Updated: Thursday January 14, 2010/AlKhamis Muharram 29, 1431/Bruhaspathivara Pausa 24, 1931, at

07:11:49 PM

Course Contents:

1. The course contents would be General and Basic Principles of Administrative Law, General and Basic
Principles of Law of Administrative Tribunals and the Basic Principles of Law of Civil Service, with
reference to Federal statutes as applicable to Pakistan.

Book Recommended:

1.Principles of Administrative Law A complete Study by Hamid Khan.

This law is concerned with state power. State is powerful while individual is weaker person. This law is related
with the affairs of public functionaries with common public. It provides remedy to public against the wrongs
or their ultra vires. Government cannot act except in accordance to law. Government has to seek toward the
constitutional provisions, which allows to do or not to do certain acts.

Government may interfere in the life of common man. It may cause either progress or problem. Good
governance is a form of government in which government runs the affairs of state smoothly and upto the entire
satisfaction of people. Constitution, public, fundamental rights, rule of law, democracy, justice are respected.

Bad or malgovernance is reverse of good governance. Dictatorship, disorder, violation, injustice, provisional
constitution order, slavery are the essential elements of it.

Government has unlimited powers which should remain with government but use of such powers makes
government corrupt. Power should not be vested in one hand.

Government employees or servants or public functionaries should be controlled to avoid ultra vires. They may
be restricted to commit wrongs. Administrative law deals with it.

How the government is controlled and how the employees are made efficient? Government is controlled by the
institutions of the government. There are two means to control them, i.e., political and legal means.

Political sources include vote, no confidence, impeachment in presidential system, dissolution of assemblies,
revolution, sedition, agitation, media either electronic or print, articles, public meetings, editorials, reporting
while legal source includes writ petition. Being the student of law we are not concerned with political means.
Legal process is our area of study.

Every institution or public functionary is bound by law to act in accordance with law or constitution. Law must
support their act. Any act of government involving ultra vires can be got declared null and void under Article
4 of the Constitution. Any act exceeding their powers shall be inoperative or inactive.

Acts of public functionaries include jurisdiction and justification in accordance to law. Government has huge
power and when government decides against someone then only law can protect individual.

If public functionary commits wrong, government institution commits ultra vires then individual either may
be torpid (dormant, silent, taciturnity) or institutes writ petition to enforce his right. Judicial or departmental
processes are also subject of administrative law.

Mere constitution is a dead law but administrative law is spirit of constitution. Constitution brings emerges of
educational institute but administrative law activates and keeps running such institution. Administrative law is
not a law in the sense of legislative enactment but in the form of decisions but legislative and administrative
laws have same applicability in courts.
There are three types of litigation such as:

1.Civil litigation in which both parties are private individuals.

2. Criminal litigation or trial in which government and individual are parties with exception where both
parties may be private individuals in the crimes which is compoundable.

3.Administrative litigation in which individual renders government defendant or respondent.

Individual is at option to bring writ petition when public functionary commits wrong or violates his rights. But
individual leaves not option when government held him accused. He has to protect himself to prove innocence.
A single individual cannot protect his skin solely and here a lawyer helps him out and law profession comes
into action to aid him.

Definition administrative law: Every law, which lays down relationship between public and executives, is
called administrative law. Any law including the law relating to all constitutional laws, statutory, byelaws,
judicial proceedings, customs, and policies is called administrative law.

Our administrative law is not only codified but scattered. State acts through her public functionaries.
Administrative law constitutes check and balance. It protects citizen from the cruelty of public functionaries.

To understand the administrative law, theory propounded of Montesque is necessary to understand.

According to his theory following are the main points:

1.Three functions of the government.

2.Three organs of the government.

3.Separation among them.

4.Check and balance.

They must act in their own sphere or areas. This theory limitizes the powers of public functionaries and
protects public. It has seen different changes with the passage of time. This theory also includes separation
with two provisions, i.e., power should not invest in one hand and there should be no interference to each
other. Where more power is granted there maximum applies power corrupts and absolute power corrupts
absolutely.

All organs of the government perform their additional functions in addition to their original functions. It
minimizes arbitrary powers reasonably.

Separation


No power should invest in one hand No interference to ensure check & balance

Where there is democracy in truer sense there is no power invested in one hand. There are three organs of
government, which perform three functions. They each also perform two additional functions. Hierarchy is as
under:

Government


Executive Judiciary Legislature


Judicial Legislature Executive Legislature Executive Judicial

Executives perform judicial functions when they hold enquiry and perform legislative functions when they
make rules and regulations.

Judiciary performs executive functions when make appointments and performs legislative functions when
make rules and regulations.

Legislature performs executive functions when make appointments and performs judicial functions when hold
enquiry against judges or the person who commits high treason.

Growth of administrative law: Following are the factors responsible for the growth of administrative law:

1.Increasing responsibilities:

2.Complex legislation:

3.Complexities of judiciary:

4.Public interest in speedy decisions:

5.Law and order situation:

6.Easy methodology:

7.Good governance:

8.Economic growth:

9.Suffering of public work:

10.Law of experts:

11.Objectives of administrative law: Following are the objectives of administrative law:

a)Control of government powers:

b)Remedy to aggrieved person:

c)Equal status of state and public:

d)Effective use of government power:

e)Public utility:

f)Determination of government and public disputes:

g)Determination of social problems:

h)Performance of administration improvement:

i)Maintenance of Rule of law:

Growth of delegated legislation:

1.Definition:
2.Who grants such power:

3.Against separation of power:

4.Growing factors:

a)Liberty to agencies:

b)Inability of government:

c)Lack of time:

d)Lengthy process of legislation:

e)Incapacity of parliamentarians:

f)Requirement of speedy decision/urgent needs:

g)Law and order:

h)Economic growth:

i)Ever changing society:

j)Suffering of policy work:

k)Technicality:

l)Experience:

m)Complexity:

n)Flexibility:

When all organs perform functions apart from their original functions, it is called quasi function. When
constitution invests power then government cannot intervene in quasi functions of the organs. All executive
functions remain challengeable.

France follows Droit (legal right) Administrative law while America follows the Administrative Procedure Act,
1947.

Law and order can be maintained by the institution against the institution. They may adopt legal proceedings
against each other. Who should be equipped with the knowledge of administrative law? Every one has to get
its knowledge including private sector, public limited companies, lawyers, students, general public, and
politicians etc. Observance of the administrative law is guarantee of good governance. Understanding of the
administrative law plays an important role in the society. It leaves good gesture in society. People are not bad
but bad control makes them bad.

What is administrative law itself? Not only laws but customs, policies, rules and regulations, executive
precedents, judicial precedents are also part of administrative law. Our administrative law is scattered.
Adverse discrimination is legal under Article 25 of the constitution. When arbitrary powers are controlled at
political level then legal method becomes useless. Arbitrary powers are invested to Prime Minister in UK while
US President is helpless before government due to scrutinized system of USA.

