THE NATIONAL LAW INSTITUTE UNIVERSITY,

BHOPAL
PROJECT

on

Nature, Scope and Significance of Administrative Law

Submitted by
Jahanvi Singh

Enrolment Number: A-2433

Roll Number: 2021BALLB136

VII Semester

B.A. L.L.B. (Hons.)

Submitted to
Ms. Sushma Sharma

(Professor)

Date of Submission: 13 September 2024

 DECLARATION

I, Jahanvi Singh D/O Narayan Singh Roll Number 2021BALLB136 Enrolment Number A-
2433 do hereby declare that the Project titled “Nature, Scope and Significance of
Administrative Law” is an outcome of my own independent research endeavour and has been
carried out under the guidance of Professor Sushma Sharma . Literature relied on by me for
the purpose of this Project has been fully and completely acknowledged in the footnotes and
bibliography. The Project is not plagiarised and all reasonable steps have been taken to avoid
plagiarism. Similarity Index as per Turnitin Report is -%. In case, my project is found to be
plagiarised, the course teacher shall have the full liberty to ask me to revise the project. If I
fail to comply with the instructions of the teacher, my project may be referred to the
Committee against Use of Unfair Means and I will comply with the decision of the said
Committee.

Date: 13 September 2024 JAHANVI

SINGH

Place: Bhopal Enrolment Number: A-

2433

Roll Number: 2021BALLB136

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 ACKNOWLEDGEMENT

First and foremost, I want to give special thanks to Mrs. Sushma Sharma, who guided
me throughout the project. She provided me invaluable advice and assistance in difficult
circumstances. Her inspiration and guidance were instrumental in the project's completion. In
addition, I'd like to sincerely thank the staff at Gyan Mandir, NLIU for supporting me with
the resources and appropriate research material for this project. I'd also like to thank the
university's authority. I'd also like to thank my family members for their help in completing
the project.

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Table of Contents

DECLARATION......................................................................................................................1
ACKNOWLEDGEMENT.......................................................................................................2
SYNOPSIS................................................................................................................................4
STATEMENT OF PROBLEM-..............................................................................................4
HYPOTHESIS-......................................................................................................................4
OBJECTIVES-.......................................................................................................................4
RESEARCH METHODOLOGY-..........................................................................................4
RESEARCH QUESTIONS-...................................................................................................5
LITERATURE REVIEW.......................................................................................................5
INTRODUCTION....................................................................................................................6
CONCEPT OF ADMINISTRATIVE LAW...........................................................................7
DEFINITION OF ADMINISTRATIVE LAW:.....................................................................8
NATURE AND SCOPE OF ADMINISTRATIVE LAW.....................................................11
SOURCES OF ADMINISTRATIVE LAW..........................................................................13
HISTORICAL GROWTH AND DEVELOPMENT OF ADMINISTRATIVE LAW......15
INDIA...................................................................................................................................15
REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW:..................................16
RED LIGHT THEORY AND GREEN LIGHT THEORY................................................17
PRINCIPLES OF ADMINISTRATIVE LAW.....................................................................18
CONCLUSION.......................................................................................................................24
BIBLIOGRAPHY..................................................................................................................25

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 SYNOPSIS

STATEMENT OF PROBLEM-
Administrative law covers a broad spectrum of tasks carried out by administrative authorities,
including adjudication, rule-making, and discretionary measures. Determining the exact
nature of administrative law is sometimes challenging, though, due to the blurred boundaries
between the legislative, administrative, and judicial branches of government. How may
administrative acts be properly categorised to guarantee that legal principles are applied
consistently?

HYPOTHESIS-
By creating a clear, useful categorisation system based on the type of authority being used
(rule-making, adjudicatory, or discretionary) and the effect on individual rights,
administrative activities may be appropriately categorised. This system would provide
uniform application of legal standards across administrative, legislative, and judicial
proceedings while maintaining the separation of powers. It is governed by well-established
legal concepts such as natural justice and reasonableness.

OBJECTIVES-
 to distinctly delineate the essential tenets that oversee administrative proceedings,
including rule-making, decision-making, and discretionary authority.
 to demarcate the domains in which administrative law functions, such as public
services, administrative adjudication, government regulation, and rule enforcement.
 to assess the contribution of administrative law to the maintenance of efficiency,
accountability, and openness in the executive branch's operations.
 to encourage the uniform application of impartiality, justice, and reasonableness in all
administrative activities that impact people's rights and responsibilities.
 to preserve the essential differences between the legislative, executive, and judicial
branches of government while permitting the necessary overlaps to guarantee efficient
governance without compromising the core tenets of each.

