Mala Fide

Mala fide, the antithesis of bona fide, refers to actions taken in bad faith with dishonest intention, ulterior motives, or deliberate wrongdoing. In Indian administrative law, mala fide exercise of power is a well-recognized ground for judicial review. An order passed mala fide is void and can be set aside even if it is otherwise within the scope of the authority's power.

Proving mala fides is challenging as it requires demonstration of the state of mind of the decision-maker. Indian courts have held that mere allegations of mala fides are not sufficient; they must be specifically pleaded with particulars and proved by clear evidence. The burden of proof lies on the person alleging bad faith. Courts look for objective evidence of improper motive rather than speculating about subjective intentions.

In criminal law, mala fide conduct can aggravate offenses and affect sentencing. In civil matters, particularly in employment and administrative law, mala fide actions by authorities can lead to awards of exemplary damages. The Supreme Court has emphasized that even if the outcome of a decision appears correct, a finding of mala fide vitiates the entire proceeding.