Difference between Constitution and Administrative Law: Some of the differences are as follows:

 Constitution Administrative Law

1.Creation of organs 1.Power to organs

Constitution just creates organs with the This law gives powers to organs.
power of delegation.
2.Dead law 2.Alive law.

It is dead law, as it does not operate any It makes institutions active and thus gives
institution. them life.
3.Law of rest 3.Law of motion

This law creates institution at once and It gives movement to the institutions once
then gets sleep. created by constitution and keeps them
operative forever.
4.Macro level 4.Micro level

It deals all things at bigger level. It deals all things at lower level.
5.Limited scope 5.Widen scope

It is limited in scope. It is widen in scope.

6.Skeleton 6.Entire body

It is mere skeleton and remains It is apart from the skeleton and makes it
incomplete. complete. It is fleshy part of the body.
7.Supreme 7.Ordinary

Constitution is supreme law of the land It is ordinary law in nature and cannot
and can cancel other inferior law but no repeal the provisions of the constitution.
law can repeal it.
8.Origin 8.S

Its origin is parliament Only administrative authority creates it.

9.Subject 9.S

It deals with only three organs. It deals with only administrative matters.
10.Power to delegate 10.S

Can delegate powers. Cannot relegate.

Executive function: All the functions of the public functionaries are called executive functions. They are four in
kinds as follows:

Executive Functions


Executive or Pure Quasi Legislative Action Quasi Judicial Action
Administrative Action


Discretionary Action Ministerial (clerical)
Action
Administrative action: Use of discretionary power is called administrative action. It is such action, which has
choice, option, or wisdom and based upon reason. It is also controlable in accordance to law, which is near to
justice so that no ultra vires can be committed. Powers cannot be used without procedure. Decision, which is
based on injustice or not justifiable, is declared void (ineffective, null and void, nonoperative, not binding).
Discretionary actions are liable to discuss in administrative law. What is discretion? Where a person has option
or choice from many things is called discretion and its use is called administrative action.

Discretionary action must not be based on biasness. Law of suitability plays effective role in administrative
law. It mitigates the chances of corruption. A person having high qualification is liable to be preferred. Mere
seniority is not enough criteria of judgement. If mere seniority is sole determination point then high
qualification shall become useless. A person cannot be debarred on the grounds of high qualification. Higher
qualification is not punishment. Where minimum qualification is merit, person of high qualification is
preferable. Mere high qualification on the perception of his revert (return to previous condition) is not cause of
rejection.

Discretionary actions are also appealable on the grounds of violation of principles of natural justice. They
cannot be taken blindly. Justification is the test to use discretionary actions. If they are beyond the law, they can
be challenged. All executive functions are reviewable.

Discretionary actions must follow three rules, i.e., suitability, seniority, or election. Law binds administrator.
Judicial process dominates executive functions because executive actions are delegated and judicial process is
superior.

Condition of compulsory service cannot be ordered because it forms bonded labour which is against the law. If
consideration of bond has been paid then it would be lawful. Extra benefits provided justify it.

Ministerial action is laborious, without choice, option, and wisdom thus it is not liable to include in executive
powers. Proposal is not choice. Ministerial powers are not subject of administrative law.

Quasi legislation: When rules are made to administer the law and order situation within the limitation
prescribed by law is called quasi legislation thus disciplinary action is termed as quasi legislation rather than
quasi judicial action. It is secondary or departmental legislation. Rules and regulations form quasi legislation.
Incoming and outgoing timings, recess time, leave policy etc., all are examples of quasi legislation. Assembly
does not pass these laws, but merely delegates powers of formulation of rules and regulations to certain
departments.

Quasijudicial action: When decisions are made keeping in view of quasi legislation, they are called quasi
judicial actions. When a person is terminated from service, fined, punished etc. is called quasijudicial action.

Delegated legislation: It is a legislation, which is allowed to make rules and regulations under authority.
Superior authority grants this power. Sovereign grants this authority. It should be noted that delegated
legislation power is not liable to delegate it further. It is mere action of superior authority of law making.

Although it is against the theory of separation of power in which each organ acts in its own sphere and do not
interfere in the matters relating with other organs. But despite of this fact, delegated legislation becomes
imperative as necessary to accomplish the needs and wants of the society.

It does not need any ratification. It may be one man rule, which comes into force at once. Process of lawmaking
is not adopted. There are two methods of lawmaking, i.e., formal and informal.

Formal: Under this method, process of lawmaking or procedure is adopted. This is process of legislature.
Lawmaking speed is slow.

Informal: It is just one order. Under this method neither procedure nor ratification is adopted. It is easy and
comfortable method of lawmaking.
Necessity of delegated legislation: It is a modern trend and also honour that maximum liberty be given to
subordinate agencies. Since the birth of a human being till death, everywhere administrative law governs the
entire matters of everybody. It enlarges the role of government. It makes the role of government also extensive.
Despite of all things government remains unable to produce requisite law to control all the routine matters.

Parliament cannot hold session regularly. It has maximum four sessions in a year. Most of its time is passed in
dealing with the matters of executive nature or political. Parliament cannot indulge in bulk lawmaking. It is
compulsion on the part of legislation. Since parliament is handicapped and incompetent to carry on bulk
enactment so the detailed lawmaking authority is handed over to the subordinate agencies.

No time is left for parliament for detailed lawmaking. Every enactment involves lengthy process, i.e.,
presentation of bill, handing over it to standing committees, reports, detailed consideration and discussion,
voting, signature, transmission to other house, adoption of the same procedure in the transmitted house,
retransmission to the originated house, transmitted house may make any modification or suggests alterations
etc. Reconsideration of bill is sometimes considered the death of bill. This is lengthy and complex procedure of
lawmaking. Parliament cannot afford detailed lawmaking thus transfers it to administrative authorities.
Despite legislation of entire laws, its delegation becomes imperative for legislation thus she transfers her
powers to administration.

People who come in parliament are not generally technocrats and most of them are landlords and fudals. They
do not understand the requirement of byelaws or subordinate laws. They create merely skeleton or mother
legislation. They are mostly neither educated nor interested and expert in detailed lawmaking. All the time
they protect their own interests. They restrict the imposition of agricultural income tax. They create public
functionaries. Public functionaries, onward work for detailed lawmaking. Parliamentarians assign authority to
different bodies, which they create such as Water and Sanitation Agency, Water and Power Development
Authority, Lahore Development Authority, Punjab University, Capital Development Authority, Accountant
Generals Office etc. Since experts run these agencies therefore delegated legislation vests to them. They make
detailed lawmaking to run day to day affairs. This lawmaking also meets the urgent need of the time.

Legislation remains unable to meet the needs of urgency. She does not know how the papers of students are
marked, how the water and electricity connection is disconnected and restored, how the account in bank is
opened and closed, what shall be the rate of profit (interest) etc. Only concerned departments can make such
rules to meet their requirements.

