ADMINISTRATIVE AUTHORITIES

In General
A state consists of three organs: -

Legislative Executive Judiciary

 During British Regime: -

We had three organs – Legislature, Executive and Judiciary.
India was not independent till 1947. The ruling foreign power was primarily
interested in strengthening its own domination; the administrative machinery
was used mainly with the object in view & the civil service came to be designed
as “steel frame”.

 After Independence: -
A conscious effort began to transform the country into a welfare state. The
emergence of social welfare concept had affected the Indian democracy
profoundly. It led to state activism. The state took over a number of functions
which were previously left to private enterprise. It runs buses, railways & postal
services; it undertook planning of social & economic life of the community
with a view to raise the living standards of the people.

This state activism has led to one inevitable result. In its quest to improve
physical, moral & economic welfare of the people, the state has assumed more
and more powers to regulate society.

While increase in State activities has meant increased work for all the organs,
yet the largest extension in depth & range of functions & powers has taken
place at level of executive organ transforming it from executive organ to
executive -cum- administrative. Thus organs of the State became –
 Legislative Judiciary Executive - cum-
Administrative

 In the 21st Century: -

With the enlargement of functions of State, administrative organ has become
pre-dominant & it is on the ascendancy; its functions & powers have grown
vastly over time. A separate organ of the State emerged as: -

Legislative Judiciary Executive Administrative

Organ Organ Organ Organ

(i) President (i) Governor

(ii) P.M. and Council of (ii) C.M. and its
Ministers Council of
(iii) Attorney General Ministers

Designated as Department, Directorates, Boards, Commissions,

Public Corporations, Authorities, Officers, Bureaus, Tribunals &
Government Companies

Statutory Regulatory Quasi – Judicial

Bodies Bodies Bodies
 Functions of Administrative Authorities: -
In general administrative authorities perform following functions –
 It makes policies
 It provides leadership to legislation
 It executes & administers the law

Categories are as following –

Legislative Executive Judiciary

Functions Functions Functions

Performed by making its own
rules, bye-laws & orders
Under the concept of
Delegated Legislation
(i) Appointment of the
officials
(ii) Termination or transfer
of officials.
To implement the laws passed by the
Parliament & to regulate are also
executive functions
To adjudicate the matters of disputes
between it (Administrative authority) &
private individuals & to provide
remedies to the person whose rights are
infringed by the operations of
administrative authorities

Under the concept of

For e.g. – SEBI regulates Stock Administrative tribunals & quasi
Market by implementing the judicial bodies
provisions of SEBI Act, 1992 &
takes actions against the failure of
following SEBI Act by the
companies
Reasons behind the Legislature functions & Judicial functions: -
The reason behind performing legislative functions and Judicial functions are as
following: -
 Legislative functions: -
A legislative body is best suited for making policies but due to lack of time,
technique & expertise to handle the mass of details, the legislature has to
content itself with laying down policies & leave the rest to administrative
authorities.

 Judicial functions: -
Due to multitude of cases arising from adjudication & needed to sort out fast
with least formality & technicality, at less cost by the person specialised
skills which were not possible for civil courts.

Powers of Administrative authorities: -

To perform these functions (rule making, adjudication, discretionary and
regulatory functions) the administrative bodies are given vast powers like: -
 Inquiry
 Inspection
 Search & seizure
 Investigation
 Supervision
Other than these, the following are also powers of administrative authorities: -
 To grant, refuse and revoke licenses.
 To impose sanctions
 To take actions

These powers have direct impact on the rights & liberties of people. For e.g. – with
the power of search & seizure, the administrative authorities may interfere in the
life of an individual endangering his right to privacy.
Therefore, to control the misuse of these powers vested in the administrative
authorities a control – mechanism is needed & this task is performed by
ADMINISTRATIVE LAW.

Executive organ of the state = Government & the administrative organ both are
regulated by administrative law.
Kinds of Administrative Authorities: -
Some examples of administrative authorities are as following -
 National Human Rights Commission
 National Commission for Women
 National Commission for Minorities
 National Commission for Women
 National Consumer Disputes Redressal Commission
 Reserve Bank of India
 Telecom Dispute Settlement & Appellate Tribunal
 Control Pollution Control Board
 All India Medical Council
 Insurance Regulatory & Development Authority
 Telecom regulatory Authority of India
 Advertising Standards Council of India
 Income tax Appellate Tribunal
 Railway Claims Tribunal
 Sales Tax Appellate Tribunal
 Intellectual Property Appellate Tribunal

Statutory Bodies: -
These bodies are entities shaped by an act of Parliament and set by the
Government. But these bodies lack power to take actions, they are only advisory
bodies.

Regulatory Bodies: -
A regulatory body is a government authority shaped by the act of Parliament
having discretionary powers to regulate the administration in public interest.

Quasi – Judicial Bodies: -

Quasi Judicial bodies are institutes which are government authorities and are law
imposing bodies but are not courts. They primarily oversee the administrative
zones. The tribunals/ quasi-judicial bodies have the powers to supervise over all
types of disputes which are in which administrative agencies are parties.