Administrative Law

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Subject Code: LLB 208
Name of the Subject:
Administrative Law
UNIT I
RULE OF LAW

Rule of Law
•In reality it is neither a rule or law.
•It is a doctrine of political morality that aims at ensuring the correct
balance of rights and powers between individuals and the state
Adherence to the doctrine requires more than to govern according to
the law since this is not necessarily equivalent to govern under the law.
•“Only in a country where the rule of law means more than formal,
legal validity will subjects enjoy real protection from official tyranny
and abuse” Mathews

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar
Council of India)
•Law is an instrument for exercising state power that in some
circumstances is also a means of protecting the people against
arbitrary and abusive government.
•Aristotle: ‘Government by laws was superior to government by
men’

Dicey’s definition (Introduction to the Study of Law and Constitution) 1885
Constitution is governed by three main principles
Two meanings of the Dicey’s definition:
First,
‘It means in first place, the absolute supremacy or predominance of regular law
as opposed to the influence of arbitrary power, and excluded the existence of
arbitrariness, of prerogative, or even a wide discretionary authority on the part
of the government.... A man can be punished for a breach of law, but he can be
punished for nothing else.

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of
Delhi & Bar Council of India)
Second,
The meaning of this statement implies that the rights of the
individual are not only ensured by the guarantees set down
in a formal document but by the ordinary remedies
available against those who unlawfully interfere with
someone’s liberty

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council
of India)
Ambiguity of the rule of law
The rule of law is also now considered an outdated
legal concept. Today, people must answer to hundreds
of thousands of arbitrary, unclear edicts from the
politicians and bureaucrats rather than to clearly
defined laws

Council of India)
Recent adaptation of the rule of
law Raz
One of the proponents if the doctrine is Joseph Raz (1977). He proposed a
procedurally oriented version of the doctrine in 8 postulates. He shares
common ground with the constitutional theorists A. V. Dicey Hayek.
Thomson.
Raz's principles define the requirements that should guide the individual's
behaviour and should minimize the danger that could result from the
exercise of discretionary power in an arbitrary way.

Council of India)
:
Implications today
• the rule of law should embody a preference for orderly life within an
organised society
• the rule of law expresses fundamental principle that government must act
according to law and in the cases before the court what the law requires must
be enshrined in judicial decision
• the rule of law should be applied according to the procedures lied down for
its execution

Council of India)
British tradition
•Government must act according to law: the remedy should
be available in ordinary courts for unlawful acts of
government
•Human Rights Act extended to all courts the duty where
possible to interpret legislation consistently with the
European Convention on Human Rights

UNIT II
DELEGATED LEGISLATION

Definition of Delegated
Legislation
Exercise of minor legislative powers by subordinate
authorities/bodies in pursuance of statutory authority given
by the Parliament itself.
Also known as:
•Subordinate Legislation
•Executive Legislation
•Administrative Legislation
•Quasi Legislation

Council of India)
Reasons for Delegated Legislation
• Pressure of legislative work
•Technical nature of legislations
•Legislators are not experts
•Need of flexibility in law-making
•Legislature is over-burdened/doesn’t have enough time
•Unforeseen emergencies

Advantages of Delegated Legislation
•Saves valuable time of Legislature
•Easy process
•Consultation with affected groups possible
•Away from party politics
•Flexibility is possible
• Legislation by experts
•Suitable for emergencies situations
•Apt for prompt actions
•Experimentation is possible

Disadvantages of Delegated Legislation
•From democracy to arbitrariness/despotism
•Threat to individual liberty
•Executive gets unlimited powers
•Focus on organised interest/overlooks common man
•Subject to political pressure
•May bypass the judicial process
•Overstepping of limits
•Uncertainty and chaos
•Inadequate publicity
•Lacks political acumen

of India)
Control over Delegated Legislation Defining the parameters: Spelling out
the boundaries clearly Normal purposes: Delegation should not be for
‘unusual’ or ‘abnormal’ purposes Publicity and Consultation: Consultation
with public and special interest affected

Council of India)
Contd....
Parliamentary control and scrutiny: Parliament may
examine the power Parliament may discuss/question
Scrutiny of merits/demerits by Parliament Parliamentary
Committee on Subordinate Legislation Judicial Review:
Judiciary may declare the law/rule as utra-vires/null and
void Publication: Official publication of rules.

