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Administrative Law

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From LawNotes.in

Administrative Law is the law related with the

administrative functions of the Government and its
Departments. The Law involves the study of the following
broad topics:

Check abuse or detournment of administrative power

Ensuring citizens an impartial determination of their
disputes by officials
Protect citizens from unauthorized encroachment on
their rights and interests
Make those who exercise public power be accountable
to people

Contents Sony Ericsson Xperia

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1 History, Evolution, Nature and Trends in
Administrative Law
2 Tribunals & Tribunalization
3 Bureaucracy
4 Maladministration Canon
5 Legislative Powers of Administration FROM Rs 3,000
6 Administrative Adjudicatory Process
7 Principles of Natural Justice
8 Judicial Control of Administrative Action
9 Administrative discretion and its judicial control
10 Liability for Wrongs Thinkpad
11 Corporations and Public Undertakings FROM Rs 4,000
12 Powers of Enquiry and Investigation of the
Administration
Administrative Law
13 Related Acts
14 Related Rules

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Evolution of Administrative Law

Doctrine of Separation of Powers (des pouvoirs)
Rule of Law and Administrative Law
Scope of Administrative Law
Source of Administrative Law
Transformation from a Laissez Faire State to a Social Welfare State
State as a regulator of primary interest
State as a provider of services
Other functions of modern state - relief, welfare.,
Administration as the fourth branch of Government
Necessity for delegation of powers on administration
Evolution of agencies and procedures for settlement of dispute between individual and administration
Regulatory agencies in the United States
Relationship between Constitutional Law and Administrative Law
Emerging trends in Administrative Law

Tribunals & Tribunalization

Tribunal - a special court set up by Government to deal with specific type of cases
Advantages of Tribunals - Tribunals have certain unique advantages of the traditional Court system.
Conseild' state of France
Droit Administratif
Tribunalization in England: History of Tribunals in England
Tribunalization in India

Bureaucracy
Bureaucracy with special focus on the India Bureaucratic system
Organisation of civil services
Powers and functions
Disciplinary proceedings
Prosecutions under Prevention of Corruption Act

Maladministration
Prevention of Corruption Act, 1988
Ombudsman
Ombudsman in England
Ombudsman in USA
Ombudsman in India
Institution of Ombudsman in the States
Right to Know
Discretion to Disobey
Parliamentary Commissioner
Lokpal
Lokayukta
Central Vigilance Commission (CVC)
Congressional and Parliamentary Committees.

Legislative Powers of Administration

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Concept of Delegated legislation / Subsidiary legislation

Delegation of legislative power
Constitutionality of delegated legislation-powers of exclusion and inclusion and power to modify
statute
Requirements for the validity of delegated legislation
Consultation of affected interests and public participation decision-making
Publication of delegated legislation
Administrative directions, circulars and policy statements
Legislative control of delegated legislation
Laying procedures and their efficacy
Committees on delegated legislation - their constitution function and effectiveness
Hearings before legislative committees
Judicial control of delegated legislation
Doctrine of ultra vires
Sub-delegation of legislative powers

Administrative Adjudicatory Process

Administrative tribunals and other adjudicating authorities their ad-hoc character
Central Board of Customs and Excise
MRTP Commission
ESI Courts
Service Tribunals
Jurisdiction of administrative tribunal
Distinction between quasi-judicial and administrative functions
Legal Representation in Administrative proceedings

Principles of Natural Justice

Principles of Natural Justice
Principles of Natural Justice and India
Right to hearing
Essentials of hearing process
Rule against bias - No one can be a judge in his own cause
Oral hearing
Right to counsel
Institutional Decision
Exception to the rule of Natural Justice
Violation of principles of natural justice
Administrative Appeals
Council of Tribunals and Inquiries in England
U.S. Regulatory Agencies
Administrative Procedures Act 1946
Exceptions to the rules of natural justice
Violation of principles of natural justice

Judicial Control of Administrative Action

Judicial Control of Administrative Action is the judicial review of the administration by the courts
using principles developed by the courts themselves.
The general trend is such that judicial review of administrative actions is widened and immunity
restricting it is reduced

