B.A.LL.B.

(H) SEMESTER – VI, EXAMINATION, 2020

ADMINISTRATIVE LAW
Name – MOHD ALTMASH
Examination Roll no. –17BLW032
Class Roll no. – 36 (Regular)

1. “The rule of law has given to the countries following the common law system, a
philosophy to court the governmental power and to keep it within bounds; it has
provided a sort of touchstone to judge and test administrative law providing in the
country at a given time”. Analyze the statement with the help of radical interpretation
and judicial precedents.

The Expression “Rule of Law” plays an important role in administrative law. It protects the
people against the arbitrary action of the administrative authorities. The expression ‘rule of law’
has been derived from the French phrase ‘la Principle de legality’. i.e. a government based on
the principles of law.

The concept of the Rule of Law is of old origin. Edward Coke is said to be the originator of this
concept when he said that the King must be under God and Law and thus vindicated the
supremacy of law over the pretensions of the executives. Later, Prof. A.V. Dicey developed this
concept.

Dicey’s Three Elements:

1. Individuals should be governed by law rather than by the arbitrary will of others.
(Supremacy of Law)
2. The law must be binding on the ruled and ruler alike. (Equality before Law)
3. Wherever there is discretion there is room for arbitrariness. Such action can only be
controlled by the judiciary. (Predominance of legal spirit)

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Dicey’s thesis has its own merits and virtues. The doctrine of rule of law proved to be a powerful
instrument in controlling the administrating authorities within their limits. It worked as a kind of
touchstone to judge and test the validity of administrative actions.

Modern Concept and Basic elements:

In modern times the concept is fairly wide. It includes:

 Law is Supreme, above everything, and everyone. Nobody is the above law.
 All things should be done according to law and not according to whim.
 No person should be made to suffer except for a distinct breach of law.
 Absence of arbitrary power being hot and sole of rule of law.
 Equality before law and equal protection of law.
 Observance of the principles of natural justice.
 Discretionary should be exercised within reasonable limits set by law.
 Adequate safeguard against executive abuse of powers.
 Judicial review of administrative action (to curb the sweet will of the officers).
 Independent and impartial Judiciary.
 Due process of Law or fairness.
 Speedy Trial

Traditionally the rule of law denies arbitrary power to the government by requiring that no
person be made to suffer in body or goods unless by the regular legal process but now its
horizons are expanded.

Rule of Law and Indian Constitution:

In India the Constitution is supreme. The preamble and part III of our Constitution set out the
principle of rule of law. It is sometimes said that planning and welfare schemes essentially strike
at rule of law because they affect individual freedoms and liberty in many ways. But the rule of
law plays an effective role by emphasizing fair play and greater accountability of the
administration. It lays greater emphasis upon the principles of natural justice and elimination of
administrative arbitrariness.

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In A. K. Karipak v. Union of India, and A. K. Gopalan v. State of Madras, it was held that rule
of law runs like a golden thread through every provision of the constitution, which requires that
every organ of the state must act within the confines of powers conferred upon it by the
constitution and the law.

In Bachan Singh v. State of Punjab, it was held that the rule of law permeates the entire fabric
of the Indian Constitution and indeed forms one of its basic features.

In Som Raj v. State of Haryana, it was held that If a decision (order of appointment) is taken
without any principle or any rule it is unpredictable and such a decision is the antithesis of a
decision taken in accordance with the rule of law”.

In Supreme Court Advocates on Record Association v Union of India, and S.G. Jai singhani v
Union of India, it was held that the absence of arbitrariness is one of the essentials of rule of
law. In a system governed by rule of law, discretion, when conferred upon executive authorities,
must be continued within clearly defined limits.

In U. P. Rajya Sahkari Bhoomi Vikas Bank v. Workmen, it was held that the rule of law and
judicial review requires greater significance in a welfare state to curb the arbitrary actions of
legislature and executive.

In National Legal service authority v Union of India, it was held that rule of law is not merely
public order but it is a rule social justice based on the public order.

