Who are "administrative authorities" ~ A judicial interpretation

Submitted By: Guided by: Dr. Amruta Das

Suman Jena (2361811024)
Pragyan Paramita (2361811049)
Payel Atta (2361811043)
Sai Ujwal Mohanty (2361811065)
Sarita Mishra (2361811079)
Administrative Authority

• Administrative authority comes under the administrative law, which is the

legal framework within which public administration is carried out. It derives
from the need to create and develop a system of public administration under
law, a concept that may be compared with the much older notion of justice
under law.
• In India, administrative authorities, according to judicial interpretation, refer to
government bodies or officials responsible for implementing laws and policies
• These authorities include various departments, agencies, and officers at
different levels of government.
• These authorities operate at different levels of government, including central,
state, and local levels.
Administrative Authorities in India
Central Government
Departments:
Various ministries and departments at the
central level, such as the Ministry of
Finance, Ministry of Home Affairs, and
Ministry of Health and Family
Welfare..ETC
Regulatory Authorities:
Bodies like the Securities and
Exchange Board of India (SEBI),
Reserve Bank of India (RBI), and
Telecom Regulatory Authority of
India (TRAI) are administrative
authorities with regulatory
functions in specific sectors.
State Government Departments:
Similar to central government
departments, state government
departments handle administrative
functions within their respective
states. Examples include the
Department of Education, Department
of Agriculture, etc.
Public Sector Undertakings
(PSUs):
Government-owned corporations
and companies, such as Indian Oil
Corporation, Bharat Heavy
Electricals Limited (BHEL), are
administrative authorities
operating in various industries.
Local Authorities:
Municipalities, panchayats, and other local
bodies are administrative authorities at the
grassroots level. They are responsible for
local governance and implementing policies
at the community level.
Commissions:
Various commissions, such as the National
Human Rights Commission (NHRC),
National Commission for Women (NCW),
and State Human Rights Commissions, are
administrative bodies tasked with specific
roles related to human rights, gender
equality, and other issues.
 Administrative Authorities under the Indian
Constitution

The Constitution of India does not explicitly use the term “administrative authorities,” but it
provides for various provisions related to administrative functions and authorities. The
powers and functions of administrative authorities are typically derived from different
articles in the Constitution.
Here are some key provisions :
• Article 73 and Article 162: These articles delineate the executive powers of the Union and the
States, respectively. While Article 73 empowers the President to exercise executive authority in
matters where both Parliament and the State Legislatures have legislative competence, Article 162
grants executive powers to the Governor in relation to the state.
• Article 53: This article outlines the executive power of the President of India and states that the executive
power shall be vested in the President and shall be exercised by him either directly or through officers
subordinate to him.

• Article 154: It provides for the executive power of the State and vests it in the Governor. The Governor
exercises these powers either directly or through officers subordinate to him in accordance with the
Constitution.

• Article 311: This article deals with the dismissal, removal, or reduction in rank of civil servants and
provides certain safeguards to government officials.

• Article 312: This article allows for the creation of All India Services (such as the Indian Administrative
Service and Indian Police Service), which serve both the Union and the States.

• Article 356: In cases of failure of constitutional machinery in states, the President can use this article to
assume executive powers through a proclamation of President’s Rule.

• Article 360: This article allows the President to issue a proclamation of financial emergency, granting the
executive the power to regulate the financial matters of the state.
Article 12 in Constitution of India

Definition:
In this part, unless the context otherwise requires, "the State" includes the
Government and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within
the territory of India or under the control of the Government of India.

‘STATE’
1. Government and Parliament of India
2. Government and State Legislature.
3. Local Authority
4. Other Authority
 Other Authorities

1. University of Madras V. Shantabai AIR1954MAD67

2. Ujjambai V. State of Uttar Pradesh 1976 AIR 2037,
3. Electricity Board, Rajastham V. Mohan Lal A.I.R 1967 S.C. 25.
4. R. D. Shetty V. The International Airport Authority of India 1979 AIR 1628
5. Som Prakash V. Union of India AIR 1981 SC 212
OMBUDSMAN
• The ombudsman is a part of the system of administrative law for scrutinizing the work of the executive.
• He is the appointee not of the executive but of the legislature.
• The ombudsman enjoys a large measure of independence and personal responsibility and is primarily a guardian of correct behaviour.
• His function is to safeguard the interests of citizens by ensuring administration according to law, discovering instances of
maladministration, and eliminating defects in administration.
• Methods of enforcement include bringing pressure to bear on the responsible authority, publicizing a refusal to rectify injustice or a
defective administrative practice, bringing the matter to the attention of the legislature, and instigating a criminal prosecution or
disciplinary action.

Ombudsman in India
• The functions of the ombudsman which were successful in the other countries inspired the established of Lokpal and Lokayuktas in India also. Lokpal
is the Indian Ombudsman and Lokayuktas is the State Ombudsman.
• In 1962, M.C. Setalvad suggested the idea of establishing an Ombudsman at the All India Lawyers Conference.
• The Administrative Reforms Committee made a proposal to the Government in 1968. In 1971, the bill was again introduced, however to end up in
failure.
 HOW JUDICIARY DEFINES “ADMINISTRATIVE
AUTHORITY”

1. B. P. Singhal v. Union of India (2010) 6 SCC 331

Administrative Authority and its scope under Art.311 of the Indian Constitution

2. Som Raj and Others v. State of Haryana (2009) 16 SCC 167

Interpretation of the term “Administrative Authority”

3. A.K. Kraipak v. Union of India

Who all can be considered under the purview of “Administrative Authority”
 JUDICIal classification of “ADMINISTRATIVE
AUTHORITY”

1. Executive Agencies 5. Quasi-Judicial Bodies

State of West Bengal v. Anwar Ali Sarkar (1952 SCR 284) State of Madras v. C. P. Sarathy (AIR 1953 SC 53)

2. Regulatory Agencies 6. Advisory Bodies

Union of India v. Cynamide India Ltd. (AIR 1987 SC 1806) Subhash Kumar v. State of Bihar (AIR 1991 SC 420)

7. Local Administrative Authorities

3. Independent Agencies
Municipal Corporation of Delhi v. Association of Victims of
S. R. Bommai v. Union of India (1994 3 SCC 1)
Uphaar Tragedy (2011) 14 SCC 481
4. Tribunals and Boards
8. Law Enforcement Agencies
L. Chandra Kumar v. Union of India (1997 3 SCC 261)
D. K. Basu v. State of West Bengal (AIR 1997 SC 610)
THANK
YOU