies are essential for upholding the rule of law and ensuring government accountability.

Writ Jurisdiction

  1. Writs: Writs are formal written orders issued by a higher court (usually a High Court or the Supreme Court) to lower courts, public authorities, or individuals to perform specific actions or refrain from certain acts.
  2. Nature: Writ jurisdiction is a constitutional remedy primarily used to protect fundamental rights and enforce the rule of law.
  3. Types of Writs: In India, five types of writs are available:
  • Habeas Corpus
  • Mandamus
  • Certiorari
  • Prohibition
  • Quo Warranto 
  1. Scope: Writ jurisdiction is broader and can address a wide range of issues, including violations of fundamental rights, illegal detention, abuse of power, and judicial review of administrative actions.
  2. Purpose: The primary purpose of writs is to ensure that government actions comply with the law, protect individual rights, and provide remedies for violations.

Statutory Judicial Remedies

  1. Statutory Remedies: These remedies are provided by statutes (laws) enacted by legislatures. They may include appeal mechanisms, tribunals, and specialized courts.
  2. Nature: Statutory remedies are based on specific statutes, regulations, or laws that outline the procedures, forums, and authorities for seeking redress.
  3. Types of Statutory Remedies: Statutory remedies can vary widely depending on the specific law involved. Examples include the right to appeal to a higher court, seeking remedies before specialized tribunals, and filing civil suits.
  4. Scope: Statutory remedies are narrower in scope and are designed to address specific issues covered by the relevant statute.
  5. Purpose: The purpose of statutory remedies is to provide a structured and legal means of addressing disputes and grievances in accordance with the applicable law.

Distinction and Comparison

Nature of Remedy

  • Writ jurisdiction is constitutional and is designed to protect fundamental rights and uphold the rule of law.
  • Statutory remedies are based on specific statutes or laws enacted by legislatures. 

Scope

  • Writ jurisdiction has a broader scope and can be used to address a wide range of issues, including constitutional violations.
  • Statutory remedies are more narrowly focused and are specific to the area of law covered by the statute.

Authority:

  • Writs are typically issued by higher courts, such as High Courts or the Supreme Court.
  • Statutory remedies are provided for in the relevant statutes or laws, and the authority to grant relief may vary depending on the statute.

Purpose:

  • The primary purpose of writs is to protect fundamental rights, ensure government accountability, and enforce the rule of law.
  • Statutory remedies aim to provide structured and legal mechanisms for addressing disputes and grievances in accordance with specific laws.

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Public Interest Litigation

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or organisations to initiate legal proceedings in the interest of the public or society at large, even if they are not directly affected by the issue.

Key Characteristics

  1. Broad Scope: PIL covers a wide range of issues, including those related to human rights, environmental protection, corruption, and social justice.
  2. Standing: PIL allows individuals or organizations without a direct or personal interest in the case to file petitions on behalf of the public or affected groups.
  3. Access to Justice: PIL seeks to make justice accessible to marginalized and underprivileged sections of society who may not have the resources to engage in traditional litigation.
  4. Protecting Public Interest: The primary goal of PIL is to protect and advance public interest, often involving issues that have a significant impact on society.

Origins and Development

  • The concept of PIL originated in the United States with cases like Brown v. Board of Education (1954), which addressed racial segregation in schools.
  • In India, PIL evolved as a tool for social justice and accountability in the 1980s.

Mechanisms and Procedural Aspects

  1. Standing: Individuals, public-spirited organizations, and even courts themselves can initiate PIL cases.
  2. Procedure: PIL cases can be initiated by filing writ petitions directly in the Supreme Court or High Courts. Courts may also take suo motu (on their own motion) cognizance of matters in the public interest.
  3. Legal Aid: Courts often provide legal aid and assistance to those who cannot afford legal representation.
  4. No Adverse Costs: Courts may waive or reduce court fees, ensuring that litigants are not deterred by the financial burden.