Recent aggressive judicial activism can only be seen as a part of the efforts of the Constitutional
Courts in India to establish a rule-of-law society, which implies that no matter how high a
person, maybe the law is always above him.

For both developed and developing countries, the advantages of the rule of law can only be
realized through changes in procedural, structural, political, and cultural characteristics, rather
than through mere substantive changes in the law. If the government exercised its power
properly, it may lead to the welfare state; but if abused they may lead to administrative
despotism and a totalitarian state.

2. Examine the validity of the following and give cogent reasons for your answers:
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 (a) The State Road Transport Corporation of Uttar Pradesh prepared a scheme
whereby only the bus routes between Lucknow and Allahabad were nationalized.
The scheme was drawn up on the directions of the Chief Minster Mr. Shyam of
U.P. Anand and Suresh whose buses were running on the said routes alleged
malafides on the part of Chief Minister as they belonged to the party in opposition
to Chief Minister’s party. As a proof of malafide Anand and Suresh recorded
conversation between Mr. Shyam and his friend whereby Mr. Shyam Says: “I will
teach a lesson to Anand and Suresh.” Both Also filed an affidavit affirming the
fact of malafide. Decide the case and also mention what kind of proof is required to
prove malafide. How is malafide different from bias?
(b) A notice of re-entry upon forfeiture of lease of land was served on “Sahil” a
newspaper company, by Land & Development Officer purporting to act on behalf
of Central Government as the lessors of the land on which the building of “Sahil”
was constructed. The ground of forfeiture was stated as ‘unauthorised construction
on the land’. Sahil challenged the action contesting that Sahil has started the
construction only after requisite sanction from the lessor. The action of lessor is
wholly malafide, as Sahil’s paper has been critical of Governmental policies. The
government did not specifically denied the allegation but stated these allegations
are not relevant to the matter in issue. Decide referring judicial decisions.

(A) Where actual purpose is different from that which is authorized by law and the
discretionary power is used ostensibly for the authorized but in reality, for the
unauthorized purpose, the power is said to be misused or malafide. This is also called
abuse of power. Malafide or bad faith means dishonest intention or corrupt motive.

In Breen v Amalgamated Engineering Union, Lord Denning M.R., said "The discretion of a
statutory body is never unfettered. It is a discretion which is to be exercised according to Law
and must be guided by relevant considerations and not by irrelevant. If its decision is influenced
by extraneous considerations which it ought not to have taken into account, then the decision
cannot stand. No matter that the statutory body may have acted in good faith nevertheless, the
decision will be set aside.

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In Ram Manohar Lohia v State of Bihar and Barium Chemicals ltd. v Company Law Board,
The Supreme Court observed that if a person under color of exercising the statutory power, acts
from some improper or ulterior motive, he acts in bad faith. The action of the authority is
capable of being declared as void.

In Pratap Singh v State of Punjab, is an important landmark, where SC held that if the
functionary Chief Minister of Punjab was actuated by malafides in taking any action, it is clear
that such action would be vitiated.

The SC quoted Justice Pollock M. R. (Snort v Poole Corporation); "If an attempt is made to
exercise those powers corruptly as under influence of bribery, or malafide for some improper
purpose, such an attempt must fail and declared as null and void".

Mineral Development Ltd. v. State of Bihar, in this case, the petitioner owned a mica company
and was a lessee for 99 years of 3026 villages of Bihar to exploit mica from them. The Minister
of Revenue acting under Bihar Mica Act canceled his license. The act of cancellation by the
Minister was held to be a quasi-judicial act. Since the personal rivalry between the owner of the
petitioner’s company and the minister concerned was established, the cancellation order became
vitiated in law.

Burden of proof:
The burden of establishing malafides is heavy on the party who alleges it. To prove malafides by
positive or direct evidence is an uphill task. Bad faith can be deduced as a reasonable and
inescapable inference from proved facts.

The Management of Syndicate Bank v The Workman, the court held that if an order of is made
malafide or for some ulterior purpose, like punishing an employee for his trade union activities,
the Industrial Tribunal should interfere and set-aside such an order of transfer because the
malafide exercise of power is not considered to the legal exercise of power.

