“Classification of Administrative Action”

ADMINISTRATIVE LAW
Project

Under the Supervision of Submitted by

Dr. Saadiya Shivam Dalmia
(Assistant Professor) Semester VI
Faculty of Law (Third year) sec-B

FACULTY of LAW
JAMIA MILLIA ISLAMIA, NEW DELHI-25

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 Acknowledgement
I convey my hearty affection to all those people who helped and
supported me, for completion of my project.

My deepest thanks to our subject Professor (Dr. Saadiya) for guiding

and correcting various topics of mine with attention and care. He has
taken pain to go through the project and make necessary correction
as and when needed

Shivam Dalmia
27th April 2018

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Contents

Acknowledgement.......................................................................................................................................2
The meaning of Administration:..................................................................................................................4
Introduction.................................................................................................................................................4
Public Administration and Administrative Law:...........................................................................................4
Definition of Administrative Law:................................................................................................................6
Nature and Scope of Administrative Law:...................................................................................................7
History of Administrative Law.....................................................................................................................8
The Administrative Process.........................................................................................................................9
Importance of Administrative Law:.............................................................................................................9
Administrative Actions..............................................................................................................................10
Classification of Administrative Action......................................................................................................10
Difficulty of classification:..........................................................................................................................11
Conclusion.................................................................................................................................................14
Bibliography...............................................................................................................................................15

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 The meaning of Administration:

Introduction

The administration of government means the practical management and direction of the
executive department, or of the public machinery or functions, or of the operations of the various
organs of the sovereign. The term “administration” is conventionally applied to the whole class
of public functionaries or those in charge of the management of the executive department.

Administrative law is concerned with administration; what is then meant by this concept or
expression? “The Administration” is something quite different, in that it is used to signify the
government of the day or the body of the persons who for the time being carry on that
government.

Finer has defined administration as being the governmental machine by which policy is

implemented. Unfortunately this at once introduces another difficulty of definition, as a
distinction has to be made between administration and “policy”
By policy is meant formation of a general line or course of action- the idea of leadership, and
taking of a major decision on a matter of discretion; administration involves the execution or
implementation of that policy so formulated in accordance with general principles.

It seems that the administrative law deals with rules, most but not all of which are rule of law in
the strict sense, that are concerned with the conduct of the general business of the government of
the country, within the broad principles laid down by the policy-makers. It is concerned with
various kinds of government agencies, both at the center and locally, with the interplay of ideas
and control between these several agencies, and the relationship between the several agencies
and the general public or the private citizen. It is concerned with the preservation of order, the
welfare of the citizen and the rights of the individual as against the government of the country,
and also with the machinery by which such matters are protected.

Public Administration and Administrative Law:

The institute of Administrative Tribunals is an essential element of two subjects simultaneously

i.e. the Public Administration and the Law. They are not only aimed to regulate administrative
behavior but are also the creature of Administrative Law.

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In ancient ages countries consisted of small number of self-subsistent population so they needed
minimum organization as needs of modern age and their maintenance law were unknown to
them. With the increase in the size of the population and their needs and advances in technology,

the man of present age became dependent upon government for an orderly society and this led to
the advent of administration.

Administration is divided into two major portions, public administration and private
administration. Private administration is personal and non-political and business natured. Public
administration is beaurucratic and governmental. Public administration existed whenever human
started living in organized society.

However the term came into use in 17 th century. In France it appeared in 1812. The purpose of
Public Administration changed with the revolutionized objectives of welfare state as the
government is expected to spread the benefits of economic and social progress to the whole
community. Public administration is rational organization and management of man and material.
It is the act and science of designing and carrying out public policies, the policies that are
designed by the elected masters. Being an executive organ, it controls and supervises the whole
machinery of government. It is also empowered to make rules (delegated legislation) and
adjudicate departmental issues (administrative adjudication).

Administrative law is normally called 20th century phenomenon. It is the law relating to public
administration. Evolution of modern Public Administration led to the evolution of modern
Administrative Law. It is concerned with all the acts of public administrators. One of the main
objectives of administrative law is to examine the circumstances and methods by which an
individual member of the public can effectively obtain redress of grievance sustained by them at
the hands of some agency of the executive power in the state.
Administrative law is complement to constitutional law. It prescribes on the minutest detail, the
rules, which shall govern the executive department in administering the law. It is these rules
which constitute the body of administrative law. Administrative law deals with the structure,
power and functions of administrative authorities, the methods and procedures followed by them
in exercising their powers. Administrative law is the discipline that seeks to strike a balance
between administrative power and public liberties.

