Assignment # 1 CONSTITUTIONAL AND ADMINISTRATIVE LAW CONSTITUTIONAL LAW State and Government State and government means and

includes politically organized people, a nation, independent government, definite territory, capability to hold the territory, international recognition and a Constitution. WHAT IS LAW? Law is simultaneously a right and a duty. Right means to do, use or hold the exclusion of others. KINDS OF RIGHTS Private Rights Private Right Public Right Constitutional Right Legal Right Fundamental Rights Contractual Rights Human Rights WHAT IS JUSTICE Distributive Justice By the parliament by law making Bad laws injustice to the people Good laws: More rights to the citizens more justice to the citizens Corrective Justice By the courts It is restoration of the rights Restoration by force of the state CRIMINAL AND CIVIL JUSTICE Criminal justice Only by the courts No private revenge is allowed In criminal justice punishment is awarded Criminal courts are available in the country something to

Civil justice You have the option to seek justice from the courts or from your own appointed arbitrators. No punishment is awarded, only restoration of monetary loss to the other party is awarded. Civil courts are available to this effect. WHICH ORGAN IS SUPERIOR? No organ of state is superior to each other. They all are sub-servient to the constitution. They are to ensure public welfare. Only constitution is superior. CONSTITUTION LAW DEALS WITH TWO KINDS OF QUESTIONS Political questions Legal questions CONSTITUTIONAL LAW Law which enforces Constitutional Rights and Duties. It deals with Constitutional Issues/ Disputes. Constitutional law is that which provides an answer to a Constitutional issue, dispute and questions. CONSTITUTIONAL ISSUES AND DISPUTES The issues and disputes which are to be resolved by the way which is provided by the Constitution. CONSTITUTION OF PAKISTAN, 1973 Parts I: Introductory. II : Fundamental rights and principles of policy. III : The federation of Pakistan. IV : Provinces. V: Relationship between federation and provinces. VI: Finance, property, contract and suits. VII: The judicature. VIII: Elections. IX : Islamic provisions. X: Emergency provisions. XI : Amendment to the constitution. XII : Miscellaneous. SCHEDULES : 07 AMENDMENTS : 17

ADMINSTRATIVE LAW Administration of a State Three organs of state: Parliament Judiciary Executive Functions of Political Executive Policy making Accountable to the Parliament Not accountable to the courts KINDS OF EXECUTIVE Political Executive Cabinet, Prime Minister and President Bureaucratic Executive (Administration) Permanent employees FUNCTIONS OF POLITICAL EXECUTIVE Policy making, Accountable to the Parliament, Not accountable to the courts FUNCTIONS OF BUREAUCRATIC EXECUTIVE To carry out policy of the political executive subject to the law REMEDY AGAINST MISUSE OF EXECUTIVE POWERS Judicial Remedy Supreme Court, High courts and Lower courts QUASI JUDICIAL REMEDY Wafaqi Mohtasib and Provincial Mohtasib ADMINISTRATIVE REMEDY Political Executive and Senior officers

Assignment # 2 ADMINSTRATIVE LAW ADMINISTRATIVE LAW It has two kinds as following: 1- Law 2- Administrative ADMINSTRATION OF A STATE Three organs of state: Parliament Judiciary Executive WHY POLITICAL EXECUTIVE? People want to make law by themselves (they elected Parliament). People want to implement the law by themselves (they elected executive). FUNCTIONS OF THE POLITICAL EXECUTIVE To perform Constitutional Functions To carry out of the Parliament will To make Policies Accountable to the Parliament BUREUCRATIC EXECUTIVE Permanent employees of the executive organ of a state are called bureaucratic executive. From peon to secretary come under bureaucratic executive. Bureaucratic executive is called administration. Administrative law primarily deals with it. ADMINISTRATIVE POWERS Pure Executive Powers Tax collection, maintenance of law & order other public welfare activities Legislative Powers Making of Rules and regulations Judicial Powers Revenue courts; taxation officers; officers of the registrations offices, etc

FUNDAMENTAL FEATURES OF BUREAUCRACY Permanent structure Professional element. A vertical hierarchal structure [Division of authority] Division of work Impartiality Use of authority under a procedure Accountability Official business through written document

REMEDY AGAINST MISUSE OF EXECUTIVE POWERS Judicial Remedy The supreme court High courts Lower courts

Quasi Judicial Remedy Wafaqi Mohtasib Provincial Mohtasib

ADMINISTRATIVE REMEDY Political Executive Senior officers

Assignment # 3 SEPARATION OF POWER AND DIVISION OF POWER SEPARATION OF POWERS AMONG Parliament Judiciary Executive DIVISION OF POWER BETWEEN Federation and Provinces NATURE OF POWER Legislative power Executive power Judicial power SEPARATION OF POWER IN PAKISTAN Our all Constitutions maintained spirit of the Govt. of India Act, 1935. Parliamentary form of Govt. followed like U.K. Strong executive was maintained. 1973 Constitution is a big move made to bring some balance in this regard. LEGISLATIVE POWER Law making power is with the Parliament. Laws are for good governance of the country. Laws for the executive are to be made the Parliament. Laws for the judiciary are to be made by the Parliament and no laws, no power to the executive and judiciary. EXECUTIVE POWER The constitution provides executive power to the executive; The cabinet and president are heading the executive; Separation of power in parliamentary system does not exist in true sense; Cabinet is dependent to the Parliament but practically it is in a position to maneuver; In Pakistani constitution, the cabinet and president have constitutional power independent from the parliament; Pakistani constitution is mixed form of parliamentary and presidential form of governance and Executive is strong in Pakistan. IS FEDERATION STRONG IN PAKISTAN? More legislative powers with federation. More executive powers with federation.

