CLAT PG Administrative Law Syllabus

What is the limitation of judicial review concerning policy decisions?

Courts generally do not interfere with policy decisions or the merits of administrative action unless they are arbitrary, mala fide, illegal, or violate fundamental rights.

What is the doctrine of 'excessive delegation'?

The legislature cannot delegate its essential legislative function (laying down policy and standards); delegation that abdicates this is unconstitutional.

What are the grounds for control of delegated legislation by courts?

Substantive ultra vires (parent Act unconstitutional or rules exceeding power) and procedural ultra vires (failure to follow prescribed procedure like publication or consultation).

What is 'mala fide' as a ground of challenge to administrative action?

Action taken in bad faith, with a dishonest or improper motive, or for a collateral/extraneous purpose, rendering it invalid.

What is an Administrative Tribunal?

A quasi-judicial body, outside the ordinary court hierarchy, established by statute to adjudicate specific categories of disputes (e.g., service, tax, revenue) with expertise and speed.

What are the main functions of administrative tribunals?

To adjudicate disputes between citizens and the State (or between parties), reduce burden on regular courts, and provide cheap, speedy, and expert decisions in specialised areas.

Under which constitutional provisions are tribunals established in India?

Article 323A (administrative tribunals for service matters) and Article 323B (tribunals for other matters like tax, industrial disputes, land reforms).

Which Act established the Central Administrative Tribunal (CAT)?

The Administrative Tribunals Act, 1985 (enacted under Article 323A).

What did L. Chandra Kumar v. Union of India (1997) hold about tribunals?

That the power of judicial review under Articles 32 and 226 is part of the basic structure; tribunal decisions are subject to review by a Division Bench of the High Court, and tribunals cannot be the sole/exclusive fora excluding High Court jurisdiction.

Distinguish a tribunal from a regular court.

A court is part of the traditional judiciary with general jurisdiction and full procedural rules; a tribunal is a statutory body with limited specialised jurisdiction, is not strictly bound by CPC/Evidence Act, and may include expert non-judicial members.

What is the difference between a quasi-judicial and an administrative function?

A quasi-judicial function involves a lis/dispute requiring objective determination and a duty to act judicially; a purely administrative function involves policy or executive action based on subjective satisfaction without that duty.

What are the five prerogative writs available under the Indian Constitution?

Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Under which Articles can writs be issued in India?

Article 32 (Supreme Court — for enforcement of fundamental rights) and Article 226 (High Courts — for fundamental rights and 'any other purpose').

What is the literal meaning of the writ of Habeas Corpus?

'You may have the body' — it is a writ to produce a detained person before the court to examine the legality of the detention.

What is the writ of Mandamus?

'We command' — an order from a court directing a public authority to perform a public or statutory duty that it has failed or refused to perform.

What is the writ of Prohibition?

A writ issued by a superior court to an inferior court or tribunal forbidding it from continuing proceedings in excess of its jurisdiction or in violation of natural justice.

What is the writ of Certiorari?

A writ issued by a superior court to quash an order or decision already passed by an inferior court, tribunal, or quasi-judicial body acting without/in excess of jurisdiction or contrary to law.

What is the writ of Quo Warranto?

'By what authority' — a writ questioning the legal right of a person to hold a public office, and ousting a usurper from it.

What is the key difference between Prohibition and Certiorari?

Prohibition is issued during pending proceedings to prevent an inferior body from acting beyond jurisdiction; Certiorari is issued after the order is passed to quash it. (Prohibition is preventive; Certiorari is curative.)

Against whom can the writ of Mandamus NOT be issued?

Against the President or Governor in their official capacity, a private individual (with no public duty), to enforce a contractual obligation, or to compel an act contrary to law.

What are the grounds for issuing Habeas Corpus?

When a person is detained unlawfully — without legal authority, in violation of procedure established by law, or where the detaining law/order is itself illegal.

What conditions must be satisfied for issuing Mandamus?

The applicant must have a legal right, there must be a corresponding public/statutory duty on the respondent, a demand for performance and its refusal, and no equally effective alternative remedy.

On what grounds can Certiorari and Prohibition be issued?

Lack or excess of jurisdiction, violation of principles of natural justice, error of law apparent on the face of the record, and fraud.

What are the conditions for issuing Quo Warranto?

The office must be public and of a substantive character created by statute/constitution, and the holder must be in actual possession without legal authority/qualification.

Can Habeas Corpus be issued against a private individual?

Yes — unlike most other writs, Habeas Corpus can be issued against both the State and a private person who unlawfully detains another.

What is the difference between Article 32 and Article 226 regarding writ scope?

Article 32 (Supreme Court) is confined to enforcement of fundamental rights and is itself a fundamental right; Article 226 (High Courts) is wider, covering fundamental rights 'and for any other purpose' (legal rights too).

What is the principle of locus standi in writ jurisdiction and how has it been relaxed?

Traditionally only an aggrieved person could approach the court; the rule has been relaxed through Public Interest Litigation (PIL), allowing any public-spirited person to sue for those unable to do so.

What is the doctrine of 'res judicata' in relation to writ petitions?

A matter finally decided on merits in a writ petition generally cannot be re-agitated; however, res judicata does not bar a Habeas Corpus petition on fresh grounds.

What is the principle that exhaustion of alternative remedy applies to writs?

Where an adequate alternative statutory remedy exists, courts ordinarily decline writs (especially Mandamus/Certiorari), except for enforcement of fundamental rights, violation of natural justice, or where the action is wholly without jurisdiction.

What is the principle governing the issuance of writs against errors of law versus errors of fact?

Certiorari lies for an error of law apparent on the face of the record, but courts generally do not interfere with findings of fact unless there is no evidence or the finding is perverse.