From the above discussion and case laws, it is clear that CM introduced the scheme to take
revenge from Anand and Suresh and they have to submit direct proof of malafide. A remark
made by CM can be used as proof because they belong to the opposition party.

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Bias and Mala fide:

In the case of mala fide, Courts insist on direct proof of mala fide while as in case of bias, proof
of actual bias is not necessary. What is necessary is that there was a “real likelihood” of bias
and the test is that of a reasonable man.

Bias is the result of an attitude of mind leading to a predisposition towards an issue. Bias may
arise unconsciously but mala fide arises consciously.

It is not necessary to prove the existence of bias what is necessary is to apply the test what will
reasonable person think about the matter? While in the case of malafide, it is necessary to
prove the existence of malafide in facts.

(B) The above fact which is given in the question is of the case Express Newspaper Pvt ltd
vs union of India, where the petitioner challenged the validity of the notices of govt.
contending that they are wholly mala fide, politically motivated, constitute an act of
personal vendetta against the express group of newspaper, and violate Article 14, 19(1)(a)
and 19(1)(g) of the constitution.

The material available on the case was sufficient to prove that the impugned notices of re-entry
upon forfeiture of lease and the threatened demolition of the building are intended to silence the
voice of the Indian express against the government, its policies and working. These notices thus
suffer from mala fide, arbitrariness, and non-application of mind as they are directly and
immediately violation of Article 19(1)(a) that is freedom of press and Article 14 of the
constitution.

The Supreme Court held that where malafides are alleged, it is necessary that the person against
whom such allegations are made, should come forward with an answer refuting or denying such
allegations. For otherwise such allegations would remain unrebutted and the court would in such
a case be constrained to accept the allegations or remaining unrebutted and unanswered on the
test of probability.

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As it is given that the government did not specifically deny the allegation but stated these
allegations are not relevant to the matter in issue, it gives the reason to accept the contention of
Sahil that the action of the government was malafide.

Cases:

 Partap Singh v State of Punjab

 R. N. Dhar v Union of India,
 Shesh Rao Naga Rao Umap v State of Maharastra and others
 State of Uttar Pradesh v Chandra Mohan and others
 State of Punjab v Gurdlal

In all the abovementioned cases Supreme Court held that If a person or an authority against
whom allegations of bias and inimical attitude are made, does not choose to file a counter affi-
davit, the formal denial by the authority/person is of no consequence. In the absence of denial
of allegations of bias and malafides by the concerned person/authority by filing a separate
affidavit, the allegations of malafides are taken to be proved.

In somati vs State of Punjab, in connection with the acquisition of land under the land
acquisition act,1894, the court laid down the following principles:

 The purpose for which land is taken is for the public purpose or not is for the state
government to be satisfied. If there is colorable exercise of the power the declaration
would be open to challenge at the instance of the aggrieved party.
 If it appears that what the government is satisfied with is not public but private purpose or
no purpose at all and the action of the government would be a nullity.

3. A State Legislation empowers the local bodies to levy a theatre tax “for the purpose
of the Act” which imposes various duties of compulsory and optional nature. A local
body levies a tax on cinema houses by classifying them into various categories based

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 on their “seating capacity and physical amenities”. The levying of tax was challenged
on two grounds:
(i) Excessive delegation of power by the legislature, and
(ii) Rate of tax is arbitrary and violates Article 14 of the Constitution.

Discuss the constitutionality of delegated legislation and Decide whether power to levy
taxed for the “for the purpose of the Act” is valid delegation of power.

One of the most significant developments of the present century is the growth in the legislative
powers of the executives. Delegated legislation in India is generally expressed as statutory rules
and orders but expressions like regulations, notifications, bye-laws, etc. are also employed in the
same context.

There is no such general power granted to the executive to make law but it only supplements the
law under the authority of the legislature. This type of activity the power to supplement
legislation has been described as delegated or subordinate legislation.