Impact and Significance

  1. Environmental Protection: PIL has played a significant role in environmental conservation and protection, leading to landmark judgments and guidelines.
  2. Human Rights: It has been instrumental in safeguarding human rights, including issues related to custodial torture, prison reforms, and women's rights.
  3. Accountability: PIL has been used to hold public officials and institutions accountable for their actions or inactions.
  4. Social Justice: It has contributed to the advancement of social justice, addressing issues of discrimination, equality, and affirmative action.

Criticisms and Challenges

  1. Misuse: Concerns have been raised about the misuse of PIL for personal gain, publicity, or settling private scores.
  2. Overburdened Courts: The proliferation of PIL cases has placed a heavy burden on the judiciary, potentially affecting the timely resolution of other cases.
  3. Lack of Codified Rules: The absence of clear and uniform rules for PIL has led to ambiguity and inconsistency in its application.
  4. Conflict with Elected Bodies: PIL sometimes conflicts with the role of elected bodies in policy-making and governance.

Right to information Act, 2005

The Right to Information Act, 2005, is a landmark legislation in India that empowers citizens to access information from public authorities and promote transparency and accountability in government.

Key Provisions

  1. Definition: The Act defines what constitutes a "public authority" and includes government departments, ministries, and bodies substantially financed by the government.
  2. Request for Information: Any citizen can file an application seeking information from a public authority. The application should be in writing or through electronic means.
  3. Timeframe: Public authorities are required to provide information within 30 days of receiving the request. In some cases, this can be extended to 45 days with a valid reason.
  4. Fees: A nominal fee is charged for requesting information, but certain categories of citizens, such as those below the poverty line, are exempted from fees.
  5. Exemptions: The Act provides for certain exemptions where information can be withheld, including matters of national security and personal privacy.
  6. Appeals: If a request is denied or if the applicant is not satisfied with the response, they can file an appeal with higher authorities, known as Information Commissions, at the central and state levels.

Importance and Significance

  1. Transparency: The RTI Act promotes transparency in government functioning by allowing citizens to access information about policies, decisions, and public spending.
  2. Accountability: It holds public authorities accountable for their actions by allowing citizens to question and scrutinize government decisions.
  3. Empowerment: RTI empowers citizens to participate actively in the democratic process by making informed choices and decisions.
  4. Fighting Corruption: It is a crucial tool in the fight against corruption as it enables citizens to expose corrupt practices and demand accountability.

Challenges and Concerns

  1. Delays: Delays in providing information beyond stipulated timeframes can hinder the effectiveness of the Act.
  2. Exemptions: The Act's exemptions are sometimes used to deny access to critical information, leading to concerns about misuse.
  3. Security Concerns: Balancing transparency with national security considerations can be challenging.
  4. Awareness: Limited awareness and literacy about the Act in some areas hinder its widespread use.

Impact

The RTI Act has been instrumental in exposing corruption scandals, improving government services, and enhancing transparency in public administration.

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Promissory Estoppel, Legitimate Expectation & Doctrine of Proportionality

Promissory Estoppel:

Definition: Promissory estoppel is a legal doctrine that prevents a party from going back on a promise made, even if the promise is not supported by a formal contract.

Elements:

  1. There must be a clear and unambiguous promise or representation made by one party to another.
  2. The party receiving the promise must have relied on it to their detriment.
  3. It would be unjust or unfair to allow the promisor to renege on the promise.

Purpose: Promissory estoppel is a tool for enforcing promises when no formal contract exists. It ensures fairness and prevents injustice.

Legitimate Expectation

Definition: Legitimate expectation is a legal principle that protects the expectations of individuals when they have a legitimate reason to expect a certain treatment, decision, or process from a public authority.

Elements:

  1. There must be a promise, representation, or past practice by a public authority.
  2. The expectation must be legitimate, reasonable, and based on a justified belief.
  3. The public authority must act fairly and not frustrate the legitimate expectation.

Purpose: Legitimate expectation ensures that individuals are treated fairly by public authorities and that decisions are not arbitrary.

Doctrine of Proportionality

Definition: The doctrine of proportionality is a legal principle used to assess the balance between the means employed by a public authority and the desired objective or outcome.

