Administrative law

2. Term Administration
 In administrative law, the term Administration is used in its broadest
possible sense and covers within its reach.
 1. All executive actions, its programs and policies
 2. All administrative aspects of parliament and judiciary
 3. All actions of state like actors (agency and instrumentality of state)
 4. All actions of non-state actors (private entities) exercising public
functions.

3. Definition of Administrative Law
 Many jurists have made attempts to define it, but none of the definitions
has completely demarcated the nature, scope and content of
administrative law.
 Some narrow , some broad

4. A.V. Dicey
 Dicey defined Administrative Law as
a. Firstly, portion of a nation’s legal system which determines the legal status and
liabilities of all state officials,
b. Secondly, defines the rights and liabilities of private individuals in their dealings
with public officials
c. Thirdly, specifies the procedure by which those rights and liabilities are enforced.

5.  Criticism
 This definition is narrow and restrictive in so far as it leaves out of consideration many aspects
of Administrative Law,
 it excludes many administrative authorities which, strictly speaking, are not officials of the state such
as public corporations;
 it also excludes procedures of administrative authorities, or their various powers and functions, or
their control by Parliament or in other ways.
 Dicey’s formulation refers primarily to one aspect of Administrative Law, i.e. , judicial control of
public officials.

6. Sir Ivor Jennings
 "Administrative law is the law relating to the Administration. It determines the
organisation, powers and duties of administrative authorities."
 This is the most commonly accepted view.
 criticisms have been levied against Jennings’ definition by Griffith and Street, leading exponents
of Administrative Law in England.
 First, the Jennings’ definition does not attempt to distinguish
Constitutional Law from Administrative Law, as the former "in its usual meaning has a great deal to
say concerning the organisation of administrative authorities."
 In another sense also, "this is a very wide definition, for the law which determines the powers of
these authorities must include, for example, the provisions of Acts relating to public health,
housing, town and country planning, the National Coal Board and the personal health services.
Indeed, almost every statute affects to some extent the powers and duties
of administrative authorities."

7.  Wade and Phillips define Administrative Law much on similar
lines: "Administrative law is a branch of public law which is
concerned with the composition, powers, duties, rights and
liabilities of the various organs of government which are
engaged in administration".

8.  Griffith and Street, According to Griffith and Street, the main object of
administrative law is the operation and control of administrative
authorities. It must deal with three aspects
 1. What sort of power does the administration exercise?
 2. What are the limits of those powers?
 3. what are the ways in which the administration is contained within
those Limits?

9. Jain and Jain Administrative law
 According to Jain and Jain Administrative law deals with the structure,
powers and functions of the organs of administration, the limits of their powers,
the methods and procedures followed by them in exercising their powers and
functions, the methods 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.
 Firstly, it deals with composition and the powers of administrative authorities
 Secondly, it fixes the limits of the powers of those authorities.
 Thirdly, it prescribes the procedure to be followed by these authorities in
exercising such powers
 Fourthly, it controls these administrative authorities through judicial and other
means

10. Overall Conclusion/ Four Aspects of
Administration LAw
 Administrative Law deals with the structure, powers and functions of the organs of administration; the
limits of their powers; the methods and procedures followed by them in exercising their powers and
functions; the methods by which their powers are controlled including the legal remedies available to a
person against them when his rights are infringed by their operation.
 The first limb deals with the composition and powers of the organs of administration.
 The second limb refers to the limits on the powers of administrative authorities. Just as the
Administration needs powers to reach the goals of the modern state, so must the powers be subject to
some limitations to develop a balanced administrative system.
 he third limb refers to the procedures used in exercising those powers. The study
of Administrative Law of today seeks to emphasize not only the extraneous control but also the internal
processes and procedures which the administrative authorities themselves follow in the exercise of their
powers. Evolving of fair procedures is a way of minimising the abuse of vast discretionary powers
conferred on the Administration.
 The fourth limb refers to the control of the administration through judicial and other means. Under this
head would fall judicial as well as extra-judicial means of controlling the administration, e.g. , tribunals,
ombudsman, etc

11. Objective of Administration Law
 To keep the power of the Government within their legal bounds so as to
protect the citizen against their abuse.

12. Reasons for Growth of Administrative Law
 There is a radical change in the philosophy as to the role played by the
State: policy of maintaining 'law and order' and of 'laissez faire’ changed to the
concept of welfare state.
 Demand of the People: there arose a need for increase in providing housing,
roads, parks, effective drainage system etc. Legislations were enacted to provide
all these basic facilities and accordingly administrative authorities were required
to make rules and regulations, frame schemes for effective infrastructure and
facilities which ultimately lead to the growth of administrative law.
 To meet Emergency Situations – Enacting legislations, getting assent from
the President is all a lengthy process, whereas it is very easy and quick to frame
schemes and rules to meet any exigency that arise in a locality.

