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Mala fide

Term
General
Literal meaningIn bad faith
PronunciationMAH-la FY-dee

With dishonest intention or with an improper purpose. A mala fide act is done to deceive or to harm.

Example

An official transfers an employee only to punish him for a complaint. The transfer is mala fide.

Case laws
  • E.P. Royappa v. State of Tamil Nadu (1974), Supreme Court: the charge of mala fides against the Chief Minister was not proved, but the Court held that arbitrary action violates Article 14.
  • S. Pratap Singh v. State of Punjab (1964), Supreme Court: a charge of mala fides against a high officer must be pleaded and proved clearly.
Exceptions / limits

The person alleging mala fides must prove it. Strong proof is needed against high authorities.

Exam tip

Asked in administrative law as a ground for judicial review.

Memory trick

Mala = bad, fide = faith.

Key takeaway

An act done with an improper purpose is mala fide and can be struck down.

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