FACULTY OF LAW

Jamia Millia Islamia (A Central University)

Maulana Mohammad Ali Jauhar Marg, Jamia Nagar

New Delhi -110025

B.A. LL.B. (Self-financed) - Semester-VI

Administrative Law
Topic
Administrative Actions
NAME: HARSH RAJ KAUSHIK

STUDENT ID: 202008178

COURSE: B.A. LL.B. (Hons.)

SEMESTER: VI

DIVISION: SELF-FINANCED

BATCH: 2020 - 2025

SUBMITTED TO – PROF. ALISHA KHATUN

DATE OF SUBMISSION - 08/05/2023

 Acknowledgement

First and foremost, I want to express my gratitude to Prof. Alisha khatun, our
subject teacher, for her invaluable assistance and advise. She greatly motivated
us to work on this fascinating project. Her ability to motivate us was extremely
beneficial to our project. I'd also like to thank her for providing us some sample
research assignments on how to approach the task. In addition, I'd want to
express my gratitude to my seniors, who provided me with useful material and
served as a source of help in completing the task. Finally, I'd want to thank my
family and friends for their understanding and guidance in helping me complete
this project. This assignment would not have been accomplished without the
assistance of the details stated above.

Thank you!
 Synopsis
I. Introduction
• Definition of Administrative Action
• Importance of Administrative Law in India
II. Sources of Administrative Law in India
• Constitution of India
• Administrative Tribunals Act, 1985
• The Right to Information Act, 2005
• Other relevant Acts and Rules
III. Types of Administrative Actions
• Quasi-Judicial Action
• Quasi-Legislative Action
• Administrative Action with Judicial Characteristics
• Administrative Action with Legislative Characteristics
IV. Principles Governing Administrative Action
• Natural Justice
• Reasoned Decision Making
• Procedural Fairness
• Rule of Law
V. Judicial Control over Administrative Action
• Judicial Review
• Writ Jurisdiction
• Grounds for Challenging Administrative Action
VI. Ombudsman and Administrative Action
• Role of Ombudsman in monitoring administrative action
• Types of Ombudsman in India
VII. Important Case laws related to Administrative Actions
VII. Conclusion
• Summary of key points
• Significance of Administrative Action in a democratic society
• Recommendations for strengthening Administrative Law in India.
I. Introduction

Administrative action refers to any action taken by the executive branch of the government or
any other administrative body in the exercise of its authority. This can include any decision,
order, rule, regulation, or direction that affects the rights, interests, or obligations of
individuals, organizations, or other entities. Administrative action is a key component of
administrative law, which governs the relationship between the state and its citizens.

Importance of Administrative Law in India:1

Administrative law is a critical area of law in India, as it has a significant impact on the lives
of citizens and the functioning of the government. The Constitution of India provides for a
separation of powers between the legislative, executive, and judicial branches of government,
and administrative law helps to ensure that the executive branch operates within its bounds
and does not infringe upon the rights of individuals.

One of the most significant contributions of administrative law in India is the protection of
individual rights. Administrative law requires that administrative bodies act in a manner that
is fair, just, and reasonable, and that they provide individuals with the opportunity to be heard
and to challenge any adverse decisions. This ensures that individuals are not subject to
arbitrary or capricious decision-making, and that they have access to remedies if their rights
have been violated.

Administrative law is also important in India because it helps to ensure transparency and
accountability in government decision-making. Administrative bodies are required to follow
established procedures and to provide reasons for their decisions, which helps to prevent
corruption and abuse of power. Administrative law also provides for the review of
administrative decisions by independent tribunals and courts, which ensures that decisions are
subject to objective scrutiny.

Another important aspect of administrative law in India is its role in regulating government
agencies and departments. Administrative law requires that administrative bodies act within
the scope of their authority and that they do not exceed their jurisdiction. This helps to prevent
government overreach and abuse of power, and ensures that administrative bodies act in the
public interest.

1
Justice Syed Shah Mohammed Quadri, Judicial Review of Administrative Action, 1 EBC India(2001)
Overall, administrative law plays a critical role in India's democratic system of government.
It helps to ensure that the government operates in a fair, just, and transparent manner, and that
individuals are protected from arbitrary or capricious decision-making. Administrative law
also promotes accountability and transparency in government decision-making, and helps to
ensure that the government acts within its lawful authority. As such, administrative law is an
essential component of India's legal system and its commitment to the rule of law.

