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.

Transfer of Property Act_Vested Interest and Contingent Interest

Vested Interest and Contingent Interest

1. The Transfer of Property Act, 1882 deals with the following two categories of interests - [a] Vested Interest, and [b] Contingent Interest
2. Section 19 of the Transfer of Property Act, 1882 deals with a Vested Interest.
3. Vested Interest is not depend upon the fulfilment of a condition.
4. It creates present and immediate right through enjoyment.
5. It may be postponed to a future date.
6. A vested interest is not come to an end by the death of the transferee before obtaining possession. It will pass on to his/her heirs.
7. In short, vested interest is transferable and heritable.
8. For Example - ‘M’ gift to ‘P’ on the death of D creates a vested interest in M even during D's lifetime for the condition is bound to happen. But a gift to M on the marriage of D creates only a contingent interest because D may never marry, but that contingent interest becomes vested if and when D gets married.
9. Section 21 of the Transfer of Property Act, 1882 deals with a Contingent Interest.
10. Contingent Interest refers to a future interest which is an uncertain and it largely depends upon the happening of an event.
11. In this type of interest, an interest can only arise on the occurrence of a specified event.
12. In a contingent interest, the person who will enjoy the property or the occurrence of the event may be unknown and uncertain
13. When the interest is contingent, the transfer depends upon a condition precedent.
14. When the condition is fulfilled the transfer takes effect and that the interest becomes vested.