Administrative Action- Meaning,

Classification And Control

MEANING OF ADMINISTRATIVE ACTION

Administrative action is the action which is neither legislative nor judicial in nature but
only concerned with the analysis and treatment of a particular situation and is devoid of
generality. It has no procedure of collecting evidence and weighing arguments but only
based upon subjective satisfaction where decision is based on policy and expediency. It
does not decide a right or wrong , neither it ignores the principles of natural justice
completely though it may affect a right. Unless the statute provides otherwise, a
minimum of the principles of natural justice must always be observed depending on the
fact situation of each case.

Administrative action may be statutory, having the force of law, or non statutory, devoid
of such legal force. The bulk of the administrative action is statutory because a statute
or the Constitution gives it a legal force but in some cases it may be non-statutory, such
as issuing directions to subordinates not having the force of law, but its violation may be
visited with disciplinary action. Though by and large administrative action is
discretionary and is based on subjective satisfaction, however, the administrative
authority must act fairly, impartially and reasonable.

Administrative Law is a branch of Public Law which deals with the relationship of the
individual with the administrative authorities. Administrative law deals with the
organization and powers of Administrative and Quasi-Administrative agencies.
Administrative law was even earlier considered and studied as a part of constitutional
law. Now it is accepted that administrative law has come into existence for the Welfare
of common man and it also does not violate the other constitutional principles.

Definition of Administrative Law -

Administrative Law is growing subject so it shall not be fair to define it at this stage. It is
also difficult to define scientifically, There is no precise and perfect definition of
Administrative law. many Jurists have made attempt to define administrative law but
none of these definitions completely give exact nature, scope, and contents of
Administrative law. Definitions of Administrative law may also change with the changing
Times.

K.C Devis –
According to K.C Devis, "Administrative law is the law concerning the powers and
procedure of Administrative Agencies, including especially the law government Judicial
review of Administrative action." (This definition gives emphasis on the procedure
followed by the administrative agencies in the exercising their powers but it does not
include the substantive laws enacted by these agencies. )

Ivor Jenning

According to Ivor Jenning, "administrative law is the law relating to administration. Help
determines the organization, powers, and duties of Administrative authorities.

F.J Port –

According to F.J Port "Administrative law is made up of all legal rules either formally
expressed statutes or implied in the prerogatives, which have as their ultimate object
the fulfillment of public law. It touches the first legislature, in that the formally expressed
rules are usually laid down by the body, it touches judicially, in that

(a) there are rules which govern the judicial action that may be brought by or against
the administrative person

(b) administrative bodies are sometimes permitted to exercise judicial powers

(c) it is of course essentially concerned with the practical application of the law.

Garner -

According to Garner, "administrative law may be described as those rules which are
recognized by the court as law and which relate to regulate the administration of
government".
Administrative Law deals with the following matters -

who are administrative authorities?

What powers are exercised by those authorities

what limits should be exercised while using powers

procedure to be followed while using the powers

what are the remedies available if their rights are affected/violated

Main functions of Administrative law -

1) to regulate the relation between the organised powers and the common man

2) to study the statutory bodies which translates the public policy of the government

3) to determine the working relationship between administrative Agencies for example

between minister and local authority

4) to control and regulated ministry to discretion

5) to ensure transparency and openness in the administration;

6) to provide an effective redressal system for citizens grievance

CLASSIFICATION
Administrative action is classified broadly into three main organs of the government
namely-

 Legislative
 Executive
 Judiciary
In Jayantilal Amritlal Shodhan V. F.N Rana and Ors
Generally an administrative action can be further bifurcated into 3 parts-

 Quasi-legislative action or Rule making: It includes the rule making power and
delegated legislation. Under this organ the administration performs the function
of legislation in such situations where it is not possible for any legislation to
legislate laws for the kind of conflicts arising.
 Quasi-Judicial action or Rule decision action: It includes such conditions under
which the administration puts on the hat of the judiciary and confers the special
power of taking decisions in cases where legal rights of individual are effected.
 Purely administrative action or Rule application action: This includes the actions
which are neither legislative nor judiciary but purely administrative in nature.
In Article 14 and 21 of the constitution of India, the concept of natural justice is defined
in case of consequences suffered in administrative action.

1. Nemo in propria causa judex, esse debet – no one should be made a judge in his own
cause, or the rule against bias.

2. Audi alteram partem – no one should be condemned unheard.

In case of A.K. Kraipak v. Union of India, the Court held that in order to determine
whether the action of the administrative authority is quasi-judicial or administrative in
nature, one has to see the power conferred, to whom power is given, the framework
within which power is conferred and the consequences.

CONTROL OF ADMINISTRATIVE ACTION

Administrative actions are controlled by courts in certain circumstances by
issuing different writs and thus plays an important role in judicial control of
administrative actions in India. Article 32(2) states the power of the Supreme court to
issue writs in nature of-

WRIT OF HABEAS CORPUS

The expression “Habeas Corpus” in Latin means ‘to have the body’. Under this writ, if a
person is unlawfully detained, his friends or relatives or any person or any person on
behalf of the prisoner or the prisoner himself can file an application in court under
Article 226 in High Court or under Article 32 in Supreme Court .

Even a letter to the judge mentioning illegalities committed on prisoners in jail can be
admitted. If he Court will be satisfied with the contents of the application ,it will issues
the writ and will produce an order calling upon the person who has detained another to
produce the same before the Court, to let know the grounds of confinement and set the
peron free if there is no legal justification and will award exemplary damages.

In the case of Bhim Singh v State of Jammu& Kashmir, AIR 1986 SC 494, the Hon’ble
Court awarded the exemplary damages of Rs.50,000 for the wrongful confinement.

Sunil Batra v Delhi Administration, AIR 1980 SC 1579, is another landmark

judgement ,in which a convict wrote a letter to one of the Judges of the Supreme Court
alleging inhuman torture and illegalities on a fellow convict.

WRIT OF MANDAMUS

The expression ‘Mandamus’ in Latin means “We Command”. Mandamus is a Judicial

order strictly following the rule of rule of Locus Standi . It is issued in the form of a
command to any Constitutional, Statutory or Non-Statutory authority asking to carry
out a public duty imposed by law or to refrain from doing a particular act, which the
authority is not entitled to do under the law. It is an important writ to check arbitrariness
of an administrative action. It is also called ‘Writ of Justice’.

WRIT OF PROHIBITION

The expression ‘prohibition’ literally means ‘to prohibit’. It is a judicial order issued by
the Supreme Court or a High Court to an inferior Court or quasi-judicial body which
forbids the inferior courts to continue proceedings and keep themselves within the
limits of their jurisdiction. The writ of prohibition can be issued on the following
grounds:

(i) Absence or Excess of jurisdiction;

(ii) Violation of the principles of natural justice;

(iii) Unconstitutionality of a Statute;

(iv) Infraction of Fundamental Rights

WRIT OF CERTORI

The expression “certiorari” in Latin word means “to certify”. This writ is a judicial order
which confers power on the Supreme Court under Article 32 and High Courts under
Article 226 of the Constitution to correct illegality of their decisions or otherwise quash
it.
The grounds on which the writ of certiorari may be issued are:

(a) Error of Jurisdiction- Lack of jurisdiction or Excess of jurisdiction

(b) Abuse of jurisdiction

(c) Error of law apparent on the face of the record

(d) Violation of principles of natural justice