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Courts are empowered to take up action for the enforcement of Fundamental Rights
Courts as final authority of determine legality of administrative action-problems and perspectives
Exhaustion of administrative remedies
Laches or unreasonable delay
Res judicata says that the matter cannot be raised again, either in the same court or in a different court
(of the same level).
Grounds of Judicial Review of Administrative Action
Jurisdictional error / ultra vires
Abuse and non exercise of jurisdiction
Error apparent on the face of the record
Violation of principles of natural justice
Violation of public policy
Primary jurisdiction
Doctrine of legitimate expectation
Doctrine of public accountability
Doctrine of proportionality
Methods of Judicial Review
Statutory appeals
Public Interest Litigation
Writs
Mandamus
Certiorari
Prohibition
Quo Warranto
Habeas Corpus
Declaratory judgments and injunctions
Specific performance and civil suits for compensation
Fact-finding commissions
Finality Clause - clauses that put acts outside judicial review

Administrative discretion and its judicial control

Administrative discretion
Administrative Discretion and Fundamental Rights
Abuse of discretion in Administrative Law
Administrative discretion and rule of law
Male fide exercise of discretion
Constitutional imperatives and use of discretionary authority
Irrelevant considerations
Non-exercise of discretionary power
Discretion to prosecute or to withdraw prosecution
Limiting
Judicial control of Administrative discretion
Confining and structuring discretion
General discretion
Technical discretion.
Administrative discrimination

Liability for Wrongs

Tortuous liability sovereign and non-sovereign functions
Crown Proceedings Act of U.K.
Torts Claims Act of U.S.

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Statutory immunity
Contractual liability of government
Government privilege in legal proceedings-State
Secrets, public interest, etc.,
Right to information and open government
Estoppel and Waiver

Corporations and Public Undertakings

State Monopoly
Remedies against arbitrary action
Liability of public and private corporations of Departmental undertakings
Legal Remedies
Accountability - Committee on Public Undertakings, Estimates Committee, etc.
Control of Statutory Corporations
Parliamentary Control
Governmental Control
Judicial Control
Public Control
Government Companies

Powers of Enquiry and Investigation of the Administration

Powers of the Government under Commissions of Inquiry Act, 1952
Right to Information Act, 2005

Related Acts
Judicial Officers Protection Act, 1850

Related Rules
Andhra Pradesh Administrative Tribunal Rules of Practice, 1995

Related Cases / Recent Cases / Case Law

Chandi Prasad Uniyal & Ors vs State of Uttarakhand & Ors., Civil Appeal No 5899 of 2012
Excess payment made due to wrong/irregular pay fixation can always be recovered except few
instances pointed out (such as the worker is a low-wage labourer or the employee has already
retired or is about to retire etc.)
..the institution in which the appellants were working would be responsible for recovery of the
amount received in excess from the salary/pension
..we order the excess payment made be recovered from the appellant’s salary in twelve equal
monthly installments
Shyam Babu Verma v. Union of India [(1994) 2 SCC 521]
The higher pay scale was erroneously paid in the year 1973, the same was sought to be
recovered in the year 1984 after a period of eleven years.
Sudden deduction of the pay scale from Rs.330-560 to Rs.330-480 after several years of
implementation of said pay scale had not *only affected financially but even the seniority of the
petitioners.

