Excess or abuse of power under Administrative Law
Excess or Abuse of Power under Administrative Law in India
What is Excess or Abuse of Power?
Excess or abuse of power occurs when a public authority or administrative agency exercises its powers:
Beyond the limits conferred by law (ultra vires), or
In a manner that is arbitrary, unfair, or oppressive, or
For an improper purpose.
This concept is central to Administrative Law and ensures that government authorities do not misuse or exceed the powers granted to them by law. When abuse of power occurs, the action can be declared invalid by the courts.
Key Concepts
Ultra Vires: "Beyond the powers". If an authority acts beyond the scope of power given by the law, such action is ultra vires and invalid.
Malafide exercise of power: When power is exercised with an improper or dishonest motive.
Arbitrariness: Decisions made without any reasonable or fair basis, often violating the principle of reasonableness.
Failure to follow procedure: Authorities failing to comply with statutory procedures can amount to abuse of power.
Excessive or unreasonable use of discretionary power: Power should be exercised reasonably and not oppressively.
Grounds for Judicial Review Based on Abuse of Power
Lack of jurisdiction or ultra vires
Malafide exercise of power
Arbitrariness or irrationality
Failure to follow principles of natural justice
Improper purpose or motive
Non-compliance with statutory procedures
Important Case Laws Explaining Excess or Abuse of Power
1. A.K. Kraipak v. Union of India (1969) 2 SCC 262
Facts: Members of a selection committee had a personal interest in the matter they were deciding.
Issue: Whether there was an abuse of power due to bias and conflict of interest.
Holding: The Supreme Court held that the appointment of biased persons in a decision-making body amounted to abuse of power and violated principles of natural justice.
Significance: This case established that abuse of power includes exercising power with bias or for extraneous purposes.
2. Ram Jawaya Kapur v. State of Punjab (1955) SCR 549
Facts: An order was passed by the government arbitrarily revoking the license of a flour mill without giving an opportunity to be heard.
Issue: Whether the exercise of power without hearing violated principles of natural justice and amounted to abuse.
Holding: The Court ruled that power must be exercised fairly and not arbitrarily, and denial of hearing amounted to abuse of power.
Significance: It reinforced the rule that administrative powers must be exercised in a fair and reasonable manner.
3. Maneka Gandhi v. Union of India (1978) AIR 597
Facts: Maneka Gandhi’s passport was impounded without giving a proper hearing.
Issue: Whether the procedure was arbitrary and an abuse of power.
Holding: The Supreme Court held that the exercise of administrative power must comply with the principles of fairness and reasonableness. Arbitrary action without procedure is an abuse of power.
Significance: This case emphasized that powers must be exercised reasonably, fairly, and with due process.
4. E.P. Royappa v. State of Tamil Nadu (1974) 4 SCC 3
Facts: The state government dismissed a government servant alleging corruption without a proper inquiry.
Issue: Whether arbitrary or mala fide exercise of power is permissible.
Holding: The Supreme Court ruled that the exercise of power must be non-arbitrary and non-malafide. Abuse of power was held unconstitutional.
Significance: This case is a landmark in defining arbitrariness as the antithesis of constitutionalism.
5. State of West Bengal v. Committee for Protection of Democratic Rights (2010) 3 SCC 571
Facts: The West Bengal government issued a notification restricting meetings and gatherings arbitrarily.
Issue: Whether the exercise of power violated the constitutional right to freedom of speech and assembly.
Holding: The Court declared the arbitrary use of power and suppression of fundamental rights as an abuse of power.
Significance: It upheld that administrative powers should not be used to curtail fundamental rights arbitrarily.
Explanation of Concepts via Cases
| Concept | Case Example | Explanation |
|---|---|---|
| Ultra Vires | A.K. Kraipak | Authority acted beyond power by having biased members. |
| Malafide Exercise of Power | E.P. Royappa | Dismissal without inquiry was malafide and unconstitutional. |
| Arbitrariness | Maneka Gandhi | Arbitrary passport cancellation without hearing. |
| Violation of Natural Justice | Ram Jawaya Kapur | Revocation without hearing was abuse of power. |
| Abuse affecting Fundamental Rights | State of West Bengal | Arbitrary restrictions on rights declared invalid. |
Summary
Excess or abuse of power by administrative authorities occurs when:
Powers are exercised beyond legal limits,
Powers are exercised with an improper or malicious motive,
Decisions are arbitrary or unreasonable,
Statutory procedures or principles of fairness are ignored.
The judiciary, particularly the Supreme Court of India, actively intervenes to ensure that administrative authorities do not misuse power and that decisions comply with law, fairness, and reasonableness.
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