Causes of the growth of delegated legislation:

 Pressure upon parliamentary time

 Technicality of subject matter
 Confidential matters
 To meet unforeseen contingencies
 Flexibility
 Expanding horizons of state activity, the bulk of the legislation
 Complexity of modern administration

Constitutionality:

Delegated legislation is not allowed in the USA because of “Separation of

Power” and “Delegatus non potest delegare”. But, Parliament in England has wide powers of
delegating its legislative power to the Executive or other subordinate bodies. Under the
constitution of India Article 245 and 246 provide that legislative power should be discharged by
the parliament and the state legislature. There is nothing in the constitution that legislation can-
not delegate its legislative power to anybody else.
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In Queen v. Burah, The Privy Council held that Councils of Governor-General was supreme
Legislature and has the ample number of powers and who are entitled to transfer certain powers
to provincial executors.

In Delhi Laws Act etc., 1912, Re, the validity of the delegatory provisions contained in three
Central Acts, namely, Section 7 of the Delhi Laws Act, 1912, Section 2 of the Ajmer Marwar
Laws Act, 1947 and Section 2 of the Part C States (Laws), Act, 1950, was challenged.

It was observed that the complexity of modern administration and the expansion of the
function of the state to the economic and social sphere has rendered it necessary to resort to
new forms of legislation and give wide power to various authorities. Delegated legislation now
has become the necessity to both inevitable and indispensable.

Cases Devi Das Gopal Krishan v. State of Punjab, Kala wati v. C.I.T and Tata Iron & Steel
Co. v. Workmen, provided another justification for delegated legislation that the Constitution
confers power and imposes a duty on the legislature to make laws, but in view of the
multifarious activities of a welfare State, it cannot presumably work out all the details to suit the
varying aspects of a complex situation.

Hamdard Dawakhana v. Union of India provides two tests for challenging any statute on the
ground of excessive delegation:

(i) whether it delegates essential legislative function or power, and

(ii) whether the legislature has enunciated its policy and principle for the guidance of the
delegate.

In Rajnarain Singh v. Chairman, P.A.C, The Court held that while power can be delegated to
extend the whole or any part of the Act, and also to pick out a section and apply the same to the
new area, the legislature cannot permit an executive authority to modify either existing or
future laws in any essential features.

In Gwalior Rayon Mills v. C.S.T., it was reiterated the legislature must be free to delegate its
powers to any extent so long as it has the power to repeal the delegation.

In Municipal Corporate of Delhi v. Birla Spinning and Weaving Mills Ltd., Wanchoo, CJ
opinioned that when the constitutionality of a delegation is considered, it has to be seen in light

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of the ‘guideline theory’, which posits that a delegation is permissible, if it is made with
sufficient guidelines and policy for the exercise of the power conferred.

Delegate Legislation in Taxation:

The power to fix the rate of a tax is indeed a legislative power but if the legislature lays down the
legislative policy and provides the necessary guidelines, that power can be delegated to the
executive. It can be used to achieve the economic and social goals of the state. For that reason,
the power to tax must be flexible.

Article 265 states that “no tax shall be levied or collected except by the authority of law”. It
provides a constitutional mandate to the legislature for the imposition of taxes. Therefore, in
effect, what happens is that the legislature enacts the law or a statute to levy a tax, and leave
some elements of taxing power to the executive.

No tax, fee, or other pecuniary imposition can be levied by subordinate legislation unless it is
backed by a statute that specifically authorizes the imposition of tax.

The Supreme Court held in Rajnarain v. Chairman, Patna Administration that the power to
tax is essentially a legislative function.

Devi Das v. State of Punjab The Court held that it was permissible to confer a ‘reasonable area
of discretion on the Government by a fiscal statute but to fix an arbitrary rate is not
sustainable’. The minimum we expect of the legislature is to lay down in the Act conferring
such power of fixation of rates clear legislative policy or guidelines in that regard.

