Due process of Law vs Procedure Established by Law

Indian Constitution did not desire to introduce into our system the elements of uncertainty, vagueness and changeability that have grown round the ‘due process’ doctrine in America. They wanted to make the provision clear, definite and precise and deliberately chose the words ‘procedure established by law’ as in their opinion no doubts would ordinarily arise about the meaning of this expression.

Centralization: John Austin

Of the many misconceptions of centralization which have fallen under our observation, the following, we think, are the most prevalent and important:—1. It is confounded with over-governing. 2. It is thought incompatible with the spirit, if not with the forms, of free or popular government. 3. It is thought incompatible with local governments of local and popular origin. 4. In France, Prussia, and other continental countries, the governments of localities, with the lower branches of the general administration, are controlled to excess by the heads of the latter; and this abuse of centralization is supposed to be of its essence.

Administrative Law: Govt of India Application

Modern drafting technique uses the words ‘adequate’, ‘advisable’, ‘appropriate’, ‘beneficial’, ‘reputable’, ‘safe’, ‘sufficient’, ‘wholesome’, ‘deem fit’, ‘prejudicial to safety and security’, ‘satisfaction’, belief’, ‘efficient’, ‘public purpose’, etc. or their opposites. It is true that with the exercise of discretion on a case-to-case basis, these vague generalizations are reduced into more specific molds, yet the margin of oscillation is never eliminated.

Natural Justice

SACHINDRA KUMAR SWAIN  Vs. THE STATE OF ORISSA - Natural justice is riot a static concept. It is part of a judicial vocabulary in the administration of justice. It is not "extra legal", though, it may be "extra legislative". It is recognised as a guiding factor in administrative law, and forms the constitutional basis for judicial scrutiny of legislative and executive actions. It is the sense of justice that represents the ethics of judicial conscience. Rules of natural justice are not embodied; and their aim is to secure justice or to prevent miscarriage of justice.

All administrative power vested in public authority must be structured within a system of controls informed by both relevance and reason

I can refer to two decisions of the Apex Court in relation to exercise of controlled discretion and quote relevant passages from them. The first would be the case of Suman Gupta and Others Vs. State of Jammu & Kashmir…

He who acts in an arbitrary manner never attain even happiness: Injunction by Lord Krishna affirmed by Orissa HC

Therefore, the scripture alone is your guide in determining what should be done and what should not be done. Knowing this, you ought to perform only such action as is ordained by the scriptures. Having cast aside the injunctions of…

When any person passes an order in a Judicial or quasi-judicial matter without stating reason on finding, the order itself is arbitrary-Delhi HC

(1991) 99 CurTR 261 DELHI HIGH COURT DIVISION BENCH ( Before : C. M. NAYAR, J ) BENNETT, COLEMAN AND CO. LTD. AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent CW No. 299 of 1983 Decided…

Service benefits for the Judges of Fast Track Courts

In service jurisprudence, the appointments are made by employer with different nomenclature/characteristics. Appointments are made both on permanent or temporary basis against permanent post or temporary post. The appointment can also be made on adhoc basis on permanent or temporary post. There is one common feature of appointments of permanent, temporary or adhoc appointment i.e. those appointments are made against the post whether permanent or temporary.