Q.1.

Administrative Law

Administrative law is the body of law that governs the administration and regulation of government agencies
(both federal and state).

KEY TAKEAWAYS

 Administrative law involves the administration and regulation of federal and state government agencies.
 Government agencies have purview over a wide variety of economic functions, such as telecommunications,
the financial market, and social issues, such as instances of racial discrimination.
 Administrative law is an arm of public law and is also known as “regulatory law.”

According to the definition of Sir Ivon Jennings” Administrative Law can be defined as a law relating to
administration. It determines the organization, powers and duties of administrative authorities.”

The three main stages led to the expansion of the meaning of the term Administrative law-
1. Laissez Faire
2. Dogma of Collectivism
3. Social-Welfare State

1. Laissez Faire-
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 individual

The 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
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.

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. India is a socialistic republic as the
Preamble of the Constitution articulates. The social welfare state 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. 

In a nutshell, Administrative Law is all about the organization of powers and individual liberty, the procedures how
individuals can exercise there powers and the remedies for the individuals if there power is abused by
administrative authorities.

Q.2. Difference between Supreme Legislation and Subordinate Legislation

According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a
competent authority". It is derived from Latin word, legislatum which means "Law making power". In simple words
"Legislation is a law making body."

Kinds of Legislation -

There are two kinds of Legislation Supreme Legislation and Subordinate Legislation.

1) Supreme legislation - Supreme legislation is the legislation which has been drafted by the Sovereign or Supreme
power of the State. It cannot be repealed, annulled or controlled by any other legislative authority. It is enacted by
the highest law-making authority in the state. For example parliament in India, USA and England.

In England, Supreme legislation cannot be questioned in a court of law. The British Parliament is in every sense of
sovereign law making body. In Britain, the doctrine of parliamentary sovereignty implies supremacy and
omnipotence of British Parliament. Therefore. It possesses the power of Supreme legislation. In India and United
States of America however, the parliament is sovereign but not supreme because legislation can be declared ultra
vires or unconstitutional by a court of law. It may therefore, be amended or altered.

2) Subordinate legislation -

Subordinate legislation is legislation made by the authority or other than the supreme authority in the state in the
exercise of the power delegated to it by Supreme authority. This is controlled by the supreme authority. Thus
legislative authority is dependent for its continued existence and validity on the supreme authority. It can be
repealed. Subordinate or delegated legislation increased in 19th and 20th century because of number of a
reaction.

Salmond refers to five kinds of subordinate legislation:

1. Colonial
2. Judicial
3. Municipal
4. Autonomous
5. Delegated

Difference between Supreme Legislation and Subordinate Legislation

No Supreme Legislation Subordinate Legislation

1 Supreme legislation is that which Subordinate legislation is that which proceeds

proceeds from sovereign power in this from any authority other than sovereign
State. power.

2 Supreme legislation is that which It is dependent for its continued existence

proceeds from sovereign power in this validity on some superior authority
State.

Q.3. Delegated Legislation

Delegated legislation (sometimes referred as secondary legislation or subordinate legislation or subsidiary
legislation) is a process by which the executive authority is given powers by primary legislation to make laws in
order to implement and administer the requirements of that primary legislation. Such law is the law made by a
person or body other than the legislature but with the legislature’s authority.

Legislation by any statutory authority or local or other body other than the Legislature but under the authority of
the competent legislature is called Delegated legislation. It is legislation made by a person or body other than
Parliament. Parliament thereby, through primary legislation, enables others to make law and rules through a
process of delegated legislation.

Need For Delegated Legislation

The process of delegated legislation enables the Government to make a law without having to wait for a new Act
of Parliament to be passed. Further, delegated legislation empowers the authority to modify or alter sanctions
under a given statute or make technical changes relating to law. Delegated legislation plays a very important role
in the process of making of law as there is more delegated legislation each year than there are Acts of Parliament.
In addition, delegated legislation has the same legal standing as the Act of Parliament from which it was created.
The importance of delegated legislation plays an important role in the Indian Constitution. And they are listed
below:

 Delegated legislation is beneficial for decision making for Parliament as its not time consuming process and
also reduces burden of the Parliament. And the most important thing is that there is no such restrictions
imposed in passing any law.
 Delegated legislation gives power of authority to the assigned person who has knowledge, familiar with
individuals problems and responsible for the society to formulate law rather depending upon the Parliament.
 As Parliament process of decision making is time consuming so it give power to individual who's best suited
for it to solve any emergency situation if arises without its dependence or interference. This process is called
delegated legislation.
 Delegated legislation can substitute any crisis that makes it flexible and useful to make a law that the
Parliament never foresee at the time of passing any new legislation.