Powers vide emergencies provisions under Art. 232 to 237 with federation. More financial resources with federation. Federation may issue directions to provinces under Art. 149. Acquisition of land for federal purposes under Art. 152 Audit of provincial expenditures with federation. Governors from federation. Chief Secretary and IG Police from federation. Federal services quota in Provinces. Election Commission from federation. Strong federal judiciary appointed by federation

JUDICIAL STRUCTURE IN PAKISTAN Constitutional judiciary. Statuary/ legal judiciary. Federal judiciary. Provincial judiciary. The subjects of law and justice are given in Concurrent Legislative List. SUPREME COURT AS GUARDIAN OF THE CONSTITUTION Check on the Parliament Supreme Court can invalidate a law made by Parliament or Provincial assembly if violating fundamental rights. Supreme Court can invalidate a law made by Parliament or Provincial assembly if violating basic structure of the constitution.

Check on the Executive Under Article 190, all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Under Article 184(3) Suo motto power against administrative actions with Supreme Court; and Under Article 199 High Court power against administrative actions.

Assignment # 4 RULE OF LAW WHAT IS LAW? Constitution is a law. Acts made by the Parliament are laws. Customs of the people are laws. Decisions of the Superior Courts are laws. Principles of the Natural Justice are laws THE RULE OF LAW Rule by the people themselves. Rule by the law as made by the people. People not only have the duties but rights also. King is not above the law. King and people both are accountable ELEMENTS OF THE RULE OF LAW The absence of arbitrary power; Equality before the law; and State to be run in accordance with the law. RULE OF LAW AND ADMINISTRATIVE LAW Administrative Law Deals with The law which deals with the government functionaries. It deals with their powers and duties. Public disputes against the Government functionaries. Disputes of the public officials against the Government

PUBLIC DISPUTES AGAINST GOVERNMENTS OFFICIALS More of our actions are controlled by law. Law is in the hands of Govt. officials. They arrest you. They impose tax on you. They refuse you to give admission in the university. They send you an arbitrary electricity billetc.

IGNORANCE OF LAW AN EXCUSE (A PROPSITION) One has committed an offence. Police comes to arrest him.

You question under which law, police is arresting you. Police mentions you a particular law. Could you ask the police to show a copy of that law

PROTECTION OF LAW IS A RIGHT It is inalienable right. If there is a law, you can claim right under that. No discrimination for protection of a few ones and denial to the others. Not prohibited by law A person can do every thing. A government official can stop him but after getting approval of the parliament.

The Article 4 can not be suspended even in Emergency under the Constitution

Assignment # 5 THE RULE OF LAW DEFINITION The rule of law is a legal maxim that states no person is immune to law. The phrase has been used since the 17th century, but the concept can be traced to ancient Greece. Aristotle put it this way: "law should govern". Rule of law stands in contrast to the idea that the sovereign is above the law (rex lex), a feature of Roman Law and other legal systems. One way to be free from the rule of law is by denying that an enactment has the necessary attributes of law. The rule of law has therefore been described as "an exceedingly elusive notion" giving rise to a "rampant divergence of understandings". At least two principal conceptions of the rule of law can be identified: a formalist or "thin" and a substantive or "thick" definition of the rule of law. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law. I. Introduction to the Rule of Law

Politicians, lawyers, economists and policy-makers often use the term rule of law to characterize a certain type of legal-political regime. As the pace of globalization has increased in the past two decades, many developing countries have prioritized their policy agendas to promote the rule of law. This FAQ provides an introductory explanation of the concept of the rule of law and how it relates to development. It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law. II. What is the Rule of Law?

The rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. Generally, however, it can be understood as a legalpolitical regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding how a country functions. In the most basic sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power. A. Elements of the Rule of Law In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:

1. Laws must exist and those laws should be obeyed by all, including government officials. 2. Laws must be published. 3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed. 4. Laws should be written with reasonable clarity to avoid unfair enforcement. 5. Law must avoid contradictions. 6. Law must not command the impossible. 7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed. 8. Official action should be consistent with the declared rule. Standing alone, these eight elements may seem clear and understandable. But they are actually difficult to implement in the real world because governments are often compelled to prioritize one goal over another to resolve conflicts in a way that reflects societys political choices. For example, making too many laws that are too detailed and specific may make the legal system too rigid. Inflexibility could cause the courts of a country (judiciary) to neglect the human element of each particular case. Additionally, instead of only applying prospectively, some laws are meant to apply retroactively, or to past conduct, because they were passed with the specific intent of correcting the conduct in question. Fuller recognized these conflicts and suggested that societies should prepare to balance the different objectives listed above. B. Beyond Fullers Elements Fullers criteria is helpful in understanding the rule of law because it outlines the types of rules, or formal constraints, that societies should develop in order to approach legal problems in a way that minimizes the abuse of the legal process and political power. The rule of law, however, extends beyond mere regulations and is also shaped by the socalled institutional constraints on government implied in Fullers elements. One such institutional constraint is the existence of an independent judiciary; another is developing ways of promoting transparent governance. Informal constraints, such as local culture or traditions that may encourage citizens to organize their behavior around the law, also help constrain the government, promote liberty and, therefore, define the rule of law. Although still seemingly vague, the rule of law may be most concretely defined as a theory of governance relying upon a series of legal and social constraints designed to encourage order and to prevent arbitrary and unreasonable exercise of government power. III. The Rule of Law and Development Multilateral institutions such as the World Bank and many policymakers throughout the world believe the rule of law promotes economic development. A. Theory Modern economic development often comes with the introduction of a market economy, or an economy based on private enterprise that does not rely on government-planned production. Max Weber, a famous sociologist and economist, has commented that the

