The document discusses the red, green, and amber light theories of administrative law. The red light theory advocates for judicial intervention to curb executive overreach, while the green light theory believes administration should have flexibility. The amber light theory seeks a balance, allowing some control over administrative decisions but also setting standards to facilitate effective governance. Court rulings have found that routine operations should be left to administrators, with judicial review only if actions fall outside legal boundaries.

1.  FACULTY NAME:
 KANHAIYA JHA
 BATCH NAME:
 PUB. AD. OPTIONAL
 SUBJECT:
 PUBLIC ADMINISTRATION
 TOPIC NAME:
 RED –GREEN-AMBER LIGHT THEORY
 DATE OF PRESENTATION:
 19 / 10 / 2023

2. Red, green and amber light theories of administrative law
• The notion of traffic light theories
i.e. red and green light theories in
administrative law was first used
by Harlow and Rawlings in 1948.
• These are now considered to be
one of the ideas of rule of law.
• This theory was presented to
evaluate administrative law to
put an end to the misuse of
authority.

3. • The red light theory is believed to have originated from the laissez-faire political
tradition of the 19th century.
• A major assumption of this theory is that when public bodies or executive
authorities exceed their powers, judicial intervention works as a sanction.
• This is because bureaucratic and executive power of the state and its institutions,
if unchecked, will threaten the liberty of all individuals.
• Thus, judicial control is required in the political framework of a state.
• The red light theorists also believe that the judiciary possesses its own standards
of independence and fairness and can be relied upon, in examining the legality of
executive action.
• Hence, it can be used as an effective mechanism for check and balance in a state
system.
Red light theory

5. • These are the various tenets of this theory:
• Courts are the primary institution for protection of the
citizen and control of the executive.
• The supremacy of law must prevail over politics.
• The administrative authorities must be kept under judicial
control.
• For judicial control, the general system of adjudication is
appropriate. Public law must be oriented towards
strengthening individual liberties.
• The world of law is apolitical, neutral and independent of
the world of government, politics and administration.
• Administrative law should aim to curb or control the state.

6. • Therefore, the red light theory emphasizes on law as an instrument for
the control of power and protection of individual liberty.
• It advocates for an interventionist standpoint by the courts to the
review of administrative decisions.
• As expounded by Dicey, this theory looks to the model of the ‘balanced
constitution’ accommodating the judicial control of executive power as
subject to political control by the Parliament through legislation of strict
rules and to legal control through judicial monitoring by the courts.

7. • Green light theory theory maintains that the use of executive power to provide
services for the benefit of the community is entirely legitimate. Thus, the function
of the courts in checking executive action is a questionable activity. However, it does
not favor unrestricted or arbitrary action of the state. It is an alternative tradition
emanated between the two world wars.
• Green light theory is a counter theory to the red light theory evolved due to multiple
critiques and challenges to the red light theory
• The Green light theory, also perceived as functionalist theory, holds a positive
outlook towards the state.
• It believes that the government is congenial and it cannot be suspected of
committing unlawful actions.
• The green light theory thus emphasizes on how it is important for the administrative
law to facilitate government action rather than intervening in it through judicial or
political control.
• It suggests how law can be used as an enabling mechanism so that it acts as a
weapon to the administrative bodies.
Green light theory

9. • Being driven by the utilitarian theory associated with Jeremy Bentham and John
Stuart Mill, this theory asserts that the greatest good for the greatest number in a
state can be attained by encouraging state contribution with lesser control or
intervention.
• It holds that collective goals of the society can be achieved through the democratic
framework. Hence, this theory does not aim to derogate individual rights or refute
the core values and norms of a democratic society.
• This alludes towards a proposition that the collective (public) goals can be met by
granting wide powers to the Executive and making it independent of judicial
restrictions.