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RESEARCH METHODOLOGY-
This project is largely based on the Doctrinal method. The Study collected from the journals,
books, and the publication in a various website.

RESEARCH QUESTIONS-
1. What qualities make administrative law unique and enable it to successfully regulate
executive acts and decision-making?
2. How much judicial review of administrative activities may courts conduct without
going too far in maintaining the separation of powers?
3. How can administrative law help safeguard individual rights from capricious or
unjustified decisions by the government?
LITERATURE REVIEW
I.P. Massey, “Administrative Law”1: With regard to administrative law, Massey offers a
thorough overview that covers its definition, application, and significance within the legal
system. The book discusses rule-making, adjudication, and enforcement, among other
administrative action-related topics. The book explores natural justice's tenets, such as the
need for impartiality and the right to a fair trial. Massey places a strong emphasis on using
these ideas in administrative procedures.

C.K. Takwani, “Administrative Law”2: Takwani gives a thorough overview of

administrative law, including its background, application, and importance. The fundamental
ideas and the function of administrative law in controlling the activities of government
agencies are described in the book. The purpose and role of administrative tribunals in
settling conflicts between people and administrative authorities are examined in the book.
Takwani talks about the benefits and difficulties of tribunals. Talks on future administrative
law improvements and comparative viewpoints are frequently included in Takwani. He looks
at procedures in various jurisdictions and makes recommendations for ways to improve the
efficiency of administrative law.

M.P. Jain, “Principles of Administrative Law” 3: In his comprehensive introduction to the

subject, M.P. Jain covers the history, tenets, and importance of administrative law within the
legal system. The foundation for comprehending how administrative law governs the
1
I.P. Massey, Administrative Law (9th edn, Eastern Book Company, 2017)
2
C.K. Takwani, Administrative Law (5th edn, Eastern Book Company, 2012)
3
M.P. Jain, Principles of Administrative Law (9th edn, Lexis Nexis, 2021)

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activities of administrative entities is laid out in this text. Comparative assessments and
modern viewpoints on administrative law are frequently included in the book, along with
discussions of prospective changes and an exploration of other countries' methods. In order to
settle conflicts between people and administrative authorities, Jain looks at the function and
duty of administrative tribunals. He talks about the benefits and difficulties that tribunals
encounter.

INTRODUCTION

The rapid expansion of administrative law is the most notable and important development of
the twentieth century. That does not imply, however, that administrative law did not exist
before to this century. It has been there in one form or another for a very long time.
The concept of the State's purpose and function has drastically changed throughout this
century. In addition to serving as a police state and exercising sovereign powers, the state of
today also functions as a progressive democracy that controls labour relations, attempts to
achieve equality for all people, maintains equal pay for equal work, and protects social
security and welfare for the average citizen. The state strives to make slums better, attends to
people's health and morality, educates children, and does all other actions required by social
justice. To put it briefly, the contemporary State provides for its people from "cradle to the
grave." The breadth and depth of administrative law have expanded as a result of all these
advancements.

A subset of public law known as administrative law regulates the actions of public servants
and government agencies. It deals with the policies, guidelines, and directives that govern
these agencies' decision-making processes and guarantee that their deeds are just, legitimate,
and open. Administrative law's main goal is to control the use of public authority, making
sure that authorities stay within the law and that people's rights are upheld while interacting
with the government.

This area of law serves as a check on the misuse of power by giving people and corporations
a way to contest decisions made by the government. It encompasses the range of duties
performed by administrative authorities, including rulemaking (forming rules), adjudication
(settling conflicts), and law enforcement in the domains of labour, immigration, taxes, and
environmental protection. The proper balance between the requirement for effective
governance by public agencies and the rights of individuals to fair treatment is ensured by

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administrative law. It guarantees accountability, openness, and legal clarity in government
activities through court review and other means.

