Position in India

In India, there are two constitutional limits of the legislation of the delegation.
The power of delegation is subject to certain limitations that the legislation
cannot delegate the essential functions determining the legislative policies.
There are certain permissible limits of the delegation of the power in the hands
of the executive. In simpler terms, this means that the delegatee cannot have
more powers than the delegator. In such a case, it would lead to a ultra-vires
power.
Meaning, Nature and Scope
Administrative law is the study of law that governs the activities of the
administrative agencies of the government which comprises:
 Legislative: Legislature rule making
 Executive: Implementation of law
 Adjudication: Adjudication or giving judgments
Some Notable Points
 Administrative Law is the branch of public law.
 It deals with the relationship of individuals with the government.
 It determines the organisation and power structure of the administration
or the quasi-judicial authorities.
Definitions of Administrative Law
According to the Indian Institute of Law:
 Administrative law deals with the part and the functions of the
administrative authorities.
 The procedure to be followed by these authorities in the exercise of such
powers.
 The remedies available to the aggrieved person when authorities abuse of
the powers
According to Ivor Jennings
“Administrative law is the law relating to the administration. It determines the
organisation, powers and duties of the administrative authorities.”
According to Wade
“Administrative law is the law relating to the control of the governmental
powers.”
According to him the primary object of the administrative law is to limit the
powers of Government and to prevent citizens against their abuse.
According to KC Davis
“Administrative law is the law concerning the powers and procedure of the
administrative agencies, including especially the law governing the judicial
review of the administrative actions.”
What administrative law deals with?
Administrative law deals with the following problems:
 Who are the administrative authorities?
 What is the nature of the powers and nature exercised by the
administrative authorities?
 What are the limitations if any imposed on these powers?
  How the administration is kept restricted to its limits?
 What is the procedure followed by the administrative authorities?
 What remedies are available to person that are adversely affected by the
administration?
Nature and Scope of Administrative Law
The administrative law has a growing importance and the interest and it is
most outstanding phenomenon in the welfare state today. Knowledge of the
administrative law is as important for the officials as responsible for carrying
on administration as for the students of law.
Not a codified Law: Administrative law is not codified like the IPC or law of
the contracts. It is based on the constitution.
Judge made law: It is essentially a judge made law and it is a branch of
public law which deals with the constitution and delegation of power.
Deals with the organisation: Administrative Law deals with organisation
and powers of the administrative and quasi-administrative authorities.
Concerned with the official actions: Administrative Law is primarily
concerned with the official action and the procedure by which official action is
reached. Example: Rule Making, Rule Application, Monitoring actions or pure
administration.
Control Mechanism: It includes control mechanism (judicial review) by which
the administrative authorities are kept within bounds and made effective.
Authorities: Administrative law is derived from the authorities from the
constitutional and statutory law.
Rights: Administrative Law relates to the individual rights as well as public
needs and ensures transparency, open and honest governance which is more
people friendly.
Means or the End: The study of the administrative law is not an end in itself,
but it is a means.
Emergence and development: Administrative law emerges and develops
wherever and whenever any person becomes the victim of the arbitrary exercise
of the public power. Administrative law I not the branch of the philosophy of
law, but of sociology of law.
Branches which govern: It is the body of law which governs the activities of
the administrative authorities of the government. Government agency action
includes rule making, rule adjudication, enforcement of specific regulations
and the related agenda.
Sources of Administrative Law
Constitution of India
The constitution of India is the supreme governing body. We observe that there
are various areas such as the fundamental rights, writs, directive principles of
state policy, executive, legislative and judiciary, position of members of union
public commission, tribunals etc., which form the basis of rule-making.
Acts and Statutes
We see that there are various laws such as Companies Law, Contracts Act,
Administrative Tribunal Act, Ombudsman Act, Lokpal and Lokayukta Act
which acts as a source of legislation.
Ordinances
When the parliament is not in session, the executive branch under Article
123 and 213 is given the permission to make the ordinances.
Rules
It is defined under the General Clause Act, 1897. It is the rule made in exercise
of power conferred by any enactment. It may be applicable to a particular
individual or general public.
Regulations and circulars
It signifies the decisions, orders and Acts of the government are made known to
public. In the sphere of the administrative rule making, it means or it is related
to the situation where power is given to fix the date for the enforcement of an
Act. This can also be related to the exemptions from the rate fixing and prices.
Orders
It covers various types of legislative and quasi-judicial decisions. It may be
specific or general. Specific orders refer to the administrative actions. General
administrative rule making forms a part of such rule making source.
Directions
It is an expression of the administrative rule making under the authority of law
or the rule made thereunder. These may be mandatory or recommendatory.
By-Laws
Rules made by semi-governmental authorities established under the Acts of the
legislature.
Schemes and Notifications
It refers to the situation where the law authorizes the administrative agencies
to lay down a framework within which the detailed administrative action is to
proceed.
Judicial Decisions
The landmark judgements such as Puttaswamy case related to
privacy, Maneka Gandhi vs Union of India related to right to travel
abroad, Vishakha vs State of Rajasthan related to the prevention of sexual
harassment of women at workplace, MC Mehta vs Union of India related to the
control of the environmental pollution, PUCL vs UOI related to the rights of
workers who are working in mines form the basis of the establishment of the
‘tests’ which may be used to clarify the scope of the provisions of the law and
its interpretation. This includes the ‘Right to Food’ as well.
Conditional legislation and Administrative Directions
The legislature makes the laws but laws the executive bring it into operation
when the condition demanding such operation are obtained. The executive has
to decide whether the required conditions have been satisfied or not for the law
to be in operation and if the required condition have been notified bringing the
law into operation. This is called conditional legislation.
Relationship between Administrative Law and Constitutional Law
The relationship between the administrative law is not clearly marked out but
the fact remains that the two are overlapping in several aspects. There exists a
relationship which is fundamental in with if one were to represent the two
branches of law in a Venn diagram, then both would have a common area
known as the watershed area in the administrative law.
So, we see that constitutional law and the administrative law are parts of the
public law. Keith said that it is impossible to distinguish administrative law
and all the attempts to do so are artificial. Administrative law and
constitutional law overlap at certain place and the area is termed as watershed
in the administrative law.
In India, in the watershed one can include the whole control mechanism
provided in the constitution for the control of the administrative authorities.
These include Article 32, Article 136, Article 226, Article 300, Article
227, Article 311.
It may also include some administrative agencies to regulate a particular field
i.e., Article 263 which creates the inter-state council. Similarly, we have Article
280, Article 262, Article 315 and Article 324.

