admin law Flashcards
Articles ___ of the American Constitution provide for entrusting powers in three organs.
1, 2 and 3
Articles ___ of the American Constitution provide for entrusting powers in three organs.
1, 2 and 3
Kilbourn v. Thompson (1881)
Justice Fran Furter observed that strict separation of powers would make a modern government impossible.
Kilbourn v. Thompson (1881)
Justice Fran Furter observed that strict separation of powers would make a modern government impossible.
The Budget and Accounting Act
When the President prepares the budget, he must consult with the Congress. Therefore, the Executive action must be in consultation with the Legislature. This depicts the control of Congress over the Executive. Furthermore, the validity of the budget is determined by the Congress (as they vote on it).
the Executive exercises control over the Congress.
The President can veto the laws or Bills by the Congress.
the Executive exercises control over the Congress.
The President can veto the laws or Bills by the Congress.
Article 50
Separation of Judiciary from Executive
Article 154 –
Executive Power of the State vested with Governor
Lord Hewart book name
“The New Despotism
standing committee in lok sabha for the dl name and sections?
committee on subordinate legislation - LS art 70, RS Art 60
classification of dl - central act to central executive:
246 of indian constitution
sec 3 of all india services act
sec 3 of defence of india act
classification of dl - central act to state executive
section 8 of opium act
sec 2 of waqf act
classification of dl - central act to both
essential commodities act (section 3(1) and 3(2) + administrative tribunal
classification of dl - central act to statutory bodies
section 49 of advocates act - BCI, RBI, SEBI
classification of dl - state act to state bodies
gujarat argi market commission act
gujarat MCA
classification of dl - state act to state statutury bodies
GNLU ACT
gujarat fin corp act
garner in his book administrative law
skeleton - flesh and bones
henry 8 type legislation
power to remove difficulties - section 30 of RTI Act, section 470 of the companies act, administrative tribunal sec 34
Power to bring an act into force
section 2 central chit funds act
power to extend the life of the act
bihar maintenance of public order act, act to be valid for 2 years, can extend for 6 months - it was done for 18 times.
Power to extend the law to other jurisdictions/territories
APMC law was earlier meant for the saurashtra region, TPA.
Power to include:
persons, group of persons, items, institutions. Minimum wages act
Power to exclude
: payment of bonus act, Pharma industries in Ahmedabad - GOI under S. 30 issued a notification which excludes pharma
industries from applicability of Payment of Bonus Act
Power to adopt: S
section 3 of UT Act, MCOCA
Power to fill in details:
garner, essential commodities act sec 3
Power to prescribe punishment:
not on criminal laws, max min to be provided - all saints high school v. state of AP electricity act, electricity act, damodar valley act.
Power to modify:
incidental not substantial. GNLU ACT NAMES eg. cases: re delhi laws act, raj narain v. patna admin, lakshmi narayan v. UOI
power to remove difficulties
henry 8 type legislation, 470 companies act, sec 30 of RTI act, section 34 of admin tribunals act.
who created the concept of separation of powers. who popularised?
aristotle, popularised by bodin in france, and locke in england
who is the father of DOSP?
aristotle
Montesquieu which book what did he say?
spirit of laws (1748) -
1. same person should not be part of more than one organ
2. same person/organ should not perform the functions of more than one organ
3. one organ should not control another organ
what is spiritual document on the basis of which the USA constitution was formulated?
esperit de lois
usa constitution articles of separation of powers
art 1 - legislature (congress - senate + house of rep)
art 2 - executive (president and his ministers)
art 3 - judiciary
who and when observed that SOP would be impossible in a modern government
justice frankfurt kilbourn v. thompson
who all wanted the SOP during the consti assembly debates?
