ADMINISTRATIVE LAW

UNIT 1

VIBHUTI SHRIVASTAVA
ASSISTANT PROFESSOR, PARUL INSTITUTE OF LAW
 INTRODUCTION TO ADMINISTRATIVE LAW

Apart from the traditional functions of maintaining law and order, administering justice, and
protecting its citizens from aggression, states have taken on a variety of functions in modern times
that did not previously fall within their purview. The states have implemented various development,
planning, and welfare schemes that affect every aspect of human life. During this process, enormous
powers had to be conferred on the government, without which the welfare state’s objectives could
not have been met. Thus, administrative law is a by-product of the state’s expanding socioeconomic
functions and increased powers.
 CONCEPT AND DEFINITION OF ADMINISTRATIVE LAW

• Administrative law is a subset of public law that deals with the various powers, responsibilities,
rights, and liabilities of government agencies involved in public administration. Various attempts to
provide a definitive definition have been made, but none have been successful. “Administrative
law is as to determine the ends to which sovereign powers shall be exercised and the modes in
which those powers shall be exercised,” according to Austin. They shall be exercised in the
following ways:
1. Directly by subordinate political superiors to whom portions of those are delegated or committed in trust.
2. Directly by the sovereign member’s monarch
• Administrative law, according to Jennings, is “A law relating to the administration, powers and duties of
administrative authorities.”
 NATURE OF ADMINISTRATIVE LAW

• Administrative law is, in the true sense of the word, a law. However, it is not a law in the sense of “property
law,” “land laws,” “labour laws,” and so on. It includes the study of things that aren’t technically laws, such as
administrative circulars, policy statements, resolutions, memorandums, administrative circulars, policy
statements, and so on. Aside from that, it includes “higher law; natural justice” in its research. In contrast to
private law, which deals with individual inter se relationships, administrative law is a branch of public law. As a
result, administrative law is primarily concerned with the interaction of individual and organized power.
• Administrative law also covers the structure and powers of administrative and quasi-administrative agencies.
This emphasis on organizational study is only necessary to the extent that it is required by the powers,
characteristics of actions, procedures for exercising those powers, and control mechanisms provided therein.
As a result, not only administrative agencies are included in the research. The importance of studying
Organization is only emphasized to the extent that understanding the powers and control mechanisms
provided therein is required. As a result, it includes not only administrative agencies like corporations, but also
boards, universities, and other institutions in its research.
 SCOPE OF ADMINISTRATIVE LAW

• Administrative law is primarily concerned with official actions that include:

• Making rules is an action.
• Adjudicatory action or rule decision action.
• The action of applying the rule.
• Aside from the main action, the study also includes actions that are incidental to the
main action, such as investigative, supervisory, advisory, and declaratory actions.
Administrative law also encompasses the mechanisms for keeping administrative
agencies within their bounds and ensuring that they are effectively serving individuals.
The review process is the technical name for this control mechanism.
CONTINUED….

Its scope includes the following administrative actions:

1. Writs of habeas corpus, mandamus, certiorari, and prohibition are used by courts to exercise jurisdiction.

2. Suits, injunctions, and declaratory actions are used by courts to exercise ordinary judicial powers.

3. Administrative authorities at a higher level

4. In the twentieth century, public opinion and the media were also important controls on any administration that
could not be ignored.

5. Access to justice also acts as a deterrent to bureaucratic overreach in the exercise of public power.

6. The goal of administrative law is to reconcile democratic safeguards and fair play standards with effective
government conduct in the field of administrative action.
 MAIN FUNCTIONS OF ADMINISTRATIVE LAW

1) to regulate the relation between the organised powers and the common man

2) to study the statutory bodies which translates the public policy of the government

3) to determine the working relationship between administrative Agencies for example between minister
and local authority

4) to control and regulated ministry to discretion

5) to ensure transparency and openness in the administration;

6) to provide an effective redressal system for citizens grievance

 GENERAL PRINCIPLES OF ADMINISTRATIVE LAW

The first step in administrative law is to determine the legal validity or authority of the government
official’s action. This entails examining the legal authority to act’s foundation, that is, the specific law
that grants that administrator the legal authority to act. Constitutional law primarily concerns who
has the authority to make laws. Administrative law is concerned with the actions of government
officials who have been given authority by these laws. As a result, constitutional and administrative
law are inextricably linked. If the law that empowered the government official to act is found to be
unconstitutional and thus invalid, any actions taken by the government official under that law will be
invalid as well. As a result, an individual who has been harmed by this action may be able to seek
legal redress.
 THE RULE OF LAW

Rule of Law – Meaning & Scope

• Dicey in his work stated that Rule of Law is fundamental to the English legal system and gives the
following three meanings to the doctrine:
1. Supremacy of Law
1. Rule of law according to Dicey means the absolute supremacy or predominance of regular
law as opposed to the influence of arbitrary power or wide discretionary power.
2. It means the exclusion of the existence of arbitrariness on part of the government.
3. This in essence means that no man can be arrested, punished or be lawfully made to suffer in
body or in goods except by the due process of law and for breach of a law established in the
ordinary legal manner before the ordinary courts of the land.
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2. Equality before Law

1. While explaining this aspect of the doctrine, Dicey stated that there must be equality before
the law or equal subjection of all classes to the ordinary law of the land administered by the
ordinary law courts.
2. Dicey believed that the exemption of civil servants from the jurisdiction of the ordinary
courts of law and providing them with the special tribunals was the negation of equality.
3. He stated that any encroachments on the jurisdiction of the courts and any restriction on the
subject’s unimpeded access to them are bound to jeopardise his rights.
CONTINUED….

