ADMINISTRATIVE LAW

Internal Notes

Q.1 Define Administrative Law in words of any Jurist?

Ans:- Administrative law is the law relating to the control of governmental
power. The primary objective of administrative law is to limit the powers of the
government to protect citizens against their abuse. In other words, we can define
administrative law as the body of rules, regulations, orders, and decisions
created by the administrative agencies of government.
Definitions
1) According to Ivor Jennings “Administrative Law is a law relating to
Administration. It determines the Organisation, Powers and Duties of
Administrative Authorities”.
2) According to Davis “Administrative Law is the Law concerning the Powers
and Procedures of Administrative agencies including especially the law
governing Judicial Review of Administrative Action”.
3) According to Wade “Administrative Law is the Law relating to the Control of
Government and Power”.
4) According to the Garner “Those Rules which are recognised by the courts of
law and which relate to and regulate the Administration of Government”.
Administrative Law and Constitutional Law
1. A Constitution is the supreme law of the country. No law is above the
Constitution of India and hence, every law must satisfy its provisions and
not be in its violation. So, administrative law is subordinate to
constitutional law. In another word, while Constitution is the genus,
administrative law is a species.
2. Constitution deals with the structure of the State and its various organs,
whereas administrative law deals only with the administration of the
State.
3. While Constitution touches all branches of law and deals with general
principles relating to organization and powers of the various organs of the
State, administrative law deals only with the powers and functions of the
administrative authorities.
In a nutshell, the administrative authorities should follow the Constitution first
and then work as per the administrative law.

Q.2 Nature and Scope of Administrative Law?

Ans:- Administrative law is the law relating to the control of governmental
power. The primary objective of administrative law is to limit the powers of the
government to protect citizens against their abuse. In other words, we can define
administrative law as the body of rules, regulations, orders, and decisions
created by the administrative agencies of government.
Nature and Scope of Administrative Law
The administrative law has a growing importance and the interest and it is most
outstanding phenomenon in the welfare state today. Knowledge of the
administrative law is as important for the officials as responsible for carrying on
administration as for the students of law.
Not a codified Law: Administrative law is not codified like the IPC or law of
the contracts. It is based on the constitution.
Judge made law: It is essentially a judge made law and it is a branch of public
law which deals with the constitution and delegation of power.
Deals with the organisation: Administrative Law deals with organisation and
powers of the administrative and quasi-administrative authorities.
Concerned with the official actions: Administrative Law is primarily
concerned with the official action and the procedure by which official action is
reached. Example: Rule Making, Rule Application, Monitoring actions or pure
administration.
Control Mechanism: It includes control mechanism (judicial review) by which
the administrative authorities are kept within bounds and made effective.
Authorities: Administrative law is derived from the authorities from the
constitutional and statutory law.
Rights: Administrative Law relates to the individual rights as well as public
needs and ensures transparency, open and honest governance which is more
people friendly.
Means or the End: The study of the administrative law is not an end in itself,
but it is a means.
Emergence and development: Administrative law emerges and develops
wherever and whenever any person becomes the victim of the arbitrary exercise
of the public power. Administrative law I not the branch of the philosophy of
law, but of sociology of law.
Branches which govern: It is the body of law which governs the activities of
the administrative authorities of the government. Government agency action
includes rule making, rule adjudication, enforcement of specific regulations and
the related agenda.

Q.3 Sources of Administrative Law?