Elements:

  1. There must be a legitimate aim or objective pursued by the public authority.
  2. The means used to achieve the objective must be suitable and necessary.
  3. The means must also be proportionate in the sense that they do not exceed what is required to achieve the legitimate aim.

Purpose: The doctrine of proportionality ensures that public authorities do not use excessive or unnecessary means to achieve their objectives, thereby protecting individual rights.

Application

  • Promissory Estoppel: Applied in contract law cases when one party relies on a promise to their detriment, preventing the promisor from going back on their word.
  • Legitimate Expectation: Applied in administrative law cases, ensuring that public authorities act fairly, transparently, and consistently with their promises and past practices.
  • Doctrine of Proportionality: Applied in administrative and constitutional law cases to assess whether government actions or regulations are proportionate to their intended objectives.

Cases:

  1. Central Bank of India v. Ravindra: In this Indian case, the doctrine of promissory estoppel was applied when the bank reneged on a promise to provide a loan.
  2. R v. North and East Devon Health Authority: The legitimate expectation of access to a specific drug was upheld in this UK case, emphasizing fairness and the protection of legitimate expectations.
  3. Maneka Gandhi v. Union of India: The Indian Supreme Court applied the doctrine of proportionality in this case, ensuring that restrictions on a citizen's right to travel abroad were proportionate to the objective of national security.

Doctrine of Necessity

The Doctrine of Necessity is a legal principle that comes into play when a situation arises where there is no clear or applicable legal provision to address it. It allows for the resolution of critical matters in the absence of specific rules or laws.

Key Principles

  1. Safeguarding the System: The doctrine is invoked to ensure that the functioning of essential institutions and the administration of justice are not obstructed due to legal or procedural gaps.
  2. Last Resort: The doctrine should only be employed as a last resort when there are no other alternatives to resolve a critical situation.
  3. Limited Scope: It is typically applied narrowly and does not create a precedent for future cases. It is specific to the unique circumstances in which it is invoked.

Examples of Application

  1. Government Formation: In cases where elections result in a hung parliament or where there is a political deadlock, the head of state or governor may use the Doctrine of Necessity to appoint a caretaker government until a resolution is reached.
  2. Judicial Recusal: When a judge needs to recuse themselves from a case due to a conflict of interest or other reasons, but there are not enough judges available to constitute a bench, the court may apply the doctrine to allow the case to proceed.
  3. Extraordinary Circumstances: In times of national emergency or war, where the ordinary legal framework may not suffice, the Doctrine of Necessity can be used to allow for the adoption of emergency measures.

Limitations and Concerns

  1. Abuse: There is a risk of misuse or abuse of the doctrine for political or personal interests, bypassing established legal procedures.
  2. Temporary Nature: The doctrine is meant to be a temporary measure until a proper legal framework can be established. Prolonged use can undermine the rule of law.
  3. Legal Vacuum: Relying on the doctrine may create a perception of a legal vacuum, which can erode public confidence in the legal system.

Cases:

  1. State of Uttar Pradesh v. Mohammad Naim (1964): In this Indian case, the doctrine was applied when there was no specific provision for the appointment of a Sessions Judge. The court held that necessity compelled them to make the appointment.
  2. Doe d. Kent v. Grote (1817): In this English case, the court applied the doctrine to validate the appointment of an acting Chief Justice when there was no provision for such an appointment.

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Central Vigilance Commission

The Central Vigilance Commission (CVC) is an apex government institution in India responsible for addressing issues related to corruption, misconduct, and unethical behavior in the public sector.

Establishment

The CVC was established by a government resolution on February 11, 1964, and it became a statutory body with the enactment of the Central Vigilance Commission Act, 2003.

Key Functions and Responsibilities

  1. Preventing Corruption: The primary objective of the CVC is to prevent corruption and promote integrity in public administration.
  2. Supervision and Advisory: It exercises superintendence over the vigilance activities of various government departments and offers guidance and advice to them.
  3. Investigation: The CVC can order investigations into allegations of corruption or misconduct against public servants.
  4. Monitoring: It monitors the implementation of recommendations made by it or by the Commission on administrative reforms that relate to vigilance matters.
  5. Whistleblower Protection: The CVC ensures the protection of whistleblowers who report instances of corruption or wrongdoing.