By the active and effective role of administrative law the widest administrative authorities can be
made subject to a measure of control. These measures can be taken through the proper
introduction and implementation of administrative law, and thus the law proves to be an
indispensable instrument of civilization. Superior courts act as custodians and guardian of rule of
law.

Administrative tribunals are established to regulate the exercise of administrative discretion.

They are part of Administrative law. They have bridged the gap between the sphere of law and
that of administration. The concern of administrative law is to see that public authorities can be
compelled to perform their duties entrusted to them according to law. It is intended at a system of
proper check and balance in public administration.
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Definition of Administrative Law:

Maitland discussed the definitions of constitutional and administrative law. He examined the

views of Asutin to whom constitutional law is simply what person or classes of persons bore the
sovereign powers, while administrative law determines the end and odes to and in which the
sovereign powers were exercised.

Holland’s view were summarized by Maitland as “I think we catch his idea if we say that, while
constitutional law deals with structure, administrative law deals with function.”

Sir Ivor Jennings wrote, “Administrative law is the law relating to the administration. It

determines the organization, powers and duties of administrative authorities.” This is most
commonly accepted definition today but it does not attempt to distinguish constitutional and
administrative law. Ivor Jennings (1959:217) views administrative law, as the law relating to
Public administration. It is concerned from the legal point of view, with the forms and
constitutional position of public authorities.
But Foulkes (1982:1) observes that it is also concerned with the powers and duties of
administrators, with their legal relationships with another, with the public and with their
employees.

According to Professor H.W.R Wade a first approximation to a definition of administrative law

is to say that it is the law relating to the control of governmental power and as a second
approximation to a definition, administrative law may be said to be body of general principles
which govern the exercise of powers and duties by public authorities.

According to Wade, administrative law relates to the control of government power. In his

opinion, the primary objective of administrative law is to keep powers of the government within
their legal limits, so as to protect the citizens against their abuse.

Frankfurter says administrative law deals with the field of legal control exercised by law
administering agencies other than courts and the field of control exercised by courts over such
agencies.
Phillip O Hood view administrative law as control exercised by courts or tribunals over those
powers, especially in relation to the rights of citizens.
K.C Davis defined administrative law as the law concerning the powers and procedures of
administrative agencies, including especially the law governing judicial review of administrative
action. In his view, emphasis of administrative law is on procedures for formal adjudication and
for rule making and also studies such matters as investigating, prosecuting, negotiating, settling
or informally acting. Anyhow, these writers themselves point out that the distinctions between
constitutional and administrative law drawn are arbitrary.

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 The definitions by various scholars and jurists revealed that the main concern of administrative
law is within the limits, which are set to the exercise of this will. It means that the principle
interest of administrative law is in restraints that could be placed on the exercise of
administrative discretion.

Nature and Scope of Administrative Law:

The concerns of administrative law are general in nature and can arise in connection with the
administration of any public program. While it is necessary to acquire an understanding of the
administrative, legal and policy contexts within which questions about, for example, procedural
fairness, abuse of discretion, and the interpretation of the legislation arise, the focus of
administrative law s not a detailed study of the law of particular programs. Courses on labor
relations, land use planning, securities, broadcasting and communications, human rights, and
immigration, for example, fulfill this function.

In order to determine the nature and scope of the administrative law, it is imperative to know
what it deals with. Administrative law deals with the structure, powers and functions of the
organs of administration, the limits of their powers and functions, the methods and procedures
followed by them in exercising their powers and functions, the methods by which their powers
are controlled including the legal remedies available to a person against them when his rights are
infringed by their operation. This statement has four limbs. The first deals with composition and
powers of organs of administration. This sphere properly belongs to constitutional law.
The second refers to the limits on the powers of the administrative authorities. The third refers
to the procedures used in exercising those powers. The study of administrative law of to-day
seeks to emphasize not only the extraneous control but also the processes and procedures which
the administrative authorities themselves follow in the exercise of their powers. Evolving of fair
procedures is a way of minimizing the abuse of vast discretionary powers conferred on the
administration. The fourth refers to the control of the administration through judicial and other
means. This is very important.