The body of legislation known as public law, which governs the use of state authority and
governs citizens' interactions with the government, includes administrative law. It is therefore
a component of the public administration legal system. Public administration is the day-to-
day implementation of public policies and programs in a broad range of areas, such as
immigration, social welfare, defence, and economic regulation—in fact, in every aspect of
social and economic life where public programs are executed. The body of laws known as
administrative law governs how government administrative bodies do their business.
Government agencies may take decision-making, regulatory agenda-enforcing, or regulatory
creation-related actions.

Administrative law deals with the procedures used by administrative government bodies, like
tribunals, boards, or commissions, to make decisions within a country's regulatory framework
regarding police law, foreign trade, manufacturing, the environment, taxation, broadcasting,
immigration, and transportation. Administrative law expanded dramatically throughout the
20th century as legislative bodies all over the world created more government agencies to
regulate the social, political, and economic spheres of human interaction.

CONCEPT OF ADMINISTRATIVE LAW

A subset of public law known as administrative law deals with the policies, guidelines, and
directives of various governmental bodies. The decision-making powers of these
administrative bodies, which implement laws approved by state and federal legislatures, are
the subject of administrative law.4 Administrative law is demonstrated by the regulations that
control the Social Security Administration, its functions, and the manner in which it pays
benefits to its recipients. Administrative law is the field of law that adds its own complex
procedural rules to the natural justice principles and regulates actions before quasi-judicial
organisations, boards, commissions, or administrative tribunals. Through jurisprudence,
common law, or case law, these concepts have all been refined and expanded upon from their
original, simple framework to produce distinct bodies of legislation that together comprise
what the legal system refers to as administrative law.

4
Paul Craig, Administrative Law (7th edn, Sweet & Maxwell 2007)

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DEFINITION OF ADMINISTRATIVE LAW:

Administrative law deals with the legal oversight of the government and related
administrative tasks. Put another way, the body of rules, regulations, and decisions rendered
by government administrative authority is known as administrative law. Administrative law
covers complaints against activities taken by the government that have a detrimental effect on
an individual. Thus, administrative law encompasses the assessment of the legality of actions
undertaken by the administration. The two components of the examination are the legality of
the particular legislation itself and the legality of specific activity that the specific law is said
to authorise.

Governments cannot take action on their own. As the state's agents, government officials are
bound by rules governing their conduct. A government can act using the authority granted by
legislation. Representatives of the government must thus act within the parameters (or
jurisdiction) of the laws that give them legal standing. These actions are legal. If government
officials act outside the scope of their legal authority, citizens have the right to seek judicial
review of the administrative action and possible remedies. These rights are provided by the
notions of administrative law and these actions have an impact on persons.5

It is in reality challenging to define administrative law in a way that is exact, scientific, and
agreeable. Although many jurists have attempted to describe it, no definition has been able to
fully capture the essence, boundaries, and content of administrative law. Either the definitions
are too tight to incorporate all the necessary components, or they are too wide and cover far
more than is necessary.

1. Ivor Jennings

Administrative law is the legal framework that deals with administration. It lays up the duties,
authority, and organisation of the administrative authorities. The one that is most commonly
used is this one.6 However, Griffith and Street point out that there are two issues with this
5
M.P. Jain, Principles of Administrative Law (9th edn, Lexis Nexis, 2021) 3
6
A.V. Dicey, The Law and the Constitution (8th edn, Macmillan 1959) 217

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definition:
a) It does not make a distinction between constitutional and administrative law.

b) The rules that define the duties and obligations of administrative authorities may also
include the substantive components of those positions, making this a fairly broad definition.
Administrative law does not cover, for example, legislation governing housing, public health
services, town and country planning, etc.

c) Once again, it excludes the recourse options open to a harmed party when the
administration violates his rights.

2. Wade

Administrative law is "the law relating to the control of governmental power," according to
Wade. He claims that the main goal of administrative law is to safeguard individuals against
government misuse by limiting the government's authority within established legal
parameters.
By addressing the "heart of the subject," this definition unquestionably emphasises the
purpose of administrative law quite a bit. Still, it doesn't define the topic. Furthermore, it
doesn't address the responsibilities and authority of administrative authorities, or the
protocols that they must adhere to.7

3. K.C. Devis

Administrative law refers to the body of legislation that governs the functions and practices
of administrative agencies, particularly the rules pertaining to judicial review of
administrative actions. This definition is correct in one sense since it emphasises the steps
administrative agencies take to exercise their authority. It does not, however, comprise the
actual laws that these agencies have created. Accepting this definition is challenging, though,
because it leaves out a lot of administrative tasks that are just quasi-judicial in nature or non-
adjudicative but yet fall under the non-legislative category. Another issue with this definition
is that it emphasises judicial control over administrative functions while ignoring other
equally significant controls, such as legislative control over legislation delegated to the
legislature, control through administrative appeals and revisions, and so forth.