13.  judicial system proved inadequate: Industrial Tribunals and Labour
Courts were established, which possessed the techniques and expertise to
handle these complex problems.
 legislative process was also inadequate
 scope for experiments in administrative process. Here, unlike
legislation, it is not necessary to continue a rule until commencement of
the next session of the legislature. Here a rule can be made, tried for some
time and if it is found defective, it can be altered or modified within a
short period

14.  administrative authorities can avoid technicalities. Administrative law
represents functional rather than a theoretical and legalistic approach. The
traditional judiciary is conservative, rigid and technical. It is not possible for the
courts to decide the cases without formality and technicality. The
Administrative Tribunals are not bound by the rules of evidence and procedure
and they can take a practical view of the matter to decide complex problems.
 Administrative authorities can take preventive measures: e.g. licensing,
rate fixing, etc. Unlike regular courts of law, they need not wait for parties to
come before them with disputes. In many cases, these preventive actions may
prove to be more effective and useful than punishing a person after committing
of a breach of any provision of law or law

16. 1. Law in Realist Sense: Administrative law is a law, but it is not a law in
the lawyer’s sense of the term like property law or contract law. It is
not in the realist sense of the term which includes statute law,
administrative rulemaking, precedents, customs, administrative
directions, etc. It also includes the study of something which may
not be termed law in the true sense of the term such as
administrative circulars, policy statements, memorandum and
resolutions, etc. Besides this, it includes within its study higher law as
well, like the principles of natural justice.
2. Administrative law is a branch of public law in contradiction to
private law.

17.  Measures of Administrative Law
 1. Checking abuse of administrative power
 2. Ensuring citizens an impartial determination of their disputes by
officials
 3. Protecting citizens from an unauthorized encroachment on their rights
and interest
 4. Making those who exercise public power accountable to the people

18.  Administrative law includes the study of the existing principles and
also of the development of certain new principles which
administrative and quasi administrative agencies must follow while
exercising their powers in relation to individuals that is the principles of
natural justice, reasonableness and fairness.

19.  Thus, so far as the province of administrative agencies is concerned , it
embraces:-
a. The existence of various administrative bodies such as wage board, central
board of revenue, commission of enquiry and advisory boards, tariff
commissions, etc. their organizations and powers.
b. Rule making power of administrative agencies i.e. delegated legislation,
safeguard against abuse of power by judicial control.
c. Judicial function of administrative agencies like administrative tribunal.
d. Remedies- writs, injunctions etc.
e. Procedural guarantees i.e. rule of natural justice
f. Government liability in torts and contracts
g. Public corporations

20. Constitutional Law and Administrative Law
 No Difference between Constitutional
Law and Administrative Law
 Till recently, the subject of administrative law
was dealt with and discussed in the books of
Constitutional law and no separate and
independent treatment was given to it.
 both are concerned with functions of the
Government and both are a part of public law
in the modern State and the sources of both
are the same and they are thus inter-related
and complementary to each other belonging
to one and the same family.
 Strict demarcation, therefore, is not possible,
yet there is a distinction between the two.
 Difference between Constitutional Law
and Administrative Law
 According to Maitland, while Constitutional
law deals with structure and the broader rules
which regulate the functions, the details of the
functions are left to Administrative law.
 According to Holland, “Constitutional law is
concerned with the organization and
functions of Government at rest while
administrative law is concerned with that
organization and those functions in motion.”
 Prof. Jennings- Adm law deals with powers,
functions, powers, duties of administrative
authorities while consti law deals with general
principles relating to organization and various
powers of various organs of the state.

21.  According to English writers, there is no difference between constitutional
law and administrative law.
 As all adm authorities are subjected to are derived from ordinary laws as
contained in the statutes and judicial decisions.

22. Position in India
 India has a written Constitution- Grundnorm , overrides all adm and leg
decisions
 In India, they are considered to be separate.
 While Constitutional law deals with the general principles relating to the
organization and power of the legislature, executive and judiciary and their
functions inter se and towards the citizen.
 Administrative law is that part of Constitutional law which deals in detail
with the powers and functions of the administrative authorities, including civil
services, public departments, local authorities and other statutory bodies.
 Thus, while Constitutional law is concerned with Constitutional status of
ministers and civil servants, administrative law is concerned with the
organization of the service and the proper working of various
departments of the Government.

23. Constitutional
law
Administrative
law

24.  Watershed- Several constitutional provisions eg. Art 32, 226,136, 227, 299
and 300 which defines the judical control over diff kinds of administrative
actions.
 The term “bye law” “rule” “regulation” “notification” having the force of
law –included in Art 13.
 Adm action – void if it violates the FR.