Similarities between the constitutional law and administrative law

 Both are species of public law. This in other words means that both deals
with the government and individuals and the relations among them and
the institution of the government.
 Both deals with the distribution and the exercise of the governmental
powers and functions. Where the constitutional law ends, the
administrative law begins.
 Both are concerned with imposing boundaries and the accountability on
those that exercise the governmental powers.
 Their application is founded on the constitutional study of the
administrative law involves copious reference of the constitutional law.
 Both of them are concerned with the human rights issues.
 Both of them rely on the statutes and case laws for their principles and
operations.
 The principles of both are enforced by the same institutions i.e., courts,
law enforcement agents etc.
Dissimilarities of the Administrative and Constitutional Law
Administrative
Constitutional Law
Law
According to Administrative
Holland, Law describes
constitutional law various organs of
describes various the government in
organs at rest. motion.
According to Ivor Administrative law
Jennings, deals with details.
Constitutional law
deals with
fundamentals.
Administrative law
Constitutional law
is anti-
is majoritarian.
authoritarian.
Administrative law
Constitutional law
deals with
deals with general
functions,
principles related
organisation,
to the organs and
powers, and duties
organisation and
of the
powers of various
administrative
organs.
authorities.
It lays emphasis
This deals with
on the public
rights.
needs.
It is the supreme It is subordinate to
law of land. Constitutional law.
Reasons for the growth of Administrative Law
In India, since the Mauryan and Gupta age, there has been the administration
of the legislation, rule adjudication and the related provisions. There were
many reasons which accounts for the ridden growth of the administrative law.
The following are the reasons for the growth of administrative law:
Concept of Welfare State
We can see the evolution of welfare state concept. The concept was developed
during the 10th and 20th century. According to this concept, the State
administration is to achieve maximum welfare of the masses.
Inadequate Judicial System
Judiciary was slow, costly, unexpected, complex and formalistic in nature.
Overburdening of judicial system due to which speedy disposal was not
possible, and also resulted in strikes and lockouts in disputes between
employers and employees.
To solve above problems, need for tackling arose and as a result, industrial
tribunals and labour tribunals and labour courts were established. These
tribunals are not courts but executive authorities having judicial powers.
Inadequate Legislative
The legislature has no time to legislate upon the day-to-day ever-changing
needs of the society. Detailed procedure made by the legislature were found to
be defective and inadequate. All these resulted in the delegation of some of the
legislative powers to the administrative authorities.
Scope of Experimentation
As the administrative law is not codified law, so there is enough scope of
modification. As per the modification it as per the requirement of the state’s
machinery. Hence, it is more flexible and the rights legislating the procedure
need not be followed again and again.
Increasing demand from people
There was an increase in the demand for the from the people because merely
defining the rights of the citizens was not sufficient but state needs to solve
problems as well.
To take preventive measures
Administrative authorities can take preventive measures like licensing, rate
fixing etc. They can also take effective measures for the enforcement of
preventive measures like enforcement of suspension, revocation or cancellation
of license, destruction of contaminated articles.
Increasing population
Increase in the population creates a burden upon the legislative processes to
implement various laws for various needs of the growing population.
Case Laws
DS Nakara vs Union of India (1983)
Supreme Court held that in the case of a pension providing scheme to the
government servants retiring before a particular date, there was discriminatory
policy based on a fixed ‘cut-off’ date. It was held that such a decision would be
arbitrary, discriminatory and ultra-vires.
Air India vs Nargesh Meerza (1981)
A regulatory provision which was framed by the Air India provided with the
terms and conditions which held that in case the Air-Hostess would be
pregnant, she would be terminated from the service. It was thereafter held that
in such a case, there would be a violation of the Article 14, 15 and 21 of the
air-hostess. It was held that such a law would be violative of the constitution
and hence is arbitrary in nature.
DTC vs Mazdoor Congress (1991)
A resignation conferring the power on the authority to terminate the service of
a permanent employee by giving him a three months’ notice would be ultra
vires and held to be void.
Labh Chandra vs State of Bihar
In this case the prerequisites for the Jain Temple were as follows:
 Attained the age of 21 years
 Made a contribution of at least Rs. 500 or more
 Living in the State for the past 10 years
It was held by the Hon’ble High Court that the rules providing the management
of the Jain Temple were arbitrary and discriminatory in nature. Hence, it was
held that it was a violation of Article 14 of the constitution.
Narendra Kumar vs State of Uttar Pradesh
In this case the ordinance making power was challenged. It was held that
instead of making multiple ordinances when the Parliament is not in sessions,
it would be better if one would spare some time and make an Act or Legislation
which would have the binding nature for all. This was done so that there could
not be the misuse of the power in the hands executive officers.
Conclusion
Thus, we can observe that in most cases such preventive measures prove to be
more effective than punishing person for the breach of any provision of law.
Additionally, we see that today there is an evolution of the concept of welfare
state and the responsibilities are continuously increasing every passing day.
Thus, there should be adequate steps taken in order to do away with the
changing trends and appoint people with the technical expertise in their
respective fields. Today, we observe the evolution of administrative tribunals
which are defined under the Article 323A and 323B of the Indian Constitution.
We see here that the doctrine of the delegation of the power can be observed
here as well constantly evolving with the passage of time. The role of judicial
activism and judicial review are taking new shapes with every passing decade.