capitalistic order upon which a market economy is based is organized upon a rational, law-bound state. The market economy brings buyers and sellers to the market for complex transactions and the international sale of goods. In the age of globalization, players in the market economy can come from many different parts of the world. Law is important to the market economy because it is the common basis on which parties can make agreements; it provides parties with confidence that disputes can be resolved efficiently and fairly. For this reason, the predictability and order that the rule of law promotes in substantive laws is viewed as the stabilizing force behind much economic development. The rule of law helps set the rules of the game in critical areas such as investments, property, and contracts. The rule of law also serves as an important assurance of social rights and government accountability. Governmental restraint is especially critical for many transitioning economies where a previously planned economy is to be transformed into one that is market-based. When the government is no longer the sole owner of land, capital, and labor, the rule of law guarantees that the crucial elements of the economy will be free from arbitrary governmental actions. The rule of law thus assures market participants that the government will adopt a hands-off approach to investments and production, allowing those participants to fully exercise their rights in relation to land, labor and capital. B. Important Components of Rule-of-Law Reforms i. Court Reforms The efficiency of the courts is an important component in rule-of-law reforms as the existence of a judiciary is a fundamental aspect of the rule of law. For the newly independent states established after the downfall of the U.S.S.R., for example, providing an efficient means of dispute resolution was crucial to meeting the demands of an increasingly privatized economy. At the most basic level, this simply meant that courts needed to be available to adjudicate disputes and enforce resolutions. For countries that are further along in the reform process, more complex structural reforms that strengthen court capacity (i.e., training judges), independence, and transparency are needed. To increase accountability and transparency, information technology systems may be installed to provide greater public access. To increase independence of the courts, the government can provide them with funding that will allow them to make their own financial and administrative decisions. Furthermore, for countries that have already established these structural reforms, to encourage the adoption of the rule of law, court performance should be evaluated on a periodic basis. Independence, accountability, efficiency, access, affordability, alternative dispute resolution mechanisms, and the quality of professionals are some of the characteristics that may provide an accurate measurement of the systems success. An example of success in this area of rule-of-law reform is the Arbitrazh courts in Russia. Established to hear solely economic disputes, the Arbitrazh courts underwent legislative reforms in 1991, 1992, and 1995. Those reforms led to personnel and procedural safeguards, as well as the establishment of a higher-level appellate court. The immediate result of the reforms was an increase in the number of cases filed in the Arbitrazh court system. Moreover, research has shown that despite Russias corruption and localism

problems, foreign litigants are treated fairly. Although there are exceptions in some local regions, statistics indicate progress in court reforms and the ability of the Arbitrazh courts to resolve basic commercial disputes in a timely manner. . ii. Legal Rules Another important rule-of-law reform goal is to build the legal rules. As Fuller stated, laws must exist. Economic reforms have generated a large number of new economic laws in developing countries. Between 1990 and 1995, 45 developing and former socialist countries enacted new investment laws or codes covering a wide range of areas. Many of these investment laws were passed to liberalize the existing investment regime in the developing country by offering clear and broad legal protection for all types of investments. In China, for example, overall national legislative activities have seen continuous growth. This growth is evidenced by the fact that the total number of laws, resolutions, and amended laws rose to 306 in 1993-1998 from only 60 between 1978 and 1983the period during which economic reform began. C. Institutional Encouragement on the Global Level To encourage additional country-specific development, in the early 1990s the World Bank and the International Monetary Fund (IMF) began conditioning financial assistance on the implementation of the rule of law in recipient countries. These organizations provided aid to support initiatives in legislative drafting, legal information, public and legal education, and judicial reforms, including alternative dispute resolution. By conditioning funds on the establishment of the rule of law, the World Bank and the IMF also hope to reduce corruption, which undermines economic development by scaring away investors and preventing the free flow of goods and capital. Currently, in its Millennium Development Goals (MDG), the United Nations (UN) also champions the rule of law as a vehicle to bring about more sustainable environmental practices. The MDGs are eight goals that the UN hopes to achieve by 2015 in an effort to respond to the worlds greatest development challenges. The MDGs call on nations to make laws in areas such as international environmental and energy law, and also call on nations to encourage their citizenry to abide by those rules through changes in custom. The UN explicitly acknowledges that achievement of the MDGs rests heavily on the development of the rule of law, among other factors. IV. Criticisms of the Rule of Law

A. Law as the Ruling Standard The very term rule of law suggests that the law itself is the sovereign, or the ruler, in a society. As an ideal, the rule of law stands for the proposition that no person or particular branch of government may rise above rules made by elected political officials. These laws reflect the morals of a society, and in a Western democracy they are supposed to be pre-established, formalized, neutral, and objective. Everyone is subject to their dictates in the same way. The rule of law, therefore, is supposed to promote equality under the law.

Critics of the rule of law, however, have noted that this system creates a ruling elite that has the power to manipulate through the law. As Harvard law professor and leader of the critical legal studies movement, Morton J. Horwitz, suggested, By promoting procedural justice [the rule of law] enables the shrewd, the calculating, and the wealthy to manipulate its forms to their own advantage. Scholars who agree with this statement see the law as indeterminate, meaning that the law has no clear or objective meaning. Consequently, the law cannot possibly serve as an effective barrier to the governments abuse of power because power structures in society, not the law itself, determine the outcome of legal issues and problems. Because judicial interpretation and enforcement of the law is influenced by the ruling elite, the rule of law does nothing more than legitimize already existing legal relationships and power structures. The absence of predetermined outcomes coupled with the possible influence of the ruling elite means that the obligations of equality and predictability that the rule of law imposes are impossible to achieve. Although the rule of law appears to be objective, meaning that it is fairly applied to all people, it is actually subjective and unfairly applied. The rule of law theory has therefore gained an undeserved legitimacy in the modern world. Partly responding to the criticism outlined above, some scholars have commented that part of the problem with the rule of law is its narrow conception. Instead of viewing the rule of law solely as a judicially focused book of rules, scholars should focus more on the informal and institutional constraints that restrict governments. For example, the moral and tradition-based restraints that societies impose on the government should be given greater consideration in reforms and the overall conception of the rule of law. These aspects of the rule of law are not subject to the same type of manipulation. This broader conception may help avoid situations in which the legal elite manipulate laws because by its definition the rule of law is not solely dependant on the judiciary, which often reflects the power of the elite, for its power. B. Additional Limits of the Rule of Law Laws are often incapable of providing definitive standards of behavior because of their complex structures and unavoidable ambiguities in language. As mentioned previously, this often leads to the unpredictable application of the law. Critics of the rule of law claim that due to the indeterminacy in the rules, at no time is a person fully protected within a sphere of individual freedoms. Consequently, one can never be sure that their actions are legitimate or their freedom justified. Furthermore, the rule of law may not be tied to general notions of justice or fairness. The rule of law is therefore sometimes criticized for tolerating extraordinarily unjust rules, rules that undercut the theoretical justification of the rule of lawthe promotion of liberty and restrained government. C. Law & Development: Legal Transplantation The term legal transplantation describes the phenomenon of borrowing legal rules from other countries. Academic debates often center on the moral and practical implications of