UNIT III
Principles of Natural Justice

INDRODUCTION
It is believed that the origin of the Natural Justice came from the concept of
Natural Law during the Greek’s period. According to the Natural Law
theory, nature provides a certain order from which the human beings can set
standard for their conduct with the help of the reason. Based on such a
primitive theory, it was even known to people in the ancient times such as
Greeks and Roman’s. The standard these principles provide is that there
should be the right to fair hearing and absence of biasness to the individuals
in the decision making process.

Council of India)
Two Principles of Natural
Justice
•Audi Alteram Partem
•Nemo judex in sua causa potest

The Rule Against Bias (Nemo Judex Causa Sua)
The rule against bias has its origin in the following principles, which
are:
•No one should be a judge in his own cause;
• Justice should not only be done but manifestly and undoubtedly be
seen to be done

•OFFICIAL BIAS
Types of Bias
•PERSONAL BIAS
•PECUNIARY INTEREST

of India)
The Right To A Fair Hearing
The second of the principle of natural justice – audi
alteram partem – states that no person shall be
condemned without being given a reasonable
opportunity for his case to be heard.

Council of India)
A fair adjudication of a matter requires the following
steps
• the right to be informed in advance of the case to be met – i.e. the
factual basis on which the decision maker may act;
• the right to a reasonable time in which to prepare a response
• the right to be heard verbally or in writing;

Council of India)
:
Contd....
• right to cross-examine persons who may have made
prejudicial statements to the decision-maker;
• the right to be legally represented;
• the right to reasons for the decision

Council of India)
Conclusion
To conclude the discussion with the famous saying of the U.S Lawyer L.
Spooner that natural justice is the only standard through which any dispute
among individuals can be adjudicated rightfully; it is such a principle that
everyone demand its protection for himself/herself irrespective of their wish
whether to accord it to other individuals or not; it has universal application
irrespective of place, nation and time; being self-evidently necessary in all
times and places; being so entirely impartial and equitable towards all; so
indispensable to the peace of mankind everywhere; so vital to the safety and
welfare of every human being; being too, so easily learned, so generally known,
and so easily maintained by such voluntary associations as all honest men can
readily and rightfully form for that purpose. The Principles of Natural Justice
has always played a crucial role and its denial will lead to destruction and
anarchy

UNIT IV
JUDICIAL REVIEW

Judicial Review
•Available to test lawfulness of decisions by public body NOT private
bodies
•Must be distinguished from an ordinary appeal against a decision
•Appellate courts
❑appellate jurisdiction over civil and criminal courts
•Judicial review court
❑supervisory jurisdiction
❑concerned with the manner in which the decision-making body
has applied the relevant rules

Council of India)
Administrative Law
Prerogative orders
•Certiorari – quashes the
original decision
•Prohibition – commands
public to refrain from an
illegal action
•Mandamus – commands
public body to perform its
duty
Private law remedies
•Declaration – declares
what the legal position is
•Injunction – commands
action
•Damages

Grounds for judicial review
•Illegality
decision transgresses powers given to the public body
•Irrationality (Wednesbury unreasonableness)
decision irrational or unreasonable
•Procedural impropriety
failure to observe the rules of natural justice or comply with
procedures laid down by statute

Judicial Review
NHS rationing of health care resources. Judicial review of rationing raises
questions of:
•legality of rationing – statutory duties; priority setting; services
within NHS; NHS Directions and Guidelines
•reasonableness of rationing - allocation of resources; clinical
freedom; evidence-based guidelines: NICE; discretion
•Procedural propriety – processes for consultation and appeal

Council of India)
Administrative powers
In every sphere of public administration: town and country planning,
regulation of public health, environmental matters, welfare services, control
of trades, professions and other activities
Their exercises are subject to judicial control by means of the doctrine of
ultra vires

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by
Govt of NCT of Delhi & Bar Council of India)
Ultra vires
•Meaning -“beyond the powers”
•An act by a public authority, company, or other body that
goes beyond the limits of the powers conferred on it
Ultra vires acts: invalid

Administrative Law

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