Adminsitrative Law

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: FOURTH SEMESTER

Semester: FOURTH SEMESTER
Name of the Subject:

Name of the Subject:
Administrative Law
Administrative Law
RULE OF LAW
Rule of Law
Meaning of the doctrine:
In reality it is neither a rule or law
It is a doctrine of political morality that aims at ensuring the
correct balance of rights and powers between individuals and
the state
Adherence to the doctrine requires more than to govern
according to the law since this is not necessarily equivalent to
govern under the law
“Only in a country where the rule of law means more than
formal, legal validity will subjects enjoy real protection from
official tyranny and abuse” Mathews

Law is an instrument for exercising
state power that in some
circumstances is also a means of
protecting the people against
arbitrary and abusive government
Aristotle: ‘Government by laws was
superior to government by men’

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar
Council of India)
Dicey’s definition (Introduction to the Study of Law
and Constitution) 1885
Constitution is governed by three main principles
Three meanings of the Dicey’s definition
First,
‘It means in first place, the absolute supremacy or
predominance of regular law as opposed to the
influence of arbitrary power, and excluded the
existence of arbitrariness, of prerogative, or even a
wide discretionary authority on the part of the
government.... A man can be punished for a breach
of law, but he can be punished for nothing else
Dicey’s definition
The meaning of this statement

implies that the rights of the
individual are not only ensured
by the guarantees set down in a
formal document but by the
ordinary remedies available
against those who unlawfully
interfere with someone’s liberty
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of
Delhi & Bar Council of India)
Ambiguity of the rule of law
The rule of law is also now

considered an outdated legal
concept. Today, people must
answer to hundreds of
thousands of arbitrary, unclear
edicts from the politicians and
bureaucrats rather than to
clearly defined laws
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council
of India)
Recent adaptation of the rule
of law Raz
One of the proponents if the doctrine is Joseph Raz

(1977). He proposed a procedurally oriented version of
the doctrine in 8 postulates. He shares common ground
with the constitutional theorists A. V. Dicey Hayek.
Thomson.
Raz's principles define the requirements that should

guide the individual's behaviour and should minimize
the danger that could result from the exercise of
discretionary power in an arbitrary way.

Council of India)
Implications today:
1) the rule of law should embody a preference for

orderly life within an organised society
:
2) the rule of law expresses fundamental principle
that government must act according to law and in
the cases before the court what the law requires
must be enshrined in judicial decision
3) the rule of law should be applied according to
the procedures lied down for its execution

Council of India)
British tradition:
Government must act according
to law: the remedy should be
available in ordinary courts for
unlawful acts of government
Human Rights Act extended to all
courts the duty where possible to
interpret legislation consistently
with the European Convention on
Human Rights

Council of India)
UNIT
UNIT--IIII
DELEGATED LEGISLATION
Definition
Exercise of minor legislative powers by

subordinate authorities/bodies in pursuance of
statutory authority given by the Parliament
itself
Also known as:
Subordinate Legislation
Executive Legislation
Administrative Legislation
Quasi Legislation

Reasons for Delegated Legislation
• Pressure of legislative work

•Technical nature of legislations
•Legislators are not experts
•Need of flexibility in law-making
•Legislature is over-
burdened/doesn’t have enough time
•Unforeseen emergencies

Council of India)
Advantages of Delegated Legislation
•Saves valuable time of Legislature
•Easy process •Consultation with affected
groups possible
•Away from party politics
•Flexibility is possible
Legislation by experts
•Suitable for emergencies situations
•Apt for prompt actions
•Experimentation is possible

Disadvantages of Delegated Legislation
•From democracy to arbitrariness/despotism

•Threat to individual liberty
•Executive gets unlimited powers
•Focus on organised interest/overlooks
common man
•Subject to political pressure
May bypass the judicial process
•Overstepping of limits
•Uncertainty and chaos
•Inadequate publicity
•Lacks political acumen
Control over Delegated Legislation
Defining the parameters: Spelling out the
boundaries clearly Normal purposes:
Delegation should not be for ‘unusual’ or
‘abnormal’ purposes Publicity and
Consultation: Consultation with public
and special interest affected

of India)
Contd....
Parliamentary control and scrutiny:

Parliament may examine the power
Parliament may discuss/question Scrutiny
of merits/demerits by Parliament
Parliamentary Committee on Subordinate
Legislation Judicial Review: Judiciary
may declare the law/rule as utra-vires/null
and void Publication: Official publication
of rules

Council of India)
UNIT
UNIT--III
III
Principles of Natural Justice

INDRODUCTION
It is believed that the origin of the Natural Justice came from

the concept of Natural Law during the Greek‟s period.
According to the Natural Law theory, nature provides a certain
order from which the human beings can set standard for their
conduct with the help of the reason. Based on such a primitive
theory, it was even known to people in the ancient times such as
Greeks and Roman‟s. The standard these principles provide is
that there should be the right to fair hearing and absence of
biasness to the individuals in the decision making process

Two Principles of
Natural Justice
Audi alteram partem
Nemo judex in sua causa potest

Council of India)
THE RULE AGAINST BIAS (NEMO JUDEX CAUSA
SUA)
The rule against bias has its origin in the

following principles, which are:
1). No one should be a judge in his own
cause;
2). Justice should not only be done but
manifestly and undoubtedly be seen to be
done