Ans:- Administrative Law is the law relating to the administrative operation of
government. It deals with the powers and duties of administrative authorities,
the procedure followed by them in exercising the powers and discharging the
duties and the remedies available to an aggrieved person when his rights are
affected by any administrative action. There were various reasons for the
expansion of administrative law like the change in the concept of the
government, the inadequacy of judicial system, evolution of socialistic pattern
of society etc.
Administrative Law and Constitutional Law
1. A Constitution is the supreme law of the country. No law is above the
Constitution of India and hence, every law must satisfy its provisions and
not be in its violation. So, administrative law is subordinate to
constitutional law. In another word, while Constitution is the genus,
administrative law is a species.
2. Constitution deals with the structure of the State and its various organs,
whereas administrative law deals only with the administration of the
State.
3. While Constitution touches all branches of law and deals with general
principles relating to organization and powers of the various organs of the
State, administrative law deals only with the powers and functions of the
administrative authorities.
In a nutshell, the administrative authorities should follow the Constitution first
and then work as per the administrative law.
Sources of Administrative
1. The Constitution of India
India has a constitutional provision for administrative tribunals, which may be
constituted by the President and exercise of other powers delegated to them by
the Central Government. In India, The Constitution of India is the supreme law
of India. The same was adopted by the Parliament of India. Constitution has
secured global recognition for India as a leading democracy and an emerging
economic superpower. It is the main source of Administrative Law in India.
2. Acts and Statutes
Acts passed by the Central and State Governments for the maintenance of peace
and order, tax collection, economic and social growth empower the
administrative organs to carry on various tasks necessary for it. These Acts list
the responsibilities of the administration, limit their power in certain respects
and provide for grievance redressal mechanism for the people affected by the
administrative action.
3. Judicial Decision
Judiciary is the final arbiter in case of any dispute between various wings of
government or between the citizen and the administration. In India, we have the
supremacy of Constitution and the Supreme Court is vested with the authority to
interpret it. The courts through their various decisions on the exercise of power
by the administration, the liability of the government in case of breach of
contract or tortuous acts of Governments servants lay down administrative laws
which guide their future conduct.
4. Ordinances, Administrative directions, notifications and circulars
Ordinances are issued when there are unforeseen developments and the
legislature is not in session and therefore cannot make laws. The ordinances
allow the administration to take necessary steps to deal with such developments.
Administrative directions, notifications and circulars are issued by the executive
in the exercise of power granted under various Acts.
5. Ubi Jus Ibi Remedium
The word “jus” means legal authority to do something or to demand something.
The word “remedium” means that the person has the right of action in the court
of law. The literal meaning of the maxim is where there is a wrong there is a
remedy.
This maxim also says that there is no remedy without any wrong and the
persons whose right is being violated has a right to stand before the court of law.
This principle also states that if the rights are available to a person then it is
required to be maintained by that person only and remedy is available only
when he is injured in the exercise of duty or enjoyment of it; It is useless to
imagine and think a right without a remedy. It is necessary to keep in mind that
both rights violated and the remedy sought or to be obtained should be legal.
There are many moral and political wrong but are not actionable or it does not
give many sufficient reasons to take legal action as they are not recognized by
law. The maxim does not mean that there is a legal remedy for each and every
wrong committed.
6. Rule of Natural Justice
In simple words, this rule states that both parties must have the chance to
represent their viewpoints, and authorities should conduct a fair trial
accordingly. This is a significant rule of natural justice as it prevents authorities
from subjecting any individual to punishment without a sound and valid ground.
The principle of natural justice has been followed and adopted to save public
rights against random arbitrary decisions by the administrative authority.
Therefore, an individual can easily see that the rule of natural justice includes
the concept of fairness and honesty: they stay alive and help to safeguard fair
dealing.

Q.4 Joint Administrative?

Ans:- A Joint Administrative Tribunal for two or more States shall exercise all
the jurisdiction, powers and authority exercisable by the Administrative
Tribunals for such States.

Q.5 Doctrine of Separation of power?