The administrative process has always existed in every country of the world but this process
received great significance during 20th century and so was the case with Administrative
Law. Administrative Law was in existence in some countries but with the expansion in public
administration, it was noticed as a subject of study.
Massey (1995: 7) has summed up the scope of administrative law in this way, “the study of
administrative law is not an end in itself but a means to an end. The focal point of this law is the
reconciliation of power with liberty. The paradox of twentieth century, in the form of
government is the prolific growth in the powers of the state, which on the one hand is necessary
for the promotion of the human liberty and freedom, but on the other hand threatens to endanger
individual freedom. Therefore, the main task of administrative law is to maintain an ideal
equilibrium between the powers of the administration and dictates of the individual liberty.
The scope of administrative law can be narrated as under:

1. The methods and procedures of these administrative organs are also studied by this new
branch of law.
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2. It covers the nature of structure, powers and functions of all these administrative organs.
3. It also makes available all the relevant remedies to the persons whose rights are infringed by
the operations of these organs during the course of administration.
4. Why and how administrative organs are to be controlled is also viewed by administrative law.
Administrative law specifies the rights and liabilities of private individuals in their dealings with
public officials and also specifies the procedures by which those rights and liabilities can be
enforced by those private individuals. It provides accountability and responsibility in the
administrative functioning. Also there are specified laws and rules and regulations that guide and
direct the internal administration relations like hierarchy, division of labor, etc.

History of Administrative Law

Even though administrative law is a newly coined term, but its history can be traced back to the
advent of the governments. It has been in existence, one way or another, in every form of
government and in all the ages. The development of administrative law goes hand-in-hand with
the development of the society.

Administrative law can more rightly be said to be the sociology of law and not the philosophy of
law. The rapid growth of administrative law in the modern times can be attributed to the
following critical changes in the philosophy of the role and function of the state.

1.Laissez Faire
2. Dogma of Collectivism
3. Social-Welfare State

1. Laissez Faire:
In the early 20th century the political gospel of laissez-faire was preached. The principles
on which the theory of laissez-faire works are as follows-
· Minimum control of government
· Free enterprise
· Law and order not counted as subjects of state
· Power said to be concentrated in the hands of the individualThe theory of Laissez –faire
met with the following pitfalls-
· Concentration of powers
· Which led to human misery
· Widening the inadvertent gap between the poor and the rich
Lassies faire and its results made the significance of the state and its role as a regulator for all the
institutions, including the general welfare and financial machineries more crucial.

The consequence of giving the powers in the hands of the individuals and the minimum
government control proved catastrophic .By this the vital power was concentrated in the hands of
the rich people and the balance of economy got terribly shaken which only paved way to a

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 debacle that is the increasing economic disparity where the rich became richer and the poor
became poorer.

2. Dogma Of Collectivism:
After the miserable consequences that the police state suffered because of the terrible
failure of Laissez-Faire, the principle of collectivism evolved which said that the state
and individuals shall work in proper synchronization. The state had proper control over
the actions of the individuals and the state also stood up to take the responsibility for the
individual’s life, liberty and property.

3. Social Welfare State:

The Dogma of collectivism gave birth to the being of a social-welfare state. Most of the states
in Europe and Asia recognize their role as a major regulatory body while being responsible for
the health and education of its inhabitants, to promote their economic and social well being.
The social welfare states thrives on the principle of providing justice of all kinds be it social,
economic or political and all laws and actions of the government to be taken keeping in mind
the interests of the citizens. As a democratic state envisions it.
 

The Administrative Process

A state consists of three organs- legislature, judiciary and executive. The law provides only the
outline of a program, and it is the responsibility of the Executive Branch, through the regulatory
process, to translate the law into policy. This is a crucial part of the process for a grassroots
organization, to assure that the implementation of the law is conducted in accordance with your
intentions. While increase in state activities has meant increased work for all organs, yet the
largest extension in depth and range of functions and powers has taken place at the level of
executive-cum-administrative organ. It has become an administrative age with administrative
organ having become predominant and on the ascendancy; its functions and powers have grown
vastly over time.

Administration is the all- pervading feature of the life today. It makes policies, provides
leadership to the legislature, executes and administers the law and takes manifold decisions. It
not only exercises today the traditional functions of administrations, but other varied types of
functions as well. It exercises legislative powers and issues a plethora of rules, bye laws, and
orders of a general nature which is designated as delegated or subordinate legislation.

 Importance of Administrative Law:

The study of administrative law has great significance. The increase in administrative functions
has created new complexity of relations between the administration and the citizen. There is not

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 a moment of a person’s existence when he is not in contact with the administration in one way or
the other.

Administrative law ensures the availability of legal remedies to the aggrieved persons against the
administrators. Administrative law is used to bring about socio economic change. It has
increasingly become important to control the administration, consistent with the demands of
efficiency, in such a way that it does not interfere with impunity rights of the individual.