But in subsequent cases, V Nagappa v. I.O. Mines Cess Commr., D. Ramaraju v. State of A.P.,
Gwalior Rayon Mills v. C.S.T., S.B. Dayal v. State of UP , and Corp. of Calcutta v. Liberty
Cinema , the Supreme Court held that 19th Century doctrines of delegation of power were out of
date and there is a need for extensive delegation of legislative power under a cabinet form of
government to fix the rate of sales tax, provided a reasonable upper limit is fixed.

In subsequent cases, Ajay Kumar v. Union of India, D.C.G.M. CO. Ltd v. Union of India, and
Lohia Machines Ltd. v. Union ofIndia, it appeared that so long as the Court can find some

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limits in the delegating statute to determine the vires of the delegated legislation made under it, it
would uphold the statute. But if no such limits can be found or ascertained the delegating statute
would fall.

4. “Ranbir” is an Engineer and also currently pursuing LL.B., evening Course from XYZ
University was dismissed from services on the charge of misconduct, after holding an
enquiry. The presenting Officer of the company was legally qualified person. “Ranbir”
was denied legal representation by the enquiry officer on the ground that he is
qualified and can defend himself. Is this decision of the enquiry officer valid? Discuss
referring to judicial decisions.

The right to counsel and the Right to a fair trial has a close relationship with the welfare state,
and the provision of legal aid and representation by a state is influenced by attitudes towards
welfare. Jurists such as Mauro Cappelletti argue that legal representation and fair play are
essential in providing individuals with access to justice.

Article 21:

The SC in various judgments held that the phrase “procedure established by law” used in this
article reflects Legal assistance from a lawyer. The court holds that if a person does not have
legal aid or legal representation, her or his deprivation of liability is unconstitutional and void.

The right to representation by a lawyer or other person may prove to be part of Principles of
Natural Justice in any proceedings before formal authority or investigation if there is no
provision to the contrary. Generally, the right to legal representation is not considered a
mandatory party of the Right to Fair Hearing. The right to representation is as regarded more of
an exception than the general rule. 

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Natural Justice:

The concept of natural justice is the backbone of law and justice. It is rooted in the natural sense
of what is right and wrong. In the quest for justice, the principles of natural justice have been
utilized since the dawn of civilization. Initially, natural justice was conceived as a concomitant of
universal natural law.

Judges have used natural justice as to imply the existence of moral principles of self-evident and
unarguable truth. Thus, the widespread recognition, in many civilizations and over centuries the
principle of natural justice belongs rather to the common consciousness of mankind than to
juridical science.

Objective:

The object of Natural Justice is to secure Justice by ensuring procedural fairness. To put it
negatively, it is to prevent the miscarriage of Justice. The term “Natural Justice” may be
equated with “fair play in action”. It is concerned with the procedure and it seeks to ensure that
the procedure is just, fair and reasonable. It may be regarded as the counterpart of the American
“Due Process”. The principles of natural justice are implicit in Article 14 and 21.

It mandates the Adjudicator or the administrator, as the case may be, to observe procedural
fairness and propriety in holding/conducting trial, inquiry or investigation or other types of
proceedings or process.

Principles:

 Rule against bias (Nemo debet esse judex in propria sua causa): It says no man can be a
judge in his own cause. The rule disqualifies a person from deciding a dispute in which
he has- pecuniary bias; personal bias; or bias relating to the subject matter. It Includes
pre-conceived notion or prejudice.

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  Audi alteram partem (no man shall be condemned unheard) – It means to hear the other
side or Rule of fair hearing.
Ingredients:
 notice,
 right to disclosure of evidence,
 right to legal representation,
 right to produce evidence,
 reasonable opportunity to rebut and cross-examine,
 one who decides must hear & reasoned decision,
 Post decisional hearing

In cases Ridge v Baldwin, Wisemen v Borne man, Mohinder Singh Gill v Chief Election
Commissioner, R. v Secretary of State for the Home Department, exp. Hose ball, and
Tameshwar v The Queen, English and Indian courts have frequently resorted to such
alternatives to natural justice as “fair play in action”, “Common fairness”, and “the
fundamental principles natural justice is a fair trial”.