Ans:- The Indian Constitution lays down the structure and defines and
determines the role and functions of every organ of the State and establishes
norms for their inter-relationships and checks and balances. The doctrine of
separation of powers implies that each pillar of democracy – the executive,
legislature and judiciary – performs separate functions and acts as separate
entities.
According to the Wade and Phillips a very simplistic theory has been taken into
consideration and the theory has three manifestations which are as follows:
a. One organ of the government should not discharge any function of the other
two Eg:- A minister should not have any Judicial Powers.
b. It means that one of the organs of the government should not interfere when
they are discharging their duties for instance: executive should not interfere with
Judiciary and function as independent body.
c. the person/member should not belong to other two organs of the body for eg:
A Judge should not be member of Parliament.
Case Law
I/c Golakhnath v/s State of Punjab
It has been interpreted by SC that Doctrine of separation of Power has been
incorporated in Indian Constitution as executive vested in President, Legislative
power vested with Lok Sabha Rajya Sabha, whereas SC, HC discharge their
Judicial Powers.
It was reflected in the above-mentioned matter that the constitution brings into
existence i.e. Union, State and the Union territories. It creates three major
instruments of Power namely, Legislative, Executive and Judiciary minutely
and expects them to exercise their power with out over stepping and crossing
their limits. Hence, it was concluded by the SC that these Constitutional entities
should function within the spheres allotted to them.
Even though the theory of Doctrine of Separation of Power has been anticipated
in the Indian Constitution it is not abided in the strict sense which are clear from
the following provision:
a. The president of India enjoy legislative powers, he can issue ordinance even
if he is not in motion likewise he can even made laws when a state legislative is
not in session.
b. The President of India and the governors of the state are empowered to grant
powers to the person convicted by the Judiciary.
c. The president also exercise Judicial Function when he decides disputes on
disqualification of member of parliament or the age of Judge of SC and HC for
a retirement purpose.

Q.6 Ak. Kraippak vs Union of India?

Ans:- In this case, there was an advertisement for a government post which was
posted by the government for the post of chief conservative of forest. Many
candidates here in applied including the acting chief conservative forest. When
the interview was finally conducted the judgement panel who are conducting
the interview also included the acting chief conservative officer.
There was another candidate A.K Kraipak, he later on filed a case saying that
the justice is not being done because the acting chief conservative officer was
also present in the panel therefore it created a sort of biasness against the other
candidates and the selections are violative of Article 14 and 16 of the
constitution of India and the selections in question are dissipated by the
contravention of the principles of natural justice.
The chief conservative officer contended that he was not in the panel when his
interview was being conducted. The Hon’ble court found the power exercised
by the selection board as an administrative one and tested the validity of the
selections on that basis.
Held – That the selections made by the selection committee were in violation of
principles of natural justice. Assistant Conservators have been selected for the
senior scale service. At the same time some of the officers who had put in more
than eight years of service had been selected for the junior scale service.
Hence it is not possible to separate the two sets of officers. For the reasons
mentioned above these petitions are allowed and the impugned selections set
aside. The Union Government and the State Government shall pay the costs of
the petitioners.

Q.7 Droit Administrative?

Ans:- Administrative Law is the law relating to the administrative operation of
government. It deals with the powers and duties of administrative authorities,
the procedure followed by them in exercising the powers and discharging the
duties and the remedies available to an aggrieved person when his rights are
affected by any administrative action. There were various reasons for the
expansion of administrative law like the change in the concept of the
government, the inadequacy of judicial system, evolution of socialistic pattern
of society etc.
Droit administratif is a legal term that means "administrative law."
In France, administrative law is known as Droit Administratif, which translates
to "administrative law," and refers to a set of rules that govern the organisation,
powers, and responsibilities of public administration, as well as the relationship
between the administration and the country's citizens. The rules and concepts
defined by Droit Administrative are not reflected in legislation approved by
Parliament. It includes the regulations that administrative courts have devised.
According to Dicey, the Droit Administratif system is built on two common
ideas that are not found in English law:
To begin, recognise that the government and every government employee, in
their capacity as representatives of the nation, have a wide range of special
rights, privileges, and prerogatives in relation to private citizens, as well as the
extent to which these rights, privileges, or considerations determine the legal
rights and obligations of one citizen to another. According to French legal
principles, an individual does not have the same standing in transactions with
the state as he has with his neighbour.
Second, the government and its officials should be exempt from conventional
court jurisdiction and be free to act independently of them.
On the basis of these two ideas, Dicey concluded that Droit Administratif is
incompatible with the rule of law, and as a result, administrative law is alien to
the English legal system. On the other hand, Dicey arrived at the incorrect
conclusion. Administrative law, or Droit Administratif, was as common in
England as it was in France, except that the French Droit Administratif was
based on a system that was new to English law at the time. In his later years,
Dicey appears to have altered his view about the case, possibly as a
consequence of a comprehensive investigation.

According to Dicey, the

Droit Administratif
system is built on two
common
ideas that are not found in
English law