3. Judge-made Constitution
1. Dicey observed that in many countries rights such as the right to personal liberty, freedom
from arrest, freedom to hold public meetings, etc. are guaranteed by a written Constitution;
in England, it is not so.
2. In England, those rights are the result of judicial decisions in concrete cases that have actually
arisen between the parties.
3. Thus he emphasized the role of the courts of law as guarantors of liberty and suggested that
the rights would be secured more adequately if they were enforceable in the courts of law
than by mere declaration of those rights in a document.
 RULE OF LAW AND INDIAN CONSTITUTION

The Preamble of the Constitution itself prescribes the ideas of Justice, Liberty and Equality. These concepts are
further enunciated in Part III of the Constitution and are made enforceable. All three branches of the government
are subordinate i.e. the Judiciary, Legislature and the Executive are not only subordinate to the Constitution but
are bound to act according to the provisions of the Constitution. The doctrine of judicial review is embodied in the
Constitution and the subjects can approach the High Court and the Supreme Court for the enforcement of
fundamental rights. If the Executive or the government abuses the power vested in it or if the action is mala
fide, the same can be quashed by the ordinary courts of law.
The Supreme Court of India in Chief Settlement Commissioner Punjab v. Om Prakash observed that in our
constitutional system, the central and most characteristic feature is the concept of the rule of law which means, in
the present context, the authority of the law courts to test all administrative action by the standard of legality. The
Court added that the doctrine of rule of law rejects the conception of the dual state in which government action is
paced in a privileged position of immunity from control by law.
 EXCEPTIONS TO RULE OF LAW

 Some exceptions to the concept of the rule of law are discussed below.
 ‘Equality of Law’ does not mean that the powers of private citizens are the same as the
powers of public officials. e.g. a police officer has the power to arrest which the private
citizen does not have.
 The rule of law does not prevent certain classes of persons from being subject to special
rules, for example, the armed forces are governed by military laws.
 Ministers and other executive bodies are given wide discretionary powers by the statute.
 Certain members of the society are governed by special rules in their professions like
lawyers, doctors and nurses.
 CONCEPT OF SEPARATION OF POWERS

In India, a separation of functions rather than of powers is followed. Unlike in the US, in India, the
concept of separation of powers is not adhered to strictly. However, a system of checks and balances
have been put in place in such a manner that the judiciary has the power to strike down any
unconstitutional laws passed by the legislature.

Today, most of the constitutional systems do not have a strict separation of powers between the
various organs in the classical sense because it is impractical. The Constitution of India embraces the
idea of separation of powers in an implied manner. Despite there being no express provision
recognizing the doctrine of separation of powers in its absolute form, the Constitution does make the
provisions for a reasonable separation of functions and powers between the three organs of
Government.
CONTINUED….

Three Organs Of Government

1. Legislature: The chief function of the legislature is to enact laws

1. It is the basis for the functioning of the other two organs, the executive and the judiciary.
2. It is also sometimes accorded the first place among the three organs because until and unless laws are enacted,
there can be no implementation and application of laws.

2. Executive: The executive is the organ that implements the laws enacted by the legislature and enforces the will of the
state.

1. It is the administrative head of the government.

2. Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.
CONTINUED….

3. Judiciary: The judiciary is that branch of the government that interprets the law, settles
disputes and administers justice to all citizens.

1. The judiciary is considered the watchdog of democracy, and also the guardian of the
Constitution.
2. It comprises of the Supreme Court, the High Courts, District and other subordinate courts.
 BACKGROUND OF THE CONCEPT OF SEPARATION OF POWERS

• This concept was first seen in the works of Aristotle, in the 4th century BCE, wherein he described
the three agencies of the government as General Assembly, Public Officials and Judiciary.
• In the Ancient Roman Republic too, a similar concept was followed.
• In modern times, it was 18th-century French philosopher Montesquieu who made the doctrine a
highly systematic and scientific one, in his book De l'esprit des lois (The Spirit of Laws).
• His work is based on an understanding of the English system which was showing a propensity
towards a greater distinction between the three organs of government.
• The idea was developed further by John Locke.
 PURPOSE OF THE SEPARATION OF POWERS

It is to prevent abuse of power by a single person or a group of individuals. It will guard the
society against the arbitrary, irrational and tyrannical powers of the state, safeguard
freedom for all and allocate each function to the suitable organs of the state for effective
discharge of their respective duties.
 MEANING OF SEPARATION OF POWERS

