Administrative Law: Conditional Legislation and Natural Justice

Conditional Legislation

Conditional legislation occurs when the legislature enacts a law but leaves the executive authority to bring it into force upon the fulfillment of specific conditions or contingencies. No legislative function is delegated; rather, the executive determines the timing of the Act's operation. This is also known as Contingent Legislation, as established in Inder Singh v. State of Rajasthan.

Judicial Control of Delegated Legislation

• Substantive Ultra Vires: The parent act is unconstitutional, the delegated legislation is inconsistent with the parent act, or the legislation is unconstitutional, unreasonable, or made in bad faith (mala fide).
• Procedural: Issues regarding sub-delegation, exclusion of judicial review, or retrospective operation.

Rule of Law and Principles of Natural Justice

Rule Against Bias

• Pecuniary Bias: A decision-maker must not have a financial interest in the case (e.g., Cambridge University v. Dr. Bonham; Dimes v. Junction Canal Co.).
• Personal Bias: Arises from friendship, relationship, enmity, or rivalry. A person biased toward a party is disqualified (e.g., A.K. Kraipak v. Union of India; Mineral Development v. Bihar).
• Bias as to Subject Matter: Preconceived notions regarding the case.

Audi Alteram Partem

• Notice: Before action is taken, the party must be given a notice to show cause, including all relevant details (e.g., Gupta v. Union of India; Kumaran Erady v. General Manager).
• Opportunity of Hearing: The person concerned must be heard before any adverse action is taken (e.g., Dhakessheari Cotton Mills v. CIT).
• Speaking Order: A reasoned decision must be provided (e.g., Siemens v. Union of India; T.R. Thandur v. Union of India).

Exclusion of Natural Justice

• Legislative action
• Urgency and public interest
• Impracticability
• Useless formality theory

The Lokpal

The Lokpal is an anti-corruption authority and ombudsman representing public interest in the Republic of India. It has jurisdiction over the central government to inquire into allegations of corruption against public functionaries.

The Lokpal and Lokayuktas Act was passed in 2013 following the Jan Lokpal movement led by Anna Hazare in 2011. While the Lokpal handles corruption charges at the national level, the Lokayukta performs the same function at the state level.