II. Sources of Administrative Law in India

Administrative law in India is derived from a variety of sources, including constitutional

provisions, statutes, rules, and regulations. These sources provide the framework for the
functioning of administrative bodies and ensure that they act within the bounds of their
authority. In this section, we will explore some of the most significant sources of
administrative law in India.

Constitution of India:

The Constitution of India is the primary source of administrative law in India. It provides the
framework for the functioning of the government and sets out the powers and functions of the
executive, legislative, and judicial branches of government. The Constitution also includes
provisions that regulate the exercise of administrative power and protect individual rights.

Some of the key provisions of the Constitution that are relevant to administrative law include:

• Article 142: This article provides for the right to equality before the law and equal
protection of the laws. It prohibits discrimination on the basis of religion, race, caste,
sex, or place of birth.
• Article 193: This article guarantees the right to freedom of speech and expression, the
right to assemble peacefully, and the right to form associations or unions.
• Article 214: This article provides for the right to life and personal liberty, which
includes the right to a fair procedure and the right to be heard.

2
Constitution of India, art. 14.
3
Constitution of India, art. 19.
4
Constitution of India, art. 21.
 • Article 325: This article provides for the right to constitutional remedies, which allows
individuals to seek relief from the courts if their fundamental rights have been violated.

Administrative Tribunals Act, 1985:6

The Administrative Tribunals Act, 1985, was enacted to provide for the establishment of
administrative tribunals to adjudicate disputes and complaints with respect to recruitment and
conditions of service of persons appointed to public services and posts in connection with the
affairs of the Union or any State. The Act established administrative tribunals at the central
and state levels, which have the power to hear and decide disputes related to recruitment,
service conditions, and disciplinary matters of government employees.

The Right to Information Act, 20057:

The Right to Information Act, 2005, is an important statute that promotes transparency and
accountability in government functioning. The Act provides for the right of citizens to access
information held by public authorities, subject to certain exemptions. The Act establishes a
framework for citizens to request information, and it imposes obligations on public authorities
to respond to such requests in a timely and efficient manner.

Other relevant Acts and Rules:

In addition to the Constitution, the Administrative Tribunals Act, and the Right to Information
Act, there are numerous other statutes and rules that govern administrative law in India. Some
of the most significant include:

• The Code of Civil Procedure, 19088: This statute provides for the procedure to be
followed by civil courts in the trial of civil suits. It also provides for the execution of
decrees and orders.

5
Constitution of India, art. 32.
6
Administrative Tribunals Act, 1985, Act No. 13 of 1985, India Code,
http://indiacode.nic.in/handle/123456789/1265 (last visited May 8, 2023).
7
The Right to Information Act, 2005, No. 22 of 2005 (India).
8
The Code of Civil Procedure, 1908, (Act No. 5 of 1908).
 • The Indian Evidence Act, 18729: This statute sets out the rules of evidence that are to
be followed in civil and criminal proceedings.
• The Central Civil Services (Classification, Control, and Appeal) Rules, 196510: These
rules regulate the conduct and discipline of civil servants in the central government.
• The Central Vigilance Commission Act, 2003: This Act establishes the Central
Vigilance Commission, which is responsible for promoting integrity and transparency
in public life and preventing corruption.

Overall, the sources of administrative law in India are varied and complex, reflecting the
diverse legal and constitutional framework of the country. These sources provide the basis for
the functioning of administrative bodies and ensure that they act in a fair, transparent, and
accountable manner.

III. Types of Administrative Actions

Administrative action is a broad term that encompasses a wide range of activities undertaken
by administrative bodies in the performance of their functions.11 These actions can be broadly
categorized into four types: quasi-judicial action, quasi-legislative action, administrative
action with judicial characteristics, and administrative action with legislative characteristics.
In this section, we will explore each of these types of administrative actions in detail.