The objectives of administrative law are to ensure legal control of administrative power and to
provide protection to the individual against abuses of such power. Administrative law seeks to
adjust the relationship between public power and personal rights. So there is a need of efficient
administration. But efficiency of administration is not the only yardstick for good administration.
Fairness to individual should also be achieved along with efficient administration.

A fair administration is really good administration. This makes the study of administrative law
important in every country. A careful and systematic study and development of administrative
law may help to keep the administration in check and geared towards the larger public interest.

Administrative Actions

Administrative action is a comprehensive term which may defy exact definition. It is a term of
wide import which means many a things at the same time. Administrative actions may include
administrative directions, administrative instructions and administrative functions. Hence, all
transactions arising out of administrative process whether in the form of directions, instructions
or functions can be broadly describe as administrative actions.

Classification of Administrative Action

In modern time, the administrative process as a by-product of an intensive form of government
which cut across the traditional classification of the governmental power and combines into one
all the power which were traditionally exercised by three different organs of the state.
Administrative actions can be classified into three broad categories.

1. Rule making action or quasi-legislative action

2. Decision making action or quasi-judicial action
3. Rule application action or administrative action

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 Difficulty of classification:

The classification of administrative actions as quasi-judicial generally poses a difficult problem.

There are numbers of administrative tribunals, such as industrial relation commission, Income
Tax appellate tribunal, etc., which though part of the administration, act in the judicial manner
for all the practical purposes. It is with regard to such authorities that the classification becomes
difficult. Before undertaking any formulation of tests of classification, it should be remembered
that different tests, discussed as under, apply for different purposes.

 Where certiorari and prohibition are sought on grounds of excess of jurisdiction, the tendency
is to classify as “judicial” all actions unless they are purely legislative or ministerial in
character or unless they entail the exercise of a wide policy discretion by the body which has
neither the trapping of a court of a tribunal nor is required to decide lis inter partes.
 Where classification us required for deciding whether a body is required to act in accordance
with the principles of natural justice the courts trend more warily.
 Where classification is required for determining whether an act or decision is judicial so as to
attract for the competent authority, immunity from tortious liability provided he has acted in
good faith, the concept of the judicial function can be very broad.
 Where classification is required for determining whether absolute privilege in respect of
defamatory statement and report is attached to such bodies, it may be sufficient to establish the
judicial character of the tribunal, to show either that it decides issues of a nature normally
decided by the ordinary courts or that its constitution and procedures closely resemble that of
the ordinary courts.
 Where classification is required for the purpose of determining whether the previous
proceedings before an administrative authority bar subsequent proceedings in a court of law on
the ground of “double jeopardy” the courts take a restricted view of the judicial function.
 

1.Rule-Making Actions or Quasi-Legislative Action

It is the legislature which is the law-making organ of any State. It is the intention of all
constitution makers that law-making must be exercised by those bodies alone in whom this
power is vested by Constitution. But in the twentieth century today these legislative bodies
cannot give that quality and the quantity of laws which is required for the efficient functioning of
a modern intensive form of government. Therefore, the delegation of law-making power to the
administration is a compulsive necessity. When any administrative authority exercise the law-
making power delegated to it by the legislature, it is known as the rule-making action of the
administration or quasi-legislative action.

Rule-making action of the administration partakes all the characteristics which a normal
legislative action possesses. Such characteristics may include generality, prospectivity and a
behaviour pattern based on a policy considerations and extends a right or creates a disability.

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 It is on the basis of these characteristics that one can differentiate between quasi-legislative and
quasi-judicial action. A quasi-judicial action in contradistinction to a quasi-legislative action is

particularly based on the facts of a case and declares a pre-existing right. However, in certain
situations, like wage or rate fixing, it is not capable of easy differentiation.

Administrative rule-making action is generally controlled by the Parliament and the courts
through legislature and judicial review respectively.

2.Decision-making action or quasi-judicial action

Today the bulk of the decisions which affect a private individual come not from the courts but
from administrative agencies exercising adjudicatory powers. The reason seems to be that since
administrative decision making is also a by-product of the intensive form of government, the
traditional judicial system cannot give to the people that quantity and quality of justice which is
required in a welfare State.

Administrative decision-making may be defined as power to perform acts, administrative in

character, but requiring incidentally some characteristics of judicial dispensation.

