Administrative lawUltra viresSupreme Court of India

Province of Bombay v Khushaldas Advani

AIR 1950 Supreme Court 22219501 min read
The case in brief30-second read
Facts
Bombay Government requisitioned premises of Khushaldas Advani under the Land Requisition Ordinance. Advani challenged the requisition as exceeding statutory authority.
Issue
Whether courts can examine if administrative authority acted within the limits of the parent statute?
Held
Administrative authorities must act within the four corners of the enabling statute.
Principle
Administrative action must be intra vires the parent statute; courts have jurisdiction to review whether administration exceeded statutory powers
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Facts

  • Bombay Government requisitioned premises of Khushaldas Advani under the Land Requisition Ordinance
  • Advani challenged the requisition as exceeding statutory authority
  • Government argued executive action in public interest should not be judicially questioned
  • The requisition order lacked proper nexus with the statutory purpose

Issues

  1. Whether courts can examine if administrative authority acted within the limits of the parent statute?
  2. Whether administrative action is immune from judicial scrutiny merely because it is taken "in public interest"?

Held

  • Administrative authorities must act within the four corners of the enabling statute
  • Courts have full jurisdiction to examine whether the authority exceeded its statutory powers
  • "Public interest" is not a blanket shield against judicial review
  • Every exercise of administrative power must be traceable to legal authority
  • Earliest Indian recognition of judicial review as fundamental feature of administrative law

Ratio decidendi

Every administrative action must find its source in law. If the enabling statute confers power for purpose X, the authority cannot exercise it for purpose Y and claim immunity by invoking "public interest." Courts determine the vires of administrative action by examining whether it falls within statutory authorization.

Exam use

How to use it in an answer

  • Deploy in: Questions on nature/scope of administrative law, judicial control, ultra vires doctrine.
  • Key line for exam: "Administrative authorities must act within the four corners of the statute. Courts can examine whether the authority has acted in conformity with the statute."
  • Part A (5 marks): Use when defining scope of administrative law: courts' power to review administrative action for legality.
  • Part B (15 marks): Use as historical foundation when discussing evolution of judicial review in India. Combine with L. Chandra Kumar (1997) to show continuity from 1950 to basic structure protection of judicial review.

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Citation

Province of Bombay v. Khushaldas Advani AIR 1950 Supreme Court 222

Reported: Massey, Administrative Law; Sathe, Administrative Law. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.