10. • These are the various tenets of this theory:
• Law is merely a matter of political discussion. Thus, law is not superior to
administration or cannot prevail over administration.
• Public administration is not a necessary evil but a good element of the
state.
• Administrative law should not only focus towards prohibiting negative
practices of the government. It should also work on facilitating the
administration and sound administrative practices.
• For encouraging the administration, adjudication based on legal rules is not
the sole appropriate idea.
• There can be other alternatives to courts.

11. • Therefore, the main concern of green light theory is to
reduce the influence of courts over administration
because the courts with their legal values are
considered as a hurdle to administrative progress.
• The green light prefers democratic form of
accountability.
• Based on these assumptions, green light theorists
assent in facilitating the administration through
prevention of any judicial or legal control over executive
actions

12. • Although the two theories cannot exist in isolation and complement each other in
many ways, there are various underlying differences between the two. These
differences have been listed below:
• The red light theorists advocate for an interventionist approach by the court
in relation to the review of administrative decisions while the green light
theorists question the function of courts in checking executive actions.
• The red light theory is suspicious about governmental actions while green
light theory identifies the government as congenial.
• The red light theory relies on the courts primarily for administrative control
whereas green light theory is inclined towards other possible alternatives to
courts.
• The red light theory sees judicial control over administration as a weapon of
sound administration while the green light theory perceives such control as an
intervention or obstacle to the administrative process.
Differences between the red and green light theories

13. • The red light theory considers judicial review as a mechanism of controlling
the administrative actions whereas the green light theory acknowledges the
necessity of judicial review, at times, only to facilitate the administrative
actions.
• The red light theory considers law as superior to politics while the green
light theory holds that law is not superior to politics or administration.
• The red light theory appears politically conservative whereas the green
light theory reflects a politically progressive view.
• For red light theorists, answers to everything lay in courts and the rule of
law while for green light theory, legal profession or law is too old fashioned.

14. • While the red and green light theories hold two different standpoints in
administrative law, the amber light theory tends to bring a point of
consensus between the two.
• The amber light theory maintains that administrative law should apply the
positive elements of both the theories.
• This theory identifies the essence of both “fire-watching” as well as “fire-
fighting.” The administrative law can perform “fire-watching” by setting
good standards of administrative conduct and “fire-fighting” by nullifying
erroneous administrative actions through court pronouncements.
• The amber light theorists believe that there must be a balance between
both external as well as internal controlling mechanisms for effective
public administration.
Amber light theory

17. • The amber element between the two theories has
somewhere been realized by green light theorists too.
• As recognized by Harlow and Rawlings, green light
theory does not wish to suggest that it favors
unrestricted or arbitrary action by the state. In fact, it
doesn’t rebut the rigidity of red light theory to some
extent.

18. • These are the various tenets of this theory:
• Law is both discrete from and superior to politics.
• The state can successfully be limited by law although that law
should properly allow for the administration to enjoy a degree
albeit controlled degree of discretionary authority.
• The best way of controlling the state is through the judicial
articulation and enforcement of broad principles of legality.
• The goal of this theory is to safeguard a particular vision of
human rights.

19. • In this way, the amber light theory is a synthesis which combines the necessity
for some control over administrative decisions with concern for setting good
standards of administrative conduct, effective decision-taking, accountability,
and human rights.
• It has a close association with both theories however it does not support the
existence of any one theory in isolation. It acknowledges the tenets of both the
theories and tries to reconcile between the two.

20. • In the case of A.P. Pollution Control Board v. Prof. M.V.
Nayudu 1999, It was determined by the Supreme Court
that judicial intervention in the routine operations of
administrative entities should be avoided and that such
entities should be permitted to address issues in their
manner, provided that their actions remain within legal
boundaries.
COURT VEDICTS

21. • In the case of State of U.P. & Ors. v. Mohammad
Nooh 1958, Supreme Court opined that the
judiciary ought not to intervene in
administrative policy or discretionary power
exercised by the government unless it can be
demonstrated that such policy or power is
arbitrary or unreasonable.