The Law involves the study of the following broad topics: Check abuse or detournment of administrative power Ensuring citizens an impartial determination of their disputes by officials Protect citizens from unauthorized encroachment on their rights and interests Make those who exercise public power be accountable to people
Contents
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1 History, Evolution, Nature and Trends in Administrative Law 2 Tribunals & Tribunalization 3 Bureaucracy 4 Maladministration 5 Legislative Powers of Administration 6 Administrative Adjudicatory Process 7 Principles of Natural Justice 8 Judicial Control of Administrative Action 9 Administrative discretion and its judicial control 10 Liability for Wrongs 11 Corporations and Public Undertakings 12 Powers of Enquiry and Investigation of the Administration 13 Related Acts 14 Related Rules 15 Related Cases / Recent Cases / Case Law 16 Related Topics
State as a regulator of primary interest State as a provider of services Other functions of modern state - relief, welfare., Prof. Wade define Administrative Law as the 'law related to the control of governmental power'. Administrative Law is mostly judge-made law and is not contained in any single legislative enactments.
Administration as the fourth branch of Government Necessity for delegation of powers on administration Evolution of agencies and procedures for settlement of dispute between individual and administration Regulatory agencies in the United States Relationship between Constitutional Law and Administrative Law Emerging trends in Administrative Law
Bureaucracy
Bureaucracy with special focus on the India Bureaucratic system Organisation of civil services Powers and functions Disciplinary proceedings Prosecutions under Prevention of Corruption Act
Maladministration
Prevention of Corruption Act, 1988 Ombudsman Ombudsman in England Ombudsman in USA Ombudsman in India Institution of Ombudsman in the States
Right to Know and Right to Information Discretion to Disobey Parliamentary Commissioner Lokpal Lokayukta Central Vigilance Commission (CVC) Congressional and Parliamentary Committees.
Violation of principles of natural justice Violation of public policy Primary jurisdiction Doctrine of legitimate expectation Doctrine of public accountability Doctrine of proportionality Methods of Judicial Review Statutory appeals Public Interest Litigation Writs Mandamus Certiorari Prohibition Quo Warranto Habeas Corpus
Declaratory judgments and injunctions Specific performance and civil suits for compensation Fact-finding commissions Finality Clause - clauses that put acts outside judicial review
Government Companies
Related Acts
Judicial Officers Protection Act, 1850
Related Rules
Andhra Pradesh Administrative Tribunal Rules of Practice, 1995
Administrative Law evolved as a bye-product of the public law because of the growing socioeconomic functions and increasing power of the Government. This branch of law has seen immense growth during the 20th century because of the drastic changes in the role and functions of the State. The State changed from being a police state exercising sovereign functions into a welfare state seeking security and welfare of the common public.
Doctrine of Separation of Powers or des pouvoirs means that one person or body of persons should not exercise all the three forms of power of the governance - Executive, Legislature and Judiciary. i.e there should not concentration of powers in the hands of any particular institution or agency of the Government. The Legislature should be concerned with the making law but not in its implementation / administering it The Administration (Executive) should not control the legislature nor should it over take the justice system because doing so it might lead to arbitrary and capricious justice. The Judiciary should be independent of Executive and Legislation
The Doctrine says that, in a free democracy, these three functions are separated and exercised by three separate organs of the Government.
History
The history of the doctrine traces back to the days of Plato and Aristotle. John Bodin, Locke and Montesquieu further enhanced it in modern times. Separation of powers and the supremacy of Judiciary during the 1700 has made the King subject to the law as made by the Parliament or the Courts. Despite this, the King has a power called Prerogative - to act according to his discretion for the public good, without the prescription of law. The Rule of Law impacted the Administrative Law of England while the Doctrine of Separation of Powers impacted the Administrative Law of the Untied States.
Locke differentiated between what he called: Discontinuous Legislative Power: Time to time interference in general rule making power and not continuous. Continuous Executive Power: All the powers of executive and judiciary Federative Power: Power to conduct foreign affairs
According to Locke, the three powers of government are: Making the laws Carrying out (executing) the laws Manage foreign and military affairs
According to him, the first should be separate from the other two but the latter should be headed by one and the same organ - the King. Justice is still the King's subject. The King always has Royal Prerogatives that can be used for the public good. Soon after Locke's Treatise of British Judiciary, the King was confined to Locke's federative power and barred from both making and applying law. This was followed by Montesquieu's Spirit of Laws (1748). Montesquieu on the Doctrine Division of power into: General Legislative Power Two-kinds of Executive Power Executive power similar to Locke's federative power
Civil Law executive power that includes executive and judiciary power
Rule of Law
The concept was introduced by Chief Justice Sir Edward Coke during the James I rule. Sir Coke said that the King is under God and the Law and that the Law is supreme over executive.