KT shah, Hanumanthaih, Kazi Syed Karimuddin
which article of the indian judiciary envisages separation of the judiciary from the executive
art 50
which article provides that the president is a part of the legislation?
art 79
which article of the const envisages vesting of the executive power? is there any vesting fo legislative and judicial powers
art 53: president
art 154; governor
none for legislative or judicial powers
what are president’s legislative powers
art 123 ordinance making power, power of the govt to make rules, power of the president during emergency
judicial functions performed by the president
art 103: disqualification of members of the parliament
art 72: pardoning powers of the president
legislature performing judicial functions
- power to punish for breach of parliamentary privileges
- impeachment of the judges
president’s reccommendation needed to initiate a law
1 money bills
2. imposition of surcharge
3. article 3; babulal parate v. state of bombay: state’s reccommendation not concurrence. parliament can alter the law even after that.
judiciary empowered with law making functions
- rules of HC
- appointment of staff and their officials
ram jawayya kapur v. state of punjab date
(1955)
La principle de legalite - who propounded, meaning?
government based on principles of law, and not man edward coke
who is father of rule of law
sir edward coke
what is the book written by dicey?
the law and the constitution (1885)
what are the three principles of dicey?
- supremacy of the law
- equality before law
- predominance of the legal spirit
righst are the results of judicial decisions
dicey
on whose book is the defintion and the concept of rule of law of usa is based on
davis administrative law
which case gave judicial review of administrative action?
marbury v. madison
what is the delhi declaration and when did it take place?
international commission of jurists, 1959
3 principles
ADM Jabalpur v. Shivkant Shukla date
1976
when was the emergency declared?
20th june, 1975
under which article is emergency declared
art 352
which article defines emergency
art 366(18)
what are the three conditions under which emergency can be declared
- war
- armed rebellion (44th consti amendment) earlier it was internal aggression
3.external aggression
which article suspends Fundamental right to freedom after an emergency?
art 358
which article suspends right to enforcement of FR during an emergency/
art 359
what is the bench of ADM Jabalpur v. Shivkant Shukla
khanna, beg. ray, yv chandrachud, bhagwati
which judgement stated that liberty is absolute it is ever expanding
puttuswamy
UOI V. R Gandhi date
2010
Associated Provincial Picture Houses Ltd v. Wednesbury Corporation
1948
constitution governing admin law
32, 226, 227, 323(B) -
what was the frank’s committee related to?
functionings of the tribunals
ridge v. baldwin main held
follow pnj even when performing statutory/administrative funtions because the difference between them is very narrow
what is the magna carta of administrative law principles?
ridge v. baldwin
main held ak kraipak v. uoi
follow pnj even when performing statutory/administrative funtions because the difference between them is very narrow
thomas bonham carter v. college of physicians, cambridge university
nemo judex in causa sua, rule against bias especially pecuniary bias
marbury v. madison
Associated Provincial Pictures v. Wednesbury Corporation judge name and thomas bonham judge name
lord greene, lord edward coke
test of reasonableness which case
wednesbury corp, wednesbury principles
what are the four laws in england that provide for admin law
rule publication act - procedure
statutory instruments act - substantive
tribunals and enquiries act -
crown proceedings act
(Pett v. Greyhound Racing Association)
legal representation is found to be an essential right
available across all administrative adjudication
usa admin law statutes
administrative procedure act
federal torts claim act
india administrative law statutes
lokpal act
rti act
central vigilance commission act
adminsitrative tribunals act
general clauses act
select committee on statutory instruments
parliament come up with only skeletal acts, the executive will make the details laws.
sop is basic structure doctrine
keshwananada bharti, minerva mills + raj narain
44th consti amendment
art 20, 21 cannot be taken away
mandatory requirement of the legislature to publish cases
narendra kumar v. uoi, harla v. state of rajasthan
Compliance with pnj mandatory for executive case
ridge v. baldwin, ak kraipak
not mandatory for the legislature to comply with principles of natural justice
charanlal sahu v. uoi - bhopal gas tragedy case
what is essential requirement in judicial function of the judiciary
lis inter parties
what is a quasi judicial function?
when an administrative authority performs a judicial function
father of judicial review
edward coke
father of
vineet narain v. uoi
central vigilance commission act:
vineet narain v. uoi
central vigilance commission act:
what is the strength of ak kraipak
5 judge bench
what is the test provided in the vodafone international ltd v. uoi for extra territorial application of law
the degree of relationship must be provided by the law
what is the test provided in the vodafone international ltd v. uoi for extra territorial application of law
the degree of relationship must be provided by the law
which articles of the present french consti have reference to council d etat
65, 74 39
which articles of the present french consti have reference to council d etat
65, 74 39