26. Growth of Administrative Law in UK
 In 1885 a British jurist A.V. Dicey rejected the whole concept of Administrative law. Due to
this several legal thinkers suspended the notion of acknowledging the various statutory
powers given to administrative authorities to form a separate branch of law.
 In 1929, Lord Donoughmore Committee recommended for better publication and control of
subordinate legislation. The basic objective was to maintain supremacy of law.
 The legal maxim that the king can do no wrong, was abolished and the scope and extent of
administrative law was expanded by the Crown Proceeding Act, 1947. It allowed initiation
of civil proceedings against the Crown in a similar fashion to any ordinary private citizen.( in
cases of tortious and contractual liability of the state)
 The Tribunals and Inquiries Act, 1958 brought about better control and supervision of
administrative decisions.
 Breen v Amalgamated Engineering Union was the first case wherein the existence of
administrative law in England was recognised.

27. Growth of Adm Law in USA
 Adm law was recognized in America in the 18th century , when the first
federal adm law was incorporated in the statute in 1789, but it grew
rapidly with the passage of inter- state commerce Act, 1877.
 In 1893, Frank Goodnow- Comparative Administrative Law
 1905- Principles of Adm Law in the USA
 1911- Earnest Freund’s case- Administrative Law
 In 1933 a special committee was appointed to determine how judicial control
over administrative agencies could be exercised. Thereafter, the Administrative
Procedure Act, 1946 was passed which provided for judicial control over
administrative actions.

28. Growth of Adm Law in India
 Historical Perspective- Dharma :
 Administrative law in India can be traced back to ancient history times.
 The Maurya and the Gupta dynasties of Ancient India had centralised administrative system.
 Following this, came the Mughals who had somewhat similar administrative system. The kings in the anterior
period of history were mostly concerned majorly about three things-
• Protecting the state from external aggression
• Maintaining law and order and order
• Collecting taxes.
• The fundamental principles of natural justice and fairness were followed by the kings and officers as the
administration could be run on those principles which were accepted as Dharma.
• However, no machinery to enforce the rule of dharma and no effective machinery.

29.  British Rule
 With the arrival of the British in India, there was the advent of modern administrative law.
 Establishment of East India Company increased the government’s powers manifold. Several Acts,
legislatures and statutes were brought by the British Parliament for regulating public safety, health,
morality, transport and labour relations.
 Public safety- Licensing- The Arms Act,1878; The Indian Explosive Act,1884; The Indian Petroleum
Act,1899.
 Public Health- Opium Act, 1878; The Dangerous Drugs Act, 1930; The Epidemic Disesases Act, 1897.
 Public Morality- The cinematography Act,1918
 Labor- Employees and workmen Disputes Act, 1860; the mnes act,1923; the workmen compensation
act,1923.
 Economic Regulations- Companies Act,1850; The companies Act,1913, the cotton transport Act, 1923.
 The exercise of granting licenses began with the State Carriage Act, 1861. The first public corporation
came into existence under the Bombay Port Trust Act, 1879. Delegated legislation was accepted as
legitimate power of the Executive in Northern India Canal and Drainage Act, 1873 and Opium Act, 1878.

30.  During the Second World War, the executive powers increased manifold by
virtue of Defence of India Act. In addition to this, the government issued
many orders and ordinances, covering several matters by way of
Administrative instructions- The Essential Supplies (temporary powers)
Act,1946.

31.  Post independence
 India adopted a welfare state approach, which in turn increased state activities.
 With increase in power and activity of the Government and administrative authorities
increased so did the need for ‘Rule of Law’ and ‘Judicial Review of State actions’.
 The philosophy of a welfare state became specifically embodied in the Constitution
of India.
 In the Constitution itself, provisions were made to secure to all citizens social,
economic and political justice, equality of status and opportunity. The ownership and
control of material resources of the society should be so distributed as best to sub-
serve the common good.
 Many socio- economic regulations
 Socialists pattern of society.

32. Growth of Adm Law in France
 French Administrative law is known as Droit Administratif which means
body of rules which determine the organization, powers and duties of
public administration and regulate the relation of the administration with
the citizen of the country.
 Napolean Bonaparte was the founder- established Conseil d Etat-in 1799
depriving the law courts of their jurisdiction in adm matters0.

33.  Characteristics of Droit Administratif
1.The matters that are associated with the State and administration
oriented litigation are to be decided by the administrative courts and not
by the ordinary courts of the land.
2.While deciding matters concerning litigation as mentioned above, the
rules that are applied in the same are developed from the courts itself.
3.The deciding agency in matters of jurisdiction conflicts between the two
courts, namely the administrative and ordinary, is known as Tribunal des
Conflicts.
4.The Droit Administratif acts as a safeguard for the government officials
from the authority of the ordinary courts.
5.The development of Conseil d’Etat is not a one day plan but the product of
a long going process surrounding the French Revolution. It played the role
of both a consulting and an adjudicating body.