Impact of COVID-19 on Delegated Legislation

1. the Indian law was compelled to delegate powers in the hands of experts due to a few reasons as listed below:
 Emergency Situation:
Quick action was needed as this virus has now caused a global pandemic which was the major concern for
every authority around the globe when the virus was first reported.
 Pressure on Parliamentary time:
This virus has now affected every country and only a few have been able to handle the situation very well. To
tackle such situations, there was not enough time for the government to think upon and act accordingly. The
decisions were taken in a haste in order to contain and avoid the spread of the virus.
 Lack of expertise:
It can not be expected by the Parliament's members to tackle such situations as these situations are very
critical in nature so the people who are expert in handling these situations should probably look after it.
Therefore, experts should be hired

2. The National Lockdown

3. Compulsory Quarantine
4. Enforcement of Section 144
Q.4. Declaratory suit (section 42)
Where there is any confusion or conflict as to the right to property or any legal character then a court may provide
a declaration clearing and solving that matter, the suit is known as a declaratory suit.

declaratory suit - It is a suit under which a party seek an authoritative pronouncement from a court regarding that
parties right to property or status of legal character.
Section 42 of the Specific Relief Act 1877 deals with the declaratory suit.

Section 42 of the Specific Relief Act

According to the section when any person is entitled to –
 Any legal character, or
 Any right as to any property and ;
that person is denied to that right by another person then that person who’s right is violated or who’s right is in
question may sue that other person and seek an order of declaration from a civil court.
Here the term, “Right to property” means any right as to any property that is recognised by law. I.e.  right to
position, right to easement etc. and;
“Right to legal character” means any rights that have been acquired by personal qualification with the personal
library. 
It must be noted that in order to file a suit for declaration, those rights must be pre-existing (before the suit) and
there must be a violation or claim against those rights. The power of declaration is a discretionary power of the
court, decided based on principles of law and judicial decisions.
In addition to that, during the Institution of declaratory suit consequential relief must be added to the suit.
Consequential Relief
“Consequential relief” is such relief that is essential to enjoy the complete right and facilities or the relief after the
declaration is made. The object of this condition is to avoid the multiplicity of suits and decide a matter at once.
Essential elements of a declaratory suit
1. That the plaintiff must have any legal rights as to any property or any legal right as to character.
2. That the right must be pre-existing during the  Suit; the right must be present as per law not by
contract.
3. There must be some present danger, denial or claim against such rights.
4. That the denial must be communicated to the plaintiff is in order to give him the cause of action.

Declaratory suit: If any person entitled to any legal character, or to any rights as to any property is denied by
another and if any suit is filed by the person so denied it is called a declaratory suit. A Declaratory decree is a
binding declaration of right in equity without consequential relief. In simple terms, a declaratory decree is cone
which settles the right and removes the confusion of the status of the party. Provision regarding declaratory
decree has been provided in sections 34 and 35 of the Specific Relief Act, 1963.

Section 34- “Any person entitled to any legal character, or to any right as to any property, may institute a suit
against any person denying, or interested to deny, his title to such character or right, and the court may in its
discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any
further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further
relief than a mere declaration of title, omits to do so.
Explanation: A trustee of property is a "person interested to deny "a title adverse to the title of someone who is
not in existence, and for whom, if in existence, he would be a trustee”

Essentials of a declaratory suit:

 The person filing the suit must be entitled to legal right or any right as to any property
 The person against whom the suit is to be filed must actually be denying the right or is interested in denying the
right of the plaintiff
 Passing a declaratory decree is on the discretion of the court.
Effect of declaration:
The provision for the effect of declaration has been provided under section 35 of Specific Relief Act. Section 35
reads as: ― “A declaration made under this Chapter is binding only on the parties to the suit, persons claiming
through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at
the date of declaration, such parties would be trustees.”

That means a declaratory decree is binding only on the parties to the suit and upon the representatives of the
parties to the suit.