Composition

  • The CVC consists of:
    1. A Central Vigilance Commissioner (CVC), who is the chairperson of the Commission.
    2. Not more than two Vigilance Commissioners (VCs).

Selection Process

  • The CVC and VCs are appointed by the President of India on the recommendation of a committee consisting of:
    1. The Prime Minister (Chairperson of the committee).
    2. The Home Minister.
    3. The Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha).

Independence

  • The CVC and VCs have fixed tenures and can only be removed by the President of India through a process of impeachment, ensuring their independence.

Jurisdiction

  • The CVC primarily deals with matters related to the central government and central public sector enterprises. Each state in India also has a State Vigilance Commission (SVC) to address similar issues at the state level.

Significance

  • The CVC plays a critical role in maintaining transparency, accountability, and integrity in government operations. It acts as a watchdog to prevent corruption and misconduct, thereby upholding the rule of law.

Challenges

  • The effectiveness of the CVC depends on the cooperation and commitment of various government departments, and challenges related to bureaucracy, delays in investigations, and political interference can impact its functioning.

Parliamentary Committees

Parliamentary Committees are an integral part of the parliamentary system, serving as specialized bodies responsible for various functions such as scrutinizing legislation, examining government actions, and making recommendations.

Types of Parliamentary Committees

  1. Standing Committees: These are permanent committees established by the Parliament for a specific purpose. They continue from one session of Parliament to another.
  2. Ad Hoc Committees: These are temporary committees formed for a specific task or investigation, such as a joint parliamentary committee to investigate a particular issue.

Functions and Roles

  1. Legislative Scrutiny: Committees examine proposed bills in detail, suggest amendments, and ensure that the legislation aligns with the Constitution and the public interest.
  2. Examination of Policies and Programs: Committees assess government policies, programs, and budgetary allocations to ensure they are implemented effectively and efficiently.
  3. Oversight of Government: Committees hold the executive branch accountable by reviewing its actions, policies, and decisions, and can summon government officials for questioning.
  4. Inquiries and Investigations: Committees conduct inquiries, investigations, and fact-finding missions on various issues, often in response to public concerns or controversies.
  5. Report Preparation: Committees prepare reports with findings, recommendations, and suggestions, which are then presented to Parliament.

Composition

Parliamentary Committees include members of both Houses of Parliament (Lok Sabha and Rajya Sabha). The composition is usually based on the proportional representation of political parties.

Significance

  1. In-Depth Examination: Committees allow for a more thorough and specialized examination of issues, which may not be possible in the full house of Parliament.
  2. Accountability: They enhance accountability by holding the government responsible for its actions and decisions.
  3. Expertise: Committees often have members with expertise in specific areas, ensuring a more informed and detailed review.
  4. Consensus Building: They provide a platform for consensus building and bipartisan cooperation.

Learn More: Know How to Write Answers in the Judiciary Mains Examination

Examples of Key Committees

  1. Public Accounts Committee (PAC): Examines government expenditures and ensures financial accountability.
  2. Committee on Public Undertakings (CPU): Examines the functioning of public sector enterprises.
  3. Estimates Committee: Evaluates budgetary estimates and allocations.
  4. Committee on Information Technology: Focuses on issues related to the IT sector and its functioning.
  5. Joint Parliamentary Committee (JPC): Investigates specific issues, such as scams or controversies.

Important Questions of Administrative Law for Bihar Judiciary Prelims

Ques: "Administrative law is a study of pathology of power in a developing society. Accountability of the holders of public power for the ruled is the focal point of this formulation." Who among the following jurists has given this definition?