4. Jain & Jain

7
HWR Wade and CF Forsyth, Administrative Law (10th edn, Oxford University Press 2009) 4-5.

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According to Jain and Jain, "Administrative law deals with the structure, powers and function
of the organs of administration, the limits of their powers, the methods and procedures
followed by them in exercising their powers and functions, the method by which their powers
are controlled including the legal remedies available to a person against them when his rights
are infringed by their operation".8 This definition states that administrative law addresses the
following four areas:

a) It talks about the composition and power of administrative authorities.

b) It defined the parameters of such authorities' power.
c) It outlines the procedures these authorities must follow in order to exercise their
authority, and
d) It employs the judicial system in addition to other instruments to maintain oversight
over these administrative authorities.

5. Griffith and Street

According to Griffith and Street (Principles of Administrative Law, 1963), the main objective
of administrative law is the operation and management of administrative authority. It needs to
take care of the following three things:

a) What are the limits of their powers?

b) What level of power does the state wield?
c) How is the administration kept within predetermined bounds?

Improvement- The Indian Law Institute states9 that the following two components are
necessary to understand modern administrative law:

a) What are the procedures that the administrative authorities follow?

b) What possibilities for assistance are available to persons affected by the administration?

6. Garner

Administrative law, according to Garner, is "those rules which are recognised by the court as
law and which relates to and regulates the administration of government". The science of

8
M.P. Jain, Principles of Administrative Law (2nd edn, LexisNexis 2007) 12-13
9
S.K. Kher, Cases and Materials on Administrative Law in India, vol 1 (1966) 53.

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administrative authorities' power is thus what administrative law is, and the following three
headings may be used to examine the nature of these authorities' power:

A) Rules-making or Legislative
B) Executive Only,
C) Judicial or Adjudicative

Considering the range and breadth covered by each of these definitions, we attempt to define
administrative law as follows: The area of constitutional law known as administrative law
addresses the power and duty of administrative authorities, the manner in which they perform
their functions and use their authority, and the options available to a party whose rights have
been violated by an action taken by these authorities. For our purposes, administrative law is
the branch of public law that deals with the powers and composition of administrative and
quasi-administrative bodies as well as the rules and criteria that control the process by which
official actions are determined and assessed in relation to people's rights and liberties.

NATURE AND SCOPE OF ADMINISTRATIVE LAW

The science of administrative law is heuristic. It is a subset of public law that is

fundamentally hostile to authority. It is the administration's "Dharma". It aims to create a
society under the rule of law that is founded on justice, fairness, and rationality. By balancing
authority and freedom, administrative law therefore transforms into dharma that promotes
society's development and stability, the upkeep of a fair social structure, and the wellbeing of
all people. It aims to direct administrative authority towards "growth with liberty," which is
10
the fundamental goal of every civilised society. Principles of administrative law are not
extra-constitutional; rather, they are drawn from Articles 14 and 21 of the Constitution.
"Administration" is used in the broadest sense possible in the context of administrative law,
meaning that it includes:

(1) all executive actions, programs, and policies;

(2) all administrative aspects of the legislature and the judiciary;

(3) all actions taken by State actors, like agencies and instrumentalities; and
10
R.A. Macdonald, 'Public Accountability and Administrative Law' (2018) Canadian Journal of Administrative
Law

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(4) all actions taken by non-State actors, like private entities, carrying out public functions.
The four fundamental pillars that form the basis of every administrative legislation are as
follows:
1) preventing the misuse or diversion of administrative authority;
2) guaranteeing that citizens get an unbiased resolution of their disputes from officials;
3) protecting citizens' rights and interests from unauthorised interference; and

4) holding public officials responsible to the people.

Administrative law is a legal discipline, although not in the same sense as property or
contract law. It is a law in the realist sense, which means that it is made up of statute law,
precedents, customs, and other elements. Examining policy declarations, memos, resolutions,
administrative circulars, and other documents is also included. Nonetheless, administrative
law in India suffers from "the frailties and benefits from the strengths of judicial law-making"
as it is essentially still a judge-made law.