Society is ever changing and requires upgradation every time. It is very difficult for legislation to meet the
requirement of the society. Only relevant agencies can fulfill this requirement therefore they are empowered to
do so to satisfy the need and wants of society rapidly.

This is the age of economics and economics need rapid decisions. Complex lawmaking procedure cannot meet
its urgent demands however it may cause hurdle in economic growth and development. Prosperity and
progress need decisions on spot.

Indulgence of legislature in ordinary lawmaking restricts it in the policy work. Where policy work suffers,
routine work badly affects. Law of parliament cannot be changed till its next session. In order to overcome this
situation this power is delegated. It follows easy ways to enact laws. Complex procedure is not adopted for
enactment thus it meets the urgent needs of society.

Separation of power:

1.Definition:

2.Organs of government:

a)Legislation:
 b)Executive:

c)Judiciary:

3.Theories:

a)Prevention of liberty:

b)One organ and one power:

c)Noninterference:

d)Discharge of own duty:

4.Defect of separation of power:

a)Impossible apparent separation:

b)Obstruction in administrative law/growth:

c)Historically wrong:

d)Hindrance in welfare of state:

e)Obstruction in speedy legislation:

Modes of law making: There are two modes of law making. Under one mode such power is delegated to sole
authority while on the other hand body exercises this power. These modes are categorized as formal and
informal legislation.

1. Formal quasi legislation: Where law making power is vested to body or group of persons and they are
made bound to make law with unanimous or majority decisions, it is called formal quasi legislation.
Mother legislation vests this power. Rules are made in the process of formal quasi legislation. Bodies make
them. They are not made upon the wish of single person.

2. Informal quasi legislation: Where one person is authorized to make law is called informal quasi
legislation. Authority derives this power from Enabling Act. Notification and circulars are kinds of
informal quasi legislation. Lengthy process is no requirement for the process of law making. They are, some
times, made on trial basis. Withdrawal of this quasi legislation is easy.

Classification of delegated legislation: What will be name of law enacted? Enabling Act provides such
provision whether it will be termed as rule, regulation, byelaw etc. In certain circumstances authority is
empowered to determine the nomenclature of the law. Authority determines own at her wish. Following are
the title based terminologies, which are used to differentiate the things:

1.Rules: The term rules is defined in the General Clauses Act, 1897, as made in exercise of power conferred
by any enactment and includes regulations made as rules under any enactment. These rules may be
made applicable to a particular individual or to the general public. It may include rules of procedure or the
rules of substantive law.

2. Orders: Under this category, general principle is laid down. This term has two kinds, quasijudicial
decisions and legislative decisions. As far as former is concerned, it is administrative lawmaking process
while latter is administrative action. Orders have also its two kinds, i.e., binding and nonbinding. It is such
type of administrative action, which refines the policy.
3. Regulations: General Clauses Act defines the laws and nomenclatures. Rules include the regulations.
Government may make rules for detailed legislation. This power fixes the date for the enforcement of an
Act or to grant exemption from the Act or to fix prices. Generally government departments and
autonomous bodies make regulations such as Water and Development Authority, Punjab University,
Pakistan International Airline, Water and Sanitation Authority etc.

4.Schemes: Such legislation, which gradually enforces, e.g., Wahdat Colony scheme etc. Under this category
law authorizes the administration to lay down a framework within which the detailed administrative
action is to proceed. One package is introduced which is granted in parts. How the seats in university shall
be filled in is another instance of scheme.

5.Circulars: Banking or financial institutions issue circulars to inform public certain actions such as National
Bank of Pakistan, Central Board of Revenue, State Bank of Pakistan etc.

6.Notifications: It is same as instructions. Government issues notification to inform public its decision such as
holidays or ban or permission on double pillion. Financial institutions, banks, Central Board of Revenue etc.
issue notifications.

7.Byelaws: This term is used for the ruling of the semigovernment authorities established under the Acts of
legislature. Local government enacts byelaws.

8.Directions: This rule making power may be recommendatory or mandatory. Under mandatory, these have
the force of law.

9.Instructions: Act of administrative authority in which directives are issued is called instruction. Under this
quasi legislation kind attention is diverted toward certain issue. This quasi law making does not afford
exception and has effect over entire subjects. It is permanent in nature. All the employees having
qualification B. A. shall be given allowance of Rs. 700/ is general law thus is covered under instructions.

10. Statute: It is Act of assembly. There are exceptions to this rule. It can also be delegated to autonomous
bodies such as Punjab University. Syndicate of every university makes statue.

Need of distinction: Different names are used to differentiate purpose and the agencies, which pass them. This
distinction is not necessary but creates convenience of understanding. Neither uniform formula of
nomenclature nor the specific name is binding. It is the sweet will of parliament whether she differentiates
among them or not. It is not binding on parliament to follow any procedure for distinction. Parliament can do
everything whatever she wants.

Abuse of power: When parliament gives power to subordinate agencies then it goes against the concept of
separation of power. It is general opinion that this power may not be given to departments because they may
exploit the people. Rights of citizens are affected badly. People gives mandate to the elected people. Elected
people represent common people. They are generally considered trustworthy. They take interest in lawmaking.
They are accountable. They can be questioned. Their mandate is reviewed at the time of elections. They protect
public interest. Pubic may control them. Parliament makes basic law. Parliament makes law to hold Ph. D.

People to whom power of legislation is delegated are nonrepresentative. They are bureaucrats and
technocrats. They are highly qualified, experienced, and skilled. They are educationist, doctors, engineers,
accountants, and lawyers, etc. Despite the above attributes they do not take care of public interest, generally.
They are not accountable. They cannot be questioned. They do not contest in election but undergo from
selection. Public interest is no more important in discharge of their obligations and performing duties. Public
has no control over them. They create detailed law. They frame detailed law as to how admission shall be given
in Ph. D. They frustrate the law or makes law in their own favour.

There was a Noor Khan, horse keeper, the personal servant, resident of Chakwal, having 53 years experience,
engaged with an English man during their occupancy over SubContinent. English man published an
advertisement stating the same qualification meeting with Noor Khan. There was only Noor Khan who could
meet the requisite qualification. In such a way bureaucracy exploits the public. They make schemes in such a
manner therefore schemes are failed.

In Mustafa Town, residential scheme for the teachers of Punjab University was introduced with such
conditions so that opponent teacher may not get its benefit. Therefore scheme could not get its ultimate
objectives. There is no check over the powers of administration. They do not require ratification of their
enactment. Their enactment does not undergo from different stages. Their rules are not published and made
part of cupboards.

