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ADMINISTRATIVE LAW PROJECT

TABLE OF CONTENTS

ACKNOWLEDGEMENT .............................................................. Error! Bookmark not defined.

TABLE OF CONTENTS ............................................................................................................. 1

INTRODUCTION:- ..................................................................................................................... 2

MEANING OF ADMINISTRATIVE LAW ..................................................................................... 3

NATURE OF ADMINISTRATIVE LAW ....................................................................................... 6

SCOPE OF ADMINISTRATIVE LAW: ........................................................................................ 7

REASON FOR GROWTH .........................................................................................................10

CONCLUSION ..........................................................................................................................12

BIBLIOGRAPHY: ......................................................................................................................13

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ADMINISTRATIVE LAW PROJECT

INTRODUCTION:-

The basic and traditional functions of the state are those of maintenance of law and
order and of collecting taxes from the public. However during the last century, there has
been a tremendous increase in the functions of the State. This increase in powers and
functions of State has made the relationship of the administrative authorities and the
people have very complex. In order to regulate these complex relations, some law is
necessary, which may bring about regulatory certainty and may check at the same time
the misuse of powers vested in the administration. This law is known as ‘Administrative
law’.

Administrative law is the body of law that governs the activities of administrative
agencies of the government which comprise of rule making or legislation (when
delegated to them by the Legislature as and when the need be), adjudication (to
pronounce decisions while giving judgements on certain matters),
implementation/enforcement of public policy.

Thus administrative law is nothing but the bye-product of the growing socio-economic
functions of the State and the increased powers of the government. The development of
Administrative law is an inevitable necessity of the modern times. Therefore it is
necessary to understand the nature and scope of administrative law.

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MEANING OF ADMINISTRATIVE LAW

The expression ‘Administrative Law’ may mean two different things, namely –

(a) law relating to administration, and

(b) law made by the administration.

The latter would itself be of two kinds. Firstly, it may be rules, regulations, orders,
schemes, bye-laws, etc., made by the administrative authorities on whom power to
make such subordinate legislation is conferred by a statute. This may be called ‘rule-
making’. Secondly, certain administrative authorities have power to decide questions of
law and/ or fact affecting particular person or persons generally, i.e., adjudication. Most
of such powers are exercised quasi-judicially. Such decisions apply a statute or
administrative policy and instructions to specific cases. In doing so, they create a body
of administrative law.

It is indeed difficult to arrive at a specific, precise and satisfactory definition of


administrative law. Many jurists have made attempts to define it, but none of the
definitions have completely demarcated the nature, scope and content of administrative
law. Either the definitions are too broad and include much more than what is necessary
or they are too narrow and fail to include all the essential ingredients.

In the simplest sense, administrative law refers to that branch of the law which is
concerned with the composition of powers, duties, rights and liabilities of the various
organs of the Government.

Some important definitions of Administrative Law are as follows –

SIR IVOR JENNINGS

“Administrative law is the law relating to the administration. It determines the


organisation, powers and duties of the administrative authorities.”

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This is the most widely- accepted definition.

But according to Griffith and Street, there are two difficulties with this definition:

1) It does not distinguish administrative law from constitutional law.

2) It is a very wide definition. The law which determines the powers and functions of
administrative authorities may also deal with the substantive aspects of such powers.
For example, legislations relating to public health services, houses, town and country
planning etc. But these are not included within the scope and ambit of administrative
law.

A.V. DICEY

“Administrative law is that portion of a nation’s legal system which determines the
legal status and liabilities of all State officials, which defines the rights and liabilities of
private individuals in their dealings with public officials and which specifies the
procedure by which their rights and liabilities are enforced.”

According to this definition, administrative law consists of three aspects –

1. the legal status and liabilities of all State officials


2. the rights and liabilities of private individuals in their dealings with public officials,
and
3. the procedure by which their rights and liabilities are enforced

This definition has been criticized as being too narrow. It excludes the followings –

a) administrative authorities which are not State officials in strict sense e.g. public
corporations
b) the procedures to be followed by the administrative authorities
c) the powers and functions of the administrative authorities

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K.C DAVIS

“Administrative law is the law concerning the powers and procedure of administrative
agencies, including especially the law governing judicial review of administrative action.”