In cases A.K Kraipak vs. Union of India & Maneka Gandhi vs. Union of India, It is now firmly
established that in the absence of express provisions in any statute dispensing with the
observance of the principles of natural justice, such principles will have to be observed in all
judicial, quasi-judicial and administrative proceedings which involve civil consequences to the
parties.

It has been reiterated over and over again that a quasi-judicial body must follow principles of
natural justice. But this gives rise to another intricate question: what is quasi-judicial? Answer
to this question is not easy as no “quasi-judicial” from “administrative”. A general test
sometimes adopted for the purpose is that “any person or body having legal authority to
determine questions affecting the rights of subjects and having the duty to act judicially” acts
in a quasi-judicial manner.

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To justify their existence and carry credibility with the people by inspiring confidence in the
administrative adjudicatory process, the administrative authorities and the tribunals exercising
quasi-judicial functions must follow principles of natural justice.

Principles of natural justice are laid down by the Courts as being the minimum protection of the
rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-
judicial and administrative authority while making an order affecting those rights. These rules
are intended to prevent such authority from doing injustice or miscarriage of justice.

Legal Representation:

An important question is whether the right to be heard includes the right to legal representation?
The question of legal representation is always to be decided in the context of the specific factual
situation in each case. Ordinarily, the representation through a lawyer in the administrative
adjudication is not considered as an indispensable part of the fair hearing unless specific
provision is given in the concerned statute. Where the case involves a question of law or matter
which is complicated and technical or where the person is illiterate or expert evidence is on
record or the prosecution is conducted by legally trained persons or the person removed or
suspended, the denial of legal representation will amount to a violation of natural justice.

Swarna Singh Committee Report:

Though the Committee covered a wide spectrum from the Preamble to Article 368 but for this
question limited my purpose is focused on those recommendations only of the Committee which
relate to administrative justice.

The Committee recommended that Section 6(a) of the Administrative Procedure Act, 1946
provides for legal representation and para 87 of the Frank Committee Report lays down that the
right to legal representation should be curtailed in most 'exceptional circumstances'. Therefore,
it may be curtailed only when it is clear that the interests of the parties would be better served by
restriction and even in such cases legal aid must be provided by the agency itself.

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It is also proposed that in order to avoid arbitrariness, to facilitate review and to develop uniform
principles of administrative law, 'reasons' and adherence of principles of natural justice are
essential. (Kalindi  v.  Tata Locomotive & Engg. Co., and Bhagat Raja v. Union of India)

Consequences:

Generally, all the Courts have held that a decision arrived at without following natural justice is
void. (Suresh vs. State, Jawala Prasad vs. State, and State of U.P vs Mohd Nooh)

As per the situation given above the decision of the enquiry is not valid as he denied legal
representation on the ground that he is qualified and can defend himself which signifies
prejudice on the part of enquiry officer and also, he didn’t play fair because he denied legal
representation and must provide reasonable opportunity. As he was performing a quasi-judicial
function, he has to follow principles of natural justice.

5. Advice the following keep in the mind the right of issuance of Writ through Judicial
Review.
(a) A minister of Aviation announced in the Parliament for starting a flight to Gulf
from different airports in India within 6 months period. However, no flight was
started within the stipulated time. A non-resident Indian wants to file a writ of
Mandamus in the High Court compelling the Minister to start the flight. Advice
and give reasons.

(A): In the present case writ of mandamus cannot be issued in the high court under article 226 of
the Indian constitution against a minister of aviation because merely pronouncement in the
parliament does not mean that it has become law or bill has been passed. So, there was no
establishment of legal right and it is issued only when there is no alternative legal remedy
available to the person.

Meaning, Nature, and Scope:

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Mandamus literally means a command which is been directed to the inferior court or tribunal
from superior court for performing a specific duty fixed by law.

The chief function of this writ is to compel the performance of public duties prescribed by the
statute and to keep subordinate tribunals and officers exercising public function within the limits
of its jurisdiction. It may be used to do justice when there is a wrongful exercise of a power or a
refusal to perform duties.

