THE STATE OF BIHAR AND ORS. versus SUBHASH SINGH

Citation: [1997] 1 S.C.R. 850 · Decided: 03-02-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Dismissed
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Judgment (excerpt)

A 
THE STATE OF BIHAR AND ORS. 
v. 
SUBHASH SINGH 
FEBRUARY 3, 1997 
B 
[K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
Court-Order of-Non compliance with-Power to. impose costs 
• 
for-High Court while disposing a writ petition issued directions-Respondent 
non complied with it-High Court imposed personal cost 011 respondent-Ap-
e peal against order of High Court-Held delay in compliance with court's order 
was one year and five months-Delay also not explained to court-Held 110 
interference was called for with the order of High Cowt-The Court before 
imposing costs personally against the officers should be circumspect and keep 
at the back of its mind the facts and circumstances in each case. 
D 
Judicial Reviev.--Judicial review of administrative action is an essential 
part of rule of law. 
Constitutionalism-State-Duty to obey lav.--All actions of the State or 
its authorities and officials must be carried out subject to the Constitution 
E and within the limits set by the law. 
Constitution of India, 1950: Articles 53, 74, 75, 154, 163 and 166: 
Bureaucracy-Accountability-of'-7ift?mitrnal principle that the per-
manent bureaucracy is accountable to the political executive is subject to 
F judicial review-The head of the Department/designated officer is ultimately 
responsible and accountable to the Court for result of the action done or 
decision taken-Factors absolving him of the responsibility should be brought 
to the notice of Court. 
· G 
CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) 
No. 3337 of 1997. 
From the Judgment and Order dated 19.7.96 of the Patna High Court 
in M.J.C. No. 1488 of 1995. 
H 
H.L. Agarwal and B.B. Singh for the Petitioners. 
850 
-..
STATEv. SUBHASHASINGH 
851 
The following Order of the Court was delivered : 
A 
Delay condoned. 
This special leave petition arises from the order dated July 19, 1996 
imposing costs personally against the respondent passed by the Patna High B 
Court in M.J.C. No. 1488 of 1995. 
The Constitution of India is the supreme law of the land, having 
flown from "We, the people of India, i.e., Bharat, having solemnly resolved 
to constitute India into a sovereign, socialist, secular; democratic 
Republic". The sovereign power is distributed among the Legislature, the C 
Executive and the Judiciary with checks and balances but not in water tight 
rigid mould. In our democracy governed by the rule of law, the Judiciary 
has expressly been entrusted with the power of judicial review as sential in 
qui vive. Basically judicial review of administrative actions as also of 
legislation is exercised against the action of the State. Since the State or D 
public authorities act in exercise of their executive or legislative power, they 
are amenable to the judicial review. The S~ate, therefore, is subject to etat 
de droit, i.e. the State is submitted to the law which implies that all actions 
of the State or its authorities and officials must be carried out subject to 
the Constitution and within the limits set by the law, i.e., constitutionalism. 
In other words, the State is to obey the law. The more the administrative E 
action in our welfare State expands widely touching the individuals, the 
more is the scope of judicial review of State action. Judicial review of 
· administrative action is, therefore, an essential part of rule of law. The 
judicial control oil administrative action, thus, affords the courts to deter· 
mine not only the constitutionality of the law but also the procedural part . F · 
of administrative action as a part of judicial review. The Constitution has 
devised permanent bureaucracy as part of the political executive. By opera-
tion of Article 53 read with Articles 73 and 74 as well as Article 154 read 
with Articles 163 and 166, the business of the State is carried ori in 
accordance with the rules of business issued by the President/the Governor, G 
as the case may be, or the rules made for the subordinate officers in that 
behalf. The normal principle that the permanent bureaucracy is account-
able to the political executive is subject to judicial review. The doctrine of 
"full faith and credit" applied to the acts done by the officers and presump-
tive evidence of regularity of official acts done or performed, . is apposite 
in faithful discharge of duties to elongate public purpose and to be in H 
. 
.-
852 
SUPREME COURT REPORTS 
[1997) 1 S.C.R. 
A accordance with the procedure prescribed. It is now settled legal position 
that the b
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