Q.5. Differences between constitutional law and administrative law

Administrative law differs from constitutional law in various ways:

1. Constitutional law relates to structure of government that is, involving the study of the entire federal
system of government consisting of the federal and states, their scope and limitations, powers of the
legislative houses, the executive powers etc. While on the other hand, the study of the administrative law
relates to power, functions and the operation of administrative authorities.
2. Constitutional law is wider in scope. For example, it relates to citizens, legislatures, human rights. While
on the other hand, administrative law is narrower.
3. Constitutional law relates to organizational structures at rest, while administrative law relates to the
organizational structure in motion. This involves the various constitutional provisions setting out the
organs of government and the organs themselves. On the other hand, administrative lae explains how
these organs operate.
4. The provisions of constitutional law are mostly known, and are clearly stipulated in the constitution, while
provisions of administrative law are not clearly known because they are not codified in a single document
like the constitution.
5. Administrative law relates to confining administrative bodies to their legal roles and limit, while
constitutional law relates to establishing the administrative body.
6. Sources of constitutional law are mostly found in constitutions, international conventions, statutes and
Judicial decisions, while those of administrative law are found through delegated legislations, letters of
instruction, memoranda, treasury circulars and decisions of administrative bodies.

Constitutional Law
1. Constitutional law is genus.
2. Constitutional law deals with various organs of the state.
3. It deals with the structure of the state.
4. It is the highest law.
5. It gives the guidelines with regard to the general principles relating to organization and powers of organs of the
state, and their relations between citizens and towards the state. It touches almost all branches of laws in the
country.
6. It also gives the guidelines about the international relations

Administrative Law
1. Administrative law is a species of constitutional law.
2. It deals with those organs as in motion
3. It deals with the functions of the state.
4. It is subordinate to constitutional law.
5. It deals in details with the powers and functions of administrative authorities.
6. It does not deal with international law. It deals exclusively the powers and functions of administrative
authorities
Q.6. SUB DELEGATION
Delegated legislation means the law that is made by the executive body under the delegated/subordinated powers
of the legislation body. It is generally in the form of rules, regulations, bye laws, orders etc. it is also known as
subordinate legislation. Pressure upon Parliament, technicality and confidentiality of the subjects, speed of
working etc. are the essential elements responsible for the growth of delegated legislation. But the concept of
delegated legislations is indispensably connected to the legal maxim ‘Delegatus Non-Potest Delegare’, which
means that the powers that have been delegated once cannot be delegated further.

Subdelegate means a deputy for a delegate (one to whom a delegated power or responsibility is transferred
usually for a particular case or situation).

The term sub delegated legislation means delegating the delegated powers further or we can say when a statute
confers legislative powers to an administrative authority and they further delegate to some other authority or
agency then this process is known as sub delegation of legislative powers. But this maxim is not a rule of law, it is
just a constructive rule for the statutes. But talking in the general sense, in the specified cases, sub delegation is
permitted, if it is expressly stated under statutes or if it can be inferred from the statutes or circumstances. The
one who delegates the power is parent act or authority and to whom the power is delegated is known as children
act or authority. 

Illustrations of sub delegation:-

1. Sub delegation of power of authority is a term that we observe in our day to day life daily. For a layman, sub
delegation of power came in existence as soon as he/she asked their younger sibling to do the work that has
been given to them by their parents.
2. An auditor is appointed by the company to audit the accounts of the company, but due to his personal
reasons, he appointed another person who is a intern under him, for the work to be done, this is also known
as sub delegation.
But due to the existence of the maxim “Delegatus Non-Potest Delegare” the second illustration can not be true as
this maxim stops the sub delegation of authority and powers, unless said by statutes.

Q.7. Doctrine of Waiver

An individual possesses certain legal rights which are conferred upon him either by the constitution, statute or a
contract. A Right can be defined as an interest or a claim which gives the individual the power to control the act of
others, i.e., to make someone do or abstain from doing an act.

Doctrine of waiver, as defined by Black’s Law Dictionary, is the intentional or voluntary relinquishment of a known
right. Waiver is when a person intentionally and with full knowledge, gives away his right to exercise or chooses
not to exercise that right which the person would otherwise possess. Waiving a right means that a person can no
longer assert that right and is precluded from challenging the constitutionality of that law for the benefit of which,
the right is waived.

This doctrine is based on the principle that a person is the best judge of his own interest and when given full
knowledge, the person should be allowed to decide for himself. In India, a person can waive rights conferred by a
statute or rights arising out of a contract, but cannot waive constitutional rights or rights guaranteed by the
constitution itself.

Rights which are fundamental to well-being of a person are called Fundamental Rights. The Fundamental Rights
are envisaged in Part 3 of the Constitution of India. These are:

 Right to Equality (Article 14 & 18)

 Right to Freedom (Article 19 & 22)
  Right against Exploitation (Article 23 & 24)
 Right to Freedom of Religion (Article 25 & 28)
 Cultural and Educational Rights (Article 29 & 30)
 Right to Constitutional Remedies (Article 32)

The fundamental rights exist not only for an individual's benefit or well-being but are a matter of public policy.
Rights which are part of public policy cannot be waived. Moreover, the Constitution imposes an obligation on the
State to protect these rights.