Administrative law addresses the structure and authority of quasi-administrative and

administrative agencies to the degree that comprehension of their functions, nature of their
activities, methods of exercising their authority, and internal control mechanisms is required.
The field of administrative law encompasses the examination of established principles as well
as the formulation of novel ones that govern the exercise of authority by administrative and
quasi-administrative bodies towards individuals. These principles include natural justice,
reasonableness, and fairness.

Administrative law primarily focusses on official activity, which might include ministerial or
pure administrative action, rule-making or quasi-legislative action, rule-decision or quasi-
judicial action, rule-application or administrative action, and so on. In addition to these
primary activities, the research also covers the secondary actions that result from the first
action. Investigational, supervisory, advisory, declaratory, and prosecutorial acts are examples
of such accidental activities. The control mechanisms that keep administrative agencies
within reasonable limitations and enable them to effectively serve persons are likewise
studied by administrative law. This regulatory mechanism is formally known as the "review
process".
There are various ways in which an administrative action can be influenced:
(a) by a court using its writ jurisdiction to hear cases through the writs of habeas corpus,
mandamus, certiorari, prohibition, and quo warranto;

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(b) by a court using its ordinary judicial powers to hear cases and issue injunctions;

(c) by statutory authorities like the Human Rights Commission, Ombudsman, and other
investigative agencies;

(d) by a higher administrative body; and

(e) by the general public and the media.

(f) easy access to the legal system.

(g) Inherent capacity to serve as an indirect check on administrative conduct exists for the
rights to know, to respond, and to comply. 11

The scope of administrative law is restricted to matters pertaining to the policies and practices
of administrative agencies. It is restricted to the authorities' rule-making or adjudication
powers. It is therefore restricted to:
1. The creation, structure, and authority of diverse administrative entities
2. Delegated legislation, or the authority to make rules,
3. The judicial duties performed by administrative bodies like tribunals
4. Available remedies include Writs, Injunctions, and the like.
5. Procedural safeguards such the use of Natural Justice principles
6. Governmental responsibility in tort
7. Companies that are publicly traded
Thus, developments in political science and the idea of federal administration have matured
alongside the separate discipline of administrative law. It is crucial to recognise that the
administrative branches are the only ones to which this area of law applies. The foundation of
administrative law is meant to be composed of delegated legislations.12

SOURCES OF ADMINISTRATIVE LAW

Unlike the Criminal Code, Evidence Act, Transfer of Property Act, Contract Act, and the
Indian Constitution, among other laws, administrative law is not codified, recorded, or clearly
defined. It is basically "judge-made," uncodified, or unwritten law. It has gradually evolved in
response to real cases that have gone before courts. Administrative authorities are required to

11
S.K. Kher, Cases and Materials on Administrative Law in India, vol 1 (1966) 53.
12
David M. Beatty, 'Administrative Law in the Age of Globalization' (2008) International Journal of
Constitutional Law

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carry out quasi-legislative and quasi-judicial duties in addition to executive activities in a
welfare state. They ultimately established party rights and developed into the "fourth branch,"
or "Government in miniature," of the federal government. It began as a need and a
requirement to defend private interests and to uphold personal rights. A few legal systems
include statutes that specify the guidelines, precepts, and protocols that administrative
agencies must adhere to. However, even in the lack of explicit laws addressing a certain
circumstance, all authorities are required to abide by a number of well-established
fundamental norms, basic principles, and minimal standards of the law. Any individual who
is negatively impacted by an administrative authority's decision has the right to contest it in
court or before a suitable body. In the event that a statutory law fails to offer a remedy or
deems the decision taken by the authority as "final," a person who feels wronged may seek
redress by using Articles 226, 227, 32, or 136 of the Constitution. Administrative law is thus
based on the well-known legal maxim ubi jus ibi remedium (wherever there is a right, there is
a remedy).13

1. Constitution

A multitude of diverse organisations and administrative bodies were formed under the
Constitution. It gives a brief description of the system and the administrative power granted
to various organisations. The Constitution is the highest law of the land. Any legislation or
deed that contradicts it is invalid. This provision mandates that all laws and acts taken by the
government must comply with the Constitution. In every aspect of governance, the executive
branch of government is bound by the Constitution. The Constitution establishes a wide range
of organisations and administrative frameworks to control the exercise of governmental
power.
.
2. Acts and Statutes
Because they include comprehensive details about the functions, obligations, and governance
structures of different administrative entities, legislative acts and laws are an important
source of administrative law.

