Introduction to

Administrative Law
BY Kalyani Abhyankar
Definition and Scope of Administrative Law

• Heuristic Science:
• Administrative law is a branch of public law.
• It aims to develop a society based on fairness, reasonableness, and
justice.
• Anti-Authoritarian Nature:
• Acts as a check on administrative power.
• Ensures accountability and transparency in administration.
• Dharma of Administration:
• Represents the ethical and legal standards administrators must follow.
• 21st Century Relevance:
• Significant due to economic liberalization and globalization.
• Aims to implement the rule of law in global administrative spaces.
• More than a legal discourse, it is a civilizational discourse.
• Recognition in India:
• Gained prominence in the mid-20th century.
• Essential due to the extensive reach of administration in daily life.
• Constitutional Foundations:
• Principles emerge from Articles 14 (Equality before Law) and 21 (Right to Life
and Personal Liberty) of the Indian Constitution.
Administration in Administrative Law
• Includes:
• Executive Actions:
• All government programs and policies.
• Parliament and Judiciary:
• Administrative aspects of legislative and judicial bodies.
• State-like Actors:
• Actions of government agencies and instrumentalities.
• Non-State Actors:
• Actions of private entities performing public functions.
Government Schemes 2024
• Nutrition Smart Village
• Poverty Alleviation Programmes in India
• Senior Citizen Saving Scheme
• Annapurna Scheme
Importance and Purpose of Administrative Law

• Growth of Administrative Power:

• Necessary for development but can threaten people's rights.
• Risk of authoritarianism if not checked.
• Role of Administrative Law:
• Ensures stability and growth of society.
• Maintains a just social order and welfare of mankind.
• Channels administrative power to balance growth with liberty.
• Principled Regulation:
• Goes beyond legalism.
• Regulates domestic and global administrative space to expand human
freedoms.
• Social Function:
• Essential for maintaining a rule of law society.
• Prevents societal collapse under administrative weight.
Foundation of Administrative Law:

• Checking Abuse of Power:

• Prevents misuse of administrative authority.
• Impartial Dispute Resolution:
• Ensures fair determination of disputes by officials.
• Protecting Citizen Rights:
• Guards against unauthorized encroachment on rights and
interests.
• Accountability:
• Holds public power exercisers accountable to the people.
Historical Background and Definition of
Administrative Law
•Background:
•Dr. F.J. Port published the first book titled “Administrative Law” in
1929 in England.

•Legal Rules:
•Explanation: Administrative law consists of legal rules that aim to
fulfill public law.
•Example: Laws that regulate public health policies, ensuring they
serve the public interest.
•Connection to Legislature:
• Explanation: Most rules are laid down by the legislative body (Parliament).
• Example: The Consumer Protection Act 2019, created by the legislature to protect
consumer rights.

•Connection to Judiciary:
• Explanation:
• Judicial Actions: Rules governing legal actions by or against administrative entities.
• Example: A citizen suing a government department for unfair treatment.
• Judicial Powers: Sometimes, administrative bodies have judicial powers.
• Example: Income Tax Appellate Tribunal resolving tax disputes.
Sir Ivor Jennings' Definition of Administrative
Law
• Definition:
• Administrative Law: The law relating to administration.
• Focus: Determines the organization, powers, and duties of
administrative authorities.
A.V. Dicey's View
• Obsession with French “Droit Administratif”:
• Focus on the French system of administrative law.
• Judicial Remedies: Concentration on how courts can hold state
officials accountable
• Example: Citizens suing officials for abuse of power.
• Dicey’s Limited Focus
• Judicial Accountability:
• Dicey prioritized the ability of courts to provide remedies against state
officials.
• Example: Lawsuits against officials for unlawful actions.
• Neglected Areas:
• Did not cover how administrative agencies operate or make decisions.
• Example: Procedures for creating regulations or internal agency processes.
K.C. Davis' Definition of Administrative Law
• Administrative Law: The law concerning the powers and procedures
of administrative agencies, including especially the law governing
judicial review of administrative action.