legal transplantation and, by extension, the imposition of the rule of law. Many developing countries, including China, Russia, Turkey and Japan, since the early 1900s, had varying legal traditions of their own. When developing countries such as these adopt laws from other countries, the rules borrowed may not fit the underlying tradition, culture, and social context of the developing country. For example, Western democracies tend to focus on individual liberties, which many people associate with capitalism. Consequently, the Western notion of what constitutes the rule of law reflects this worldview. Other legal structures, however, may emphasize communitarian duties and responsibilities. Additionally, in the West, legal development occurred simultaneously with social, political and economic development, while in countries such as China, the creation of the rule of law has been driven in large part by the need to contend and interact with more developed countries. Therefore, transplanted laws may often be at odds with cultural, political and social norms since they were not simultaneously created. Legal transplantation is especially common in economic laws such as competition (antitrust), consumer protection, intellectual property rights, and securities and exchange regulations. In economic law, legal transplantation usually creates less controversy than in other areas of laws such as constitutional, administrative or family law. Seemingly, this is because economic law includes concepts such as efficiency, stability, and predictability in the marketplace, whereas on non-economic laws may cut more deeply into a societys culture. The transplantation of economic laws is still often criticized, however, as being a form of subtle blackmail. Because Western societies generally control access to the global market, to some extent, developing nations must adopt the developed nations laws and understandings of the rule of law in order to engage effectively in global economic activity. V. Conclusion

As evidenced by the failure to arrive at a precise definition, the rule of law is a complicated theory. As much as it embodies politics and the ideals of democracy, an indepth understanding of the theory must include the laws interaction with language, history, social structure, and culture. Importantly, the rule of law is more than just a set of rules and their judicial application. As a much-advocated theory in development studies, the rule of law is also a matter of policymaking, institutional development, and international politic

Assignment # 6 FUNDAMENTAL RIGHTS AND ADMINSTRATIVE LAW DEFINITION OF FUNDAMENTAL RIGHTS Fundamental Rights is a charter of rights contained in the Constitution of Pakistan. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of Pakistan. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Pakistan Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The six fundamental rights recognized by the constitution are: 1. The right to equality 2. The right to freedom 3. The right to freedom from exploitation 4. The right to freedom of religion 5. Cultural and educational rights 6. The right to constitutional remedies 7. Protection of property rights. 8. Equality of citizens. 9. Non-discrimination in respect of access to public places. 10. Safeguard against discrimination in services. 11. Preservation of language, script and culture Rights mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of Pakistan are fundamental as they have been incorporated into the "fundamental Law of the land" and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment. Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste,

sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

The Constitution of Pakistan and Fundamental Rights

The currently enforced 1973 Constitution is the supreme law of the country and all laws passed should be in line with the Constitution. However, this Constitution has undergone various amendments, specially during the previous Martial Law period (1977-1985), which have weakened the guarantees it provides for equal rights. Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights which are to be available to all citizens, women as well as men wherever they may be, as well as all people temporarily or permanently in Pakistan. However, the freedoms guaranteed can be curtailed or taken away by the government on the grounds of the sovereignty or integrity of Pakistan, maintenance of public order, public morality. BUT these restrictions can be challenged in the superior courts. What to do if yours Rights have been violated below. The executive is bound to implement these rights while the judiciary is bound to take notice of any violations and provide redress on individual complaints or take notice of its own (called suo moto notice) of any gross violations of a collective right. For example, the Supreme Court has recently taken suo moto notice of the killings in Karachi. The basis of fundamental rights is laid out in Article 4, which states that it is the inalienable right (i.e., can never be taken away) of individuals (citizens wherever they may be as well as individuals currently in Pakistan) to enjoy the protection of law and be treated in accordance with law. It also guarantees the protection of life, liberty, body, reputation & property of an individual. A person cannot be:

prevented from doing something which is legal compelled to do something which the law does not require him/her to do

DEFINITION OF ADMINSTRATIVE LAW Law regulating the powers, procedures, and acts of public administration. It applies to all public officials and public agencies. As distinguished from legislative and judicial authority, administrative authority entails the power to issue rules and regulations based on statutes, grant licenses and permits to facilitate the conduct of government business, initiate investigations of and provide remedies for complaints or problems, and issue orders directing parties to conform to governing statutes or rules. An administrative-law judge is a government official with quasi-judicial powers, including the authority to

conduct hearings, make findings of fact, and recommend resolution of disputes concerning the agency's actions. ADMINSTRATIVE LAW The law relating to the control of government power, including the detailed rules which govern the exercise of administrative decision taking. Despite A. V. Dicey's reluctance in his Law of the Constitution (1885) to accept the idea of specific and specialized legal rules governing administrative decisions, English law has developed administrative law especially since c.1960. Lord Diplock 1982 regarded the development of English administrative law as having been the greatest achievement of the English Courts in my judicial lifetime. Primarily the courts have developed general principles to ensure that all public authorities must act within the powers granted to them by Act of Parliament. Such principles include reasonableness in making decisions and principles of natural justice to ensure fair procedure. Discretion must not be abused and decisions must be made according to law and not outside the powers of the Act, which might make them ultra vires. Under section 31 of the Supreme Court Act 1981, and Rules of the Supreme Court, Order 53, an applicant may seek judicial review. This procedure permits an application for such remedies as a judicial order or damages as is appropriate to the facts of the case. The various remedies available under English law are mandamus, prohibition, or certiorari and the private law group of remedies such as declaration, injunction, or damages. Leave to apply for judicial review must first be obtained in the Crown Office before a judge and usually on affidavit or written evidence. Once leave is granted there may be a hearing of the case where all the parties may be represented. The matter which is the subject of complaint must be a public law question and the courts have defined the exact meaning of this term on a case-by-case basis since the House of Lords decision in. Applications for judicial review have steadily increased since 1981. The subjects for review extend from immigration disputes, housing, local government, and planning matters. The English system of administrative law has developed on a case-by-case basis in marked contrast to administrative law in both the United States and in France, which owes its development to the nature of the written constitution in both jurisdictions.