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Court held that it would not be just and proper to recover any excess amount paid.
Sahib Ram v. State of Haryana [1995 Supp (1) SCC 18]
Appellants did not possess the required educational qualification and consequently would not be
entitled to the relaxation but having granted the relaxation and having paid the salary on the
revised scales, it was ordered that the excess payment should not be recovered applying the
principle of equal pay for equal work.
Yogeshwar Prasad and Ors v. National Institute of Education Planning and Administration and Ors.
[(2010) 14 SCC 323]
The grant of higher pay could be recovered unless it was a case of misrepresentation or fraud.
On facts, neither misrepresentation nor fraud could be attributed to appellants therein and
hence, restrained the recovery of excess amount paid.
Col. B.J. Akkara (retd.) v. Government of India and Ors. [(2006) 11 SCC 709]
A Government servant, particularly one in the lower rungs of service would spend whatever
emoluments he receives for the upkeep of his family. If he receives an excess payment for a
long period, he would spend it genuinely believing that he is entitled to it. As any subsequent
action to recover the excess payment will cause undue hardship to him, relief is granted in that
behalf.
But where the employee had knowledge that the payment received was in excess of what was
due or wrongly paid, or where the error is detected or corrected within a short time of wrong
payment, Courts will not grant relief against recovery. The matter being in the realm of judicial
discretion, courts may on the facts and circumstances of any particular case refuse to grant such
relief against recovery.
Syed Abdul Qadir and Ors. v. State of Bihar and Ors. [(2009) 3 SCC 475]
Undoubtedly, the excess amount that has been paid to the appellants - teachers was not because
of any misrepresentation or fraud on their part and the appellants also had no knowledge that
the amount that was being paid to them was more than what they were entitled to.
..the Finance Department had, in its counter affidavit, admitted that it was a bona fide mistake
on their part. The excess payment made was the result of wrong interpretation of the rule that
was applicable to them, for which the appellants cannot be held responsible.
Rather, the whole confusion was because of inaction, negligence and carelessness of the
officials concerned of the Government..
..that majority of the beneficiaries have either retired or are on the verge of it.
Keeping in view the peculiar facts and circumstances of the case at hand and to avoid any
hardship to the appellants-teachers, we are of the view that no recovery of the amount that has
been paid in excess to the appellants-teachers should be made.
Varanaseya Sanskrit Vishwavidyalaya and Another v. Rajkishore Tripathi (Dr.), (1977) 1 SCC 279: In
matters of discipline or administration of the internal affairs of a University, the courts should be most
reluctant to interfere.
S D Joshi vs High Court of Bombay (2011) 1 SCC 252, para 62: Judges are not employees of the State.
As members of the judiciary, they exercise sovereign judicial powers of the State. The Judges, at
whatever level they may be, represent the State and its authority unlike the bureaucracy or the
members of other services.
It is inappropriate for Courts to issue a mandate to legislate an Act and also to make a subordinate
legislation in a particular manner
Where the High Court issued directions for inserting certain additional words into a notification
of exemption issued by the U.P. Government, it exceeded its jurisdiction in passing said
directions - [2011] 10-344 (SC)
Maharashtra v. Milind (2001) 1 SCC 4: The appellant was entitled to the protection of continuance in
service (of being admitted into a Professional course), no matter ‘Halba-Koshtis’ were not recognised
as ‘Halbas’.
The Constitution Bench of this Court was examining whether Koshti was a sub-tribe within the

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meaning of Halba/Halbi as appearing in the Constitution (Scheduled Tribes) Order, 1950

Respondent in that case had obtained a Caste Certificate from the Executive Magistrate to the
effect that he belonged to ‘Halba’ Scheduled Tribe.
He was on that basis selected for appointment to the MBBS Degree Course in the Government
Medical College for the session 1985-86 against a seat reserved for Scheduled Tribe candidates.
The certificate relied upon by the respondent-Milind was sent to the Scrutiny Committee, the
Committee recorded a finding after inquiry to the effect that the respondent did not belong to
Scheduled Tribe.
In an appeal against the said Order, the Appellate Authority concurred with the view taken by
the Committee and declared that the respondent-Milind belonged to ‘Koshti Caste’ and not to

‘Halba Caste’ Schedule Tribe.

High Court held that it was permissible to examine whether any sub-division of a tribe was a
part and parcel of the tribe mentioned therein and whether ‘Halba-Koshti’ was a sub-division of
the main tribe ‘Halba’ within the meaning of Entry 19 in the Constitution (Scheduled Tribes)
Order, 1950.
The High Court further held that Halba-Koshti was indeed a sub-tribe of Halba appearing in the
Presidential Order.

Related Topics
Definition of Administrative Law
Authority for Advance Rulings
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Category: Administrative Law

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