• K.C. Davis' Definition of Administrative Law

• General Definition: Concerns powers and procedures of
administrative agencies, especially judicial review.
• Focus on procedures, excluding substantive laws.
• Example: Licensing processes.
• Davis' View on Administrative Agencies: Government authority
affecting private rights through adjudication or rule-making.
• Example: SEBI's regulation and adjudication.
• Limitations:
• Excludes non-adjudicative functions.
• Emphasizes judicial control, ignoring other forms.
• Example: Issuing permits, parliamentary control, administrative
appeals.
Griffith and Street’s View on Administrative
Law
• Main Object:
• Operation and control of administrative authorities
• Key Aspects: Power: What powers do administrative authorities have?
• Example: FDA’s power to regulate drugs.
• Limits: What are the limits of these powers?
• Example: EPA’s regulatory constraints.
• Control: How is power contained?
• Example: Judicial review of administrative decisions.
Nature and Scope
• Definition and Realist Perspective
• Administrative law is not like traditional laws (e.g., property law,
contract law).
• It includes statute law, administrative rule-making, precedents,
customs, and more.
• Example: Government-issued administrative circulars or policy
statements.
• Judge-Made Law in India
• Administrative law in India is largely created by judges.
• It benefits from judicial insights but can also be unpredictable.
• Example: Supreme Court judgments shaping administrative
procedures.
• Public Law vs. Private Law
• Administrative law deals with the relationship between individuals
and organized power.
• It contrasts with private law, which handles relationships between
individuals.
• Example: Citizen's right to fair treatment by government agencies.
• Administrative and Quasi-Administrative Agencies
• Covers the organization and powers of various agencies.
• Includes corporations, firms, autonomous agencies, individuals, and
civil society institutions.
• Example: Regulatory bodies like the Securities and Exchange Board of
India (SEBI).
• Principles Governing Agencies
• Focuses on existing and new principles guiding agencies' powers.
• Includes principles of natural justice, reasonableness, and fairness.
• Example: Right to a fair hearing in administrative proceedings.
• Types of Official Actions
• Administrative actions include:
• Rule-making (quasi-legislative)
• Rule-decision (quasi-judicial)
• Rule-application (administrative)
• Ministerial action (pure administrative)
• Example: Environmental regulations created by the Ministry of
Environment, Forest, and Climate Change.
• Procedure in Administrative Actions
• Procedure varies and may be outlined in statutes or left to agencies.
• Importance of trustworthy procedures for just outcomes.
• Example: Administrative Procedure Act, 1946 in the US, Tribunals and
Enquiries Act in the UK., 1992
• Control Mechanisms (Review Process)
• Various mechanisms to keep administrative agencies in check:
• Judicial Control: Courts exercising writ jurisdiction (e.g., writs of habeas
corpus, mandamus).
• Statutory Authorities: Ombudsman, Human Rights Commissions.
• Higher Authorities: Supervisory control by senior officials.
• Public Opinion and Mass Media: Influencing administrative actions through
public scrutiny.
• Civil Society and Interest Groups: Advocacy and pressure from organizations.
• Example: The role of RTI (Right to Information) activists in ensuring
transparency.
• Exercise of Public Power
• Control Mechanisms at Pre-Natal and Post-Natal Stages
• Involves both preventive and corrective measures.
• Example: Consumer Protection and Research Society, Society for the Protection of Civil Liberties,
Chipko Movement.
• Easy Access to Justice
• Ensures checks on bureaucratic excesses.
• Characteristics include:
• Cheap, speedy, and less formalistic procedures.
• Legal aid and availability of advocates for public interest litigation.
• Intellectual capacity of the party.
• Active participation of judges.
• Example: Public interest litigation (PIL) on illegal felling of trees and environmental pollution.
• Weaknesses in the Indian System
• Procedural law and practice are formalistic, slow, and expensive.
• Legal aid is not widely available
• Few advocates take up public interest litigation.
• Example: Recent active participation of judges treating letters as writ
petitions.
• Role of Rights in Administrative Control
• Right to Know: Ensures transparency.
• Right to Reply: Provides individuals a chance to respond.
• Discretion to Disobey: Acts as a check on arbitrary actions.
• Example: Media and public opinion influencing administrative
behavior.
Reasons for the Growth of Administrative Law in India