The donoughmore Committee on Minister’s Powers (1932) analysed the characteristics of a ‘true
judicial decision’ and summed up the attributes the presence or absence of which stamped a
decision as administrative decision-making or quasi-judicial action. The Committee was of the
view that a true judicial decision presupposes a lis between two or more parties and then involves
four requisites:

1. Presentation of the case

2. Ascertainment of questions of fact by means of evidence given by the parties.
3. Ascertainment of questions of law on the basis of submission of legal arguments.
4. A Decision which disposes of the whole matter by applying the law to the facts.
The Committee reported that a quasi-judicial decision involves the first two determinants though
it may or may not involve the third but never involves the forth determinant, because instead of
applying law to the facts, the administrative agencies apply policy, expediency or discretion to it.

This approach of the committee was misconceived because even the judges take into
consideration the policy, socio-economic and political philosophy, expediency and discretion
while deciding a case.

In the American approach, a court is where a judge sits as arbiter- impartial and with no interest
in the suit between the two parties. The institution and presentation are the responsibilities of the
parties. In an administrative decision, on the other hand, the judge is rarely one who is
disinterested in the case and sits detached but so is the case with independent tribunals.

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 There was a time when the view prevailed that the rules of natural justice have application to a
quasi-judicial proceeding as distinguished from an administrative proceeding. The distinguishing
feature of a quasi-judicial proceeding in this behalf is that the authority concerned is required by
law under which it is functioning to act judicially. Duty to act judicially was spelt out Rex v.
Electricity Commissioners, by Lord Atkins thus:

Whenever anybody of persons having legal authority to determine questions affecting the rights
of the subjects, and having the duty to act judicially, acts in excess of its legal authority, they are
subject to the controlling jurisdiction of the King Bench Division.
Lord Reid held that the duty to act judicially must arise from the very nature of the function
intended to be performed and it need not to be shown to be super added.

3. Pure Administrative

Though the distinction between quasi-judicial and administrative action has become blurred, yet
it does not mean that there is no distinction between the two. The difference between quasi-
judicial and administrative action may not be of much practical consequence today but it may
still be relevant in determining the measure of natural justice applicable in a given situation.

Administrative action is the residuary action which is neither legislative nor judicial. It is
concerned with the treatment of a particular situation and is devoid of generality. It has no
procedural obligations of collecting evidence and weighing argument. It is based on subjective
satisfaction where decision is based on policy and expediency. It does not decide a right though
it may affect a right.

No exhaustive list of such actions may be drawn; however, a few may be noted for the sake of
clarity:

 Issuing directions to subordinate officers, not having the force of law.

 Making a reference to a tribunal, for adjudication under the law of industrial relations.
 Preventive detention, internment, externment and deportation.
 Fact-finding action.
 Requisition, acquisition and allotment.
Administrative action may be statutory, having the force of law, or non-statutory, devoid of such
legal force. Though by and large administrative action is discretionary and is based on subjective
satisfaction, however, the administrative authority is required to act fairly, impartially and
reasonably.

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 Conclusion

Administrative law is a relatively new branch of law, spanning less than one and a half century.
The need for its existence was denied in both United Kingdom and United States till the early
forties.
In India, administrative law and its restrictions have been mainly created by the judiciary. There
is no statute that governs the vast body of administrative law. So the judiciary has stepped up,
and filled the loopholes in order to ensure that no individual’s right is infringed and that no
authority oversteps.
Judicial control over administrative arbitrariness is the most important and the most effective
form of control in India, to check the use of wide discretionary power given to the relevant
authority.
While exercise of powers by the legislature and executive is subject to judicial restraint, the only
check on our own exercise of power is the self-imposed discipline of judicial restraint. Mere
possibility of another view cannot be a ground for interference. Therefore, courts will not
interfere unless the decision suffers from illegality, irrationality, procedural impropriety and
proportionality deficiency. Mere assertion of these ground is not sufficient, each ground must be
proved by evidence on record. Asserting the power of judicial review, the court emphasized that
the doctrine of immunity from judicial review is restricted to cases or class of cases which relate
to deployment of troops and entering into international treaties etc. in policy matters and where
subjective satisfaction of the authority is involved, court will not interfere unless the decision is
totally perverse and violates any provisions of the Constitution. If proper care is taken at the
level of making administrative decisions, there will be little scope for grievance and invoking
courts’ jurisdiction. This will not only reduce the burden on courts but will also create a sense of
security and satisfaction in people which is the essence of good governance and foundation of a
welfare State.

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 Bibliography

 Wade, H.R.W. Administrative Law. (Fourth Edition,1977). Pp 5-6

 Khan, H 2000, Principles of Administrative law, PLD Publishers; LHR
 Takwani C.K. Lectures on Administrative Law. (Lucknow: Eastern Book Company) 2007.
 Joshi K.C. An Introduction to Administrative Law, (Allahabad: Central Law Publication)
2006.
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