LANDMARK JUDGEMENTS ON ADMINISTRATIVE LAW

ADMINISTRATIVE LAW

CASE NAME

HELD

1.       Nalin Kumar Bhatia v. Union of India, (2020) 4 SCC 78

The court held that decisions by high-ranking officials or bodies are not immune to judicial review and carry no special presumption of validity.

2.       Moons Technology Ltd v. Union of India, (2019) 18 SCC 401

The Supreme Court established that the validity of an order by a statutory functionary must be judged solely by the reasons stated in the original order and cannot be supported by new reasons provided later in an affidavit or other submissions.

3.       T.P. Senkumar. Union of India, (2017)

The Supreme Court reinforces a core principle of administrative law: an order must be judged on the reasons contained within it, and those reasons cannot be supplemented later. This concept of a "speaking order" is vital for ensuring fairness and transparency in public decision-making.

4.       NSDL v. SEBI, (2017) 5 SCC 517

The Supreme Court of India specified that an administrative body's action is quasi-judicial when it possesses legal authority to decide questions affecting citizens' rights, and has a duty to act judicially in doing so. This judicial duty entails observing the principles of natural justice, ensuring the affected parties have due process through notice and an opportunity to be heard.

5.       Mangalam Organics Ltd. v. Union of India, (2017) 7 SCC 221

The Supreme Court held that courts should not interfere with an administrative authority's discretionary power unless the discretion is exercised for an ulterior purpose, arbitrarily, or without considering relevant norms or the objective the statute aims to achieve. This principle limits judicial review of administrative actions, emphasizing that courts cannot substitute their judgment for that of the authority when the power is exercised appropriately within the bounds of the law.

6.       N. Nagendra Rao v. State of Andhra Pradesh, (1994) 6 SCC 205

The Supreme Court of India held that the doctrine of sovereign immunity cannot protect the State from liability when it engages in commercial activities or when its officers infringe upon citizens' fundamental rights to life and liberty. The ruling emphasized that as a welfare state, the government is vicariously liable for the negligent acts of its employees when performing non-sovereign functions, particularly those in commercial or administrative domains.

7.       State of Mysore v. Shivabasappa Shivappa Makapur, AIR 1963 SC 375

Tribunals exercising quasi-judicial functions are not bound to follow the procedure prescribed for trial courts and they are not bound by strict rules of evidence. The only obligation which they have to follow is that they should not act on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair opportunity to explain it.

8.       State of Haryana v. Rattan Singh, (1977) 2 SCC 491

The Supreme Court held that domestic tribunals must approach their task with objectivity, exclude extraneous material from their consideration, and strictly adhere to the principles of natural justice. The Court also emphasized that tribunals are required to record reasons for their decisions, as this practice is considered a part of natural justice.

9.       Chandra Prakash Mishra v. Flipkart (2022)

The Supreme Court of India held that an erroneous, illegal, or even perverse action by a statutory authority does not automatically prove a lack of good faith or suggest malice. The court clarified that to impute malicious motives, something more than a mere error or fault must exist.

10.   Amarendra Kumar Pandey v. Union of India (2022)

The Supreme Court of India examined the extent to which courts can judicially review an administrative authority's action that is based on its "subjective opinion" or "satisfaction". The court held that such actions can be reviewed to verify that the opinion was formed on the basis of actual and reasonable circumstances, and not on irrelevant grounds.

RULE OF LAW AND SEPARATION OF POWERS

11.   Pancham Chand v. State of HR, (2008) 7 SCC 117

The Supreme Court of India held that India's Constitution establishes a "rule of law," not a "rule of men," meaning even high-ranking individuals are subject to the law and the Constitution. The Court emphasized that all constitutional functionaries must operate within the boundaries set by the Constitution, a principle that the Supreme Court has consistently upheld in various interpretations of the rule of law over time.

12.   State of M.P. v. Thakur Bharat Singh, AIR 1967 SC 1170

The Supreme Court held that executive actions that prejudice individuals must be supported by legislative authority, reinforcing the rule of law by emphasizing that no executive action can be taken without a valid legal basis, thus allowing for the judicial review of arbitrary or unlawful executive actions.

13.   National Legal Services Authority v. Union of India, (2014) 5 SCC 438

The Supreme Court declared transgender people the "third gender," affirmed their right to self-identify, and granted them fundamental constitutional rights, including legal protections, dignity, and opportunities for social upliftment through reservations. The ruling established gender identity as a core aspect of individual liberty and dignity under Article 21 of the Constitution.

14.   Re Delhi Laws Act case, AIR 1951 SC 332

The Supreme Court of India clarified that while the Indian Constitution doesn't strictly enforce the separation of powers, the legislature cannot "abdicate" or surrender its essential law-making functions but can delegate "ancillary" powers, laying down policy guidelines for the delegated authority to fill in the details.