• Expansion of Government Functions

• Government roles have expanded from traditional functions to
welfare activities.
• Increased regulation in areas like education, health, and social
welfare.
• Example: Implementation of schemes like MGNREGA (Mahatma
Gandhi National Rural Employment Guarantee Act).
• Economic Planning and Development
• Need for regulation and control in economic activities due to planned
development.
• Government intervention in industry, agriculture, and trade.
• Example: Five-Year Plans and establishment of regulatory bodies like
SEBI (Securities and Exchange Board of India).
• Increased Role of Public Sector
• Growth of public sector enterprises necessitating regulation and control.
• Example: Establishment of PSUs (Public Sector Undertakings) like ONGC and
SAIL
• Protection of Rights and Interests
• Need to protect the rights and interests of citizens against administrative
actions.
• Establishment of mechanisms like Consumer Courts, Lok Adalats, and
Ombudsman.
• Example: Consumer Protection Act, 2019
• Judicial Activism
• Increased intervention by judiciary in administrative matters.
• Use of Public Interest Litigation (PIL) to address issues of public
concern.
• Example: Supreme Court's intervention in environmental protection
cases.
• Complexity of Modern Governance
• Modern governance involves complex administrative processes and
specialized knowledge.
• Need for detailed rules and regulations to manage these complexities.
• Example: Detailed regulations for financial markets by SEBI.
• Globalization and Liberalization
• Impact of globalization leading to new regulatory challenges.
• Liberalization of the economy necessitating new administrative
frameworks.
• Example: Introduction of Competition Act, 2002 to regulate market
competition.
• Technological Advancements
• Technological growth requiring updated regulatory frameworks.
• Example: Information Technology Act, 2000 to address cyber crimes and e-
commerce.
• Social Justice and Equity
• Focus on achieving social justice and equity through administrative measures.
• Example: Reservation policies in education and employment for marginalized
communities.
Changing Perceptions and Responsibilities

• Solvable Problems, Not Political Controversies

• Shift in perspective from viewing issues as political to seeing them as
solvable problems.
• Example: Government intervention in employer-employee conflicts to
maintain industrial harmony.
• Government Responsibility
• Regulation of ownership, production, and distribution for societal
welfare.
• Example: Policies ensuring equitable distribution of resources.
• Control Over Technological Forces Modern governments need to
manage the impacts of technological advancements.
• Example: Regulations to control environmental pollution from
industrial activities.
• Addressing Multi-Dimensional Problems Modern issues like
urbanization, resource exploitation, and pollution require
administrative regulation.
• Example: Urban planning laws to manage city growth and prevent
haphazard development.
• Addressing Multi-Dimensional Problems Modern issues like
urbanization, resource exploitation, and pollution require
administrative regulation.
• Example: Urban planning laws to manage city growth and prevent
haphazard development.
• Limitations of Traditional Judicial Systems Traditional courts are
often too slow, technical, and expensive for modern needs.
• Example: Administrative tribunals for quick resolution of industrial
disputes.
• From Punitive to Preventive Justice Emphasis on preventing issues rather
than punishing after the fact.
• Example: Regulatory bodies like the Pollution Control Board working to
prevent environmental harm.
• Need for Dynamic and Fair Solutions Modern issues require not just
adjudication but also development and fair solutions.
• Example: Labor courts providing fair resolutions in industrial disputes.
• Technical, Expensive, and Dilatory Justice Traditional justice systems are
often unfit for dynamic and developmental issues.
• Example: Establishment of Lok Adalats for quick and cost-effective dispute
resolution.
Historical Background

• Early Administrative Legislation and Adjudication

• India had a system of administrative legislation and adjudication from
early times.
• British administration aimed at maximizing profit, necessitating
efficient administration.
• During the Company days, courts were tools in the Company’s hands.
• The executive had overriding powers in matters of justice.
• Supreme Court at Calcutta (1774)
• Established under the Regulating Act, 1773.
• Marked the beginning of independent judicial administration.
• Example: Supreme Court's establishment aimed to bring independent
judicial oversight.
• Centralized but Undemocratic Government
• From the Battle of Plassey (1757) until Independence, India had
centralized administrative control.
• Cornwallis Code (1793), Elphinstone Code (1827), and other
regulations were in operation
• Focused on regulating administrative powers and their control.
• Example: Cornwallis Code aimed at creating a more structured
administrative framework.
• Regulation 10 of 1822
• Codified laws regarding excise on salt, opium, and general customs.
• Focused on the powers and control of administrative agencies like salt
chowkies.
• Required recording of facts, evidence, and decisions by administrative
agencies.
• Example: Similar to the Administrative Procedure Act, 1946 in the US.
Post-Independence Developments
• After Independence, India transitioned to a welfare state. Expansion
of government functions to include social welfare, economic planning,
and public health. Example: Establishment of welfare schemes like the
Public Distribution System (PDS).
Post-Independence Developments
• Philosophy of Welfare State
• The Indian Constitution embraces the welfare state philosophy.
• Preamble: Establishes India as a sovereign, socialist, secular,
democratic republic.
• Aims: Social, economic, and political justice; liberty of thought, expression,
belief, faith, and worship; equality of status and opportunity; fraternity
assuring individual dignity and national unity.
Directive Principles of State Policy