1. Separation of powers divides the mechanism of governance into three branches i.e. Legislature,
Executive and the Judiciary. Although different authors give different definitions, in general, we can
frame three features of this doctrine . Each organ should have different persons in capacity, i.e., a
person with a function in one organ should not be a part of another organ.
2. One organ should not interfere in the functioning of the other organs.
3. One organ should not exercise a function of another organ (they should stick to their mandate
only).
• Thus, these broad spheres are determined, but in a complex country like India there often arises
conflict and transgression by one branch over the other.
 SIGNIFICANCE OF THE DOCTRINE

• This principle ensures that autocracy does not creep into a democratic system. It
protects citizens from arbitrary rule. Hence, the importance of the Separation of Powers
doctrine can be summed up as follows : Keeps away autocracy
• Safeguards individual liberty
• Helps create an efficient administration
• Judiciary's independence is maintained
• Prevents the legislature from enacting arbitrary or unconstitutional laws
CONSTITUTIONAL STATUS OF SEPARATION OF POWERS IN INDIA

• Under the Indian Constitution:

• Legislature- Parliament ( Lok Sabha and Rajya Sabha), State legislative bodies
• Executive- At the central level- President, At the state level- Governor
• Judiciary- Supreme Court, High Court and all other subordinate courts
 SOME OF ARTICLES OF THE CONSTITUTION

Article 50: This article puts an obligation over the State to separate the judiciary from the executive. But, since this falls under the Directive
Principles of State Policy, it is not enforceable.

Articles 53 and 154: It provide that the executive power of the Union and the State shall be vested with the President and the Governor and
they enjoy immunity from civil and criminal liability.

Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They
can do so only in case of impeachment.

Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in
certain conditions.

Article 361: The President and Governors enjoy immunity from court proceedings., they shall not be answerable to any court for the
exercise and performance of the powers and duties of his office.
 WHAT IS CONSTITUTIONAL LAW?

• The liberties, rights, and powers established by a charter or a legally passed constitution are
dealt by Constitutional law. It comprises the rights of the people and powers of the several.
• Constitutional law is the highest law in India and is considered supreme.
• Prof. S P Sathe stated that Administrative law is a subset of Constitutional law, and all the
concerns related to Administrative law are considered to be Constitutional law issues.
• This points out that Constitutional law has a broad scope, with many Administrative laws
accounting for a sizable component of the Constitutional law.
• This is the difference between Administrative law and Constitutional law.
 WHAT IS ADMINISTRATIVE LAW?

• Administrative law governs the establishment of government entities, and the administration
of these entities is also concerned with this law. It defines the authorities concerning the
Administrative agencies, their created substantive regulations, and the legal relationships
binding them to the general public and other government organizations.
• Administrative law has become essential in a developed society because the connection
between the public and administrative authorities has grown increasingly complicated.
• A law that could bring about regularity and clarity and could also control the abuse of
administrative authority was required to manage these intricate relationships; this legislation
is known as administrative law.
 RELATIONSHIP BETWEEN CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW

• Constitutional law is the most essential origin of Administrative law in the country. The
relationship between Constitutional law and Administrative law is that Constitutional law
is the source and soul of Administrative law. In short, Constitutional law is the parent of
Administrative law.
• It is evident that Administrative law cannot perform its roles and responsibilities without
the presence of a constitution.
• Administrative law is completely dependent on the Constitutional law of India.
DIFFERENCE BETWEEN CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW

Constitutional Law Administrative law

The ultimate law of any nation-state is Constitutional law. Administrative law is ancillary to the ultimate law.

Deals with the organs of the State and its structure Deals with the actual functioning of the organs of the State.

It has a wide scope and deals with the powers of the State, general principles of It has a narrow scope and only deals with the powers and functioning of the
governance, and the relationship between the citizens and the State. Administrative bodies.

It is codified into a single text in countries with a written constitution. It is not codified. There might be hundreds of thousands of Administrative laws.

Administrative law defines its legal roles and limitations. Therefore, it can be seen as
Constitutional law establishes an Administrative body
the action arm of Constitutional law.
 DELEGATION OF AUTHORITY

• Given the importance of government business, delegation of powers from legislators to

administrators is necessary. Parliament cannot decide all issues in a country due to the large
number of decisions that must be made. Another important reason for delegating powers is that
laws must be broad by definition, as the wording of laws cannot encompass all specific and
frequently changing circumstances that arise.
• As a result, the application of the law may necessitate some discretion in order to apply to specific
circumstances, and the laws themselves must establish criteria for exercising such discretion in
order to ensure fairness and consistency. Almost every law passed by Parliament specifies the
powers and responsibilities of various government entities or officials, such as the cabinet, a
specific minister or civil servant, or a judge. Because delegation of powers is so important,
Parliament has developed control guidelines for its own delegation of powers to administrators.
THANKYOU