The Objectives of Administrative Law

 To ensure such decisions are transparent and fair, equitable and not arbitrary
and unjust
 To keep the powers government and state of public institutions within their
legal bounds to ensure safeguard of citizen rights against abuse
 To ensure public authorities perform their duties and where necessary to
compel performance against unjust refusal to perform

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The prerogative writs

 Based on English Law

 One of the important way in CA controls actions of administrative bodies and
public officials
 By the 13 Ammendment – Provincial High Courts were also empowered to hear
and grant writ applications on Habeas Corpus – Limited Jurisdiction
 Article 140 and 141 refers these writs

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The main prerogative writs
 Writ of Habeas Corpus- remedy in respect of any person improperly detained
in public or private custody
 Writ of Certiorari – asking the court to quash or cancel an illegal, wrongful or
unjust decision already made by an administrative body or public official
 Writ of Prohibition - To stop a public officer or a state body from arriving at
a wrongful decision
 Writ of mandamus – To direct a public officer or a state body to take a
decision when he is inactive or delaying to do so
 Writ of Quo Warranto – To challenge the entitlement of a person to hold a
public office

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Principles of Natural Justice in decision making by
public authorities

 Natural justice is the name given to certain basic principles and rules which
constitute minimum requirement of justice
 The first principles of justice

 Rules of Natural Justice

 No man should be a judge in his own case – Nemo judex in re sua
 Duty to hear both sides of dispute - Audi alteram partem
 Right to receive notice and to be informed
 Right to fair hearing

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Exercise of Discretionary Power and
Ultra vires
 Discretion means the power to make a choice between alternative courses of
action

 Principles to be followed in exercise of discretionary power

 Delegatus non-potest delegare (An agent cannot delegate)
 When a statute prescribes a particular body to exercise a power, it must be
exercised by that body only. It cannot be exercised by other body unless
delegated
 Discretion must not be exercised arbitrarily
 Discretion to be exercised reasonably

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