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Showing posts with the label Administrative Law

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...
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Distinction Between Act of State and Sovereign Authority

"An Act of State in respect of which the jurisdiction of the Courts is barred must be an act which does not purport to be done under colour of a legal title at all, and which could nether assert nor violate any right conferrable by law, but which must rest for its jurisdiction on considerations of external politics and inter-State duties and right. In dealing with its own subjects therefore a Government must defend its action as justified by positive law, and can not rely on a plea of political expediency which would only justify action in relation to foreign matters to which the law of the land does not extend" - Jahangir M. Cursetji v Secretary of State for India 6 Bom LR 131. "An act of State is different fundamentally from an act of a sovereign authority. An act of State operates extra territoriality. Its legal title is not any municipal law but the overriding sovereignty of the State. It does not deal with the subjects of the State but deals with aliens and forei...
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Rule of Law: Meaning and Object

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Rule of Law Meaning: The Rule of Law is one of the pillars of democracy. It means the rule of the Government is according to the procedure established by law, not according to mercy of the executive. Lord Hewart defined it as "supremacy or the preponderance of law as against arbitrariness". According to Professor Dicey the main features of the rule of law are: (a) Absence of arbitrary power on the part of the Government. It means that the state must make a distinction between regular and arbitrary power. (b) It guarantees the equality before the law. Dicey says, "not only that no man is above the law", but is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals". (c) "The Constitution is part of the ordinary law of the land". The rule of law is a basic structure of the Constitution apart from democracy. The rule of law postulates the pervasiveness of the spirit of law throughout ...
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Administrative Law: Definition, Purpose and Sources

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Definition: There is a great divergence of opinion regarding the definition of the concept of the administrative law. This is because of the tremendous increase in the administrative process that it makes impossible to attempt any precise definition of administrative law which can cover the entire range of the administrative process. Hence, one has to expect differences in scope and emphasis in defining the administrative law. This is true not only due to the divergence of the scope of the subject in the continental and Anglo-American legal systems. However, two important facts should be taken into account in an attempt at understanding and defining the administrative law. Firstly, administrative law is primarily concerned with the manner of exercising Governmental power. The decision-making process is more important than the decision itself. Secondly, administrative law can not fully be defined without due regard to the functional approach. This is to mean that the funct...
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Administrative Tribunal: Defination, Characteristics, Criticisms and Categories

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There are a large number of laws, which charge the Executive with adjudicatory functions, and the authorities so charged are, in the strict scene, administrative tribunals. Administrative tribunals are agencies created by specific enactments. Administrative adjudication is a term synonymously used with administrative decision-making. The decision-making or adjudicatory function is exercised in a variety of ways. However, the most popular mode of adjudication is through tribunals. Definition of Tribunal: Tribunal is a quasi-judicial institution that is set up to deal with the problems such as resolving administrative or tax related disputes. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth. Main characteristic of Administrative Tribunals: Administrative Tribunal is a creation of a statute. An Administrative Tribunal ...
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Public Corporation: Meaning, Features and Advantages

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Meaning of Public Corporation: A public corporation is that from of public enterprise which is created as an autonomous unit, by a special Act of the parliament or the state Legislature. Since a public corporation is created by a statute; it is also known as a statutory corporation. The statute defines the objectives, powers and functions of the public corporation. Life Insurance Corporation of India, the Indian Airlines, the Air India International, Oil and Natural Gas Commission etc. are some examples of public corporations, in India. Features of Public Corporation: Following are the salient features of a public corporation: (i) Special Statute: A public corporation is created by a special Act of the parliament or the State Legislature. The Act defines its power, objectives, functions and relations with the ministry and the parliament(or state Legislature). (ii) Separate Legal Entity: A public corporation is a separate legal entity with perpetual succession an...
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Rule of Law and Administrative Law

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Meaning and Origin:-  The rule of law is product of centuries of struggle of the people for the recognition of their inherent rights. In classical Greece Aristotle wrote that "law should be the final sovereign". In 1215, the Magna Carta checked in the corrupt and whimsical rule of king John by declaring that Government should not proceed except in accordance with the law of the land. During the thirteenth century, Thomas Aquinas argued that rule of law represents the natural order of God as ascertained through divine inspiration and human resource. In the seventeenth century, the English jurist Sir Edward Coke asserted that the "king ought to be under no man, but under God and the law." Despite in ancient history,the rule of law is not celebrated in all quarters. The English philosopher Jeremy Bentham described the rule of law " nonsense on stilts." The twentieth century has seen political leaders who have oppressed disfavoured persons or groups, w...
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