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Termination of an agency with public authority or a public body may attract judicial intervention in writ petition:
- a)If the termination be unreasonable
- b)If the termination be arbitrary
- c)If the termination be unconscionable
- d)All of them
Correct answer is option 'D'. Can you explain this answer?
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Termination of an agency with public authority or a public body may at...
Understanding Termination of Agency with Public Authority
When an agency with public authority or a public body terminates a contract or service, judicial intervention through a writ petition can be necessary under certain conditions.
Reasons for Judicial Intervention
- If the termination be unreasonable:
Judicial review may be warranted if the termination is found to be unreasonable. This means that the decision lacks a rational basis or fails to consider essential facts, leading to an unjust outcome.
- If the termination be arbitrary:
An arbitrary termination occurs when the decision appears to be capricious or without any justifiable reason. If the termination seems to be made without following established procedures or principles of fairness, it can be challenged in court.
- If the termination be unconscionable:
A termination may be deemed unconscionable if it is excessively harsh or oppressive to one party. If the circumstances surrounding the termination violate notions of fairness and justice, judicial intervention may be sought.
Conclusion
In essence, all three conditions—unreasonableness, arbitrariness, and unconscionability—can provide grounds for judicial intervention in cases of termination by public authorities. Therefore, the correct answer is option 'D', as all these factors can attract judicial scrutiny to ensure that actions taken by public bodies remain within the bounds of legality and fairness.
This highlights the importance of accountability in public administration and the role of the judiciary in safeguarding individual rights against potential misuse of power.
When an agency with public authority or a public body terminates a contract or service, judicial intervention through a writ petition can be necessary under certain conditions.
Reasons for Judicial Intervention
- If the termination be unreasonable:
Judicial review may be warranted if the termination is found to be unreasonable. This means that the decision lacks a rational basis or fails to consider essential facts, leading to an unjust outcome.
- If the termination be arbitrary:
An arbitrary termination occurs when the decision appears to be capricious or without any justifiable reason. If the termination seems to be made without following established procedures or principles of fairness, it can be challenged in court.
- If the termination be unconscionable:
A termination may be deemed unconscionable if it is excessively harsh or oppressive to one party. If the circumstances surrounding the termination violate notions of fairness and justice, judicial intervention may be sought.
Conclusion
In essence, all three conditions—unreasonableness, arbitrariness, and unconscionability—can provide grounds for judicial intervention in cases of termination by public authorities. Therefore, the correct answer is option 'D', as all these factors can attract judicial scrutiny to ensure that actions taken by public bodies remain within the bounds of legality and fairness.
This highlights the importance of accountability in public administration and the role of the judiciary in safeguarding individual rights against potential misuse of power.
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Termination of an agency with public authority or a public body may at...
Reasons for judicial intervention in termination of an agency with public authority:
- If the termination be unreasonable: The court may intervene if the termination of the agency is found to be unreasonable, meaning that it lacks a valid justification or rationale.
- If the termination be arbitrary: Judicial intervention may occur if the termination is arbitrary, meaning that it is done without any proper reasoning or basis.
- If the termination be unconscionable: If the termination is deemed unconscionable, meaning that it is so unfair or unreasonable that it shocks the conscience, the court may step in to address the issue.
- All of them: When any of the above reasons are present in the termination of an agency with public authority, it is likely to attract judicial intervention in the form of a writ petition.
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Termination of an agency with public authority or a public body may attract judicial intervention in writ petition:a)If the termination be unreasonableb)If the termination be arbitraryc)If the termination be unconscionabled)All of themCorrect answer is option 'D'. Can you explain this answer?
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Termination of an agency with public authority or a public body may attract judicial intervention in writ petition:a)If the termination be unreasonableb)If the termination be arbitraryc)If the termination be unconscionabled)All of themCorrect answer is option 'D'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Termination of an agency with public authority or a public body may attract judicial intervention in writ petition:a)If the termination be unreasonableb)If the termination be arbitraryc)If the termination be unconscionabled)All of themCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Termination of an agency with public authority or a public body may attract judicial intervention in writ petition:a)If the termination be unreasonableb)If the termination be arbitraryc)If the termination be unconscionabled)All of themCorrect answer is option 'D'. Can you explain this answer?.
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