Quasi-Judicial Action:

Quasi-judicial action refers to administrative actions that are akin to judicial proceedings.
These actions involve the exercise of adjudicatory functions by administrative bodies and
typically involve the determination of legal rights and obligations. Examples of quasi-judicial
actions include the granting or revocation of licenses, permits, and authorizations, the
imposition of fines and penalties, and the determination of disputes between parties.

Quasi-judicial actions are characterized by several key features. First, they require the
application of legal principles and the consideration of evidence. Second, they involve the
exercise of discretion by administrative bodies in the application of the law to the facts of a

9
Indian Evidence Act, 1872, Act No. 1, 1872.
10
The Central Civil Services (Classification, Control, and Appeal) Rules, 1965, available at
https://dopt.gov.in/sites/default/files/CCS%20CCA%20Rules_0.pdf
11
P. Ishwara Bhat, Administrative Law (LexisNexis, 5th ed. 2021)
particular case. Finally, they are subject to review by higher courts or tribunals on questions
of law and fact.

Quasi-Legislative Action12:

Quasi-legislative action refers to administrative actions that are akin to the legislative process.
These actions involve the promulgation of rules, regulations, and policies by administrative
bodies that have the force and effect of law. Examples of quasi-legislative actions include the
adoption of environmental standards, health and safety regulations, and building codes.

Quasi-legislative actions are characterized by several key features. First, they are typically
based on the exercise of delegated legislative power by administrative bodies. Second, they
involve the consideration of public policy objectives and the balancing of competing interests.
Finally, they are subject to review by the courts on questions of ultra vires or procedural
irregularities.

Administrative Action with Judicial Characteristics:

Administrative action with judicial characteristics refers to administrative actions that share
some characteristics with both quasi-judicial and quasi-legislative actions. These actions
involve the application of legal principles and the exercise of discretion by administrative
bodies in the performance of their functions. However, they are not strictly adjudicatory in
nature, nor do they involve the promulgation of rules or regulations.

Examples of administrative actions with judicial characteristics include the issuance of

binding guidance or policy statements, the establishment of precedent or best practices, and
the interpretation of legal standards. These actions are characterized by a focus on the
application of legal principles to specific factual situations and the exercise of discretion by
administrative bodies in the interpretation of those principles.

Administrative Action with Legislative Characteristics:

Administrative action with legislative characteristics refers to administrative actions that

involve the exercise of delegated legislative power by administrative bodies. These actions

12
M.P. Jain, S.N. Jain, and S.N. Shukla, Administrative Law 214 LexisNexis (8th edn. 2019)
involve the promulgation of rules, regulations, and policies that have the force and effect of
law. However, unlike quasi-legislative actions, administrative actions with legislative
characteristics do not involve the consideration of public policy objectives or the balancing of
competing interests.

Examples of administrative actions with legislative characteristics include the adoption of

technical standards, the establishment of licensing requirements, and the imposition of
administrative fees or charges. These actions are characterized by a focus on the regulation of
specific industries or sectors and the exercise of delegated legislative power by administrative
bodies.

IV. Principles Governing Administrative Action

The exercise of administrative power by government bodies can have a significant impact on
the rights and interests of individuals and organizations. To ensure that administrative actions
are fair, transparent, and accountable, a number of principles have been developed to govern
administrative action. In this section, we will explore four of these principles in detail: natural
justice, reasoned decision making, procedural fairness, and the rule of law.

Natural Justice13:

The principle of natural justice requires that administrative bodies act fairly and impartially
in the exercise of their functions. This principle encompasses two key principles: the rule
against bias and the duty to afford a fair hearing.

The rule against bias requires that administrative bodies be impartial and unbiased in their
decision making. This means that decision makers must not have a personal interest in the
outcome of a case, and they must not have any preconceived notions or biases that may
influence their decision.

The duty to afford a fair hearing requires that parties affected by an administrative decision
be given the opportunity to be heard before a decision is made. This means that parties must
be given notice of the issues involved, the opportunity to present evidence and argument, and
the right to challenge evidence presented by the other party.

13
Ibid.
Reasoned Decision Making:

The principle of reasoned decision making requires that administrative decisions be based on
sound reasoning and evidence. This means that administrative bodies must provide a clear
and concise explanation of the reasons for their decisions, including the evidence and legal
principles that were considered.

