Administrative law, as a distinct and evolving branch of public law, governs the organization, powers, and functions of administrative authorities. It occupies a crucial interstice between constitutional law and statutory interpretation, addressing the *modus operandi* of state instrumentalities when exercising administrative functions. In modern democracies, the proliferation of welfare legislation and delegated authority has transformed administrative law into a vital mechanism for ensuring *ultra vires* actions do not subvert the rule of law. The foundational maxim *fiat justitia ruat caelum* resonates strongly, where courts scrutinize administrative decisions for legality, reasonableness and procedural propriety. Further, the principles of natural justice embody the due process of law.
The doctrine of proportionality, increasingly recognized in Indian administrative jurisprudence, acts as a check on arbitrary executive action, balancing means with legitimate ends. Similarly, the doctrine of legitimate expectation, though non-binding, obliges administrative bodies to honour representations made unless overriding public interest dictates otherwise. While delegated legislation is a functional necessity, its legitimacy is constantly tested against the doctrine of excessive delegation. The judiciary intervenes when subordinate legislation transcends the enabling Act or violates constitutional parameters. Thus, administrative law operates as a constitutional sentry, safeguarding individuals from administrative overreach. In essence, administrative law is a dynamic equilibrium—preserving the efficiency of governance while upholding fundamental liberties. It ensures that administrative power remains an instrument of service and not a device of domination, echoing the maxim *salus populi suprema lex*.
Delegated legislation refers to laws or regulations made by an authority other than Parliament, typically by a government minister, under powers granted by Parliament. For delegated legislation to be valid, it must adhere to certain constitutional principles. One such principle is the doctrine of excessive delegation, which ensures that the delegation of legislative powers to another body does not go beyond the limits set by Parliament. This ensures that legislative power remains with the elected representatives.
Let’s review the options:
- Option (1): "It is passed by Parliament" – This is incorrect. While delegated legislation derives its authority from Parliament, it does not need to be passed by Parliament itself.
- Option (2): "It is against the enabling enactment" – This is incorrect. Delegated legislation must comply with the enabling act (the act of Parliament that allows the delegation). If it goes against the enabling enactment, it would be invalid.
- Option (3): "It satisfies the doctrine of excessive delegation" – Correct. Delegated legislation must not exceed the limits defined by the enabling act and must not result in excessive delegation of legislative power.
- Option (4): "It is free from public scrutiny" – This is incorrect. While delegated legislation might be less scrutinized than primary legislation, it is still subject to some form of parliamentary and public scrutiny.
Thus, the correct answer is Option (3).
Criminology is the scientific and jurisprudential study of crime, criminal behaviour, and the penal response of the state. It operates at the intersection of law, sociology, psychology, and public policy. Its foundational principle is nullum crimen sine lege, nulla poena sine lege, stressing that there is no crime nor punishment without a pre-existing law. Traditional criminology was shaped by the Classical School, emphasizing free will and rationality. Influenced by Bentham’s utilitarianism, it viewed punishment as a deterrent mechanism, echoing audi alteram partem in demanding procedural fairness. In contrast, the Positivist School, focused on biological, psychological, and sociological causes of criminality, thereby shifting from retributive justice to rehabilitative models.
Modern criminology encompasses diverse domains like victimology, penology, white-collar crime, cybercrime, and transnational offences. The traditional ele ments of crime, mens rea and actus reus remain crucial. However, strict liability offences and corporate crimes often challenge this binary. With the advent of globalization, criminology now interfaces with international criminal law, human rights jurisprudence, and restorative justice. It aims to reintegrate the offender and provide restitution to victims. Furthermore, critical criminology interrogates how law disproportionately penalizes marginalized groups, reflecting concerns of penal populism, mass incarceration, and criminalization of poverty. This evolving discipline critiques not just criminal behaviour but the social construction of de viance itself.
Under the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property for securing the payment of a debt. Section 58 of the Act enumerates six distinct types of mortgages, each characterized by unique rights and obligations of the mortgagor and mortgagee. These categories reflect the balance of right of alienation and right to hold the property, contingent upon the nature of the transfer. In a simple mortgage, the mortgagor binds himself personally to repay the debt and agrees, expressly or impliedly, that in the event of default, the mortgagee shall have the right to cause the mortgaged property to be sold. There is no transfer of possession.
A mortgage by conditional sale involves an ostensible sale with a condition that upon default of payment, the sale becomes absolute. Courts scrutinize such arrangements to prevent clogs on the equity of redemption. A usufructuary mortgage grants the mortgagee possession and the right to receive rents and profits in lieu of interest or principal, aligning with the maxim, nemo dat quod non habet. It is essential to note that an earlier mortgage takes precedence based on the legal maxim, qui prior est tempore potior est jure. An English mortgage entails personal liability of the mortgagor and an absolute transfer of the property to the mortgagee with a covenant to retransfer upon payment. Other forms include mortgage by deposit of title deeds or equitable mortgage, and anomalous mortgages, which do not fit into the above classifications. These variations reveal the nuanced jurisprudence of secured transactions, balancing contractual freedom with equitable oversight.