Control of delegated legislation: There are certain checks, which control the powers of administration with
regard to delegated powers. They are as under:

1.Parliamentary control: Enabling Act of parliament provides such provisions which delegates and controls
the powers of administrative authorities. Authorities draw their power from Enabling Act of parliament.
How powers shall be exercised and what procedure shall be adopted to exercise such powers is provided in
Enabling Act. In other means all authorities have to follow Enabling Act in all respects which control them.
This defines all procedures. Practically this control is inactive so far.

Parliament is the superior authority in state, which makes laws. This is the parliament, which delegates
certain powers of law making to authorities through Enabling Act. Enabling Act provides all powers,
authorities, definitions, and area to act, making the Act comprehensive. All authorities have to follow the
Act. Neither blind power is delegated nor it is left unchecked. Conditions are imposed. Limits are provided.
Which power is not exercised in such a manner provided in law and does not conform it, has no validity
thus is null and void.

Law making is very lengthy and complex process. It involves readings, standing committees, amendments
proposed by members, voting and transmission to other house, joint session, reconsideration, and finally
assents of president etc. Legislation cannot afford to follow this process for each and every law required to
run day to day affairs, therefore, this authority of law making is delegated with certain provisions to avoid
its abuse.

Ratification is another parliamentary control over the delegated legislation. All authorities have to get
ratified their legislation from legislature. This provision is provided when powers are delegated. Some time
no entire house ratifies it, but merely committee of the house considers it. Simple majority is required to
ratify it.

Question and answer process during the interval period in parliament is also a check, which controls the
arbitrary powers of delegated legislation. Concerned minister has to answer the question.

Private members also can put questions and amendments before voting for ratification. They critically
examine the requirement of the law being ratified. They may also object the contracts such as motor way,
high way, and housing schemes etc.

Private members not only put questions but also may put private bills, which is effective control over the
delegated legislation.

Motion of no confidence is another check to control arbitrary power but this action is not taken so far in
Pakistan, but as far as provision of the control of arbitrary powers are concerned, it is a way to do so.

2. Judicial control: Personal relief to the aggrieved party is granted in judicial process. Whoever makes writ
takes the advantage of relief.

This control comes, under four categories. They are as follows:

 (1) If delegated legislation is against constitution: Delegated legislation may be ultra vires the
Constitution. Legislation declares such legislation null and void after its due consideration.

(2) If Enabling Act is against constitution: Delegated legislation may be ultra vires the Enabling Act.
This ultra vires goes against the Constitution. Legislation declares such legislation null and void after
detailed going through.

(3)If delegated legislation is against Enabling Act: An instrument of subordinate legislation may levy
no tax, fee, or other pecuniary imposition unless the Enabling Act specifically authorizes such
imposition. Where the statute authorizes a local authority to levy tax on buildings on the basis of the
annual rental which a hypothetical tenant may pay in respect of the building, the authority cannot
make a rule authorizing levy of tax at a uniform rate according to the floor area of the premises,
irrespective of its letting value.

(4) Unreasonableness of delegated legislation: Another aspect of substantive ultra vires of delegated
legislation is the question of its reasonableness. If the law enacted is unreasonable, courts declares it
null and void after due investigation.

3. Procedural control: Parliament lays down the procedure by which abuse of administrative power is
controlled. Procedural control mechanism has the potential to meet the above noted requirement by
allowing specific audit of rules by those for whose consumption they are made. Procedural control
mechanism operates in three components such as antenatal publicity, consultation, and postnatal publicity.

(1) Antenatal publicity: It is communication to interested groups before enactment. Publication attracts
suggestions or proposals etc. What shall be punishment of offence, what shall be examination criteria,
what shall be study hours, what shall be the degree name, are the instances in which prior
communication to interested parties is made.

(2)Consultation: Where procedure lays down the prior consultation with potential victims, it must take
place before enactment. S. 22(f) of Industrial Relations Ordinance, 1969, provides such power to
commission for the enactment with prior consultation of government. It is a democratic process thus
increases acceptability and affectivity. Where obligatory consultation is not made, enactment is
declared null and void. President, Vice Chancellor, Federal Government, Provincial Government has
to consult with their respective bodies before going into legislation. These institutions are presumed
guardians of their respective subjects. Answer of this consultation may contain only yes or not.

(3)Postnatal publication: Under this mode, communication to public at large is made after the law has
been made in its final shape. For example, prospectus is provided to students before awarding the
admission. It contains laws, which have been made thus communicated to those over whom they shall
be applicable after getting admission.

Postnatal communication is a necessary element in the rule making process because the dictum that
ignorance of law is no excuse is based on the justification that laws are accessible to the public.

Judicial review: General principles of law are applicable to judicial review, in respect of executive acts. Judicial
review prevents the abuse of administrative powers. If administrative powers are abused what remedy shall be
available? Where option is available there abuse of power exists. Judicial review controls arbitrary powers. It
confines or limitizes the use of arbitrary powers. It also ensures its fair use and provides justice against abuse, if
any.

The scope of judicial review has often depended on whether a given function is classified as judicial or
administrative in nature. The functionaries of State derive their powers from the Constitution or laws and are
required to act clearly within the defined parameters of law.
In administrative action, question whether rights are given or not arises but as far as judicial review is
concerned, right cannot be taken away. Where administrative action takes away the right, judicial action
declares it void. Quasi action may declare someone blacklist. Where someone is deprived from his rights,
reasons are mentioned. Someone can be terminated from service. Grant of license or induction is vested right of
administration.

In judicial process opportunity is provided to aggrieved party. Allegations are proved on evidence. Judicial
review follows procedure.

Executive action does not follow any procedure. Procedure may cause delay in action, which may result in loss.
Omission of procedure is guarantee of expedience of action. Embargo cannot be imposed on discretionary
powers.

Judiciary can declare appointment void if irregularity is observed but cannot name the person to appoint. Right
of appointment again vests to administration. Within limit of law, any person can be appointed. Suitability can
also be preferred. Judiciary cannot interfere in such matters. Discretionary powers solve day to day problems.
Illegality in administrative action makes it void.

1. Error of jurisdiction: When decision is made beyond the limit of law or authority is called error of
jurisdiction. Where order is made without having any authority is error of jurisdiction.