Salient Features Of The Doctrine:

Intention: It is an essential element as one must intend such Waiver. Waiver of right can either be expressed or
implied. Express waiver is done in writing or giving a statement of waiver. Implied waiver is judged based on the
conduct or act of a person.

Knowledge: Knowledge here implies to the person waiving off rights must know of the nature of such rights and
consequences of such waiver. It's not necessary to have absolute understanding of the right/privilege but be
briefed about it.

Relevance: The doctrine of waiver is of prime importance and its non-application on constitutional rights is a major
check on powers of legislature. If the doctrine were to be applicable, it could make an individual waive his rights in
lieu of some benefits provided by the State.

Conclusion: Fundamental rights are a part of constitutional rights and public policy, thus, cannot be waived by an
individual. This is apt as rights which are bestowed for the welfare of community if waived off according to the
intent and knowledge of an individual will create confusion, chaos and can be misused for personal gain.
Therefore, doctrine of waiver keeps the discretionary power of an individual in check. Thus, we can conclude that
doctrine of waiver and its scope is befitting and significant. It protects the rights of an individual and construes
proper balance between personal liberty and social control.

Q.8. DIFFERENCE BEWTEEN COURT AND ADMINISTRATIVE TRIBUNALS

The difference between court and administrative tribunal are as follows:

Court Administrative Tribunal

A Court of law is a part of the traditional judicial system. The administrative tribunal is an agency created by a statute,
endowed with judicial powers.

It should follow precedents, principles of res judicata, It need not follow precedents, principles of res judicator,
estoppel. estoppels.

A Court of law is vested with general jurisdiction over all the It deals with service matters and is vested with limited
matters. jurisdiction to decide a particular issue.

It solves all matters basing on the rule of law, procedures, It solves the service matters basing on departmental policy
oath, evidence, etc. and technicality.

The Courts follow a uniform, fixed statutory procedure.  There is no uniform procedure that the administrative
tribunals are required to follow exercising adjudicatory
powers. 
 The Court exercises only judicial functions.  Administrative Tribunals undertake various other
administrative functions.

All Courts are tribunals, but all tribunals are not courts.  Tribunal is wider than Court.

It can decide the validity of legislation.  It cannot decide the validity of legislation.

The courts do not follow investigatory or inquisition Many tribunals perform investigatory functions as well, along
functions, rather it decides the case on the basis of evidence. with their quasi-judicial functions. 

The decision of the court is objective in nature, primarily The decision is subjective, i.e. at times, it may decide the
based on the evidence and materials produced before the matters taking into account the policy and expediency.
court.

It is presided over by an officer expert in the law. It is not mandatory in every case that the members need to
be trained and experts in the law. 

It is more lengthy, costlier, and inefficient particularly in It is more rapid, cheap and efficient.
service matters, when compared with tribunal.

The system of Court was established some centuries back. It is a new trend in the world, including India.

These are conservative, rigid, and procedural technically They are functional rather than a theoretical and legalistic
adhered approach

They enjoy a lesser discretion compared with Administrative They enjoy a wide discretion
Tribunals

LONG ANSWER QUESTIONS

Q.1. DEFINE ADMINISTRATIVE LAW, NATURE AND SCOPE, IMPORTANCE IN MODERN SOCIETY.

Administrative law definition as short Q.1.

Nature of Administrative Law

Administrative law is, in the true sense of the word, a law. However, it is not a law in the sense of “property law,”
“land laws,” “labour laws,” and so on. It includes the study of things that aren’t technically laws, such as
administrative circulars, policy statements, resolutions, memorandums, administrative circulars, and so on. Aside
from that, it includes “higher law; natural justice” in its research. In contrast to private law, which deals with
individual inter se relationships, administrative law is a branch of public law. As a result, administrative law is
primarily concerned with the interaction of individual and organized power.

Administrative law also covers the structure and powers of administrative and quasi-administrative agencies. This
emphasis on organizational study is only necessary to the extent that it is required by the powers, characteristics of
actions, procedures for exercising those powers, and control mechanisms provided therein. As a result, not only
administrative agencies are included in the research. The importance of studying Organization is only emphasized
to the extent that understanding the powers and control mechanisms provided therein is required. As a result, it
includes not only administrative agencies like corporations, but also boards, universities, and other institutions in
its research.

Scope of Administrative Law

Administrative law is primarily concerned with official actions that include:

 Making rules is an action.