Introduction
For the smooth functioning of a democratic country, there should be a society
based on fairness, reasonableness and justness. Administrative law strives to
develop a rule of law. It regulates the relationships between citizens and
government & protects the common man from arbitrary decisions of officials. It
consists of all executive actions, its programs & policies; all administrative
aspects of parliament & judiciary; all actions of state like actors (agency &
instrumentality of the state); all actions of non-state actors (private entities)
exercising public functions. It is the branch of public law which ensures the
working of government at both central and state levels and also deals with the
organizations and powers of administrative and quasi- administrative bodies. It
is judge-made law in general which ensures public welfare by providing
guidelines.

Administrative law is basically a law which regulates the actions of

administrative authorities or agencies. Administrative law tries to develop a
relation between the public and government by regulating itself as the time
required. Administrative law as per the Indian perspective it is almost judge-
made law it is because of its changes by the court case by case in the form of
guidelines. It contains all aspects of administrative actions as it can work as
legislative as it has delegated powers given through legislature but in limits, it
can also work as executive as it enforces the law or implements the law, it
comes in the role of the judiciary when there is need to make quick decisions
but there can be judicial review of that actions if there is contrary in that
decision. Administrative law regulates all these actions and ensures remedies
against the arbitrary actions of administrative agencies.

Administrative law may be identified on the four basics stone:-

1. Checking constructive or abusive of the powers of the administrative
authorities

2. Ensuring citizens a just and fair solution or determination of disputes

3. Protect from unauthorized curtailing of rights of the citizens

4. Accountability of the powers.

Ensuring the protection of citizens over the arbitrary actions of the

administration and also focuses on the judicial review of the actions or
decisions taken by the administration to fulfill that protection against the
actions of the administration are main objects of the administrative law.

Definitions of Administrative law

Administrative law is a law related to administration and can be defined as the
law which governs the activities of the administrative agencies of the
government including actions like rulemaking, adjudication, or the
enforcement of a particular agenda.

Many scholars state different definitions of Administrative law in their views:

According to K.C. Devis, Administrative law is a law which is related to powers

and procedures of administrative agencies, including specially the law related
to judicial review of administrative actions.

According to Ivor Jennings, Administrative law is relating to the

administration which helps in the determination of the organization, powers
and duties of the administrative authorities.

According to F.J. Port, Administrative law consists of all legal rules which have
ultimate objects to fulfill the public law, it touches legislature and judiciary too
and also there are rules which govern judicial actions such as issuing writs
brought by or against the administrative person, rules that permit the
administrative body to exercise judicial powers and practical application of the
law.
According to Austin, Administrative law is to determine the ends to and the
modes in which the sovereign powers shall be exercised. It shall be directly or
by the subordinates.

According to Prof. H.W.R. Wade, Administrative law is the law which controls
the powers of the government.

According to Dicey, Administrative law denotes that part of the nation’s legal
system which determines the legal status and liabilities of all states offices
which defines the rights and liabilities of private individuals in their dealing
with their public officials and which specifies the procedure by which these
rights and liabilities are enforced.

According to Indian Law Institute, Administrative law is a law relating to the

power of administration. It also includes the procedure of how to exercise the
powers, limits of those powers, the way in which the powers are kept in those
limits followed by the officials and the remedies available to the public when
their rights have encroached.

According to C.K.Takwani, Administrative law is the branch of constitutional

law which deals with the powers and procedures of the administrative
authorities.

Now we can define administrative law as the law which is a part of the public
law of a nation which deals with the administration, it also includes the
procedure which is going to be followed by the authorities under administrative
law which deals with the procedure which discuss how to exercise the powers,
limitation on the powers, how powers are enforced on the public and also the
remedies for the public when their rights encroached. Administrative law
defines the relationship between the public and the government and protects
from arbitrary actions which are unfair without any reasonable reason to the
public.

Nature of Administrative law

Administrative law is the branch of public law which defines the relation
between individuals and state. But it is not a law in a true sense like other
laws such as property law or labor law. It is also not like private law which
deals with relations of individual inter se. it is a law to administer the
administrative authorities and check them from making any arbitrary
decisions. Administrative law deals with the organization, powers and duties of
the administrative authorities and also the procedure followed by the officials
while exercising the powers. Administrative law is limited to the law which
limits the power of administrative authorities while exercising the powers. It
also provides remedies in the favor of the public when the rights of the public
encroached.

In India, administrative law is almost judge made law. Thus it suffers from
more facilities and benefits because of judicial lawmaking. Judiciary interprets
law according to the need of time and issues guidelines for such. It affects
administrative law and makes it more strong and beneficial. It is a branch of
the constitution that regulates all three branches i.e. legislative, executive and
judiciary in the same way administrative regulates all administrative
authorities and protects them from corrupt practices. Its main purpose is to
focus on the judicial review of administrative actions. In this way, there is
protection from the arbitrary actions of the administrative actions.
Administrative actions can be legislative, executive or judiciary. Administrative
can do all of three actions when which is required to do so. By delegation
legislation administrative has the power to make law when it comes to
implementation of administrative acts as an executive and when it comes to
making quick decisions then the administrative can act as the judiciary. The
nature of administrative law changes according to the need.