2. Error of procedure: Where particular method is not applied in doing particular thing is called error of
procedure. Where appointment is made without advertisement and call of applications contains error of
procedure. Violation or omission of procedure is error of procedure. Where procedure is not adopted or
wrongfully used?

a) Malafide: Different motives make the administrative action malafide. Acquisition of land for the
purpose of public benefit is right justification but its use for commercial purpose is malafide. Immediate
purpose if proved remote comes under malafide. Where dishonesty is committed is malafide. Benefit
given to one on the price of loss to other is malafide. Transfer is the right of administration, but transfer
cannot be made for the adjustment of blue eyed person. Where there is discrimination there is malafide
intention.

b) Improper purpose: Anything, which is taken for specific purpose should remain for that purpose. It
should not be utilized for any purpose for which it was taken. Specific purpose should be taken into
account. If land is acquired for the construction of grid station, it should be used for the construction of
grid station. Construction of golf club or residence is improper purpose for which land was not
acquired. If the specific purpose is not met, decision can be pronounced void. Any act of public
functionary is supposed within the limits of law. Any person, who alleges it in contravention to the
policy, should prove its illegality or improper purpose. The power given to public functionary is
administrative autonomy for expediency. Administrative autonomy should not go beyond the limits of
law. Ultra vires can be challenged and got declared void, but remedy is not provided. Here law does
not mean the Act of Parliament but mere judicial precedents.

c) Irrelevant consideration: Consideration of the act must be relevant. Act must be interconnected. If a
subscriber applies for the connection of telephone connection and authority imposes condition that
connection shall be provided if he let department allow passing cable from his house is irrelevant
consideration. If college authority refuses to make card for students on the reason that sufficient staff is
not available is irrelevant. Arrangement of staff is duty of college and not of the students.

d)Relationship of the facts to consideration: Any matter, which is being considered, should be relevant
and must have some relationship. If police can make peaceful apprehension, use of force leads
irrelevancy. If alleged accused runs away and avoids apprehension, then police can use force to arrest
him. Such use of force has relationship of the facts to consideration.
 e)Mixed consideration: Executive authority exercises power. Reasoning of use of power may or may not
relevant. Relief is granted where consideration is mixed with relevancy and nonrelevancy. If sewerage
facility is provided due to avoidance of public nuisance and nearness of office is termed as mixed
consideration. If sewerage is provided due to avoidance of public nuisance it is relevant consideration.
Where sewerage is provided due to nearness of office is irrelevant consideration. Where both
considerations are put together is called mixed consideration.

f) Ignoring relevant consideration: Where strong relevant factor is ignored and less important factor is
considered is called ignoring relevant consideration. Irrelevant matters are taken into account rather
than relevant ones. Where societies are formed in college based on interview and experience of
individuals and the experience considered is short in the presence of long experience, it is called
ignoring of relevant consideration. It is challengeable. Defective selection is liable to announce void.

g)Colorable exercise of power: Any abuse in nomenclatures with colorable exercise of power. Any abuse
gives its own colour.

h)Unreasonability: Every action should be reasonable. All people must be treated equally. Treatment of
one should remain with others. Equity & equality is justice. Confirmation of employee is discretion of
administration but causing delay in confirmation without any reasonable cause is unreasonable. Also
discrimination in confirmation is abuse of power. Where other employees are confirmed after
successfully completion of probation, no one should be left alone.

i)Refusal of discretionary power: Where law gives powers but it is not used with own determination is
called refusal of discretionary power.

i)Nonconsideration of the matter of the authority itself: Where higher authority passes out of turn
order to do something and lower authority accepts such order irrespective of discretionary power is
termed refusal of discretionary power.

ii) Acting under dictation: Where authority having discretionary powers fails to act upon own
determination and interference of others decides matter is denoted acting under dictation.

iii)Imposition of limitation on the discretionary powers: If the action is taken blindly without hearing
of other party is called imposition of limitation on the discretionary powers. Where policy negates
discretion comes under this heading.

iv) Acting mechanically: Every officer is bound to examine carefully whichever he has to sign. If he
relies upon junior and signs without examining the document is action mechanically. Where use of
mind lacks is mechanical act. Mere signatures are insufficient. Noting is necessary which shows
consideration before approval. Grounds of approval should be mentioned own.

3. Error of judgement: Decision by the QuasiJudicial Authorities not based on reason, i.e., unreasoned
decision.

a) Absence of the principles of natural justice: Administrative decisions are based on the principles of
natural justice. Where these principles are not adopted, judgement remains with error.

b) Decision made having malafide intention: Where judgement is made prior to hear matter under
dispute is termed malafide intention to pass judgement thus void.

i) Personal interest: Where justice admits personal interest of the authority passing it is personal
interest thus it is error of judgement. Judgement must be without having personal interest. Personal
interest weakens the essence of justice.
 ii) Prejudiced: Where an employee makes complaint against higher authority and higher authority
ceases his electric or water supply, it is termed as act with prejudice thus comes under error of
judgement. It may be of two ways as under:

(1) Decision made not in accordance with law: Law is total ignored and judgement made lacks
application of law.

(2) Decision falls only on the sweet will of Quasi Judicial Authorities but not on law: Not only
law is ignored but decision is made merely on the sweet will of the management.

(3)Abuse of administrative autonomy: Every decision by such authorities has the respectful status
in the eyes of Court except if such authorities cross the limits of law/commits ultra vires of the
law.

Judicial review of administrative action:

1.What is judicial review:

2.Why judicial review:

3.When review is made:

a)Redelegation:

b)Acting under dictation:

c)Want of jurisdiction:

d)Irrelevant consideration:

e)Malafide action:

f)Improper use of power:

g)Avoid principles of natural justice:

h)Personal liking:

i)Personal interest:

4.Limitation of review:

a)Avoid replacement of administrative action:

b)Avoid imposition of opinion:

c)Confined review on question:

d)It is not appeal but circumstances:

5.Object of review:

a)Prevention of excessive use of power:

b)Protection of constitutional rights:

c)Discourage of abuse of power:

 d)Establishment of rule of law:

e)Prevention of alternative legislation:

f)Preference of duty on interest:

g)Adherence of principles of natural justice:

Remedies against abuse of judgement: Whoever uses discretionary powers either delegated legislation or rule
application or quasijudicial may abuse such power. Law provides remedies against abuse of such powers.
There are three types of remedies, i.e., quasijudicial, constitutional, and Ombudsman.

1.Quasijudicial remedy: It is a remedy, which is available against the administrative actions. It is available
in tribunals and internal inquiries. Executives itself establish tribunals. Jurisdiction of tribunal is beyond
judicial jurisdiction. They are under judiciary but judiciary does not interfere in the matters pending
therein. Appeal lies in High Court against the decisions of tribunals.

2.Constitutional remedy: Constitutional or judicial remedy is available where any irregularity is committed
in executive and judicial matters. Five writs are available under Article 199 of the Constitution.

3. Ombudsman remedy: This right is available where aggrieved party leaves to institute suit in civil Court.
Any individual grievance can be invoked in the office of Ombudsman. Individual cannot approach
Ombudsman directly unless he does not approach relevant authority. Proof of application to concerned
authority must be produced. This office has not coercive means to enforce its decisions but mostly decisions
are obeyed. Procedural law is not applicable in this office. Order of the Ombudsman becomes the base of
writ if not complied with.

Natural justice: It is a theory of law based on good consciousness, honesty, equality, truth, uprightness, good
faith, fairness, ethics, and morality etc.

According to the Osborns Law Dictionary, natural justice is defined as the rules and procedure to be followed
by any person or body charged with the duty of adjudicating upon disputes between, or the rights of other,
e.g., a government department.