  1. A. V. Dicey
  2. Davis
  3. Sir William Ivor Jennings
  4. Prof. Upendra Baxi

Ques: Natural justice is universal fact of secular life which has given a new life to legislature administration and judicial adjudication and provided way to objective life. These rules are part of social justice." This statement was given by al bats

  1. Justice Prafullachandra Natwarlal Bhagwati
  2. Justice Vaidyanathapuram Rama lyer Krishna lyer
  3. Justice Hans Raj Khanna noitslapel
  4. Justice A.N. Ray

Ques: 'Rule of law' means

  1. rule of nature
  2. rule of man
  3. Rule of procedure
  4. Pervasiveness of the spirit of law and to avoid arbitrariness

Ques: Which of the following is a key principle of administrative law that ensures government actions are just, fair, and reasonable?

  1. Delegation of authority
  2. Due process
  3. Judicial review
  4. Executive privilege

Ques: What is the legal principle that allows courts to overturn an agency's decision if it is not supported by substantial evidence in the record?

  1. Deference
  2. Stare decisis
  3. Substantial evidence rule
  4. Burden of proof

Ques: What is the term for the concept that no one is above the law, including government officials, and that everyone is subject to legal constraints?

  1. Equality before the law
  2. Executive immunity
  3. Judicial activism
  4. Legislative supremacy

Ques: Under the rule of law, what is the role of an independent judiciary?

  1. To draft legislation
  2. To enforce executive orders
  3. To interpret and apply the law impartially
  4. To conduct administrative investigations

Important Questions of Administrative Law for Bihar Judiciary Mains

Ques: On what grounds delegated legislation can be declared substantively ultra vires? Also discuss the permissibility and Impermissibility of the rule making powers of the executive. Cite relevant cases.

Ques: "The most significant and outstanding development of the 20th century is the rapid growth of administrative law. In this century, the philosophy as to the role and function of the State has undergone a radical change." In the light of this statement, discuss in detail the development and evolution of administrative law.

Ques: Differentiate among doctrines of legitimate expectation, proportionality, collateral purpose and mala fide with the help of relevant case laws.

Ques: How the Tribunal is distinct from the Court? Explain the constitution, powers and procedures of administrative tribunals and scope of judicial review.

Ques: "The term Public Interest Litigation was first used by Professor Abram Chayes in 1976, to refer to cases seeking social change through court's directive which articulated public norms of governance and enforced the public norms." In the light of the above statement, discuss –

  1. meaning and scope of Public Interest Litigation;
  2. Public Interest Litigation in India with reference to relevant legal provisions and case laws.

Ques: Discuss the principles of natural justice and their application in administrative proceedings. Provide relevant case law examples.

Ques: What is the doctrine of ultra vires in administrative law? Explain how it is used to challenge administrative actions.

Ques: Describe the rulemaking process in administrative law. What are the procedural requirements for rulemaking, and how can rules be challenged?

Ques: Explain the concept of delegated legislation. Discuss the advantages and disadvantages of delegated legislation in the context of administrative law.

Ques: What is judicial review, and why is it important in administrative law? Describe the grounds on which administrative decisions can be challenged in court.

Ques: Discuss the role of administrative agencies in the implementation and enforcement of regulations. How can agencies ensure transparency and public participation in their actions?

How to prepare for Administrative Law for Bihar Judiciary

Follow these key tips while you prepare for Administrative Law for Bihar Judiciary:

  • Understand the Syllabus: Begin by thoroughly reviewing the syllabus for the Administrative Law portion of the Bihar Judiciary exam mentioned above. This will give you a clear idea of the topics you need to cover.
  • Study Material: Gather relevant study material, download the notes given above. You can also get exclusive access to preparation notes from Judiciary Gold. 
  • Start with Basics: If you are just starting your preparation, start by building a strong foundation in the basic concepts of administrative law. Understand the principles, doctrines, and key terms.
  • Practice Previous Years' Papers: Do not forget to solve previous years' question papers and sample papers to get a sense of the exam pattern and the types of questions asked.
  • Get personalised preparation tips from your mentors: From your mentors you can get personalised tips from your mentors according to your progress in preparation.

Conclusion:

Administrative law is a crucial component of public law that ensures the accountability, fairness, and legality of administrative authorities. It plays a vital role in protecting individual rights and ensuring that government actions are just and reasonable. While studying administrative law for Bihar Judiciary make sure that you make your own notes and practice regularly. Download the notes above in this article and start with your preparation.

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