.
3. Ordinance, Notification and Circulars

13
M.P. Jain, 'Administrative Law in India: An Overview' (2015) Indian Journal of Administrative Law
<https://www.ijadminlaw.org/overview > accessed on 1 September 2024

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Ordinances are only valid for a predetermined period of time and are issued by the President
at the Union / Federal level and the Governor at the State level. These ordinances provide
administrators more power to handle urgent needs. Administrative directives, notifications,
and circulars from a higher authority confer additional jurisdiction upon a subordinate
authority. They have some influence over the abilities.14
4. Judicial Decisions

Judge-made laws or court decisions have set new standards for administrative activities. As a
link between notifications, circulars, and other papers that had to be tied to and either directly
or indirectly comply with legislative or constitutional requirements, they enhanced the
accountability of administrative activities.

HISTORICAL GROWTH AND DEVELOPMENT OF

ADMINISTRATIVE LAW

The Laissez faire system, which took the form of individualism, self-help, and individual
entrepreneurship, was the dominant ideology of the 19th century. It was a time of free
enterprise, with minimal government in the State. But it wasn't long before it was understood
that unequal negotiating strength and unbridled contractual freedom resulted in the weak
being taken advantage of. It was acknowledged that state intervention was necessary to free
the oppressed. As a result, regulations on private enterprise were in place and governmental
intervention was encouraged.

INDIA
Administrative law in India dates back thousands of years. India was ruled by the Mauryas
and Guptas, who had a highly organised and organised government many centuries before
Jesus was born. No one claimed to be exempt from the dharma's rule, which was enforced by
the kings and bureaucrats. Since the government could only function within these dharma-
approved norms, the kings and officials acted by the fundamental principles of natural justice
and fair play. Administrative law did not, however, exist in the current form.

The main objective of early British India administration was to maximise profit, which called
for effective management. As a result, throughout the company's corporate days, the courts
were turned into tools for the company. The executive had the final word when it came to
14
P.S. Joshi, 'Principles of Natural Justice and Administrative Law in India' (2017) Supreme Court Journal
<https://www.supremecourtjournal.org/natural-justice > accessed on 1 September 2024

15 | P a g e
matters pertaining to the administration of justice. The 20th century had a significant impact
on people's private rights in relation to housing, employment, planning, education, health,
services, pensions, and the manufacturing of goods by government social and economic
policies. The traditional legislative and judicial procedures were unable to provide a sufficient
resolution for these problems. Delegated legislation and tribunalization increased as a result.
Administrative law became a lively field as a result.

The welfare state concept is stated clearly in the Indian Constitution. The Constitution itself
contains provisions for guaranteeing social, economic, and political justice as well as equality
of status and opportunity for all. The allocation of ownership and control over material
resources within a society should put the wellbeing of all members first. The structure of the
economy shouldn't allow a small group of individuals to have most of the wealth and the
means of production. The State is authorised to place reasonable limits, even on the basic
rights protected by the Constitution, in order to carry out all of these goals.15

As a result, even while governmental and administrative authority today have more activities
and powers than ever before, there is also a greater need for the rule of law to be upheld and
for judicial scrutiny of these authorities to ensure that individuals can exercise their
constitutionally granted rights to liberty. Therefore, provisions for the right of appeal,
revision, etc. are provided in a number of legislation, and in addition, exceptional remedies
are made accessible under Articles 32, 136, 226, and 227 of the Indian Constitution. The
"basic structure" of our Constitution is said to include the judicial review premise.

REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW:

There has been a dramatic change in the mindset around the State's function. As a welfare
state, the State has adopted good policies and committed to performing a range of duties. Its
scope has not been restricted to the standard and necessary responsibilities of defence and
justice administration. There were also flaws in the legislative process. It was unable to create
thorough rules and procedures, and even the times the legislature did create thorough
measures—like rate fixing—they turned out to be inadequate and faulty. It was necessary to
give the administrative authority some jurisdiction as a result.