Scope of Administrative law

Scope means an area of study or the variety of subjects that are being
discussed or considered. As administrative law is almost judge-made law so it
changes according to societal needs but in the guidance of the basic principles
so the scope of this law is wider in comparison to other laws. Administrative
law determines the powers and duties of the organization and the
administrative authorities. The scope of administrative law is wide enough
because, with the requirement of time, Administrative Law incorporates and
culls out new rules and regulations. The concept of administrative law is
founded on the following:-

1. Principles of natural justice and for rulemaking

2. Notion of the Rule of law

3. Law conferred power to administration as per Article 13 of the Indian

Constitution
4. Accountability of powers, no power is absolute or uncontrolled

5. There should be a reasonable restriction on the regulations of such powers

6. The power of the court to issues writs

7. Opinions of public and mass media.

As administrative law incorporates new rules and regulations as per the

requirement of time, so its scope is wide enough to incorporate all such rules
and regulations. In general, it is a judge made law so it varies according to
societal needs. The scope of the administrative law is wide as it can act as all
three branches of the government. It can make law, implement the law and can
also take decisions whenever required. But the review of the decision can be
taken and on the basis of that review, the court can issue guidelines if there is
any contradiction in that decision.

Conclusion
Administrative law is to administer & protect the public from the arbitrary
actions of the administrative authorities. For a democratic country, there
should be a strong and honest administration system. Administrative law
provides that strength by making laws for administrative authorities.
Administrative law makes the working of the administration system more clear
and more smooth. How to exercise powers, limits of those powers, how to keep
those powers in limits while exercising such powers, procedures followed by
the officials all these things are in administrative law. There are also remedies
for the public when their rights are seized. It does not like substantive law
which is beyond the understanding of lawyers it is a law which is dictated by
the judges and especially focusing on the judicial review of the administrative
actions. It is limited to the law concerning powers and procedures of
administrative and quasi-administrative agencies.

Introduction of Administrative Law

Apart from the traditional functions of maintaining law and order,
administering justice, and protecting its citizens from aggression, states have
taken on a variety of functions in modern times that did not previously fall
within their purview. The states have implemented various development,
planning, and welfare schemes that affect every aspect of human life. During
this process, enormous powers had to be conferred on the government, without
which the welfare state’s objectives could not have been met. Thus,
administrative law is a by-product of the state’s expanding socioeconomic
functions and increased powers.

Concept and Definition of Administration Law

Administrative law is a subset of public law that deals with the various powers,
responsibilities, rights, and liabilities of government agencies involved in public
administration. Various attempts to provide a definitive definition have been
made, but none have been successful. “Administrative law is as to determine
the ends to which sovereign powers shall be exercised and the modes in which
those powers shall be exercised,” according to Austin.

They shall be exercised in the following ways:

1. Directly by the sovereign member’s monarch

2. Directly by subordinate political superiors to whom portions of those are
delegated or committed in trust.
Administrative law, according to Jennings, is “A law relating to the
administration, powers and duties of administrative authorities.”

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, policy statements, 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:

1. Writs of habeas corpus, mandamus, certiorari, and prohibition are used

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

General Principles of Administrative Law

The first step in administrative law is to determine the legal validity or

authority of the government official’s action. This entails examining the legal
authority to act’s foundation, that is, the specific law that grants that
administrator the legal authority to act. Constitutional law primarily concerns
who has the authority to make laws. Administrative law is concerned with the
actions of government officials who have been given authority by these laws. As
a result, constitutional and administrative law are inextricably linked. If the
law that empowered the government official to act is found to be
unconstitutional and thus invalid, any actions taken by the government official
under that law will be invalid as well. As a result, an individual who has been
harmed by this action may be able to seek legal redress.
The Rule of Law

It is based on the concept of rule of law, which supports Natural Justice, i.e.,
judging based on impartiality, justice, and the prescribed laws and legal
methods rather than on the government’s arbitrariness and abuse of official
power while serving the people and deciding cases brought before its Tribunals,
etc. Natural justice is used in situations where there are no laws in place; in
these cases, the individual must be given an opportunity to be heard, and the
judgment must be based on the facts and circumstances of the case, and it
must be free of bias. Its purpose is to prevent officials in power from violating
people’s rights.

The ability of the court to control abuses of administrative power is critical to

Dicey’s Rule of Law. The fact that not all administrative action is contained in
statute amenable to judicial interpretation demonstrates that the courts are
incapable of performing this control function. Administrative functions are
dissipating at an increasing rate, particularly as privatization progresses. In
this and many other governmental contexts, some functions are carried out
through contracts governed by private contract law rather than public
administrative law.

Delegation of Authority

Given the importance of government business, delegation of powers from

legislators to administrators is necessary. Parliament cannot decide all issues
in a country due to the large number of decisions that must be made. Another
important reason for delegating powers is that laws must be broad by
definition, as the wording of laws cannot encompass all specific and frequently
changing circumstances that arise.

As a result, the application of the law may necessitate some discretion in order
to apply to specific circumstances, and the laws themselves must establish
criteria for exercising such discretion in order to ensure fairness and
consistency. Almost every law passed by Parliament specifies the powers and
responsibilities of various government entities or officials, such as the cabinet,
a specific minister or civil servant, or a judge. Because delegation of powers is
so important, Parliament has developed control guidelines for its own
delegation of powers to administrators.

Important Case Laws

1. Ram Jawaya Kapoor v. State of Punjab 1955

Whether Fundamental Right of the petitioner was violated or infringed and
what is the extent of executive power?
  Supreme Court held that the action of the government did not amount to
violation of the Art. 19(1) (c) and 19(1) (g).
 Separation of powers under Article 77/162.
 Motilal vs. State of UP.
 Executive power connotes the residue of government function that
remain after legislative and functions are taken away.