TYPES OF BIAS
OFFICIAL BIAS
PERSONAL BIAS
PECUNIARY INTEREST

THE RIGHT TO A FAIR HEARING
The second of the principle of

natural justice – audi alteram
partem – states that no person shall
be condemned without being given
a reasonable opportunity for his
case to be heard.

of India)
A fair adjudication of a matter requires the following
steps:
i. the right to be informed in advance of

the case to be met – i.e. the factual basis
on which the decisionmaker may act;
ii. the right to a reasonable time in which
to prepare a response;
iii. the right to be heard verbally or in
writing;

Council of India)
iv. the right to cross-examine
persons who may have made
prejudicial
: statements to the
decision-maker;
v. the right to be legally
represented;
vi. the right to reasons for the
decision

Council of India)
To conclude the discussion with the famous saying of the U.S
Lawyer L. Spooner that natural justice is the only standard
through which any dispute among individuals can be adjudicated
rightfully; it is such a principle that everyone demand its
protection for himself/herself irrespective of their wish whether to
accord it to other individuals or not; it has universal application
irrespective of place, nation and time; being self-evidently
necessary in all times and places; being so entirely impartial and
equitable towards all; so indispensable to the peace of mankind
everywhere; so vital to the safety and welfare of every human
being; being too, so easily learned, so generally known, and so
easily maintained by such voluntary associations as all honest
men can readily and rightfully form for that purpose. The
Principles of Natural Justice has always played a crucial role and
its denial will lead to destruction and anarchy
Council of India)
UNIT
UNIT----IV
IV
JUDICIAL REVIEW
Judicial Review
•Available to test lawfulness of decisions by public body NOT private
bodies
•Must be distinguished from an ordinary appeal against a decision
•Appellate courts
appellate jurisdiction over civil and criminal courts
•Judicial review court
supervisory jurisdiction
concerned with the manner in which the decision-making body
has applied the relevant rules
•No direct ‘right’ to judicial review
seek ‘leave to appeal’ before a judge in the Queens Bench of the
High Court

Administrative Law
Prerogative orders Private law remedies

•Certiorari – quashes the •Declaration – declares
original decision what the legal position
•Prohibition – is
commands public to •Injunction –
refrain from an illegal commands action
action •Damages
•Mandamus –
commands public body
to perform its duty

Council of India)
Grounds for judicial review
•Illegality
decision transgresses powers given to the
public body
•Irrationality (Wednesbury unreasonableness)

decision irrational or unreasonable
•Procedural impropriety
failure to observe the rules of natural justice or
comply with procedures laid down by statute

Judicial Review
NHS rationing of health care resources

judicial review of rationing raises questions of:
legality of rationing – statutory duties;
priority setting; services within NHS; NHS
Directions and Guidelines
reasonableness of rationing - allocation of
resources; clinical freedom; evidence-
based guidelines: NICE; discretion
Procedural propriety – processes for
consultation and appeal
Administrative powers
in every sphere of public administration: town and

country planning, regulation of public health,
environmental matters, welfare services, control of
trades, professions and other activities
Their exercise – subject to judicial control by means
of the doctrine of ultra vires

Council of India)
Ultra vires
beyond the powers”
“
An act by a public authority,

company, or other body that
goes beyond the limits of the
powers conferred on it
Ultra vires acts: invalid

The mechanism for seeking judicial review
By making a claim to the

:
Administrative Court
Common law grounds on which
judicial review may be granted:
illegality,
Irrationality
Procedural impropriety

Council of India)
Council of India)

Adminsitrative Law

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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

Semester: FOURTH SEMESTER

Name of the Subject:

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

The meaning of this statement

The rule of law is also now

One of the proponents if the doctrine is Joseph Raz

Raz's principles define the requirements that should

Chanderprabhu Jain College of Higher Studies & School of Law

1) the rule of law should embody a preference for

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Exercise of minor legislative powers by

Chanderprabhu Jain College of Higher Studies & School of Law

• Pressure of legislative work

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

•From democracy to arbitrariness/despotism

Chanderprabhu Jain College of Higher Studies & School of Law

Parliamentary control and scrutiny:

Chanderprabhu Jain College of Higher Studies & School of Law

Principles of Natural Justice

It is believed that the origin of the Natural Justice came from

Chanderprabhu Jain College of Higher Studies & School of Law

Nemo judex in sua causa potest

Chanderprabhu Jain College of Higher Studies & School of Law

The rule against bias has its origin in the

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

The second of the principle of

Chanderprabhu Jain College of Higher Studies & School of Law

i. the right to be informed in advance of

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

•Must be distinguished from an ordinary appeal against a decision

Chanderprabhu Jain College of Higher Studies & School of Law

Prerogative orders Private law remedies

Chanderprabhu Jain College of Higher Studies & School of Law

•Irrationality (Wednesbury unreasonableness)

Chanderprabhu Jain College of Higher Studies & School of Law

NHS rationing of health care resources

in every sphere of public administration: town and

Chanderprabhu Jain College of Higher Studies & School of Law

An act by a public authority,

Chanderprabhu Jain College of Higher Studies & School of Law

By making a claim to the

Chanderprabhu Jain College of Higher Studies & School of Law

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