• Article 38: State to secure social and economic justice in national life.
• Article 39: Equal rights to livelihood, distribution of resources for the common
good, prevention of wealth concentration, and equal pay for equal work.
• Article 39-A: Equal justice and free legal aid.
• Article 41: Right to education, assistance in old age, unemployment, and other
contingencies.
• Article 43: Secure work, living wage, and decent standard of living for workers.
• Article 43-A: Participation of workers in industrial management.
• Article 45: Free and compulsory education for children up to 14 years.
• Article 47: Raise nutrition levels, standard of living, and public health.
• Article 48-A: Protect and improve the environment.
• Administrative Process and Justice
• Articles 323-A and 323-B: Establishment of special tribunals for
administrative justice.
• Example: Central Administrative Tribunal (CAT) for resolving service
disputes of government employees.
Economic Liberalisation and Globalisation

• 1990s Onwards
• Economic liberalization and globalization created huge regulatory space.
• Creation of various regulatory agencies.
• Example: Securities and Exchange Board of India (SEBI) for regulating the
securities market.
• Corporatization of Economy
• Further impetus to the growth of the administrative process.
• Example: Telecom Regulatory Authority of India (TRAI) for regulating
telecommunications.
Constitutional Control Mechanisms

• Judicial Review
• Articles 32 and 226: Powers to issue writs (certiorari, mandamus, quo
warranto, prohibition, habeas corpus) to check government excesses.
• Example: Public Interest Litigations (PILs) filed in the Supreme Court
and High Courts.
• Protection of Government Servants
• Article 311: Protects government servants from arbitrary dismissal,
termination, and reduction in rank.
• Example: Disciplinary actions against government employees must follow due
process.
• Supreme Court Special Leave
• Article 136: Supreme Court can grant special leave to appeal from any
judgment, decree, or order of any court or tribunal in India.
• Example: Supreme Court intervening in significant cases impacting
public interest.
• High Court Superintendence
• Article 227: High Courts have superintendence over all courts and
tribunals within their jurisdiction.
• Example: High Courts reviewing decisions of lower courts and
tribunals.
• Legislative Actions
• Article 13: Defines "law" to include orders, bye-laws, rules, and
notifications.
• Rule-making actions of the administration can be challenged if they
violate fundamental rights.
• Example: Challenging administrative orders that infringe on
constitutional rights.
• Administrative Agencies Established by Constitution
• Article 263: Inter-State Council.
• Article 280: Finance Commission.
• Article 262: Inter-State Water Dispute Authority.
• Article 315: Public Service Commissions of India.
• Article 324: Election Commission.
• Example: Election Commission ensuring free and fair elections.
Constitutional Law v Administrative Law
• Overview
• Both are parts of public law.
• Constitutional Law: Anti-majoritarian.
• Administrative Law: Anti-authoritarian.
• Constitutional Law
• Limits power by constitutional values and principles.
• Deals with the structure and fundamental principles of the
government.
• Example: Division of powers between different branches of
government.
• Administrative Law
• Limits exercise of power by fairness, reasonableness, and justness.
• Fills in the gaps of constitutional governance.
• Example: Ensures public-centric governance and ethical state actions.
• Interrelation
• Early English View: No distinction between administrative and
constitutional law.
• Keith: Impossible to distinguish logically between the two.
• Holland: Constitutional law at rest vs. administrative law in motion.
• Example: Structure of Parliament (constitutional law) vs. Parliamentary
procedures (administrative law).
• Maitland's View: Criticizes this division.
• Modern Understanding
• Administrative Law: Organization, functions, powers, and duties of
administrative authorities.
• Constitutional Law: General principles of organization and power of
state organs.
• Example: Rights (constitutional law) vs. Public needs (administrative law).
• Overlap and Distinction
• Written Constitutions (like India): Clearer distinction.
• Source of Constitutional Law: Constitution.
• Source of Administrative Law: Statutes, precedents, customs.
• Example:
• Constitutional Law: Fundamental Rights (Part III of the Constitution).
• Administrative Law: Delegation of powers and control mechanisms.
Droit Administratif in France