2. Asif Hameed v. J&K 1989

Does High Court has power to issue directions to the State Government to
Constitute ‘statutory body’ for making admissions

 Court followed the State of HP v A Parent of a Student of Medical College,

Shimla AIR 1985 3 SCC 1669.
 While exercising power of judicial review of administrative action the
Court is not an appellate authority.
 The Constitution does not permit the Court to direct or advise the
executive in matter of policy or to sermonize qua any matter which under
the Constitution lies with the sphere of legislature or executive, provided
these authorities do not transgress their constitutional limits or statutory
powers.
 Separation of power is not an absolutely rigid concept.
 Judicial review is an important tool.

3. State of MP v. Bharat Singh

 Supreme Court upheld the order of the High Court and held 3(1)(b) of the
Act as unconstitutional on the ground that it invested the govt with very
wide discretion without any procedural safeguards as a person could
have even be interned in a place which could render him a destitute
without any means of livelihood.
 This violated the principles of natural justice.
 It cannot be arbitrary even in case of Article 358.
 Rule of Law- Dicey/ No continental system, only British Common Law
system.
 Govind Chhagan Lal Patel v. A.P.M Committee AIR 1976 SC 263
Issue: Whether the publication of notification u/s 6(5) if the Gujarat
Agricultural Produce Market Act, 1964 covering additional varieties of
agricultural produce (like ginger and onion), must not only be published in
official gazette but must be published in vernacular i.e., Gujarati Newspaper?

 The question whether statue is mandatory or directory depends upon the

intent of the legislature and not upon the language in which the intent is
clothed
 Khub Chand v. State of Raj 1967 referred
 Held publication in the local news is mandatory
 The notification could affect valuable rights if the traders
 Violations could subject them to penal consequences
  Absence of prober and adequate publicity the right of the traders and
agriculturalist hampered without offering them an opportunity to offer
objections and suggestions.
 Publication in the Newspaper attracts greatest attention of the public
than in OG.

Conclusion

“Administrative law, as the term implies, is limited to law governing the powers
and procedures of administrative agencies, particularly the law governing
judicial review of administrative actions,” says Prof. K.C Davies. It excludes the
massive amount of substantive law produced by the agencies, much of which is
beyond the comprehension of lawyers.

We have interacted with the piece of law that regulates not only the
administration but also state agencies. This is the importance of Administrative
Law, one of the three arms of the state administration that has the potential to
wield too much power, hence the need for administrative law and learning the
importance of administrative law is very vital for any administration and
organization in the country.
For the purposes of this article, we will interact with the importance of
administrative law. It would be nice for us to interrogate its application in
African governments. The main importance of administrative law is to uphold the
authority of the government under the law and to protect the rights and public
interests of individuals.

What are the advantages of studying administrative law?

Studying administrative law equips students with the knowledge required to
exercise their duties and responsibility by following the principles of law to
avoid abuse of office. Disputes are settled in a reasonable manner than in trial
courts. And another importance of administrative law is that it reduces costs in
administrative tribunals as compared to costs involved in court and the judicial
system.
As is well known, the scope of government expands over time. Today, the state
works as a guardian, entrepreneur, regulator, and arbitrator. Of paramount
importance, with regard to Africa and other parts of the world, is the fact that
state officials need to stay under the law for the objectivity of administrative
law to serve its full purpose.

What is the importance of administrative law?

[Answer] Administrative law is a very important concept which controls, or limits
the authority of people in administrative offices. Its a guide that proves if ones
action shows abuse of law or not. Administrative law provides an effective
procedure for employees to follow and most importanly, it enables a balance
among two conflicting forces, individual rights, and public interest.
Effective elements of government are professionals and decision-making bodies.
All powers have two unique qualities. One is that it may not be absolute or
unconditional, and the other is that it can be abused. Administrative law seeks
to control the authority of authorities.
Administrative law provides for effective procedures for acquiring property. It
allows us to maintain a balance between two conflicting forces, individual
rights, and the public interest. We have seen unlawful practices by some
African leaders plunging economies into deep pools of mud. This shows a lack
of respect for the law itself.

The role of the nation is changing dramatically. The policy of maintaining peace
and social welfare is evolving. However, the nation is not limited to traditional
functions and justice, but is actively regulated and is trying to fulfill various
functions as a state-supporting nation.
There was no legal framework to clarify a large number of questions. It was
moderate, excessive, complex, and required more paperwork. It was
overworked and it was unrealistic to expect even the most important problems
to be resolved quickly.

The essential problem could not be solved simply in the true sense of the word
by deciphering the arrangement of a particular rule, but it had to consider
various factors, which was not possible in a normal court. Therefore, the Labor
Court and the Labor Court. People have been assigned the methods and
abilities to deal with these unpredictable issues. The legislative process was
inadequate.
There was no time or way to experience all the complexity. It is not possible to
establish all the rules and procedures. In the management procedure, there is
a possibility of an experiment. Administrative law allows you to set standard
rules that are tried for a while, and if they are not correct, you can adapt or
change them in a short period of time.
In addition, the implementation is flexible and the associated processes are
adaptable. Administrative law can avoid small procedures. Administrative law
is more about a functional approach than a theoretical and legislative
approach. The traditional judicial system is traditionalist, inflexible and
professional. It is not understandable that a court chooses a case without
convention or procedure.
The administrative court is not bound by the rules of evidence and
methodologies and can take a functional perspective on the subject in order to
select complex issues. There are many precautions that government authorities
can take on their own. Unlike ordinary courts, they do not have to wait for the
parties to come in front of them to resolve the dispute.
In general, these precautions can be more effective and useful than dodging
people after filing a law violation. Government authorities can take strong steps
in implementing precautionary measures such as suspending, revoking,
revoking permits, and atomizing unwanted items that are not accessible in
ordinary courts.