Natural justice is permanent in general. It is revealed by Almighty Allah and preserved in Quran. It is
unchangeable and beyond the formulation of man. It has permanent values. It cannot be altered as with the
man made law is.

The chief rules are to act fairly, in good faith, without bias, and in a judicial temper, to give each party the
opportunity of adequately stating his case, and correcting or contradicting any relevant statement prejudicial to
his case, and not to hear one side behind the back of the other. A man must not be Judge in his own cause, so
that a Judge must declare any interest he has in the subject matter of the dispute before him. A man must have
notice, of what he is accused. Relevant documents, which are looked at by the tribunal, should be disclosed to
the parties interested. In short, not only justice should be done, but it should be seen to be done.

A quasijudicial authority adopts the principles of natural justice while discharging the matters in decision
making. These principles are not applicable in courts of law. This law is binding for quasijudicial authority.
This law is exercised during the determination of public right particularly when it is taking off. But where the
legal justice is exercised there principles of natural justice do not apply. Where such principles are not
followed, decision made by the authority is declared null and void.

On the other hand legal justice involves the provisions of law enacted by legislature and followed by the civil
and criminal courts. It is applicable only in courts of law and not elsewhere. It consists on man made laws
which are altered as and when required. They follow legal procedure violence of which renders them illegal.
Procedure on natural justice: Application of natural justice remains defective if the following procedure is not
applied:

1.Notice: This is the summoning the other party. Rule of natural justice includes proper notice to be served to
the party, opportunity to be given to the party of hearing and defence.

2. Communication of allegations: Allegations imposed must be communicated to the party. No one should
be surprised. Allegations should come into notice of the person who has to defend his case.

3. Fair right of hearing: There is a maxim audi alteram partem means hearing of the other side. No one
should be condemned being unheard. It is one of the principle of natural justice. Hearing should be
detailed and opportunity of hearing in writing should also be given. Reasonable time is given for inquiry.
Normally 7 to 14 days are given to hold inquiry. Place where hearing is to be conducted should also be
reasonable. It may either be place of working or office of the inquiry officer. Officer of the same department
should avoid holding inquiry. Respondent is provided full opportunity to express himself. Production of
witnesses and crossexamination to witnesses is also one of the requirement of the principles of natural
justice. Opportunity of documentary proof is provided. Unnecessary discussion is not allowed. The courts
have held that giving notice to the party concerned is not adequate in all cases. The party should also be
afforded reasonable opportunity of producing his defence.

4.Communication of judgement: Once the case has been decided, its communication is made to respondent.
Secret decisions are not allowed. Reasons are also communicated on which decision is made. Mere
communication of decision is insufficient if the reasons are not attached with it. Appeal to higher authority
is made within ten (10) days.

5.Rule against bias: Judge cannot be Judge of his own cause. There are three kinds of biases such as:

a) Personal bias: Where Judge commits favourism due to any reason certain or uncertain is called
personal bias. It may be due to personal friendship, family relations, personal and vocational
relationship, or employer and employee relationship etc.

b) Official bias: Where proof of personal ill will lacks but abnormal desire is proved to uphold a
particular departmental policy which would prevent an impartial adjudication of the dispute is called
official bias.

c) Pecuniary bias: Where Judge himself derives some financial benefits from the litigants, it is said that
Judge cannot be qualified in such type of cases.

6. Right of higher authority: Right to investigate the case is the right of higher authority as compare to the
defendant. Inquiry officer must be senior officer. Whoever qualifies being a senior or higher is the question
of fact and not of law. Person having equal or lower position cannot determine the rights of others.

This is the procedure which quasijudicial authority has to follow. Violation of this procedure renders the
decision null and void.

Remedies against quasijudicial decision: Law prescribes following five remedies as against quasijudicial
decision:

1.Extra ordinary judicial (public) remedy: This is also termed public remedy or remedy of High Court and
Supreme Court. Articles 184 and 199 of the constitution govern this type of remedy. Law prescribes five
prerequisites to avail this remedy as such:

a) Locus standi: It means the person who has the right to knock at the door of the Court. A place of
standing. The right to be heard in Court or other proceedings. Followings are eligible to get this
remedy:
 i) Aggrieved party: Under Article 199 of the Constitution Certiorari, Mandamus, and Prohibitory
writs are available for the party whose legal rights are violated due to act of public functionary.
Violation of legal right either directly or indirectly leads aggrieved party to go to High Court. This
prevents the multiplicity of litigation. This is notable that only aggrieved party is capable to avail
this sort of remedies. Where some loss is proved which is not too remote but proximate, this writ is
available.

ii)Any person: Under Article 199 of the Constitution Habeas Corpus and Quo warranto are available.
Application to High Court is converted into writ. It is applicable in the cases where interest of
particular locality is suffered. Only the person from such locality is subject to bring writ.

It is related to the suffering of particular locality and only the person from that locality may bring
writ against public functionary. Person from remote area cannot bring writ.

iii)Suo motu: This is the action of Court either at its own motion or on application. This remedy is not
provided under constitution but inherent powers of Court govern it. S. 561 A of Code of Criminal
Procedure deals with it. Also S. 151 of Code of Civil Procedure deals it.

iv)Public interest litigation: This type of remedy is different than of all. Where aggrieved party exists
but due to any problem, it is not able to put writ petition, there any relevant party comes to assist
him in litigation. Person living in Peshawar cannot move writ petition for the aggrieved person at
Lahore. It is discretion of Court to provide remedy upon the recognition of right. Any lawyer can
move writ petition where WASA commits default in filling of pits on roads made during line
lowering. Lawyers himself are not aggrieved party in a case where they put writ to Court for public
benefit.

Mere suffering of one is person is insufficient. There must be suffering of some other persons.
Demolition of post office from the present location of Gulberg near Home Economics College to
another is one of example. Writ was issued without remedy.

People who were suffering with the pollution arising out from Margalla Hills were shifted to
another place in result of writ made by the social society of Islamabad.

b) Alternative remedy: What a person shall do where a public functionary commits wrong? He has to
move writ for review. But writ for review cannot be moved until the civil suit, Ombudsman, and
administrative remedies are not exhausted. Where justice is slow and expensive and no effective
remedy is available, alternative remedy fills the space. Direct approach to High Court is discouraged.
Alternativeremedy without adequate remedy is denial of justice. Upon the commission of wrong of
public functionaries, remedy provided by Ombudsman and civil courts are not considered sufficient.