 Adjudicatory action or rule decision action.
 The action of applying the rule.

Aside from the main action, the study also includes actions that are incidental to the main action, such as
investigative, supervisory, advisory, and declaratory actions. Administrative law also encompasses the mechanisms
for keeping administrative agencies within their bounds and ensuring that they are effectively serving individuals.
The review process is the technical name for this control mechanism.

Its scope includes the following administrative actions:

 Writs of habeas corpus, mandamus, certiorari, and prohibition are used by courts to exercise jurisdiction.
 Suits, injunctions, and declaratory actions are used by courts to exercise ordinary judicial powers.
 Administrative authorities at a higher level
 In the twentieth century, public opinion and the media were also important controls on any
administration that could not be ignored.
 Access to justice also acts as a deterrent to bureaucratic overreach in the exercise of public power.
 The goal of administrative law is to reconcile democratic safeguards and fair play standards with effective
government conduct in the field of administrative action.

Significance:

The development of Administrative law is an unavoidable necessity of the modern times. Prior to 1947, India was a
police state, primarily interested in strengthening its own domination. Administrative machinery was mainly
implemented with the object of civil service in view. This soon came to be recognized as the ‘steel frame of Indian
polity’. Post independence there was a change in the philosophy of Indian Constitution. It laid down lofty goals of
socio-economic equality, with public welfare being primary concern. It is an important weapon for bringing
harmony between power and justice. The Constitution governs administrators.

Administration is an all pervading feature of our lives. The ambit of administration is wide embraces several
functions:

 Policy making
 Leadership to legislature
 Execution and administration of regulations of the land
 Administering both traditional and contemporary functions of the State
 Exercising legislative powers by way of a range of bye-laws, orders, decrees, orders, etc.

Continuous experimentation and adjustment of detail has become essential requisite of modern administration. If
a rule is found to be unsuitable in practice, a new rule incorporating the requisite changes is put in place, without
much delay. This flexibility is what widens administrative law and makes it significant in our lives. Administrative
laws not only puts law into effect but does much more than that.

Q.2. DELEGATED LEGISLATION. POWERS WHICH CANNOT BE DELEGATED BY THE LEGISLATURE TO THE
EXECUTIVE.

Delegated Legislation as Q.3.

Impermissible Delegated Legislations:

The Legislative cannot transfer the Power of Making Laws to any other hands. Also, the legislature cannot delegate
essential legislative functions which consist in the determination of the legislative policy and of formally enacting
that policy into a binding rule of conduct.

Doctrine of permissible limits put a limitation on the legislature so that legislature could not delegate it's all power
to the administrative authorities.

The following functions cannot be delegated by the Legislature to the Executive:

 Essential legislative functions: Even though there is no specific bar in the Constitution of India against the
delegation of legislative power by the legislature to the executive, it is now well-settled that essential
legislative functions cannot be delegated by the legislature to the executive. In other words, legislative policy
must be laid down by the legislature itself and by entrusting this power to the executive, the legislature cannot
create a parallel legislature.
 Repeal of law: Power to repeal a law is essentially a legislative function, and therefore, delegation of power to
the executive to repeal a law is excessive delegation and is ultra vires.
 Modification: Power to modify the Act in its important aspects is an essential legislative function and,
therefore, delegation of power to modify an Act without any limitation is not permissible.
 Exemption: The aforesaid principle applies in case of exemption also, and the legislature cannot delegate the
power of exemption to the executive without laying down the norms and policy for the guidance of the latter.
 Future Acts: The legislature can empower the executive to adopt and apply the laws existing in other States,
but it cannot delegate the power by which the executive can adopt the laws which may be passed in future, as
this is essentially a legislative function.
 Imposition of Taxes: The power to impose a tax is essentially a legislative function. Under Article 265 of the
Constitution no tax can be levied or collected save by authority of law, and here ‘law’ means law enacted by
the competent legislature and not made by the executive.
 Ouster of jurisdiction of courts: The legislature cannot empower the executive by which the jurisdiction of
courts may be ousted. This is a pure legislative function.
 Offences and Penalty: The making of a particular act into an offence and prescribing punishment for it is an
essential legislative function and cannot be delegated by the legislature to the executive. However, if the
legislature lays down the standards or principles to be followed by the executive in defining an offence and
provides the limits of penalties, such delegation is permissible.
 The legislature cannot delegate uncanalised and uncontrolled power. The legislature must set the limits of the
power delegated by declaring the policy of the law and by laying down standards for guidance of those on
whom the power to execute the law is conferred.