Administrative law is such an important component of public law. Human

rights violations and other crimes against humanity around the world are a
result of the lack of regulation against abuse by administrative systems.
The main role of administrative law is to uphold the authority of the
government under the law and to protect the rights and public interests of
individuals. As is well known, the scope of government expands over time.
Today, the state acts as a guardian, entrepreneur, regulator, and arbitrator.
Decision-making bodies, experts, and decision-making bodies are considered to
be effective elements of government. All powers have two unique qualities.
One is that it may not be absolute or unconditional, and the other is that it can
be abused. Administrative law seeks to control the authority of authorities.
Administrative law provides for effective procedures for acquiring property.
Further, it allows us to maintain a balance between two conflicting forces,
individual rights, and the public interest.

The relationship between the government and the public in Africa is bitter.
Executives held on to so much power that citizens live in fear and can not even
think of the existence of administrative law. Subsequently, this phenomenon
and other pieces of law that protect citizens are foreign to them because the
desire to inquire about how the law applies to leaders is thwarted by terror and
fear.

The administrative law is the judge law. It is not generally written and is an
uncodified constitution. The role of governing law is to limit government
authority and oversee administrative authorities. In general, it is unlikely that
we will rely on general law to deal with the growing disputes between
individuals and authorities. Actual legislation is needed for government action
to resolve such disputes.

It is important that citizens are educated on administrative law and its

importance to the nation. Young professionals should come up and initiate
movements that educate people. This is especially in remote areas where
education itself is still a struggle to get.
When leaders are put to account for their actions, developmental issues take
center stage, and issues around human rights violations will be easily
eliminated. Administrative law should make sure leaders keep the promises
they made the day they were inaugurated as holders of whatever office
bestowed upon them.

Administrative Law: Concept, Definition, Nature, Scope and Principle and its
Sources

“Administrative Law: Concept, Definition, Nature, Scope and Principle and its
Sources ”

Administrative law is the law governing the Executive, to regulate its

functioning and protect the common citizenry from any abuse of power
exercised by the Executive or any of its instrumentalities. Administrative law is
the body of law that governs the activities of administrative agencies of
government. Government agency action can include rule making, adjudication,
or the enforcement of a specific regulatory agenda. Administrative Law as a law
is limited to concerning powers and procedures of administrative agencies. It is
limited to the powers of adjudication or rule-making power of the authorities. It
is a new branch of law which has evolved with time and shall continue to
evolve as per the changing needs of the society. The aim of administrative law
is not to take away the discretionary powers of the Executive but to bring them
in consonance with the ‘Rule of law’.

1. Introduction of Administrative Law

Administrative law is part of the branch of law commonly referred to as public

law, the law which regulates the relationship between the citizen and the state
and which involves the exercise of state power. So, it is a part of the legal
framework for public administration. Public administration is the day-to-day
implementation of public policy and public programs in areas as diverse as
immigration, social welfare, defence, and economic regulation—indeed in all
areas of social and economic life in which public programs operate.
Administrative law is the body of law that governs the activities of
administrative agencies of government. Government agency action can include
rule making, adjudication, or the enforcement of a specific regulatory agenda.
Administrative law is considered a branch of public law. Administrative law
deals with the decision making of such administrative units of government as
tribunals, boards or commissions that are part of a national regulatory scheme
in such areas as police law international trade manufacturing the environment,
taxation, broadcasting immigration and transport. Administrative law
expanded greatly during the twentieth century, as legislative bodies worldwide
created more government agencies to regulate the social, economic and
political spheres of human interaction.

2. Concept of Administrative Law:

Administrative law is a branch of public law that is concerned with the

procedures, rules, and regulations of a number of governmental agencies.
Administrative law specifically deals with such administrative agencies’
decision-making capabilities, as they carry out laws passed by state and
federal legislatures. An example of administrative law is the regulation and
operation of the Social Security Administration, and the administration of
benefits to the people. Administrative law is that body of law which applies for
hearings before quasi-judicial bodies, boards, commissions or administrative
tribunals supplement the rules of natural justice with their own detailed rules
of procedure. Through jurisprudence, common law or case law, these principles
have each been expanded and refined beyond their original simplistic design to
form distinct bodies of law forming together what the legal system refers to as
administrative law.

3. Definition of Administrative Law:

Administrative law deals with the legal control of government and related
administrative powers. In other words, we can define administrative law as the
body of rules and regulations and orders and decisions created by
administrative agencies of government.

Administrative law consists of complaints respecting government action that

adversely affects an individual. Thus, administrative law involves determining
the legality of government actions. There is a two-fold analysis: the legality of
the specific law itself and the legality of particular acts purportedly authorized
by the specific law. Governments cannot perform any act by itself.
Governments act through government officials who must act within certain
limitations. A government’s power to act comes from legislation. Thus,
government officials must act within the parameters (or scope) of such
legislation which give their actions lawful authority. These are lawful actions. If
government officials act outside the scope of their lawful authority and
individuals are affected by these acts, then the principles of administrative law
provide individuals with the ability to seek judicial review of the administrative
action and possible remedies for the wrongful acts. It is indeed difficult to
evolve a scientific precise and satisfactory definition of administrative law.
Many jurists have attempted to define it. But none of the definitions has
completely demarcated the nature, scope and contents of Administrative Law.
Either the definitions are too broad and include much more than what is
necessary or they are too narrow and do not include all the necessary contents.

3.1 Definition by Ivor Jennings Ivor Jennings in his "The law and the
constitution, 1959" provided the following definition of the term "administrative
law". According to him, "administrative law is the law relating to the
administrative authorities". This is the most widely accepted definition, but
there are two difficulties in this definition.

(1) It is very wide definition, for the law which determines the power and
functions of administrative authorities may also deal with the substantive
aspects of such powers. For example: - Legislation relating to public health
services, houses, town and country planning etc. But these are not included
within the scope and ambit of administrative law, and

(2) It does not distinguish administrative law from constitution law.