• Overview of Droit Administratif

• Definition: Body of public law determining the organization and
duties of public administration and regulating its relations with
citizens.
• Associated with: Napoleon Bonaparte.
• Historical Context
• Pre-Revolution France:
• Power Struggle: Between Bonapartists (executive power) and reformist
parliaments (ordinary courts).
• Conseil du Roi: Advised the King in legal and administrative matters, similar to
Britain's Curia Regis and Privy Council.
• Post-Revolution (1789):
• 1790 Law: Curtailment of executive power based on separation of powers
theory.
• Conseil d’Etat (1799): Established by Napoleon to provide relief against
administrative excesses.
• Evolution of Conseil d’Etat
• Initial Role: Advisory body without independent judicial power.
• 1872: Gained formal power to pronounce judgments.
• Blanco Case (1873): Established jurisdiction over administrative
matters and special liability rules.
• 1889: Began receiving direct complaints from citizens.
• Characteristics of Droit Administratif
• Judge-Made Law: Developed by administrative court judges rather
than the French Parliament.
• Three Series of Rules:
• Administrative Authorities and Officials:
• Appointment, dismissal, status, salary, and duties.
• Example: Rules governing the appointment of public officials.
• Operation of Public Services:
• Services operated by public officials or supervised private agencies
• Example: Regulation of public utilities like water and electricity.
• Example Administrative Adjudication: Resolving injuries caused by
administration to private citizens.
• mple: Cases involving administrative liability heard by administrative
courts.
• Purpose and Impact
• Historical Reasons: Developed to prevent ordinary courts from
encroaching on administrative powers.
• Highest Administrative Court: Conseil d’Etat.
• Evolution of Conseil d’Etat
• Initial Role: Advisory without independent judicial power.
• 1872: Gained formal power to pronounce judgments.
• Blanco Case (1873): Established jurisdiction over administrative
matters.
• 1889: Began receiving direct complaints from citizens.
• Key Characteristics
• Judge-Made Law: Developed by administrative court judges, not the
Parliament.
• Tribunal des Conflits: Resolves jurisdiction conflicts between ordinary
and administrative courts.
• Example: Dispute over whether a case involving a public contract should be
heard by ordinary or administrative courts.
• No Code of Droit Administratif: Unlike the Code Civil, doctrines are
developed by the Conseil d’Etat.
• Purpose: Protect citizens against administrative excesses, not justify
arbitrary power.
• Integration into Civil Code: Some doctrines adopted by Parliament
into the Civil Code.
• Characteristics of Droit Administratif
• Matters Decided by Administrative Courts:
• Example: Cases involving public contracts or liability of public officials.
• Special Rules for Administrative Litigation:
• Example: Different liability rules for public officials compared to private
individuals.
• Tribunal des Conflits for Jurisdiction Conflicts:
• Example: Tribunal decides if a case involving a public service dispute falls
under administrative or ordinary courts.
• Protection of Government Officials:
• Example: Administrative courts handle cases involving official duties,
shielding officials from ordinary courts.
• Historical and Consultative Role of Conseil d’Etat: Example: In 1979,
reviewed 147 draft laws and 489 draft decrees for Parliament.
• Criticisms and Reforms
• Early Criticism: Perceived as ineffective in protecting citizens from administrative
excesses.
• Modern View: Recognized for significantly protecting citizens against administrative
overreach.
• Relevant Examples
• Administrative Authorities:
• Example: Appointment and duties of a public health official.
• Operation of Public Services:
• Example: Regulation of public transportation systems.
• Administrative Adjudication:
• Example: Resolving a dispute over compensation for property taken by the government.