15
S.K. Verma, 'Judicial Review of Administrative Actions in India' (2018) Journal of Indian Law and Society
<https://www.jils.org/judicial-review> accessed on 2 September 2024

16 | P a g e
It is a well-established fact that the legal system is not adequate to decide and settle every
dispute. It was too costly, ineffective, slow, formalistic, convoluted, and overburdened to deal
with even the most urgent problems—like labour disputes, lockouts, strikes, etc.—quickly.
These urgent matters required careful analysis of several factors and could not be settled by
ordinary courts of law by only interpreting statutory language. As a result, labour courts and
industrial tribunals were established, furnished with the expertise required to handle these
complex matters. A regulation need not be upheld until the beginning of the next legislative
session, in contrast to legislation. In this case, a rule may be made, put to the test for a while,
and then promptly updated or modified if it turns out to be incorrect. This means that while
the administrative process is adaptable, the law is not. Administrative law is a reflection of a
functional approach, not a theoretical or judicial one. In the past, the court was technical,
conservative, and rigorous. Forms and technicalities are necessary for courts to make
decisions. Administrative tribunals are free to decide complicated issues by applying a
practical approach and are not constrained by the rules of evidence or process.16

Administrative agencies have the authority to implement preventive measures like licensing
and rate-fixing. Unlike regular courts of law, they are not bound to wait for parties to appear
before them with issues. The ability to adopt the aforementioned preventative measures
through effective action belongs to administrative authorities. For instance, they have the
authority to revoke or suspend permits, which are frequently denied by regular courts of law.

RED LIGHT THEORY AND GREEN LIGHT THEORY

There are two theories in vogue:

1) “Red light theory”, and

2) “Green light theory”.

Controlling governmental authority is the main goal of administrative law, according to "Red
light theory." Its foundation is the idea that all power eventually corrupts, and that all power
eventually corrupts itself completely. The dread of State absolutism gave rise to "red light
theory." There is a constant chance of power abuse or misuse since the state supervises and
monitors a wide range of activities carried out by its citizens. The "Red light theory" aims to
defend the freedoms and interests of individuals. Its goal is to use judicial oversight to
maintain administrative and governmental powers within the confines of the law.
16
R. Narayan, 'The Role of Administrative Tribunals in India' (2016) Indian Administrative Review
<https://www.indianadminreview.org/tribunals> accessed on 2 September 2024

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On the other hand, proponents of the "Green light theory" advocate regulations and accept
ground reality. However, the "Green light theory" emphasises the political process, while the
"Red light theory" supports judicial oversight. According to this view, administrative agencies
are under direct internal control as opposed to indirect external control. The "Green light
theory's" built-in mechanism for government participation in more significant public interest
matters, protecting people' rights and the welfare of society at large. This may be
accomplished by the administration taking such steps as decentralising authority, promoting
constructive debate, effectively consulting, providing creative input, productive participation,
and granting information freedom. Every theory has advantages and disadvantages.
Therefore, a blend of the two conceptions is seen in most legal systems. Stated differently, a
"Amber light theory" suggests that the optimal course is somewhere in between the pure
"Red" and "Green" light models.17

PRINCIPLES OF ADMINISTRATIVE LAW

1. Judicial Review

The ability of the court to ensure that those making decisions for the government follow the
law is known as judicial review of administrative acts. The term "administrative law" refers
to a broad range of legal restrictions on governmental actions. It is often the case that in the
exercise of legal authority, one must use discretion to choose between options or, in certain
situations, to take no action at all. However, the essential feature of discretion is that it is
legally limited. Any power that went beyond these limits would be arbitrary. The principles
of judicial review serve as legal limits on the use of discretionary power. Judicial review
focusses on the decision's legality rather than its specific merits.
SP Sampath Kumar v. UOI18
 Administrative Tribunals: The Court supported the function of administrative
tribunals in resolving disputes and underlined their significance. It did, however,
nevertheless urge that tribunals remain independent and that they adhere to natural
justice principles.
 Significance: By establishing alternative dispute resolution procedures in
administrative cases, the ruling upheld the need for impartial administrative action
review while relieving the load on traditional courts.