3.2 Definition by K. C. Davis According to K. C. Davis, "Administrative law as

the law concerns the powers and procedures of administrative agencies,
including especially the law governing judicial review of administrative action".

3.3 Definition by Prof. Wade According to Wade (Administrative Law, 1967) any
attempt to define administrative law will create a number of difficulties. But if
the powers and authorities of the state are classified as legislative,
administrative and judicial, then administrative law might be said "the law
which concerns administrative authorities as opposed to the others". Again,
there are some difficulties with this definition also. It falls to distinguish
administrative law from constitutional law Like Jennings definition mentioned
above, this is also very wide definition. It includes the entire legal field except
the legislature and the Judiciary. It also includes the law of local government.
It is also said that it is not possible to divide completely and definitely the
functions of legislative, executive and judiciary. It is very difficult to say
precisely where legislation ends and administrative begins. Though enacting a
law is function of the legislature the administrative authorities, legislate under
the powers delegated to them by the legislature and this delegated legislation is
certainly a part of administrative law.

3.4 Definition by Jain and Jain According to Jain and Jain, "Administrative law
deals with the structure, powers and function of the organs of administration,
the limits of their powers, the methods and procedures followed by them in
exercising their powers and functions, the method by which their powers are
controlled including the legal remedies available to a person against them when
his rights are infringed by their operation".
Administrative law, according to this definition, deals with four aspects: -

It deals with composition and the powers of administrative authorities.

 It fixed the limits of the powers of such authorities.

 It prescribes the procedures to be followed by these authorities in exercising

such powers and, It controls these administrative authorities through judicial
and other means

3.5 Definition by Griffith and Street

According to Griffith and Street, (Principles of administrative law, 1963), the

main object of Administrative law is the operation and control of administrative
authorities, it must deal with the following three aspects:

- What are the limits of those powers?

 What sort of power does the administration exercise?

 What are the ways in which the administrative is kept within those limits?

3.6 Improvement to Griffith and Street's Definition According to the Indian Law
Institute, the following two aspects must be added to have a complete idea of
the present - day administrative law: - What are the procedures followed by
the administrative authorities?

 What are the remedies available to a person affected by administration?

3.7 Definition by Garner According to Garner, administrative law may be

described as "Those rules which are recognised by the court as law and which
relates to and regulate the administration of government."

Thus Administrative law can be said to be science of power of Administrative

authorities, and the nature of their powers can be studied under the three
heads:

Legislative or Rule making,

 Purely Executive,

Judicial or Adjudicative

4. Nature of Administrative Law: Administrative Law is a new branch of law

that deals with the powers of the Administrative authorities, the manner in
which powers are exercised and the remedies which are available to the
aggrieved persons, when those powers are abused by administrative
authorities. The Administrative process has come to stay and it has to be
accepted as a necessary evil in all progressive societies. Particularly in welfare
state, where many schemes for the progress of the society are prepared and
administered by the government. The execution and implementation of these
programmes may adversely affect the rights of the citizens. The actual problem
is to reconcile social welfare with rights of the individual subjects. The main
object of the study of Administrative law is to unravel the way in which these
Administrative authorities could be kept within their limits so that the
discretionary powers may not be turned into arbitrary powers.

5. Scope of Administrative Law: Administrative Law as a law is limited to

concerning powers and procedures of administrative agencies. It is limited to
the powers of adjudication or rule-making power of the authorities. Thus, it is
limited to: Establishment, organization and powers of various administrative
bodies Delegated legislation - the Rule-making power of the authorities
Judicial functions of administrative agencies such as tribunals Remedies
available such as Writs, Injunction etc. Procedural guarantees such as the
application of principles of Natural Justice

Government liability in tort Public corporations There are several branches

of the science of law. The Administrative Law is a recent branch of the science
of law. In the political science there are few Administrative organs. Certain
functions have been allotted to these organs in the Administrative Machinery.
The Administrative law deals with the structure, functions and powers of the
Administrative organs. It also lays down the methods and procedures which
are to be followed by them during the course of remedies which are available to
the persons whose rights and other privileges are damaged by their operations.
From the few lines above explaining the meaning of the Administrative law, we
can notice the exact scope of this new branch of Law. The scope of
Administrative law can be narrated as under: -

The methods and procedures of these Administrative organs are also studied
by this new branch of law. It covers the nature of structure, powers and
functions of all these administrative organs. 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. Why and How the
Administrative Organs are to be controlled is also viewed by the Administrative
law. In this way along with the development in the Political Science and along
with the idea of federal Administration, the separate branch of Administrative
law has been developed. It is to be clearly noted that this branch of Law is
exclusively restricted to the Administrative organs only. The delegated
legislations are supposed to be the backbone of the Administrative law.
6. Sources of Administrative Law:

6.1 Constitution The Constitution is the creator of various several

administrative bodies and agencies. It gives brief details about the mechanism
and the administrative powers granted to various authorities. The Constitution
is the supreme law of the land. Any law or act which is inconsistent with it has
no force or effect. The effect of this provision is that laws and administrative
acts must comply with the Constitution. The Constitution is binding on the
executive branch of government in every sphere of administration. Constitution
establishes a variety of agencies and administrative structures to control the
exercise of public power.

6.2 Acts and Statutes Acts and Statutes passed by legislature are important
sources of administrative law because they elaborately detail the powers,
functions and modes of control of several administrative bodies.

6.3 Ordinances, Notification and Circulars Ordinances are issued by the

President (at Union / Federal level) and Governor (at State level) and are valid
for a particular period of time. These ordinances give additional powers to
administrators in order to meet urgent needs. Administrative directions,
notifications and circulars provide additional powers by a higher authority to a
lower authority. In some cases, they control the powers.

