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DISTINCTION BETWEEN ADMINISTRATIVE POWERS

 Administrative power is the power to administer or enforce


a law.  Administrative powers can be executive, legislative,
or judicial in nature.  Administrative power intends to carry
the laws into effect, practical application of laws and
execution of the principles prescribed by the lawmaker.
 In Robertson v. Schein, 305 Ky. 528 (Ky. 1947), it was
observed that the authority to make rules and regulations to
carry out a policy declared by the lawmaker is
administrative and not legislative. 
 In the case of Secretary of Agriculture v. Central Roig
Refining Co., 338 U.S. 604 (U.S. 1950), the power of an
administrative agency to make rules to carry out a policy is
administrative in nature.  The issue of an administrative
body’s authority presents a question of law and not a
question of fact
 Powers and functions of administrative agencies are
interchangeable that means administrative powers
can be executive, legislative, or judicial in nature. 
These agencies are vested with the responsibility to
interpret guidelines consistently in order to avoid
arbitrary and capricious results.  Administrative
agency decisions can be reversed as arbitrary or
capricious if the decisions lack fairness and if it fails
to indicate any course of reasoning and the exercise
of judgment.
Difference between Legislative and
judicial actions
 The duty to act judicially is not sacrosanct in
performance of an Administrative Act. The only
responsibly while discharging an administrative
function is to follow the Principles of Natural
Justice unless the Statute especially prohibits so.
In State of Orissa v. Binapani Dei, (1967) 2 SCR 625,
the Hon’ble Supreme Court categorically stated that an
Administrative Order which involves civil
consequences must be made consistently with
the Principles of Natural Justice.

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