The term 'Rule of Law' was derived from the French phrase la principe de legalite (the principle of legality) The principles of Cole are developed by Dicey and are written in his book Law and the Constitution (1885).
A V Dicey stated three principles to the term 'Rule of Law'. 1. Supremacy of Law 2. Equality before Law 3. Predominance of of Legal spirit The Rule of Law impacted the Administrative Law of England while the Doctrine of Separation of Powers impacted the Administrative Law of the Untied States. Supremacy of Law 'Supremacy of Law' is the central and most characteristic feature of Common Law. Law is the absolute supreme and predominant as opposed to influence of arbitrary power or discretionary power. English men are ruled by the Rule of Law and law alone. A man can be punished by rule of law, and by nothing else. Wade: Government is a subject of the Rule of Law, rather than the law being a subject of the Government. Equality before Law There must be equality before law or equal subjection of all classes to the ordinary law. All people should be subject to one and the same law. There is no need for extraordinary tribunals or special courts to deal with cases of Government and its servants (such as the one seen in Droit Administratif). Of course, Dicey accepted that administrative authorities are exercising 'judicial' functions though they are not 'courts'. Lord Denning: "Our English law does not allow a public officer to shelter behind a driot administratif.
Predominance of of Legal spirit Rights (such as right to personal liberty, freedom from arrest etc.) are the result of judicial decisions in England. The rights are a result of court judgements rather than from being enshrined in the Constitution. The Constitution is a consequence (and not the source) of the rights of the individuals.
Thus, Courts are the guarantors of the liberty Rights would be secured more adequately if they were enforceable in courts rather than just being written in the Constitutional document.
Mere incorporation in a written constitution is of no use in the absence of effective remedies of protection and enforcement.
Advantages of Dicey thesis Helped to make administrative authorities confine to their limits. Became a yard stick to test administrative actions. Helped for the recognition and the growth of the concept of administrative law.
Disadvantages of Dicey thesis Dicey thesis was not completely accepted even in his era. Even at this time, there was a long list of statutes which permitted the exercise of discretionary powers of the Crown which could not be called to the Court. Dicey instead of not just disallowing arbitrary powers has also insisted that administrative authorities should not be given discretionary powers. He failed to distinguish between 'arbitrary powers' to 'discretionary powers'. He misunderstood the real nature of droit administratif which was successful in France.
Constitutional Provisions
Article 21 of Constitution of India: Protection of life and personal liberty
Constitution
The Constitution is the creator of various several administrative bodies and agencies. It gives a brief details about the mechanism and the administrative powers granted to various authorities.
Judicial decisions
Judicial decisions or judge-made law have been responsible for laying down several new principles related to administrative actions. They increased the accountability of administrative actions and acted as an anchor between the notifications, circulars etc. to be linked and complied directly or indirectly with the constitutional or statutory provisions.
Tribunals Tribunalization in India is done in order to implement Administrative Law in India. Tribunal is: a body of administrative character powered with judicial powers to adjudicate on question of law or fact that affects rights of citizens has judicial or a quasi-judicial functions work in a judicial manner
Since tribunals follow the principles of natural justice, they do not follow the Indian Evidence Act, 1872 that is commonly followed in Courts.
The necessity of establishing administrative tribunals was recommended by the Swaran Singh Committee appointed by the Parliament.
Harinagar Sugar Mills vs Shyam Sunder Jhunjhunwala, AIR 1961 SC 1669: According to the Article 136, Article 226 and Article 227 of the Constitution of India, the terms Court and Tribunal means two different things.
APHL Conference, Shillong Vs W A Sangma, AIR 1977 SC 2155: Election Commission of India is a tribunal as it was setup by the Constitution and it was empowered with adjudicating powers along with administrative powers.
ACC vs PN N Sharma, AIR 1965 SC 1595: Tribunal has some, but not all, tapping powers of the Court
L Chandra Kumar vs Union of India, AIR 1997 SC 1125: In regard to tribunals, the Supreme Court of India held that the clause of Article 323A that excludes the jurisdiction of High Courts and Supreme Court under Articles 226 / 227 and 32 of the Constitution is unconstitutional.
Ankit Steel, Indore vs Bank of India, Indore, 11 (2005) BC 534 (MP) Provisions of Order 47, Rule 1 of CPC, apply to cases decided by Tribunal and Appellate Tribunal Appellate Tribunal are to entertain review application like civil courts.
Mallappa Murigeppa Sajjan vs State, AIR 1980 Kant 53: Karnataka High Court held the State Government cannot suspend the working of a tribunal.
P Satyanarayana vs Land Reforms Tribunal, AIR 1980 AP 149: The Andhra Pradesh High Court held that in the absence of any statutory provisions, a tribunal cannot review its own decision.