Assignment # 7 CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW

What Is Constitutional Law? This is a big question, because just the scope of this term is absolutely huge. Constitutional law essentially encompasses all the foundational laws that our country is based upon. The creation and execution of laws by the government and the scope of power and authority given to the government is regulated by constitutional law. Just as it sounds, it is based off of the tenets of a constitution and all the elements within the constitution that outline the power of the government, state and people. For the purposes of this article, we will be discussing constitutional law in the United States and go through a brief outline of what it is and why it exists. The United States constitutional law is the body that governs the implementation and interpretation of the US constitution. It sets forth of the terms of the Constitution and directly describes the range and use of these terms. It covers areas of law like relationships between states and the federal governments, the rights of individuals and citizens of the US and all other areas concerned with constitutional law. Because the US constitution lays out so many rules and contains archaic language, many people argue that it is open to interpretation and not meant to be taken literally. For example, in the United Stated courts, judges are often divided by how much they stick to the constitution and how much they interpret it in different ways. Some say a literal translation of the constitution is best, others say that the terms are far too vague to be used specifically and that the constitution should be treated more as a guideline than anything else. All other forms of law necessarily fall under the auspices of constitutional law. Because it is so huge, there are many details to go into; enough books have been written about this type of law to render anything but a summary unnecessary. Suffice to say, constitutional law is the law that supersedes all others and one that literally determined the founding of the nation of the United States of America. MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country.

INTRODUCTION A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution in that it would define how that organization is constituted. Within states, whether sovereign or federated, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially written constitutions, also act as limiters of state power by establishing lines which a state's rulers cannot cross such as fundamental rights.

Assignment # 8 PRINCIPLES OF THE NATURAL JUSTICE Natural justice or procedural fairness is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. The concept is very closely related to the principle of natural law (Latin: lex naturalis) which has been applied as a philosophical and practical principle in the law in several common law jurisdictions, particularly in the UK, Canada and Australia. In common law legal systems the term natural justice refers to two specific legal principles. BACKGROUND According to Roman law certain basic legal principles are required by nature, or so obvious that they should be applied universally without needing to be enacted into law by a legislator. The assertion in the United States' Declaration of Independence, "We hold these truths to be self-evident," expresses some of this sentiment. The rules or principles of natural justice are now regularly applied by the courts in both common law and civil law jurisdictions. Natural justice operates on the principles that man is basically good, that a person of good intent should not be harmed, and one should treat others as one would like to be treated. Natural justice includes the notion of procedural fairness and may incorporate the following guidelines:

A Right to Advanced Warning. Contractual obligations depriving individuals of their Rights cannot be imposed retrospectively. A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges). A person making a decision should declare any personal interest they may have in the proceedings. A person who makes a decision should be unbiased and act in good faith. He or she therefore cannot be one of the parties in the case, or have an interest in the outcome. This is expressed in the Latin maxim, nemo iudex in causa sua: "no man is permitted to be judge in his own cause". Proceedings should be conducted so they are fair to all the parties - expressed in the Latin maxim audi alteram partem: "let the other side be heard". Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party. A decision-maker should take into account relevant considerations and extenuating circumstances, and ignore irrelevant considerations. Justice should be seen to be done. If the community is satisfied that justice has been done, they will continue to place their faith in the courts. Notably, natural justice is binding upon both public and private entities, such as trade unions. In contrast, the

U.S. concept of due process is strictly limited to decisions made by governmental entities, although the U.S. state of California has developed a doctrine of fair procedure which is binding upon certain types of private entities in that state What is meant by Principles of Natural Justice and Procedural Fairness? Valid Reason To ensure that all employees are treated fairly and consistently, any action relating to concerns about an unsatisfactory level of performance must be based on a valid reason(s). That is, a reason which is sound, defensible or well founded. The employer must be able to provide proof of that valid reason(s). Natural Justice An employer must also ensure that the principles of natural justice and procedural fairness are adhered to at every stage of the Managing Underperformance process. Natural justice is concerned with ensuring that employees receive fair treatment in their employment. This includes making sure that the employee is advised of all the allegations of poor performance and is provided with the opportunity to respond on each occasion. An opportunity should also be given to state any mitigating circumstances. The response provided by the employee and any mitigating circumstances must be taken into consideration by the decision-maker prior to reaching any decisions (ie the line manager cannot simply ignore any explanations offered by the employee.) Fundamental to the concept of natural justice is the need to ensure that the employee is afforded a fair hearing and the opportunity to present their viewpoint prior to any adverse decision being made. The employee must be advised of the reasons for any disciplinary action taken. This is particularly so where a decision is taken to dismiss the employee. While the exact requirements will depend on the seriousness of any concerns, natural justice includes providing the employee with: Equal treatment (ie one employee should not be treated more or less favourably than another employee - eg singling out an employee) Adequate notice of process Details of the performance concerns An opportunity to respond Substantiation of the facts A support person of their choice (eg a union representative or colleague) An unbiased and impartial decision maker. Procedural Fairness Procedural fairness is not easily defined but the following principles can be used as a guide when deciding whether reasonable action has been taken: Clear communication of policies, procedures and instructions Promptness to initiate and take action

 Warnings (verbal or written) Information to be provided to an employee An employees right to representation The employee has an opportunity to respond Full consideration of relevant facts is undertaken by decision makers Reasons are given to the employee regarding the concerns of the line manager Documentation is compiled and maintained throughout all aspects of the procedures, including co-signing and copies are provided to relevant parties 2009 (237) E.L.T. 241 (S.C.)
IN THE SUPREME COURT OF INDIA Dr. Arijit Pasayat and Asok Kumar Ganguly, JJ.