According to Davis, an ‘administrative agency’ is a governmental authority, other than a


court and a legislature which affects the rights of private parties either through
administrative adjudication or rulemaking.

In one respect, this definition is proper as it puts emphasis on procedure followed by


administrative agencies in exercising their powers. However it does not include the
substantive laws made by these agencies. The difficulty in accepting this definition,
however, is that it does not include within its scope Parliament control of delegated
legislation and the discretionary functions of the administrative agencies.

JAIN AND JAIN

“Administrative law deals with the structure, powers and functions of the organs of
administration, the limits of their powers, the methods and procedures followed by them
in exercising their powers and functions, the methods by which they their powers are
controlled including the legal remedies available to a person against them when his
rights are infringed by their operations.”

Administrative law, according to this definition, deals with four aspects. Firstly, it deals
with composition and the powers of administrative authorities. Secondly it fixes the limits
of the powers of those authorities. Thirdly it prescribes the procedure to be followed by
these authorities in exercising such powers. And fourthly, it controls these administrative
authorities through judicial and other means.

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NATURE OF ADMINISTRATIVE LAW

Administrative Law is a branch of public law. Public law is that part of law which governs
relationships between individuals and the government, and those relationships between
individuals which are of direct concern to society. Administrative law deals with the
relationship between individuals and the government. It is mainly concerned with the
control of the powers of the administrative authorities. The main objective of the study of
administrative law is to unravel the way in which these administrative authorities could
be kept within their limits so that the discretionary powers may not be turned into
arbitrary powers.

Administrative law controls the administrative authorities so that they may not become
despotic. Administrative law aims at maintaining a balance between administrative
powers and the individual liberty. However a distinction must be drawn between
administrative law and constitutional law. Administrative law is closely connected with
constitutional law. It has even been called as a branch of the Constitutional Law.
However at present administrative law has assumed the status of an independent
subject. Administrative law is mainly concerned with the executive branch of the
Government whereas the Constitutional Law gives equal importance to the Legislative,
Executive as well as the Judiciary.

In the words of HOLLAND, “the various organs of the Government are described by
Constitutional Law as at rest, but administrative law describes them in motion.”

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SCOPE OF ADMINISTRATIVE LAW:

Administrative law determines the organization, powers and duties of administrative


authorities. The emphasis of Administrative Law is on procedures for formal
adjudication based on the principles of Natural Justice and for rule making.

The literature on administrative law, presents the reader with considerable diversity of
opinion. For some, it is the law relating to the control of powers of the government and
for the others it is the law made by the administration. Yet others highlight the principal
objective of administrative law as ensuring governmental accountability, and fostering
participation by interested parties in the decision making process.

SCHWARTZ divides administrative law into three parts:

1. The powers vested in administrative agencies

2. The requirements imposed by law upon the exercise of those powers

3. Remedies available against unlawful administrative actions.

Further, the definition of administrative law given by JAIN AND JAIN presents an apt
example of the scope of administrative law. Based on their definition, the scope and
contents of administrative law can be divided into four aspects –

1. Composition and the powers of administrative authorities

The powers and functions of administrative authorities can be divided into three
divisions –

a. Administrative

Administrative powers and functions are the residue of the governmental powers and
functions that remain after legislative and judicial powers and functions are taken away.
It can further be divided into discretionary and ministerial functions. Discretionary
powers and functions are those wherein the administrative authorities enjoy the

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opportunity to make a choice out of available alternatives. Ministerial functions are those
wherein the element of discretion is either absent or relatively small.

b. Quasi-judicial

An act or function is treated as quasi-judicial act or function when it has some trappings
of judicial function. While exercising quasi-judicial functions, the administrative
authorities determine a matter affecting the rights of any person. Such quasi-judicial
acts are subject to the principles of natural justice and the writ of certiorari.

c. Quasi-Legislative

Although the Constitution of India empowers Legislature to make laws for the country,
but keeping in mind various multifarious activities of a welfare State, it is not possible for
the legislature to perform all the functions. Therefore the administrative authorities are
conferred with quasi-legislative powers and functions. The development of the
legislative power of the administrative authorities in the form of delegated legislation
occupies a very important place in the study of administrative law.

