Law & Life

Powers and Functions of Tribunals 🔷 What is a Tribunal? A tribunal is a quasi-judicial body that is created to settle disputes in specific areas of law. Tribunals are not regular courts , but they perform judicial functions . They are established by the Constitution or statutes to provide speedy and specialized justice in particular matters. 🔷 Why Tribunals Were Introduced? To reduce the burden on regular courts . To give quick and expert decisions . To provide affordable and accessible justice . To resolve disputes in technical fields like tax, labour, environment, consumer rights, etc. 🔷 Constitutional Provisions: Article 323-A – For tribunals related to service matters . Article 323-B – For tribunals related to other matters like tax, land reforms, industrial disputes, etc. 🔷 Examples of Tribunals in India: Tribunal Name Area of Jurisdiction Central Administrative Tribunal (CAT) Service matters of government employees...

Public Undertakings and Control over Corporations 🔷 What are Public Undertakings? Public Undertakings , also called Public Sector Undertakings (PSUs) or Public Enterprises , are companies or corporations owned and controlled by the government . They are established to carry out industrial, commercial, and service activities on behalf of the State. 🔷 Why are Public Undertakings Formed? To promote economic development and ensure public welfare . To operate key industries like oil, power, banking, transport, etc., which are essential for the nation. To create employment and reduce income inequality. To ensure that basic services reach all sections of society, not just the rich. 🔷 Legal Status: Public undertakings may be established by: Special statutes passed by Parliament (e.g., LIC Act, ONGC Act). Company Act, 2013 , where the government owns 51% or more of the shares. Constitutional provisions , in some cases like Statutory Corporatio...

Rule of Law 🔷 Meaning: Rule of Law means “no one is above the law.” It is a principle that the law applies equally to all individuals — whether they are common citizens or government officials. It also means that the government must act according to the law , not according to its will. 🔷 Origin: The concept of Rule of Law was developed by Sir Edward Coke and later popularized by A.V. Dicey , a British jurist, in his book "The Law of the Constitution" (1885). 🔷 Dicey’s Three Pillars of Rule of Law: 1. Supremacy of Law: Law is supreme and above all. No one can be punished unless there is a clear violation of law . Actions of the government must be authorized by law. 2. Equality Before Law: Every individual, regardless of position, is equal in the eyes of law . No special privileges for ministers, officers, or any other persons. This ensures justice and fairness . 3. Predominance of Legal Spirit / Constitution: Rights of...

Delegated Legislation 🔷 Meaning: Delegated legislation , also called subordinate legislation , is the law made by persons or bodies other than the legislature (Parliament or State Legislature) but with the authority given by the legislature . It is a process where the legislature delegates its law-making power to the executive or other agencies for detailed rules and regulations. This is necessary because legislatures cannot make detailed laws for every small matter. 🔷 Definition: According to Dicey: "Delegated legislation is the creation of laws by persons or bodies other than Parliament, but under powers conferred by an Act of Parliament." It is legislation made under the authority of a parent Act (also called the enabling Act). 🔷 Why is Delegated Legislation Needed? Volume and Complexity: Parliament cannot legislate every detail due to time constraints. Expertise: Experts in certain fields (e.g., health, environment) make technical r...

Contractual Liability 🔷 Meaning and Definition: Contractual liability refers to the legal responsibility that arises when a person or entity fails to perform an obligation they agreed to in a contract. A contract is a legally binding agreement between two or more parties that creates rights and duties for each party. When one party does not fulfill these duties, they are said to be liable for breaching the contract. In simple terms: If you promise to do something in a contract and you do not do it or do it improperly, you are responsible (liable) and must face the consequences under the law. 🔷 Essential Elements of Contractual Liability: For contractual liability to arise, the following must be present: Existence of a Valid Contract: There must be a legally valid contract between the parties. This means there should be offer, acceptance, lawful consideration, intention to create legal relations, and capacity to contract. Breach of Contract: One party must have fai...

Tribunal 🔷 Meaning: A Tribunal is a special quasi-judicial body established by the government to resolve disputes or handle cases in a specific area of law. It is an alternative to regular courts , designed to provide faster, cheaper, and expert justice . Tribunals have powers similar to courts but are less formal and more specialized. 🔷 Why are Tribunals Needed? Reduce burden on regular courts Provide speedy justice Use experts familiar with the subject matter (e.g., tax, labor, consumer disputes) Simplify legal procedures Cost-effective for parties involved Relieve higher courts so they can focus on complex cases 🔷 Characteristics of Tribunals: Created by statute (law made by Parliament or State Legislature) Deals with specific types of disputes (e.g., income tax, administrative service) Has power to investigate, adjudicate, and enforce decisions Less formal than courts; strict legal procedures are relaxed Members ofte...

