Category: Administrative Law

The Legal and Ethical Implications of Administrative Discretion in India
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S.no Contents 1. Administrative Discretion: What It Is and What It Means 2. Motives for the Growth of Discretionary Powers 3. Indian system of administrative discretion 4. Indian Constitution and Administrative Discretion 5. Judicial Control 6. Judicial oversight of the discretionary administrative powers 7. Judiciary’s Function and Administrative Discretion 8. Conclusion and Recommendations Administrative Discretion:Read More

Administrative Tribunals in India
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Introduction Since its inception, India has adopted the doctrine of separation of powers, which essentially divides the government into three branches: the legislature, the executive and the judiciary, which are responsible for making the law, implementing the law, and interpreting the law respectively. However, the establishment of a welfare state has greatly increased the government’sRead More

Social Security for Workmen
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Introduction Social Security is defined as the protection or security that is provided by a community to its members, ensuring that they have proper access to healthcare and a surety of a steady and regular income, especially during unemployment or post-retirement phases. It is classified as a basic human right by the United Nations. ItRead More

Abuse of Administrative Discretion
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Administrative Discretion Discretion has defined as the freedom or authority to make judgments and choose amongst the various available alternatives without reference to any predetermined criterion, no matter how fanciful that choice may be. Administrative discretion means to choose from among alternatives with justification and not according to personal whims.[1] The legislature and the executiveRead More

Doctrine of Necessity
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INTRODUCTION Nemo in propria causa judex, esse debet, which means no one should be made judge in his or her own cause. It is the principle of Natural Justice. This maxim further says that the persons who are provided with the authority of giving decisions must be impartial and should act fairly without bias andRead More

Judicial Review and Its Limitation
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INTRODUCTION We are governed by the constitution, but the constitution is what the judges say it is, and the judiciary is the tool to safeguard our liberty, and our property under the constitution- says Charles Evans Huges. The quote connotes to us the importance of the Judiciary and the judges in upholding constitutional values.  TheRead More

Natural Justice: Principles, Exceptions and Case Laws
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Vishrut Gupta, Lloyd Law College. This article strives to explain the readers about the Principles of Natural Justice, which is nowhere mentioned in the constitution but used widely in the Indian Law. It also covers the concept of Social Justice briefly. Administrative Law and Natural Justice Administrative Law is a type of public law thatRead More

Doctrine of Repugnancy
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This article is written by Indra Priyadarshini, a 3rd Year student of Alliance University, Bangalore. This article gives a brief introduction to the Doctrine of Repugnancy under Article 254 of the Indian Constitution INTRODUCTION Article 245 of the Constitution of India empowers the parliament to make laws for the whole of India, or a partRead More

Priniciples of Natural Justice
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This article is written by Akhilandeswari Bonam, a student of Sri Padmavati Mahila Visvavidyalayam. INTRODUCTION The Principles of Natural Justice are about protecting the people from abuse of power by government officials. It is an important aspect of Administrative Law. Natural justice means making a sensible and reasonable decision on a matter. Natural justice isRead More

Fair Trial: A Global Right
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This article is written by Gaurav Purohit, a student of Amity University Rajasthan Currently Pursuing BBA LLB. INTRODUCTION The Right to a Fair Trial is perceived universally as a basic human right and nations are needed to respect this principle. Various nations have created various methods of doing this, however paying little heed to how aRead More