UMA NATH PANDEY

Versus

STATE OF U.P.
Criminal Appeal No. 471 of 2009, decided on 16-3-2009

Natural justice - Violation of - Notice not issued - Revision Order passed by Single Judge without issuing notice to parties - Natural justice is essence of fair adjudication and to be ranked as fundamental - Purpose of following principles of natural justice is to prevent miscarriage of justice Notice and hearing required as per principles of natural justice - Impugned order set aside - Matter remanded to High Court for considering the matter afresh. [paras 2, 3, 8, 19, 20] Natural justice - Notice and hearing - First rule is nemo judex in causa sua meaning no man shall be a judge in his own cause - Second rule of natural justice is audi alteram partem meaning no one should be condemned unheard - Notice is first limb of this principle - Notice must be precise and unambiguous - Time given should be adequate so as to enable party to make re-presentation - Order passed wholly vitiated if such notice and reasonable opportunity absent - Essential that party is put on notice before passing adverse order against him. [paras 8, 17] Order - Violation of natural justice, effect of - Whenever order is struck down as invalid as violative of principles of natural justice, final decision absent and fresh proceedings left open - Order assailed by virtue of inherent defect is vacated but proceedings not terminated. [para 17] Natural justice and legal justice - Expressions natural justice and legal justice do not present water-tight classification - Substance of justice to be secured by both - Natural justice called in aid of legal justice when legal justice fails to achieve such solemn purpose - Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication - Natural justice supplies omissions of formulated law. [para 7] Natural justice - Objects and intention - Principles of natural justice laid down by Courts for minimum protection of rights of individual against arbitrary procedures that may be adopted by a judicial, quasi-judicial and administrative authority while making order affecting rights - Rules of natural justice intended to prevent such authority from doing injustice. [para 10] Natural justice - Rules - Rules of natural justice are not rules embodied always expressly in a statute or rules framed thereunder - Rules of natural justice may be implied from nature of duty to be performed under a statute - Every administrative order involving civil consequences must be consistent with rules of natural justice - Civil consequences cover everything that affects a citizen in his civil life. - What particular rule of natural justice should be implied and what its context should be in a given case must depend to a great extent on the fact and circumstances of that case, the framework of the statute under which the enquiry is held. [para 15] Words and Phrases - Natural justice - Natural justice is another name for commonsense justice - Rules of natural justice are not codified canons but principles ingrained into conscience of man - Natural justice is administration of justice in a commonsense liberal way. [para 6]

Appeal allowed

Conclusion

Application of these principles is in summary proceedings. Principles of the Natural Justice are applied in summary proceeding cases. Principles of the natural justice are applied to avoid injustice to the parties in administrative proceedings. These principles need also to be applied by the formal courts summary proceedings.

Assignment # 9 ADMINISTRATIVE FUNCTIONS (ACTIONS) AND LEGISLATIVE FUNCTIONS Administrative Functions

1. The act or process of administering, especially the management of a government or large institution. 2. The activity of a government or state in the exercise of its powers and duties. 3. Often Administration a. The executive branch of a government. b. The group of people who manage or direct an institution, especially a school or college. 4. The term of office of an executive officer or body. 5. Law Management and disposal of a trust or estate. 6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine.

Legislature Delegate its Power

It is up to the legislature what to delegate. Where legislature feels to be competent to give a detailed law, delegation of the rules making power is not made. If legislature feels as not to be expert, it delegates its legislative power. Sweeping delegation of the rules making power is a bad legislation

Classification of Delegated Legislation Rules Regulations Orders By-laws LEGISLATIVE FUNCTIONS Rule making Formal rule making rule making by a government agency that is on the record after an opportunity for an agency hearing in accordance with the formal procedures. Formal rulemaking is usually only done where specifically required by the legislation mandating the agency action. Scope of the Delegation Constitution provides distribution/ delegation of power to the three organs of state. For implementation of the Constitution, laws, statutes are required to be made. Without laws, Constitution can not be implemented. Constitution delegate legislative power to the Parliament and Provincial Assemblies Legislative Functions: It is a semi- legislative function. Legislative action ( power) lies with the Parliament and Provincial Assemblies. Legislative function means law making function. Legislative function to the executive is a delegated action. Executive does not have inherent legislative power. This function is delegated by the legislature to administrative agencies under a statute. Legislature may delegate and may not delegate such authority to the executive. There is no concept of implied delegated legislative power to the executive

Assignment # 10 ADMINISTRATIVE ADJUDICATION ADMINISTRATIVE ADJUDICATION The process by which an administrative agency issues an order and such order being affirmative, negative, injunctive, or declaratory in form are called administrative adjudication. Most formal proceedings before an administrative agency follow the process of either rule making or adjudication. Rule making formulates policy by setting rules for the future conduct of persons governed by that agency. Adjudication applies the agency's policy to the past actions of a particular party, and it results in an order for or against that party. Both methods are strictly regulated by the law of administrative procedure Separation of Powers

Quasi Judicial Powers The separation of powers is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that no one branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary. For similar reasons, the concept of Separation of church and state has been adopted in a number of countries, to varying degrees depending on the applicable legal structures and prevalent views toward the proper role of religion in society. ADMINSTRATIVE COURTS/ QUASI-JUDICIAL TRIBUNALS The Constitution of Pakistan provides for separation of powers with in-built mechanism of checks and balances between the legislative, executive and judicial organs of the State. The document calls for independence of the judiciary and ordains its separation from the Executive. To complement the notion of judicial independence, the Constitution contains elaborate provisions for qualifications and mode of appointment of judges of superior courts i.e. Supreme Court and High Courts, their terms and conditions of service, compensation package and grounds/procedure for removal. The subordinate courts are created under legislative enactment and the terms and conditions of service of judicial officers are prescribed. Such courts work under the administrative control of the respective (provincial) High Court. The Supreme Court is the apex court of the country, the final appellate authority and guardian of the Constitution, hence the final arbiter of law and Constitution. Its precedents are binding on High Courts and all other courts. The Constitution allows the established of special courts and administrative tribunals for various Federal/provincial subjects, through statutory enactment, by the respective legislature i.e. Parliament or Provincial Assembly. Such courts/tribunals operate under the Executive