Article 199 of the Constitution and S. 9 of Code of Civil Procedure, debar to Civil and High Court to
hear case where writ jurisdiction lies to tribunal. Where employee is bound to invoke to Punjab Civil
Service Tribunal, he cannot make writ to Civil or High Court. Direct approach constitutes contempt of
Court.

c)Discretionary remedy: According to Code of Civil Procedure all suits nature of which is civil should go
to civil courts except which are expressly or impliedly barred. Sometime judiciary recognizes the right
but remains fail to provide remedy. Dissolution of governments has always been opposed without
remedy to the government dissolved. This can also be termed remedy without remedy.

d) Doctrine of Laches: It means negligence or unreasonable delay in asserting or enforcing a right. The
equitable doctrine, that delay defeats equities, or that equity aids the vigilant and not the indolent. A
Court of equity has always refused its aid to stale (old, dry) demands, where a party has slept upon his
rights and acquiesced (agree, comply, consent) for a great length of time. Nothing can call forth this
 Court into activity but conscience, good faith and reasonable diligence, when these are wanting the
Court is passive and does nothing.

When an equitable right is analogous to a legal right, which is subject to a period of limitation in brining
actions to enforce it, the Court of equity may by analogy apply the same provision to the equitable
right.

e)Illegality not unsuitability: Only question of law, e.g., Public Functionary posted a person to do job on
rotation basis, he cannot file a petition in Court that this job is not suitable for him. But where authority
transfers a person malafide, he can file petition in Court and challenge such malafide intention but it
should be appeared on the record.

i) Either law determines the rights and duties or not: Court can interfere where rights and duties
both are involved.

ii)Not on the question of suitability: Suitability is not the sole methodology to determine promotion,
but it can be the point of determination.

f)Relief if public functionary commits ultra vires of the law: Where public functionary remains fail to
implement law and commits ultra vires of law, he is liable to punish.

g)Court cannot resist public functionary but in case of ultra vires of the law: Under discretionary power
of the public functionaries, Court cannot interfere in their matters but only can divert their attention to
prevent the commission of wrongs.

h)Court cannot replace the administrators discretion: But only on the merit/illegal act.

i) Decision by Court only dependable on illegality by Public Functionary and not suitability: Where
public functionary commits wrong so far as legality is concerned, Court can prevent them in doing such
thing but suitability is apart from the jurisdiction of the Court.

2.Ordinary judicial (private) remedy: Section 9 of Code of Civil Procedure provides such type of remedy.

3.Administrative remedy: Higher authority of the same department or organization is referred to do justice.
Termination of three students from Punjab University Law College can be referred for review to Vice
Chancellor who is the highest authority in the university.

4.Tribunal remedy: High Court is not directly approached until the higher authority has not been exhausted
before going to Court.

5.Ombudsman remedy: This remedy is available for all cases which are individual in nature. Where case is
pending in Court of law, this office is unable to hear against such case. Parallel or simultaneously remedies
are not provided. Before going to Ombudsman, it should be proved that chance of relevant authority has
been availed.

Public remedy: Under Articles 184 and 199, no discretion is allowed. Courts are bound to give decision. Relief
may not be granted. Limitation does not matter, either in writs and criminal cases. They may be brought in
Court within reasonable time period.

Public functionaries have right to decide cases. Courts have no right to interfere in their functions. Court may
declare their decisions null and void but in all cases, public functionaries have to settle cases and not the courts.
Also they have to adhere the limitation of law. They enjoy administrative autonomy. They determine
suitability in public interest. Relief is granted where ultra vires are committed. Courts do not substitute or
replace the decisions of public functionaries but may declare void.
Writs under Constitution: Public remedy means the remedy as against the public functionaries. They are five
in nature by law as follows:

1.Mandamus: It reveals from mandatory. It means, we command. A high prerogative writ which issued in
the Kings name from the High Court of Justice on application to the Kings Bench Division, to some person
or body to compel the performance of a public duty, where no other effective means of redress was
available. It has been replaced by an order of mandamus.

Under this writ, Court orders to public functionary to act in such a manner complained. It binds public
functionary by law to do certain act necessarily. If he refuses to do, writ of mandamus is instituted. It was
issued against Army Courts during the regime of Nawaz Sharif.

When issued: When public functionary fails to do which is his duty.

Object: It objects to compel the public functionary to do duty or certain thing.

Against whom issued: Public functionary who negates his duty to do.

Who may apply: Any aggrieved person may apply for the issuance of this writ.

2. Prohibition: It is reverse of mandamus. Under this writ, Court binds the public functionary not to act in
such a way complained against. Where public authority acts, which is prohibited, writ of prohibition is
issued. Court prevents authority to do certain act. It is just like stay order.

A writ formerly issuing out of the High Court to restrain an inferior Court from exceeding its powers.
Prohibitions were of three kinds, i.e., an absolute prohibition was peremptory, and wholly tried up the
inferior jurisdiction, a temporary prohibition (a prohibition quousque) was operative only until a particular
act was done, and was ipso facto discharged on the act being done, a limited or partial prohibition (a
prohibition quoad) extended only to that part of the proceeding which exceeded the jurisdiction of the
inferior Court, allowing it to proceed as to the residue.

Meaning of prohibition: It means not to act in such a way adopted.

When issued: When public functionary having no powers to do certain thing.

Object: It objects to keep in limits the public functionary.

Against whom: It is issued against public functionary to whom prohibition is required. It is not issued
against private person.

Who may apply: Any aggrieved person may apply.

3.Habeas corpus: It is illegal detention made by public functionary or government official. High Court orders
writ for production of the person so detained.

Where a private person makes such wrongful detention or restriction, it amounts kidnapping thus the writ
of habeas corpus cannot be got issued.

S. 100 of Code of Criminal Procedure empowers Magistrate for the issuance of orders for the search of
person wrongfully detained.

It is a prerogative writ directed to a person who detains another in custody and commands him to produce
or have the body of that person before the Court.

Meaning of habeas corpus:

 When in illegal custody:

When in government custody:

Order against whom: Government and private.

Who may apply: Everyone may apply for the issuance of writ of habeas corpus.

No in criminal cases:

4. Quo Warranto: It is a common writ against any public functionary as to why he has acted without
jurisdiction or authority. His action is malafide. His action is declared as void if not justified before law.
When power or authority is used without any lawful justification then writ of quo warranto lies.
Constitution of Army courts during Nawaz Sharifs regime is one of example whose nullity was declared
under this writ. Where any appointment is made without lawful justification is also subject of this writ.

Meaning of quo warranto: Act without jurisdiction. How you posses jurisdiction? As to why you have
acted without jurisdiction?

When issued: When appointment is illegal.

Against whom issued: Can be issued against Prime Minister, Advocate General, Judges of High Court,
Attorney General, Speaker of National Assembly, Chairman of Senate, and Accountant General.

Object: This objects to discourage the illegal possession of position and act without jurisdiction.

Who may apply: Any aggrieved person may apply for the issuance of writ of quo warranto.

5. Certiorari: A writ directed to an inferior Court of record, commanding it to certify to the Queen in the
High Court of Justice some matter of a judicial character. It was used to remove civil causes or indictments
from inferior courts of record into the High Court, that they may be better tried, or if there has been abuse
or error, retried.

