Mistakes in Administrative Action: A CLAT UG's Eye-Opener
admin clat_ug intermediate internship_learnDekho, my CLAT ug friends, I just came back from court and I'm still trying to wrap my head around the nuances of Administrative Law. Our textbooks tell us about the principles of State responsibility, but the real deal is in the nitty-gritty. I was going through the case of Keshavananda Bharti v. Union of India (1973) and I realized that even a mistake in the application of Administrative action can be considered an illegality. I mean, we all know about the doctrine of ultra vires, but what if the authority applies the law in a way that's not intended? It's still a violation, according to the court. This concept of "mistake in application" is a subtle but crucial distinction that our textbooks rarely cover. It's a wake-up call for all of us to dig deeper and not just memorize principles.
Mistakes in administrative action are kafi common, especially when it comes to quasi-judicial decisions. CLAT UGs, take note! It's essential to understand the concept of 'mala fide' - when authorities act with dishonest intentions. If actions are mala fide, they can be challenged. Also, review Administrative Procedure Act, 2014 (Bharteeyon ke liye) to better grasp these concepts. Don't hesitate to dig deeper, it's always worth it!