The requirement of reasoned decision making is essential to ensure that administrative

decisions are transparent and accountable. It allows parties affected by an administrative
decision to understand the reasons for the decision and to challenge the decision if they believe
it is flawed.

Procedural Fairness14:

The principle of procedural fairness requires that administrative bodies follow fair and
transparent procedures in the exercise of their functions. This means that procedures must be
designed to ensure that parties affected by an administrative decision have a meaningful
opportunity to participate in the decision-making process.

Procedural fairness requires that parties be given notice of the issues involved, the opportunity
to present evidence and argument, and the right to challenge evidence presented by the other
party. It also requires that administrative bodies provide parties with access to relevant
information and that they consider all relevant factors before making a decision.

Rule of Law15:

The principle of the rule of law requires that administrative bodies act within the bounds of
their authority and in accordance with the law. This means that administrative bodies must
follow the procedures and principles set out in the law and must respect the rights and interests
of parties affected by their decisions.

14
"Procedural Fairness Definition" (2021), Law Insider, available at:
https://www.lawinsider.com/dictionary/procedural-fairness. (Last Visited: May 9, 2023)
15
Tom Bingham, "Rule of Law", Oxford University Press, (1st edn. 2010)
The rule of law is essential to ensure that administrative bodies act within the limits of their
authority and that they do not abuse their power. It provides a framework for ensuring that
administrative actions are lawful, transparent, and accountable.

V. Judicial Control over Administrative Action 16

The exercise of administrative power is subject to judicial scrutiny to ensure that it is in

conformity with the law and the principles of natural justice. The judiciary has the power to
review administrative actions and to declare them invalid if they are found to be illegal,
irrational, or in breach of constitutional rights. In this section, we will explore three key
aspects of judicial control over administrative action: judicial review, writ jurisdiction, and
grounds for challenging administrative action.

Judicial Review17:

Judicial review is a process by which the courts examine the legality and validity of
administrative actions. It is a key component of the separation of powers doctrine and serves
as a check on the exercise of executive power. Judicial review ensures that administrative
bodies act within the limits of their authority and that their decisions are consistent with the
law and the principles of natural justice.

The scope of judicial review includes not only the legality of the decision but also the process
by which it was made. In other words, the courts may examine not only the decision itself but
also the procedures followed by the administrative body in arriving at that decision. The courts
may also consider whether the decision was reasonable and rational in the circumstances.

Writ Jurisdiction:

Writ jurisdiction is a special power of the High Courts and the Supreme Court to issue writs
for the enforcement of fundamental rights and for the correction of illegal or unconstitutional
actions by the government or its agencies. Writs are a means of enforcing the rule of law and
ensuring that public officials act within the limits of their authority.

16
I.P. Massey, Administrative Law, 425 Eastern Book Company (7th edn. 2018).
17
Ajoy P.B, "Administrative Action and the Doctrine of Proportionality in India" 1 Journal of
Humanities and Social Science 17 (2012)
The writs that may be issued include habeas corpus, mandamus, prohibition, certiorari, and
quo warranto. These writs are intended to provide speedy and effective remedies for violations
of fundamental rights and for illegal or unconstitutional actions by public officials.

Grounds for Challenging Administrative Action18:

The grounds for challenging administrative action are based on the principles of natural justice
and the rule of law. The grounds for challenge include illegality, irrationality, and procedural
impropriety.

Illegality refers to actions that are taken outside the scope of the authority conferred by law or
actions that are contrary to the law. This may include actions that are ultra vires, or beyond
the powers of the administrative body, or actions that are in breach of statutory or
constitutional provisions.

Irrationality refers to actions that are so unreasonable that no reasonable person could have
taken them. This may include actions that are based on irrelevant considerations or that fail to
take into account relevant considerations.

Procedural impropriety refers to actions that are taken in breach of the principles of natural
justice or other procedural requirements. This may include actions that are taken without
affording a fair hearing to affected parties or that fail to follow the procedures set out in the
law.

VI. Ombudsman and Administrative Action

The ombudsman is an independent and impartial officer who is appointed to investigate

complaints against the government or its agencies. The ombudsman serves as a watchdog over
administrative action and ensures that public officials act within the limits of their authority
and in accordance with the principles of natural justice.

