Administrative Law_Judicial Activism

Judicial Activism

1. The term judicial activism has been defined in the Black's Law Dictionary.
2. According to it is a philosophy of judicial decision making wherein judges allow their personal views about public policy, among other factors, to guide their decisions.
3. Judicial Activism means the Supreme Court, High Courts, and other Lower Courts become activists and direct / compel the Authority to act and also direct the Government Authorities about its administration.
4. Justice is delivered to the aggrieved and disadvantaged people by using this mechanism.
5. In Judicial Activism, the Court intervenes in the working of Executive and Legislative.
6. It occurs because of non-cooperation from the other organs of the Government.
7. The role of the Supreme Court as the final interpreter is increasingly reflected in various judgments.
8. The Supreme Court has made creative interpretations which led to the creation of new rights.
9. For Example – Interpretation of Article 21 - The Supreme Court has widely elaborated the said Article and included the right to a healthy and pollution-free environment in the said Article.
10. Public Interest Litigation is a result of judicial activism and it is a mechanism to agitate public issues before the Courts.

Administrative Law_ Rule of Law

Rule of Law

1. The Doctrine of Rule of Law is the basis of the Administrative Law.
2. It is one of the most fundamental aspects of modern Legal Systems.
3. Sir Edward Coke is said to be the Founder of the concept of Rule of Law and the theory of Rule of Law was developed by Prof. A.V.Dicey
4. According to Prof. Dicey, the rule of law signifies three different but interrelated concepts namely -
• The Supremacy of the Law
• Equality before the Law
• The predominance of Legal Spirit
5. The Supremacy of the Law
• According to Dicey, “the Supremacy of the Law” is the first principle of the Rule of Law.
• It means no man is punished except for a breach of law.
6. Equality before the Law
• According to Dicey, “Equality before the Law” is the second principle of the Rule of Law.
• It means no one is above the law. 
• All are equal before the law.
7. The predominance of Legal Spirit
• “Predominance of Legal Spirit” is the third principle of the Rule of Law, as stated by Dicey.
• According to Dicey, the law court should be the guarantor and protectors of the liberty of the citizens.
8. The Doctrine of Rule of Law is accepted in the Constitution of India. It enunciates the triple concepts of justice, liberty, and equality.

Administrative Law_Lokayukta

Lokayukta

1. A Lokayukta is empowered to investigate the complaints relating to the action of the official below the rank of Secretary.
2. Lokayukta is the institution functioning at State Level. 
3. The State of Maharashtra was the first State in India that setup the orgnaization of Lokayukta through the Maharashtra Lokayukta and Upa-Lokayuktas Act in 1971.
4. Lokayukta is defined under Section 2(e) of the above Act, 1971
• A person appointed as the Lokayukta under Section - 3 of the Act
5. Upa - Lokayukta is defined under Section 2(f) of the above Act, 1971
• A person appointed as the Upa Lokayukta under Section - 3 of the Act. 
6. The Governor of the Maharashtra State appoints the Lokayukta after due consultations with Chief Justice of the Bombay High Court and Leader of Opposition in the Maharashtra Legislative Assembly. 
7. The appointment of Upa-Lokayukta is made after consultation with the Lokayukta. 
8. The term of Office of the Lokayukta or the Upa-Lokayukta is of five years.
9. Removal - The removal of Lokayukta or Upa-Lokayukta can be made through the  impeachment process. The action of removal can only be made on the grounds of misbehavior or incapacity and no other grounds. The procedure for removal has been enumerated in the Article 311 of the Constitution of India.
10. Powers - Any citizen of country can make the complaint of corruption directly to the Lokayukta against any Government officer or elected representative. The powers of Lokayukta’s  varies from State to State. In some States of the Country, the Lokayukta inquires into allegations made against public functionaries including Chief Minister, Ministers, and MLAs. While in some states, he has the power to investigate into Civil Servants/Bureaucrats, Judiciary and Police.

Administrative Law_Ombudsman

Ombudsman

1. The term Ombudsman is originated from the Swedish word having meaning “a grievance person”.
2. According to the Oxford Dictionary meaning of word Ombudsman is people’s defender.
3. The Lokpal i.e. the caretaker of people is the anti-corruption Authority or it is an Authority who protects and represents the public interest.
4. The concept of an ombudsman system has been derived from Sweden.
5. The important function of the Lokpal is to investigate the corruption charges at the National Level whereas the Lokayukta performs the same functions at the State Level.

Administrative Law_Administrative Tribunal And Its Characteristics

Administrative Tribunal and its Characteristics

1. The Constitution (42nd Amendment) Act, 1976 made a provision for Article 323A and 323B authorizing the Parliament to constitute Administrative Tribunals for settlement of disputes and adjudicating matters.
2. Every tribunal comes into existence by the Act of Parliament/Legislations and not by the Government. 
3. Under Article 136 of the Constitution of India, the Supreme Court is empowered to grant special leave to appeal from any judgment of tribunal.
4. Under Article 227 of the Constitution of India, the High Court is empowered to exercise the power of superintendence over all tribunals in the State
5. In the case of Bharat Bank Ltd. V/s. Employees [AIR 1950 SC 188], the Supreme Court specifically held that, although these tribunals share many of the trappings (or attributes) of a court of law and although they perform quasi-judicial functions, they are not full-fledged courts.
6. Some Examples of Authorities which are held to be Tribunals in India
• Industrial Tribunal
• Income Tax Tribunal
• Rent Control Authority
• Central Administrative Tribunal (CAT)
7. Some Examples of Authorities which are not held to be Tribunals in India
• Conciliation Officer
• Private Arbitrator
• Zonal Manager
• Customs Officer 
8. Characteristics of Tribunal
1. Every tribunal comes into existence by the Act of Parliament.
2. Every tribunal is independent and is not subject to administrative interference. 
3. Every tribunal discharge the quasi-judicial functions and such functions are different from the administrative or executive functions
4. Every decision given by the Tribunal is judicial decision rather than administrative decision
5. Every tribunal takes only practical and functional approach rather than theoretical and legalistic approach because the tribunal is not required to follow the strict rules of evidence and procedures
6. Every tribunal is conferred with the discretionary powers
7. The Writ of Certiorari and Prohibition are available as a judicial remedy or legal remedy against the Judgement or Decision of the Tribunal.