Administrative Act

Duty and obligation of public functionaries is to act in accordance with law as the Constitution is a binding contract between the four organs of the State i.e. Legislature, Executive, Judiciary and People of Pakistan.

All executive acts, and deeds were to be done and performed in good faith and in exercise of authority vested in public functinaries by law

Orders, Notifications and Bye-laws were to be issued in due and proper exercise of jurisdiction, strictly in accordance with law by application of independent and judicious mind, in good faith and uninfluenced by motivation or consideration may it be political or otherwise.

Administrative Act Any act required to be done in a particular manner has to be done in that manner and not in any other manner.

Judicial review of such acts-"Due process of law"-Necessity of observance-Rule of "due process" taken to be based on British Common Law rather than upon 5th and 14th Amendments to U. S. A. Constitution-"Due process" equivalent to "proper trial"-Judicial review-Fresh appraisement 9f evidence as well as law-[Jibendra Kishore Achharyya v. The Province of East Pakistan P L D 1957 S C (Pak.) 9 ; Chicago Milwakee & St. Paul Railway Corporation v. Minnesota 134 U S 418 and Smyth v. Ames-169 U S 466 ref.].

"Due process" (notice and opportunity of hearing)-Not observed by Administrative Authority before taking action-May be complied with after taking action in cases of urgency.

Functionary exercising administrative power must conform to steps and methods prescribed in statute[Board of Education v. Rice (1911) A C 179 ref.].