Role of Ombudsman in monitoring administrative action19:

18
S.P. Sathe, Judicial Review of Administrative Action, LexisNexis (6th edn. 2019).
19
"The Role of Ombudsman Institutions in Promoting Good Governance and Human Rights", United
Nations Human Rights Office of the High Commissioner (2004).
The role of the ombudsman in monitoring administrative action is to investigate complaints
against public officials and to recommend remedial action where necessary. The ombudsman
has the power to receive complaints, to conduct investigations, and to make recommendations
for the resolution of disputes. The ombudsman may also make recommendations for changes
to administrative policies or procedures where they are found to be inadequate or in need of
reform.

The ombudsman serves as an important check on the exercise of executive power and provides
a mechanism for holding public officials accountable for their actions. By providing an
independent and impartial forum for the resolution of disputes, the ombudsman helps to
promote the principles of natural justice and the rule of law.

Types of Ombudsman in India:

There are several types of ombudsmen in India, including:

a. Lokpal: The Lokpal is an independent statutory body that is responsible for investigating
complaints of corruption against public officials. The Lokpal has the power to initiate
investigations, to conduct inquiries, and to prosecute offenders where necessary.

b. Lokayukta: The Lokayukta is a state-level ombudsman that is responsible for investigating

complaints against public officials at the state level. The Lokayukta has the power to
investigate complaints of corruption, maladministration, and abuse of power.

c. National Human Rights Commission (NHRC)20: The NHRC is an independent statutory

body that is responsible for investigating complaints of human rights violations by public
officials. The NHRC has the power to receive complaints, to conduct investigations, and to
recommend remedial action where necessary.

Important Case laws related to Administrative Actions

In the case of Sat Pal Singh v. Union of India and Ors.21, the petitioner, a Lance Naik in the
Border Security Force, was dismissed from service due to his failure to report to his unit after
falling sick and being involved in an accident. The petitioner appealed the dismissal, but it
was dismissed. The petitioner filed a writ petition under Article 226 of the Constitution of

20
National Human Rights Commission (NHRC), India. (n.d.). available at: https://nhrc.nic.in/about-
nhrc (Last visited on: May 8, 2023)
21
(1999) 7 SCC 331
India, claiming that the respondents had not followed the proper procedure under BSF Rule
22 and Section 11(4) of the Border Security Force Act.

The court held that the authorities had not properly exercised their powers under Rule 22 and
had not properly applied their minds to the matter, and ordered the respondents to start fresh
departmental proceedings if they wished to take further action against the petitioner. The court
allowed the writ petition filed by the petitioner.

The case of A.K Kraipak v. Union of India22 involves an advertisement for a government post
of chief conservative of forest. During the interview process, the acting chief conservative
officer was also present in the panel, which raised concerns of biasness. A candidate named
A.K Kraipak filed a case stating that the selections were violative of Article 14 and 16 of the
Indian Constitution and the principles of natural justice. The court found that the selections
made by the selection committee were indeed in violation of the principles of natural justice
and set aside the selections. The Union and State Governments were directed to pay the costs
of the petitioners.

In the case of Star Enterprises v. City and Industrial Development Corpn. of Maharashtra
Ltd.23, a three-judge bench of the court stated that in modern times, the scope of judicial review
of administrative action has become broad and is expanding day by day. The state must
provide justifications for its actions in various fields of public law. Therefore, it is necessary
to provide reasons for executive actions, including the rejection of the highest offer. The court
held that the disclosure of reasons in cases of rejection of the highest offer allows for an
objective review by higher administrative authorities and judicial processes. Thus, unless
there are clear justifications for not doing so, the reasons for rejection should be
communicated.

