Скачать или смотреть Administrative Law - Part 3 | Prof. R K Biju | LL.B. Exams | Quasi-Judicial Powers & Natural Justice

In the third module of the Administrative Law Exam-Oriented series, Prof. R.K. Biju explores how administrative authorities are controlled when they exercise judicial functions.

This session dives deep into the Quasi-Judicial Powers of the Administration and the foundational Principles of Natural Justice that every administrative and quasi-judicial body must follow to prevent the abuse of power.

📚 Key Topics Covered in This Video:

1. Emergence of Quasi-Judicial Powers:

Why do administrative bodies exercise judicial functions?

Reasons: The shift to a Welfare State, technicality of modern disputes, the need for speedy and cheap justice, and the heavy burden on traditional courts (Mahabir Jute Mills Case).

2. Principles of Natural Justice (The Minimum Fair Procedure):
Unlike civil courts (CPC) or criminal courts (CrPC) that follow rigorous procedures, quasi-judicial bodies follow the principles of Natural Justice derived from Natural Law and implicit in Articles 14 and 21 of the Indian Constitution.

A. Rule Against Bias (Nemo Judex in Causa Sua): No man shall be a judge in his own cause. Justice must not only be done but must be seen to be done.

Pecuniary Bias: Financial interest (Dimes v. Grand Junction Canal).

Personal Bias: Arising from friendship, enmity, or relationship (Manak Lal v. Dr. Prem Chand, A.K. Kraipak v. Union of India).

Bias as to Subject Matter: Departmental bias (Gullapalli Nageswara Rao v. APSRTC) and Pre-conceived notion bias (K.S. Rao v. State of Hyderabad).

B. Rule of Fair Hearing (Audi Alteram Partem): Hear the other side before taking adverse action.

Essential ingredients: Right to Notice, Right to present the case/evidence, Right to cross-examination (when applicable - Hira Nath Mishra v. Principal, Rajendra Medical College), and Disclosure of evidence (Supply of Enquiry Report).

Post-Decisional Hearing (Maneka Gandhi v. Union of India).

C. Reasoned Decisions (Speaking Orders):

The necessity of providing reasons for decisions, especially when statutory provisions or appellate mechanisms demand it.

3. Exceptions to Natural Justice:
When can the principles of Natural Justice be excluded?

Emergencies

Confidential/Secret matters

Routine matters (e.g., removal from rolls due to attendance shortage)

Impracticability (e.g., mass copying cases)

Interim/Preventive actions (e.g., suspension pending enquiry)

Legislative acts

Statutory exceptions and Contractual agreements.

⏱️ Timestamps:
00:00 - Introduction to Module 3
01:45 - Why Administrative Bodies exercise Judicial Powers
06:50 - Reasons: Technicality, Speedy Justice & Burden on Courts
15:55 - Procedures Followed: CPC/CrPC vs. Natural Justice
20:30 - Constitutional Basis of Natural Justice (Arts. 14 & 21)
23:50 - The Three Core Principles of Natural Justice
25:50 - 1. Rule Against Bias (Nemo Judex in Causa Sua)
32:40 - Pecuniary Bias (Dimes v. Grand Junction Canal)
34:40 - Personal Bias (A.K. Kraipak v. Union of India)
39:00 - Subject Matter/Departmental Bias (Gullapalli Nageswara Rao)
43:50 - Pre-conceived Notion Bias (K.S. Rao v. State of Hyderabad)
45:00 - 2. Rule of Fair Hearing (Audi Alteram Partem)
47:20 - Ingredients: Notice, Presenting Case & Cross-Examination (Hira Nath Mishra Case)
53:50 - Right to Enquiry Report & Legal Representation
58:10 - Post-Decisional Hearing (Maneka Gandhi Case)
01:00:20 - 3. Reasoned Decisions / Speaking Orders
01:02:45 - Exceptions to the Principles of Natural Justice

About the Channel:
Prof. R.K. Biju simplifies complex legal theories and jurisprudence concepts in Malayalam, making law accessible to students and the general public through RKB's Legal Classroom.

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