Assignment # 11 ADMINSTRATIVE DISCRETION The word executive comes from word execute. Execute means to carry into effect; to fulfill; to do; to perform delegated powers with the own will. Administrative discretion refers to the degree of latitude or flexibility exercised by public administrators when making decisions or conducting any agency business. The chief source of administrative discretion comes from legislative bodies that have drafted vague laws. These skeletal statutes essentially allow public administrators the discretionary power to interpret laws as they see fit, as long as their discretionary interpretations do not contradict specific statutory provisions. Public administrators are normally not hesitant to exercise broad discretionary power because the reviewing courts tend to routinely defer to agency discretion (i.e., expertise), and also are specifically prohibited by statute from reviewing any agency action precluding judicial review or committed to agency discretion by law 1. Ensuring effective governance 2. Ensuring fair governance and respect for the general principles of law

3. Strengthening the means of redress of grievances 4. Entrusting administrative tasks to independent agencies Administrative Implied Discretion For each activity a proper procedure can not be devised. If in each and every situation, directions for written procedure or instructions is requested form the competent authority, it may result in delay and injustice to the parties. In such situation officers are allowed to use their discretion. Discretion means to go for the best workable decision among the alternatives Use of Discretion to Execute a Courts Judgment Courts judgment in every way is to be executed, if it is clear. PROPOSITION A decree of a court speaks to recover from a bank defaulter an amount of Rs. 20 million against his property mentioned in the decree. An officer of the Revenue Department approached the defaulter when he was receiving some money from his customer. Revenue officer seized that money and deposited that money in government treasury. Such action was not mentioned in the decree where specific property was mentioned for recovery. Is this a positive use of discretion to enforce courts decree.

Concluding remarks Good governance is not antithetical by definition to administrative discretion. There are various means for achieving public policy goals, while also ensuring fair governance. There are situations, however, where requirements of technical expertise and political credibility justify the establishment of independent regulatory agencies

Assignment # 12 NATURE OF LAW Natural law or the law of nature (Latin: lex naturalis) has been described as a law whose content is set by nature and that therefore has validity everywhere. As classically used, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. The phrase natural law is opposed to the positive law (meaning "man-made law", not "good law"; of a given political community, society, or nation-state, and thus can function as a standard by which to criticize that law.[2] In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it). Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right (Latin ius naturale), although most contemporary political and legal theorists separate the two. Although natural law is often conflated with common law, the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or

articulation.[3] Natural law theories have, however, exercised a profound influence on the development of English common law,[4] and have featured greatly in the philosophies of Thomas Aquinas, Francisco Surez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, John Locke, Francis Hutcheson, Jean Jacques Burlamaqui, and Emmerich de Vattel. Because of the intersection between natural law and natural rights, it has been cited as a component in United States Declaration of Independence and the Constitution of the United States. The essence of Declarationism is that the founding of the United States is based on Natural law What is law, and do we really need it? As such, there is no single or correct answer to this question. In past no one really questioned lawmakers, law distributors, or the laws themselves. But of late, society has begun to question most legal activities as to their effectiveness and competence. The cause of these reviews has emerged by changing times, changing thoughts, understanding, beliefs, as well as the development of technology and other such new developments within societies. Sources of Law Precedent Precedent is one of the sources of law. The judgments passed by some of the learned jurists became another significant source of law. When there is no legislature on particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent cases of a similar nature and they are called precedents. The dictionary of English law defines a judicial precedent as a judgment or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Precedent is more flexible than legislation and custom. It is always ready to be used. Custom A custom is a rule which in a particular family or in a particular district or in a particular section, Class or tribe, has from long usage obtained the force of law. The dictionary of English law defines custom as a law not written, which being established by long use and consent of our ancestors has been and daily is put into practice. Custom as a source of law got reorganization since the emergence of saving on the horizon of jurisprudence. It is an exemption to the ordinary law of the land, and every custom is limited in its application. Legislation Legislation is that source of law which consists in the declaration of legal rules by a competent authority. Legislature of legal rules by a competent authority. Legislature is the direct source of law. Legislature frames new laws amends, the old laws and cancels the existing in all countries. In modern times this is the most important source of law making. The term legislature means any form of law making. Its scope has now been

restricted so a particular form of law making. It not only creates new rules of law it also sweeps away existing inconvenient rules. Judicial review Interpretation is a very important function of the court, the process of ascertaining the meaning of letters and expressions by the court is either interpretation or construction. Interpretation is the process of which the court seeks to as certain the Meaning of a particular legislature. It is through interpretation, the judiciary evolves the law and brings the changes in it and thus keeps the law abreast of law TREATIES A treaty is an agreement entered into by countries, nations, or other legal persons recognized in international law. If only two nations or other international persons are the contracting parties, the treaty is called bilateral; if more than two are involved, it is usually called multilateral. The typical legislature of a modern nation-state may pass laws which a minority of the legislators are unwilling to approve, and these laws will bind everybody subject to the jurisdiction of the legislating body. Norms imposed by multilateral treaties, on the other hand, ordinarily bind only those countries which have manifested their approval by signing the treaty or otherwise adhering to it.