In Dr umakant saran vs State of Bihar and Jiwat Bai & Sons v. G.C. Batra, Supreme court held
that mandamus may issue to compel the authorities to do something it must be shown that statute
imposed a legal duty and the aggrieved party had a legal right.

Against whom it can be issued/ can’t be issued:

In Ajay hasia vs khalid Mujeeb, it was held that a writ can be issued to enforce a public duty
whether it be imposed on a private individual or a public body.

In State of Assam v. Ajit Kumar, SC held that this writ is available against any public authority
but it cannot be issued against the President and governor of the state for anything done by them
in the exercise of their powers and functions.
In England, mandamus does not lie upon the Crown. In India, it will not lie upon the
President and the Governor of a State in their personal capacities.

Grounds:

 Petitioner must have a legal right

 There has been an infringement of the legal right of the petitioner
 That the infringement of right owing to non-performance of the corresponding duty by
the public authority. (Praga Tools Corporation v. C.V. Imanual and Sohanlal v. Union
of India)
 There is no alternative legal remedy

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In Daya vs joint chief collector, it was observed that the court would refuse a writ where it
would be meaningless owing to lapse or otherwise.

In E.I.Commercial vs Collector, Calcutta high court held that where the application is premature
for instance where no action contrary to the law has yet been done or proposed.

(B). In Hari Vishnu Kamath v Ahmad Ishaque and T.C. Basappa v T. Nagappa & Anr., it was
held Writ of Certiorari would be issued on the ground of excess of jurisdiction or lack of
jurisdiction or error of law by the authority.

In Satyanarayana Laxminarayan Hegde and Ors. Vs. Mallikarjun Bhavanappa Tirumale, it

was held that the alleged error should be self-evident.

Meaning, Nature, and Scope:

Certiorari is a command or order to inferior court or tribunal to transmit the records of cause or
matter pending before them to the superior court to be dealt with there and if the order of the
inferior court is found to be without jurisdiction or against the principle of natural justice it is
quashed.

The jurisdiction to issue a writ of certiorari is a supervisory one and in exercising it the court is
not entitled to act as a court of appeal. It means that findings of fact arrived at by the inferior
court or tribunal are binding.

In Jagdish Parsad vs Angoori devi, SC held that an error of law apparent on the face of the
record could be corrected by a writ of certiorari but not an error of fact, however, grave it may
appear to be.

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Certiorari is a proceeding in personam unlike the writ of habeas corpus the petition of certiorari
should be by the person aggrieved not by any other person.

In Surya devi rai vs Ramchandra rai- The supreme court has held that writ of certiorari will be
issued under article 226 of the Indian constitution for correcting gross errors of jurisdiction that
is when a subordinate court is found to have acted:
 Without jurisdiction by assuming jurisdiction where there exists none
 In excess of jurisdiction by overstepping or crossing the limits of the jurisdiction
 Acting in flagrant disregarded of law or the rules of procedure or acting in violation of
natural justice

Grounds:
 Having legal authority
 To determine questions affecting the rights of subjects
 Having a duty to act judicially
 Where there is want of excess of the jurisdiction (State of U.P. v. Mohd. Nooh
and Ebrahim Aboobakar v. Custodian-General)
 Where there is a violation of procedure or disregard of the principle of natural justice
(A.P.S.R.T. Corpn v. Satya Narayan Transports, and Mineral Development
Ltd. v. State of Bihar)
 Where there is an error of law apparent on the face of the record (Syed Yakoob v. Radha
Krishnan)

In Bharat bank vs Employees of Bharat bank- The object of the writ of certiorari is to keep the
exercise of power by judicial and quasi-judicial tribunal within the limits of the jurisdiction
assigned to them by law and to restrain them from acting in excess of jurisdiction.

CONCLUSION:
The court does not interfere in the case where there is a pure exercise of discretion and which is
not arbitrary if it is done in good faith. They do not ignore the legislative intention in the statute

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which might give a wide aptitude of power to the administrative authority or the social needs
which demands the bestowal of some wider jurisdiction.

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