presentation judicial review in adminlaw

administrative law

1. DEPARTMENT OF LAW
PUBLIC AUTHORITY : LIABILITIES
Public administration
&judiciary

2. Meaning of Public Administration
Administer is a English word, which is originated from the Latin word ‘ad’
and ‘minister’. It means to serve or to manage.
Administration means management of affairs, public or private. Hence, simply
public administration is known as the management of public affairs. It looks
after the affairs of the people and provides services to them.
Public Administration is the implementation of government policy and also an
academic discipline that studies this implementation and prepares civil servants
for working in the public service. As a "field of inquiry with a diverse scope"
whose fundamental goal is to "advance management and policies so that
government can function. Public administration is "centrally concerned with the
organization of government policies and programs as well as the behavior of
officials (usually non-elected) formally
responsible for their conduct".

3. Woodrow Wilson
(1887)
Public Administration is the
detailed a systematic
execution of public law.
Every particular
application of law is public
administration.
John J. Corson and
J.P. Harris
Public administration is
the action part of
government, the means
by which the purposes
and
goals of government are
realized.
L.D. White
Public administration
consists of all those
operations having for
their purpose of
fulfillment
or enforcement of public
policy.
Robert B.
Denhardt (1995)
Public
administration is
concerned with the
management of
public programs.
Waldo
“Public Adminstration is the
art and science of mangement
as
applied to the affairs of the
state.”
DEFINATION OF PUBLIC ADMINISTRATION

4. SCOPE & NATUREOF PUBLIC
ADMINISTRATION
TRADITIONAL VIEW
The traditional writers restricted
the scope of public administration
to the executive branch of
government only.
MODERN VIEW
The modern writers have extended the scope of public
administration to all the three branches
of government.
Like the judiciary has the power to restrain public
administration from the unconstitutional, illegal and
arbitrary acts.
INTEGRAL VIEW
Administration is the sum of total activities- manual,
clerical, technical,
managerial etc, This view believes that public
administration comprises all types of operations undertaken
by all persons ranging from the lowest to the highest in
order to implement public policies. Supporter of this views
are Woodrow Wilson, Marshal Dimock, John Piffnner, L.D.
White etc.
Managerial View
Public administration focus principally on
the planning, organizing, directing,
controlling and
coordination of governmental operations
Luther Gulick, Henry Fayol, Robert
Dhal, Herbert Simon etc support this
view.

5. PREDOMINANCE OF LEGAL
SPIRIT:
According to the third principle
of Dicey, It is generally
presumed that the written
constitution is the source of legal
liberties of citizens. However, it is
not true as Britain has an
“unwritten Constitution.” Legal
spirit is the real source of law in
England. The legal spirit is seen in
its customs, conventions and
judicial decisions
Judicial
control over
administration
ABSENCE OF ARBITRARY POWER:
No man is punishable or can be lawfully
made to suffer in body or in goods except
for a distinct breach of law established in the
ordinary legal manner before the ordinary
courts of the land. Dicey went on and stated
that no one should have too wide and
arbitrary or discretionary powers.
EQUALITY BEFORE LAW:
According to the second principle of
Dicey, equality before law and
equal subjection of all classes to the
ordinary law of land to be
administered by the ordinary
law courts and this principle
emphasizes everyone which included
government as well
irrespective of their position or rank.
But such element is going through
the phase of criticisms
and is misguided. As stated by Dicey,
there must be equality before law or
equal subjection of
all classes to the ordinary law of land.
The control exercised by the Courts
over the administration is called
judicial control, that is, to
the power of the court to keep the
administrative acts within the limits of
law.
It also implies the right of an aggrieved
citizen to challenge the wrongful act of
administration in the court of
law. The primary purpose of judicial
control over administration is the
protection of the rights and liberty of
citizens by ensuring the legality of
administrative acts.
The judiciary has an important role to
play in protecting the citizen against
the arbitrary exercise of power by
administration.

6. Grounds of Judicial Intervention
01
02
03
04
05
A public official exercises his/her authority
vindictively to harm a
person or use authority for personal gain, court's
intervention can be sought
A). ABUSE OF AUTHORITY
The "due procedure" is the basis of governmental
action in a democracy.
Responsible government means a government by
procedure
E).ERROR OF FACT
If any public official of administrative agency acts
without or beyond His/her or its authority or
jurisdiction the courts can declare such acts as
ultra vires.
This category of cases arises when the official
misconstrues the law and
imposes upon the citizen obligations, which are absent
in law.
D). LACK OF JURISDICTION
B). ERROR OF LAW:
This category of cases is a result of error in
discovering cases and actions
taken on basis of wrong assumption.
C). ERROR OF PROCEDURE:

7. MEANS OF JUDICIAL CONTROL OVER
ADMINISTRATION
FORMS OF JUDICIAL
CONTROL
•JUDICIAL REVIEW
•Statutory Appeal
•Suits against the
Government:
•Criminal and Civil
Suits against Public
Officials
EXTRAORDINARY
REMEDIES
Through writs
•Habeas
•Corpus,
•Mandamus.,
•Prohibition,
•Certiorari and Quo Warranto.

8. JUDICIAL
REVIEW
Grounds of judicial
review
The doctrine-ultra-vires is the basic structure of
administrative law. It is considered as the foundation of
judicial review to control actions of the administration.
Ultra-vires refers to the action which is made in an
excessive manner or outside the ambit of the acting
party.
Generally, the grounds for judicial review in are as
follows-
Jurisdictional Error;
Irrationality;
Procedural Impropriety;
Proportionality;
Legitimate Expectation.
• Shankari Prasad vs. Union of India (1951)
Judicial review is the court’s
power to review the actions of
other branches of government,
especially the court’s power to
deem invalid actions exercised
by the legislative and executive
as ‘unconstitutional’.
•Sajjan Singh vs. State of Rajasthan
(1965)
• I. C. Golaknath & Ors vs. State Of
Punjab & Anrs. (1967),

9. CONCLUSION
Judicial control of administrative action is, in a sense, the heart
of administrative law. It is an excellent way of inquiring into the
legal competence of a public authority. Judicial control is
considered to be the basic feature of our Constitution. With the
tremendous increase in powers of the administrative
authorities, judicial control has become an important area of
administrative law. The main purpose of judicial control is to
protect the interest of its citizens from the excessive powers or
illegal actions of the administrative authorities.

10. THANKYOU