Administrative Law

Answer in short

1. What do you mean by ‘Ombudsman’?

The ombudsman is a part of the system of administrative law for scrutinizing the work of the executive.
He is the appointee not of the executive but of the legislature. The ombudsman enjoys a large measure
of independence and personal responsibility and is primarily a guardian of correct behaviour. His
function is to safeguard the interests of citizens by ensuring administration according to law, discovering
instances of maladministration, and eliminating defects in administration. Methods of enforcement
include bringing pressure to bear on the responsible authority, publicizing a refusal to rectify injustice or
a defective administrative practice, bringing the matter to the attention of the legislature, and
instigating a criminal prosecution or disciplinary action.

2. What is Res-Judicata?

Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter
adjudged”. 

In simpler words, the thing has been judged by the court, the issue before a court has already been
decided by another court and between the same parties. Hence, the court will dismiss the case as it has
been decided by another court. Res judicata applies to both civil and criminal legal systems. No suit
which has been directly or indirectly tried in a former suit can be tried again.

Principle of Res Judicata

The principle of res judicata seeks to promote the fair administration of justice and honesty and to
prevent the law from abuse. The principle of res judicata applies when a litigant attempts to file a
subsequent lawsuit on the same matter, after having received a judgment in a previous case involving
the same parties. In many jurisdictions, this applies not only to the specific claims made in the first case
but also to claims that could have been made during the same case.

3. Explain the term “Delegates Non Protest deligare”.

A delegated authority cannot again be delegated.

The maxim Delegatapotestas non potestdelegari is a principle of constitutional and administrative law

with the latin meaning a delegated authority cannot again be delegated. It has its origin in theCatholic
Canon law but it was first articulated in Canada in 1943 by John Willis in the Canadian Bar Review. This
principle is very well acknowledged in the United States, United Kingdom and India.
The maxim can also be stated as “Delegatus non potestdelegare”  which means no one to whom
power is delegated cannot himself further delegate that power. In other words a person to whom some
power is delegated cannot sub-delegate that power to someone else. The reason why this principle is
followed is very simple. One who has the power or authority from another person to do an act must do
it himself or herself as this is a trust or confidence reposed in that person personally. It cannot be
assigned to a stranger whose ability and integrity might not be known to the principal.

In general, whenever it is intended that an agent shall have a power to delegate his authority, it should
be given to him by express terms of substitution. Thus no sub-delegation is done in a principal-agent
contract without the consent and knowledge of the principal.

The principle laid down in the maxim is followed in constitutional and administrative law, where a
delegated power cannot be sub-delegated unless and until it is provided for by law or the person
delegating the authority permits sub-delegation of authority.

4. What do you mean by ‘Pecuniary bias’?

Pecuniary is defined as something relating to money or that can be valued in money.  Bias is an operative
bias, whether conscious or unconscious, as a result of some preconceived opinion, in relation to a party
or an issue. The maxim Nemo in propria causa judex, esse debet, broadly governs the rule against
pecuniary bias. Thus, Pecuniary Bias in the ambit of Administrative Law which deals with any operative
prejudice that the authority may have against an individual which ruins the latter’s interests. In India, it
has been accepted by the Supreme Court that the dividing line between an administrative power and a
quasi-judicial power is quite thin and is gradually being obliterated.

5. Explain the term ‘Locus Standi’

The word locus (plural loci) is Latin for "place". “Locus standi”  is Latin for ‘place to stand’-  In law, the
right to bring an action.
It is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or
action challenged to support that party's participation in the case.

In legal parlance, Locus Standi means the right or capacity or standing to bring a legal action. The
question in Article 32 is whether party filing for an action before the Court has the entitlement to do so.
Does he have to be the one who suffered legal injury, to be able to seek remedy under Article 32? This
issue has been given a wide connotation by the Court.