Every administrative action is reviewable except in two cases, i.e., disciplinary forces such as police, army,
airport security force etc. and tribunal cases. In two cases right of writ is not available.

What is certiorari: Request for the record of case. It made by a High Court to lower court that previously
reviewed the case.

Private remedy: This is also called ordinary civil remedy. When case is tried in civil Court then remedy of High
Court extinguishes. These remedies are available in UK and USA frequently but not available in Pakistan and
India. In UK and USA public functionary can be sued as common person. In Pakistan lengthy process is
involved into it. Two months notice is required to public functionary before going to Court. Head of
Department responds in relation to notice. If such permission is not granted, no suit shall lie. State affairs are
protected and kept concealed from disclosure. These both are also called judicial or constitutional remedies.
Rests are called quasijudicial remedies.

District Judge has not sufficient powers to compel public functionary to produce relevant record. High Court
may require such record. Institution of suit against public functionary is not easy job. There are three types of
private remedies available against the wrong committed by public functionaries. These can be categorized as
follows:

1. Declaration: It declares the act of public functionary void. Since the act is wrong thus declared void. It
merely declares right.
 The origin of declaratory action in English law is said to be equitable. A declaratory action signifies a
judicial remedy, which conclusively determines the rights of the parties. Any person entitled to any legal
character, or to any property, may institute a suit against any person denying or interested to deny, him
title to such character or right. And the Court may in its discretion make therein a declaration that he is so
entitled, and the plaintiff needs no in such suit as for any further relief.

Declaratory suits can also be filed against government bodies, local authorities, and statutory authorities.
Grant of declaratory decree is a matter of discretion with a Court. A party who comes to the Court with
unclean hands is not entitled to declaratory decree. Declaratory relief can be refused where the declaration
sought appears to it either useless or anfractuous one (turned into the wind).

2.Damages: Damages are available in civil courts against public functionaries. They can be prayed as in tort.
Where fine is imposed to public functionary, it causes their dismissal from service. Damages do not cause
removal from service.

In Pakistan and India, a distinction is drawn as a result of the historical developments between the local
authorities and the statutory corporations, on the one hand, and the state, on the other for the purposes of
an action for damages.

3.Injunctions: Order 39, Rules 1 and 2 of Code of Civil Procedure govern injunctions. Perpetual injunctions
are granted under Specific Relief Act. It is merely prevention to do certain act, which is prohibited. It is
prohibited in UK under Crown Proceedings Act, 1947. But these are granted in Pakistan. They are not
considered as effective remedy. Civil Court may issue injunctions against public functionaries.

Historically, the injunction has been as wide as prohibition in its functions in English law. Injunction is a
judicial process by which one who has invaded or is threatening to invade the rights, legal or equitable of
another, is restrained from continuing or commencing such wrongful act.

Federal Ombudsman: It is forum for quasijudicial remedy. Office of the Ombudsman does not work like
tribunals. This office does nothing except compromise as between the parties. This office just passes order
compliance of which seeks the sweet will of the department concerned. This order just determines rights and
not their enforcement. It is not judicial setup.

Appeal: Appeal can be made against the order of Ombudsman before president. Order of the president is
considered final.

Constitution: President appoints Ombudsman for a period of five years. No subsequent appoint is made.
Status of the Ombudsman is as equal to the judges of Supreme Court.

Qualification: He must be the Judge of the Supreme Court or qualified as the Judge of Supreme Court.

Jurisdiction: Its jurisdiction covers all the departments of federal government. Complaints against negligence,
mal administration, corruption, inefficiency, abuse of power, misuse of authority and processes are the areas,
which are subjects of federal Ombudsman.

Enforcement of orders: Implementation of the order of Ombudsman depends upon the sweet will of
government. This office has no direct power to enforce its orders as tribunals have. Only the will of the
government is the sole way to enforce its orders.

Most favourite complaints: WAPDA, WASA, Education, Labour, Telephone, and Sui Gas etc. are the most
favourite department against whom public lodges complaints usually.

Limitation: Limitation Act is not applicable for the institution of complaints before Ombudsman. But
complaint should be lodged as soon as possible. Delay does not cause failure of administration of justice. No
Court fee is applicable on complaints.
Verification: Verification is the one of important part of the complaints lodged before Ombudsman. It states
that this case is neither pending in courts, nor this case has been decided in courts. Here principle of res
subjudice is applicable. All the contents of the complaint are true and correct. Complaint was made to the
authority concerned for remedy but it is left without remedy.

Exemptions: Security forces are exempt to complain. Special procedure for application is not necessary.
Complaints against corporations are also cannot be lodged. Grievance should be individual and not of the
nature of public. Complaint should be against the department and not against individual.

Annual report: Both federal and provincial Ombudsmen prepare their annual reports and submit them before
president and governor respectively.

1.Judge of own cause: There is a maxim that no one should be Judge of his own cause. It is in contrast of the
principles of natural justice. Following are the reasons:

a)Against natural justice:

b)Personal interest:

c)Legal interest:

d)Pecuniary interest:

e)Other interests:

2.Duty of Judge: He is duty bound to transfer the case against which he has taken cognizance.

3.Kinds of bias: Following are the kinds of bias:

a)Personal bias:

b)Pecuniary bias:

c)Subject wise bias:

i)Personal liking:

ii)Departmental bias:

iii)Act under dictation:

Consequences will ensure where natural justice is not followed:

1.Definition:

2.Principles:

a)No one should be Judge of his own cause:

b)audi alteram partem:

3.Ingredients:

a)Notice:

b)Hearing:
 c)Date, time, and venue:

d)Clear:

e)Communication of allegations:

f)Communication of judgement:

g)Rule against bias:

h)Punishment only on allegations alleged:

i)Right of higher authority:

j)Authority of different department:

k)Evidence:

l)Defence:

m)Representation through advocate:

n)Right of denial:

4.Consequences:

a)Appeal shall lie:

b)Abuse of power:

c)dissatisfaction:

d)writs:

e)declaration:

f)damages:

g)injunctions:

h)remand:

i)retrial:

Rule of law:

1.definition:

2.Sources of rule of law:

a)Constitution:

b)Customs:

c)Conventions:

d)Religion:
3.Principles:

a)Everyone is subject of law:

b)Equal:

c)Indiscrimination:

d)Protection of rights:

e)Double jeopardy:

f)Retention of property:

g)Impartiality:

h)No torture for confession:

4.Defects:

a)Exception with regard to king: He can do no wrong.

b)Prerogative powers of king: He can issue passport.

c)Discretionary powers: King can give or cease citizenship.

d)Postal censorship: Letters can be checked.

e)Public Authorities Protection Act: It protects public authorities.

5.Meaning of Rule of Law:

a)Law and Order:

b)Determination of rules:

c)Extinction of discretionary powers:

d)Legal procedure:

e)Application of natural justice:

f)Review against administrative action:

g)Authority of civil court rather than tribunals:

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