6.4 Judicial decision judicial decisions or judge-made law have been

responsible for laying down several new principles related to administrative
actions. They increased the accountability of administrative actions and acted
as an anchor between the notifications, circulars etc. to be linked and complied
directly or indirectly with the constitutional or statutory provisions.

7. Principles of Administrative Law:

7.1 Judicial Review: Administrative law is generic term, it encompasses all

aspects of legal regulations of governmental powers, and judicial review of the
administrative actions refers to the jurisdiction of the courts to ensure that
governmental decision makers act within law. The exercise of legal power may
often involve the exercise of discretion to choose between alternative courses of
action or, indeed, whether or not to act at all. The essence of discretion is,
however, that it is contained within legal limits. A power not contained within
such limits would be arbitrary. The principles of judicial review serve to set
legal limits to the exercise of discretionary powers. Judicial review is concerned
with the legality of the decision made, not with the merits of the particular
decision

7.2 Principle of legitimate expectation

It was, in fact, for the purpose of restricting the right to be heard that
'legitimate expectation' was introduced into the law. It made its first
appearance in an English case where alien students of 'Scientology' were
refused extension of their entry permits as an act of policy by the Home
Secretary, who had announced that no discretionary benefits would be granted
to this sect. They had no legitimate expectation of extension beyond the
permitted time and so no right to a hearing, though revocation of their permits
within that time would have been contrary to legitimate expectation. Official
statements of policy may cancel legitimate expectation; just as they may create
it.

7.3 Principle of reasonableness

The concept of discretional decision making is one of the main issues of

administrative law. The term discretion has been used to indicate
administration’s choice to achieve its goal without arbitrariness since it
achieves its goals by involving all citizens. Wielding this power, it can make
choices from a range of solutions, but bounded by the principle of
reasonableness. This principle expresses the logical relationship that must
exist between discretional decisions and the evaluation of all public and private
interests involved in the circumstances of the case.

7.4 Principle of good governance

Good governance is about the processes for making and implementing

decisions. It’s not about making ‘correct’ decisions, but about the best possible
process for making those decisions. Good governance has eight major
characteristics:

Participatory

Consensus oriented

Accountability

Effective and efficient

Equitable and inclusive

Rule of law

Transparent

7.5 Principle of natural justice

“Not only should justice be done, but it should be seen to be done” It is not a
written law but has been developed by courts in process of their judicial
decisions. It seems to be as old as the system of dispensation of justice itself. It
has by now assumed the importance of being, so to say, "an essential inbuilt
component" of the mechanism, through which decision making process passes,
in the matters touching the rights and liberty of the people. It is no doubt, a
procedural requirement but it ensures a strong safeguard against any Judicial
or administrative; order or action, adversely affecting the substantive rights of
the individuals

7.6 The principle of rule of law “Where laws do not rule, there is no
constitution.” The notion of the rule of law can be traced back to at least the
time of Aristotle who observed that given the choice between a king who ruled
by discretion and a king who ruled by law, the later was clearly superior to the
former. The essence of the rule of law is that of the sovereignty or supremacy of
law over man and the government. The rule of law insists that every person-
irrespective of rank and status in society- be subject to the law. Although it is
always a good precept to beware of fashions in legal thinking, there is
substantial support for the view that the foundation of modern administrative
law is the rule of law.

7.7 The principle of accountability

The principle of accountability requires that there must be in place forums in

which decision makers may be called to account to justify their actions. Such
accountability may be political or legal. A minister should be accountable to
Parliament at the political level to justify, for example, that decisions taken are
in the best interests of the nation. The principles of judicial review enable the
courts to call decision-makers to account for the legal propriety of their
decision-making. The principle of accountability helps in making a clear
distinction between direction and arbitrariness. An arbitrary power is one
which is open-ended, not subject to identifiable limits and, therefore, not
capable of being controlled by the courts

7.8 Classification of power

The separation of powers is a useful doctrine in order to measure any undue

shift of power toward the executive. It is importance to recognize the scope and
extent of a government’s executive or administrative powers, and its judicial
powers. It is a doctrine which is fundamental to the organization of a state –
and to the concept of constitutionalism – in so far as it prescribes the
appropriate allocation of powers, and the limits of those powers, to differing
institutions. The concept has played a major role in the formation of
constitutions. The extent to which powers can be, and should be, separate and
distinct, was a central feature in formulating, for example, both the American
and French revolutionary constitutions. In any state, three essential bodies
exist: the executive, the legislature and the judiciary. It is the relationship
between these bodies which must be evaluated against the backcloth of the
principle. The essence of the doctrine is that there should be, ideally, a clear
distinction in function between the legislature, executive and judiciary, so that
none should have excessive power and that there should exist a system of
checks and balances between the institutions.

8. Objectives of Administrative Law: Over the past decade it appears that

administrative law, which is the body of law governing the activities of
administrative agencies of government, has been minimized, allowing a number
of governmental agencies to run ineffectually. Ultimately this has resulted in
numerous economic and environmental calamities within the United States,
i.e.; British Petroleum, Enron, Wall Street, and the auto industry. The majority
of governmental agencies within the United States are underneath the
executive branch, with few being a part of the judicial and legislative branches.
Following are the objectives of administrative law:

Control of government powers:

Remedy to aggrieved person:

Equal status of state and public:

Effective use of government power:

Public utility:

Determination of government and public disputes:

Determination of social problems:

Performance of administration - improvement:

Maintenance of Rule of law:

9. Conclusion: Administrative law is the law governing the Executive, to

regulate its functioning and protect the common citizenry from any abuse of
power exercised by the Executive or any of its instrumentalities. It is a new
branch of law which has evolved with time and shall continue to