DELEGATED LEGISLATION

15.   Roger Mathew v. South Indian Bank Ltd., (2020) 6 SCC

It is always open to a constitutional court, on challenge made to the delegated legislation framed by the executive, to examine whether it conforms to the parent legislation and other laws including the applicable judicial precedents and if found contrary can be struck down without affecting the constitutionality of rules making power itself.

16.   Council of Architecture v. Mukesh Goel, (2020) 16 SCC 446

The Supreme Court of India upheld the principle that delegated legislation can be struck down for being ultra vires not only to its parent act but also for contradicting any other existing primary legislation. The court ruled that the New Okhla Industrial Development Authority (NOIDA)'s promotion policy, which was a form of delegated legislation, was invalid because it contradicted a provision of the Architects Act, 1972, a separate and superior piece of primary legislation.

17.   Sidhartha Sarawgi v. Kolkata Port, (2014) 16 SCC 248

The definition of delegation is "parting of powers by the person who grants the authority to do things which otherwise that person would have to do himself". This case involved a legal scrutiny of administrative power delegation within port trusts and the associated limits on further delegation under the doctrine of delegatus non potest delegare (a delegate cannot further delegate).

18.   Chief Settlement Commissioner v. Om Prakash, AIR 1969 SC 33

The Supreme Court of India reaffirmed the constitutional principle that the executive branch can only exercise legislative power if it has been directly delegated to it by a competent legislature. The court emphasized that such delegated power must be exercised strictly within the prescribed limits of the "parent" statute, reinforcing the supremacy of statutory law over administrative action.

19.   Agricultural Marketing Committee v. Shalimar Chemical Works Ltd., AIR 1997 SC 2502

The Supreme Court of India highlighted several key reasons why governments are given the power of delegated legislation, essentially allowing them to create rules and regulations to fill in the details of a law that might be too complex or require flexibility based on changing circumstances.

20.   Union of India v. Purushottam, (2015) 3 SCC 779

The power of delegated legislation is constitutionally limited, and essential legislative functions cannot be handed over to another body. This principle ensures that the legislature, which is elected by the people, does not abdicate its primary law-making duty.

21.   Vasu Dev Singh v. Union of India, (2006) 12 SCC 753

The Supreme Court of India distinguished between conditional and delegated legislation. The Court clarified that in conditional legislation, the law itself is complete, and the executive's role is limited to enforcing it after certain conditions are met. This is distinct from delegated legislation, where the executive is granted the power to make supplementary rules or regulations.

22.   Hamdard Dawakhana v. Union of India, AIR 1960 SC 554

The Supreme Court distinguished conditional legislation from delegated legislation by defining conditional legislation as a statute where the legislature has already made the law and the executive's role is limited to deciding when it becomes effective, while delegated legislation involves the executive being granted broader rule-making power to elaborate on the law.

NATURAL JUSTICE

23.   Kanachur Islamic Education Trust (R) v. Union of India, (2017) 15 SCC 702

The Supreme Court of India reinforced the fundamental principles of a fair hearing, emphasizing that administrative decision affecting parties must be based on a reasoned and transparent process. The judgment annulled a government decision that lacked a comprehensive review of facts and disregarded conflicting reports, restoring permission for the petitioner to operate its medical college.

24.   Deepal Ananda Patil v. State of Maharashtra (2023)

The Supreme Court of India reiterated a fundamental principle of administrative law: an adjudicatory body cannot base its decision on any material unless the affected person has been informed of it and given an opportunity to respond. This principle is a cornerstone of natural justice.

25.   Esteem Properties Pvt. Ltd. v. Chetan Kamble (2022)

The Supreme Court of India strongly reaffirmed the importance of natural justice and the right to an opportunity of being heard in any administrative or quasi-judicial proceeding. The court underscored that any order passed without hearing the affected party is void and illegal.

26.   A.K. Kraipak v. Union of India (1969) 2 SCC 262

The Supreme Court held that the principles of natural justice supplement the law and must be followed even when a statute is silent, and they extend to administrative functions, not just judicial ones.

27.   B.D. Gupta v. State of Haryana, (1973) 3 SCC 149

The Supreme Court established that a notice is implicitly required even if a statute doesn't explicitly provide for it, especially if an order will adversely affect someone's rights, ensuring natural justice. The court further emphasized that such a notice must be clear, specific, and unambiguous to give the affected party a fair opportunity to respond and show cause against the proposed action.

28.   Gorkha Security Services v. Govt, of (NCT of Delhi), (2014) 9 SCC 105

The Supreme Court of India examined the necessity of a specific show-cause notice for administrative actions like blacklisting. While the court reinforced the principle of natural justice, its final ruling diverged from the common summary, which suggests formal defects are always salvageable.

29.   Maneka Gandhi v. Union of India, (1978)1 SCC 248

The Supreme Court of India's landmark ruling in Maneka Gandhi v. Union of India (1978) significantly redefined the principle of natural justice, holding that administrative authorities must provide reasons for their decisions, which are subject to judicial review. The court established that the power to withhold reasons is an exceptional one, to be used fairly and sparingly, and only when fully justified by the situation.