VII. Conclusion

Administrative action refers to the exercise of executive power by public officials in the
administration of government. The sources of administrative law in India include the
Constitution of India, the Administrative Tribunals Act, 1985, the Right to Information Act,
2005, and other relevant Acts and Rules. There are various types of administrative actions,
including quasi-judicial, quasi-legislative, administrative action with judicial characteristics,

22
AIR 1970 SC 150
23
(1990) 1 SCC 520
and administrative action with legislative characteristics. The principles governing
administrative action include natural justice, reasoned decision making, procedural fairness,
and the rule of law. Judicial control over administrative action is exercised through judicial
review and writ jurisdiction, and grounds for challenging administrative action include
illegality, irrationality, and procedural impropriety. The ombudsman plays a crucial role in
monitoring administrative action and ensuring that public officials act within the limits of
their authority and in accordance with the principles of natural justice.

Significance of Administrative Action in a democratic society:

Administrative action is an essential component of democratic governance, as it allows the

government to fulfill its functions and responsibilities in an efficient and effective manner.
However, administrative action must be conducted in a manner that is transparent,
accountable, and subject to the rule of law. Administrative law provides a framework for
ensuring that administrative action is lawful, rational, and fair. By promoting the principles of
natural justice, procedural fairness, and reasoned decision making, administrative law helps
to prevent abuses of power and protect the rights and interests of citizens.

Recommendations for strengthening Administrative Law in India:

To strengthen administrative law in India, several measures can be taken, including:

• Increasing transparency and accountability in administrative decision making

processes.
• Ensuring that public officials are trained in the principles of natural justice and
procedural fairness.
• Establishing independent oversight mechanisms, such as ombudsmen and
administrative tribunals, to monitor administrative action and hold public officials
accountable.
• Simplifying administrative procedures and reducing bureaucratic red tape.
• Enhancing the role of the judiciary in monitoring administrative action and providing
effective remedies for citizens.
In conclusion, administrative action is a crucial aspect of democratic governance, and
administrative law provides a framework for ensuring that such action is lawful, rational, and
fair. By promoting the principles of natural justice, procedural fairness, and reasoned decision
making, administrative law helps to prevent abuses of power and protect the rights and
interests of citizens. Strengthening administrative law in India requires a multifaceted
approach that involves increasing transparency and accountability, improving training for
public officials, establishing independent oversight mechanisms, simplifying administrative
procedures, and enhancing the role of the judiciary in monitoring administrative action.
 Bibliography:

• Justice Syed Shah Mohammed Quadri, Judicial Review of Administrative Action, 1

EBC India(2001)
• Constitution of India
• Administrative Tribunals Act, 1985, Act No. 13 of 1985, India Code,
http://indiacode.nic.in/handle/123456789/1265 (last visited May 8, 2023).
• The Right to Information Act, 2005.
• The Code of Civil Procedure, 1908.
• Indian Evidence Act, 1872, Act No. 1, 1872.
• The Central Civil Services (Classification, Control, and Appeal) Rules, 1965,
available at https://dopt.gov.in/sites/default/files/CCS%20CCA%20Rules_0.pdf
• P. Ishwara Bhat, Administrative Law (LexisNexis, 5th ed. 2021)
• M.P. Jain, S.N. Jain, and S.N. Shukla, Administrative Law 214 LexisNexis (8th edn.
2019)
• "Procedural Fairness Definition" (2021), Law Insider, available at:
https://www.lawinsider.com/dictionary/procedural-fairness. (Last Visited: May 9,
2023)
• Tom Bingham, "Rule of Law", Oxford University Press, (1st edn. 2010)
• I.P. Massey, Administrative Law, 425 Eastern Book Company (7th edn. 2018).
• Ajoy P.B, "Administrative Action and the Doctrine of Proportionality in India" 1
Journal of Humanities and Social Science 17 (2012)
• S.P. Sathe, Judicial Review of Administrative Action, LexisNexis (6th edn. 2019).
• "The Role of Ombudsman Institutions in Promoting Good Governance and Human
Rights", United Nations Human Rights Office of the High Commissioner (2004).
• National Human Rights Commission (NHRC), India. (n.d.). available at:
https://nhrc.nic.in/about-nhrc (Last visited on: May 8, 2023)

Case laws:

• Sat Pal Singh v. Union of India and Ors (1999) 7 SCC 331
• A.K Kraipak v. Union of India AIR 1970 SC 150
• Star Enterprises v. City and Industrial Development Corpn. of Maharashtra Ltd.
(1990) 1 SCC 520