2. Methods of control of powers of administrative authorities

This is the most important aspect of the study of administrative law. The various
methods of control include parliamentary control, judicial control (including control
through writs), establishment of Inquiry Commissions and the institution of ombudsman.

3. Procedure to be followed by these authorities in exercising their powers

Administrative law stipulates that the procedure to be followed by the administrative


authorities in exercising its powers must be fair and reasonable. It emphasises on the
concepts of natural justice and fair hearing.

4. Remedies available to a person

Administrative law provides two kinds of remedies to a person in case his rights have
been infringed by the administrative authorities. These are – Constitutional and Ordinary
remedies. Constitutional remedies include the remedies by way of writs (under Articles

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32 and 226 of the Constitution). Ordinary remedies or equitable remedies include such
other remedies which may be available even against a private individual. E.g. injunction,
damages etc. This has been made possible by way of Article 300 of the Constitution
which states that the Government shall sue and may be sued, thus fixing contractual
and tortuous liability of States.

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REASON FOR GROWTH

1. Change in role of State

There is a radical change in the philosophy of the role played by the State. The negative
policy of maintaining “law and order” and of “laissez faire” has radically changed. The
State has not confined its scope to the traditional and minimum functions of defence
and administration of justice, but has adopted the positive policy and as a welfare state
has undertaken to perform varied functions.

2. Failure of Judiciary

The judicial system was proved to be inadequate to decide ad settle all types of
disputes. It was slow, costly, inept, complex and formalistic. It was already
overburdened and it was not possible to expect speedy disposal of even very important
matters e.g., disputes between employers and employees, lockouts, strikes, etc.
therefore, industrial tribunals and labour courts were established which possessed the
techniques and expertise to handle these complex problems.

3. Inadequate legislative action

The legislative process was also inadequate. It had no times and technique to deal with
all the details. It was impossible for the legislature to lay down detailed rules and
procedures, and even when detailed provisions were laid down by the legislature, they
were found to be defective and inadequate. Therefore, it was necessary to delegate
some powers to the administrative authorities.

4. Speedy Justice

Administrative authorities can avoid technicalities. Administrative law represents


functional rather than a theoretical and legalistic approach. The traditional judiciary is
conservative, rigid and technical. It is not possible for courts to decide cases without
formality and technicality. Administrative tribunals are not bound by rules of evidence

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and procedure, and they can take a practical view of the matter to decide complex
problems.

5. Scope for experimentation

There scope of experimentation in administrative process. Here, unlike in legislation, it


is not necessary to continue a rule until commencement of the next session of the
legislature. Here a rule can be made, tried for some time and if it is defective, can be
altered or modified within a short period.

Thus, legislation is rigid in character, while, administrative process is flexible. At present


all the technical experts are with the Administrative organs. In case it is attempted to
shift the legal job of Administration to the present judiciary and the present legislations,
the same will be handicapped due to lack of technical knowledge. Thus in order to
utilise and use the talent of the technical experts which are at present with the
Administrative organs it is really wise creating new and coordinating branch of law i.e.
Administrative law.

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CONCLUSION

Administrative law is the bye-product of the growing socio-economic functions of the


State and the increased powers of the government. Administrative law has become very
necessary in the developed society, the relationship of the administrative authorities and
the people have become very complex. In order to regulate these complex, relations,
some law is necessary, which may bring about regularity certainty and may check at the
same time the misuse of powers vested in the administration.
The administrative process has come to stay and it has to be accepted as a necessary
evil in all progressive societies, particularly in a welfare state, where many schemes for
the progress of society are prepared and administered by the government. The
execution and implementation of this programme may adversely affect the rights of
citizens. The actual problem is to reconcile social welfare with the rights of individual
subjects. As has been rightly observed by LORD DENNING,

“Properly exercised, the new powers of the executive lead to the Welfare State, but
abused they lead to Totalitarian State.”

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BIBLIOGRAPHY:

www.Scribd.com

www.manupatra.com

www.indiankanoon.com

Administrative law (S.R Myneni)

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