Assignment # 13 JUDICIAL REVIEW OF POLITICAL QUESTIONS Political Question It is a constitutional question. Where a speaking answer is available in the Constitution; A question to be answered by the parliament; A dispute as to parliament and political executive; and Discretional powers of the Constitutional entities. Cases where speaking answer is available in the Constitution Appointment of the High and Supreme Court judges; Appointment and removal of the Ministers; Appointment and removal of Governors; and Regulations of FATA JUDICIAL REVIEW AND PIL

Public Interest Litigation Cases Shela Zia case 1994; Traffic muddle case Karachi-1997; Al Jehad Trust case- Appointment of judges case-1996 and 1997; and Assad Ali case- Mr. Sajjad Ali Shah Case-1998 JUDICIAL REVIEW AND JUDICIAL ACTIVISM Judicial activism has been a common catch phrase of politicians in recent decades and gained the attention of the public and various interest groups. But what exactly is judicial activism? This paper seeks to rehash the debate amongst political scientists and legal scholars and seeking a more precise definition. By seeking this definition, the aim is to quantify judicial activism for broader application to political scientists. While judicial activism may exist, it may also exist at various levels on a court depending on institutional and other contextual factors Judicial Activism Judicial activism is a philosophy advocating that judges should reach beyond the Constitution to achieve results that are consistent with contemporary conditions and values. Most often, it is associated with (modern) liberalism that believes in broad interpretation of the Constitution which can then be applied to specific issues. Judicial activist factors They take constitution as a living document. They believe that judges to have equal responsibility as to the public welfare. They give liberal interpretation as to the rights of the people Judicial Restraint Judicial restraint means that judges should respect to the democratic process and stay out of policy debates if democracy is to thrive. Judicial restraint means that constitution should not be liberally interpreted to the derogation of the law of the parliament. If conflict comes parliament to be held supreme

Assignment # 14 OMBUDSMAN Definition of Ombudsman A government official (as in Sweden or New Zealand) appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials. One that investigates, reports on, and helps settle complaints Cultural Dictionary Ombudsman An official appointed by a government or other organization to investigate complaints against people in authority. This position is designed to give those with less power the little people a voice in the operation of large organizations. Examples of OMBUDSMAN The insurance company's ombudsman was able to resolve the problem.

The town's ombudsman said he would look into charges of corruption. Origin of Ombudsman Swedish, literally, representative, Commission on Taxation Submission by the Office of the Ombudsman Functions of Ombudsman The institution of Insurance Ombudsman was created by a Government of India Notification dated 11th November, 1998 with the purpose of quick disposal of the grievances of the insured customers and to mitigate their problems involved in redressal of those grievances. This institution is of great importance and relevance for the protection of interests of policy holders and also in building their confidence in the system. The institution has helped to generate and sustain the faith and confidence amongst the consumers and insurers. Appointment of Insurance Ombudsman The governing body of insurance council issues orders of appointment of the insurance Ombudsman on the recommendations of the committee comprising of Chairman, IRDA, Chairman, LIC, Chairman, GIC and a representative of the Central Government. Insurance council comprises of members of the Life Insurance council and general insurance council formed under Section 40 C of the Insurance Act, 1938. The governing body of insurance council consists of representatives of insurance companies. Eligibility Ombudsman is drawn from Insurance Industry, Civil Services and Judicial Services. Terms of office An insurance Ombudsman is appointed for a term of three years or till the incumbent attains the age of sixty five years, whichever is earlier. Re-appointment is not permitted. Office Management The Ombudsman has a secretarial staff provided to him by the insurance council to assist him in discharging his duties. The total expenses on Ombudsman and his staff are incurred by the insurance companies who are members of the insurance council in such proportion as may be decided by the governing body. Removal from office An Ombudsman may be removed from service for gross misconduct committed by him during his term of office. The governing body may appoint such person as it thinks fit to conduct enquiry in relation to misconduct of the Ombudsman. All enquiries on

misconduct will be sent to Insurance Regulatory and Development Authority which may take a decision as to the proposed action to be taken against the Ombudsman. On recommendations of the IRDA, the Governing Body may terminate his services, in case he is found guilty. Power of Ombudsman Insurance Ombudsman has two types of functions to perform (1) conciliation, (2) Award making. The insurance Ombudsman is empowered to receive and consider complaints in respect of personal lines of insurance from any person who has any grievance against an insurer. The complaint may relate to any grievance against the insurer i.e. (a) any partial or total repudiation of claims by the insurance companies, (b) dispute with regard to premium paid or payable in terms of the policy, (c) dispute on the legal construction of the policy wordings in case such dispute relates to claims; (d) delay in settlement of claims and (e) non-issuance of any insurance document to customers after receipt of premium. Ombudsman's powers are restricted to insurance contracts of value not exceeding Rs. 20 lakhs. The insurance companies are required to honour the awards passed by an Insurance Ombudsman within three months. Manner of lodging complaint The complaint by an aggrieved person has to be in writing, and addressed to the insurance Ombudsman of the jurisdiction under which the office of the insurer falls. The complaint can also be lodged through the legal heirs of the insured. Before lodging a complaint: i) the complainant should have made a representation to the insurer named in the complaint and the insurer either should have rejected the complaint or the complainant have not received any reply within a period of one month after the concerned insurer has received his complaint or he is not satisfied with the reply of the insurer. ii) The complaint is not made later than one year after the insurer had replied. iii) The same complaint on the subject should not be pending with before any court, consumer forum or arbitrator. Recommendations of the Ombudsman When a complaint is settled through the mediation of the Ombudsman, he shall make the recommendations which he thinks fair in the circumstances of the case. Such a recommendation shall be made not later than one month and copies of the same sent to complainant and the insurance company concerned. If the complainant accepts recommendations, he will send a communication in writing within 15 days of the date of receipt accepting the settlement. Award

The ombudsman shall pass an award within a period of three months from the receipt of the complaint. The awards are binding upon the insurance companies. If the policy holder is not satisfied with the award of the Ombudsman he can approach other venues like Consumer Forums and Courts of law for redressal of his grievances. As per the policy-holder's protection regulations, every insurer shall inform the policy holder along with the policy document in respect of the insurance Ombudsman in whose jurisdiction his office falls for the purpose of grievances redressal arising if any subsequently. Steady increase in number of complaints received by various Ombudsman shows that the policy-holders are reposing their confidence in the institution of Insurance Ombudsman.