Administrative Discretion 🔷 Meaning: Discretion means freedom to choose from among several options. Administrative Discretion means the power given to government officials to make decisions within legal limits , especially when the law does not clearly define what to do. 📌 In simple words: When a government officer has the freedom to decide how to act in a given situation = Administrative Discretion . 🔷 Why is Discretion Given? Modern governance is complex Parliament cannot decide every small issue Executive needs flexibility to handle real-life problems Situations change often (e.g., public health, disaster response) Allows quick and practical decisions 🔷 Examples of Administrative Discretion: District Collector choosing how much compensation to give in land acquisition. Police deciding whether to arrest or warn . Licensing authority deciding to grant or cancel a license . Transport department deciding routes and permits . ...

Delegated Legislation 🔷 Meaning: Delegated Legislation means law made by a person or body other than the Parliament , but with the authority of Parliament . Parliament delegates its legislative powers to the Executive (Government) to make rules, regulations, by-laws, orders, etc. 📌 In short: Parliament makes parent law , and the government makes detailed rules under it = Delegated Legislation 🔷 Why Delegated Legislation is Needed? Lack of Time – Parliament cannot handle all minor details. Technical Matters – Experts are needed (e.g., for environmental, cyber, or health laws). Flexibility – Rules can be changed quickly as per situation. Emergency – During war, pandemic, or disasters, quick action is needed. Local Adaptation – Rules may vary from one region to another. 🔷 Examples of Delegated Legislation: Motor Vehicles Act – Central Government makes traffic rules Environment Protection Act – Government makes pollution control rules ...

Ombudsman in India 🔷 Meaning of Ombudsman Ombudsman is an independent authority appointed to investigate complaints made by citizens against government officials or departments . The main purpose is to check maladministration , corruption , negligence , and abuse of power by public servants. 📌 The word "Ombudsman" comes from Sweden , meaning "representative of the people" . 🔷 Concept Origin First introduced in Sweden in 1809 . Later adopted by countries like Finland, Denmark, UK, New Zealand, Australia , etc. India adopted this concept in the form of Lokpal (Centre) and Lokayukta (State) . 🔷 Who is an Ombudsman? A grievance redressal officer who protects citizens’ rights by checking government abuse . They act as a bridge between people and government , ensuring transparency and justice. 🔷 Types of Ombudsman in India 1. Lokpal – at the central level 👉 Deals with complaints against central government officials , ...

Lokpal in India 🔷 Meaning of Lokpal Lokpal is an anti-corruption body or ombudsman at the central level in India. The main job of Lokpal is to investigate complaints against public officials , including Prime Minister , Ministers , and Members of Parliament , if they are suspected of corruption or abuse of power . It is an independent statutory body created under the Lokpal and Lokayuktas Act, 2013 . 📌 The term "Lokpal" is taken from Sanskrit: Lok = People Pal = Protector So, Lokpal = Protector of the People 🔷 Background of Lokpal The idea of Lokpal was first suggested in 1966 by the Administrative Reforms Commission . Many bills were introduced from 1968 to 2011 , but none became law. After massive public protests led by Anna Hazare in 2011 , the government passed the Lokpal and Lokayuktas Act, 2013 . 🔷 Lokpal and Lokayuktas Act, 2013 This Act provides for: Establishment of Lokpal at the Centre Establishment of Lokay...

Public Undertakings in Administrative Law 🔷 Meaning A Public Undertaking (also called Public Sector Undertaking – PSU ) is a government-owned enterprise or company , created to carry out commercial, industrial, or developmental activities . These undertakings are usually set up by Central or State Governments to promote economic growth, welfare, and national interest . 📌 Example: BHEL (Bharat Heavy Electricals Limited), LIC (Life Insurance Corporation), ONGC (Oil and Natural Gas Corporation), Indian Railways. 🔷 Importance of Public Undertakings To ensure economic development in strategic areas To provide essential services like energy, transport, health To generate employment To control the monopoly of private players To develop backward areas To maintain public welfare through government-owned companies 🔷 Types of Public Undertakings 🔹 1. Departmental Undertakings Run as part of the government (like a government department) Contro...

Discretion in Administrative Law 🔷 Meaning of Discretion Discretion means freedom to choose between different options or actions based on judgment and circumstances . In Administrative Law , discretion refers to the power given to government officials or authorities to make decisions as they think fit , within legal limits. 📌 Example: A licensing officer may have the discretion to approve or reject an application based on public interest. 🔷 Need for Administrative Discretion In modern welfare states, the government performs many functions — like granting licenses, giving subsidies, issuing permits, and enforcing rules. It is not possible to write laws for every small detail . So, discretion is given to administrators to handle: Complex, dynamic situations Public welfare schemes Emergencies and urgent matters Individual-based decisions 🔷 Constitutional Validity of Discretion Discretion is valid as long as it is reasonable, fair, and non-ar...