17
A.K. Gupta, 'Administrative Discretion and Accountability in Indian Law' (2019) National Law Review
<https://www.nationallawreview.org/discretion > accessed on 3 September 2024
18
S. P. Sampath Kumar v. Union of India (1987) 1 SCC 124

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Tata Cellular v. UOI19
 Judicial Review of Executive Orders: In this case, judicial review of administrative
rulings—particularly those pertaining to government contracts—was the main
emphasis. The Court reasoned that judicial review must guarantee that the decision-
making process is free from arbitrariness or irrationality since it is focused on the
process rather than the conclusion itself.
 Significance: This case set the rules for judicial review of administrative decisions,
especially when it comes to government contracts. It made clear that courts should
only uphold justice and logic rather than serving as an appeal body.

2. Principle of Legitimate Expectation

The establishment of "legitimate expectation" by the legislation actually helped to restrict the
right to be heard. It first arose in an English lawsuit involving international students studying
"scientology" who were refused renewals of their admission permits because of a policy
established by the Home Secretary, who said that this cult would not be entitled to any
special treatment. They had no right to a hearing since they had no reasonable expectation of
an extension over the designated time, even if it would have gone against their sincere
expectations. Official policy announcements have the power to establish or dispel reasonable
expectations.

3. Principle of reasonableness

The concept of discretionary decision-making is one of administrative law's main issues. The
word "discretion," provided that everyone is involved in the process, indicates the
administration's determination to achieve its goals without behaving arbitrarily. It can choose
from a range of possibilities with this ability, but the reasonableness principle limits its
choices. This idea explains the logical relationship that must exist between discretionary acts
and the evaluation of all pertinent public and private interests under the particulars of the
situation.
Maneka Gandhi v. UOI20
 Administrative Law Scope: In view of the Constitution's Article 21, which guarantees
the right to life and personal liberty, this judgement broadened the parameters for
19
Tata Cellular v. Union of India (1994) 6 SCC 651
20
Maneka Gandhi v Union of India (1978) 1 SCC 248

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 judicial review of administrative actions. According to the court, the legal process as
stipulated in Article 21 ought to be impartial, rational, and fair. An administrative
action that is arbitrary may be contested.
 Significance: By requiring executive decisions to adhere to the fairness and
reasonableness standards in addition to the law, this judgement expanded the
application of procedural fairness in administrative acts and signalled a move towards
due process.
4. Principle of Natural Justice

"Not only should justice be done, but it should be seen to be done" It is not a written law;
rather, it is shaped by the decisions made by judges. It seems to have existed for the same
amount of time as the legal system. It is now seen as, in a way, "an essential inbuilt
component" of the system that makes decisions about matters relating to people's rights and
liberties easier to make. This is unquestionably a procedural requirement, but it also offers a
strong defence against any court or administrative decision or action that might have a
detrimental effect on a person's substantive rights.
A.K. Kraipak v. UOI21
 Administrative Law's Character: The ruling in this case is regarded as a turning point
in the evolution of administrative law in India. The Supreme Court ruled that it is
becoming more difficult to distinguish between quasi-judicial and administrative
duties. The Court held that where administrative acts have an impact on rights, natural
justice principles must be followed.
 Significance: The case demonstrated the importance of applying natural justice in
administrative processes. It shown that administrative acts can be contested in court if
they contravene fairness and rationality standards, expanding the purview of judicial
review.
5. Principle of Rule of Law
“Where laws do not rule, there is no constitution." The idea of the rule of law was first
proposed by Aristotle, who observed that, given the choice, the monarch who upheld the law
was unquestionably superior than the king who ruled by judgement. A basic component of
the rule of law is the supremacy of the law over both the people and the government. The rule
of law dictates that every person, regardless of position or standing in society, must abide by
the law. Though it's typically a good idea to be cautious about legal thinking trends, there is
21
A.K. Kripak v Union of India (1970) 1 SCC 409

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much support for the notion that the rule of law is the cornerstone of modern administrative
law.

6. Principle of Accountability
According to the accountability principle, platforms must be set up where decision-makers
may be held accountable and asked to defend their choices. This kind of accountability might
be legal or political. At the political level, a minister should answer to Parliament in order to
provide justification for actions that are made that serve the interests of the country. The
courts can hold decision-makers accountable for the legality of their decisions according to
the judicial review principles. The accountability concept facilitates the differentiation
between directiveness and capriciousness. An arbitrary authority is unconstrained,
unconstrained by boundaries, and consequently uncontrollable by the legal system.
R.D. Shetty v. International Airport Authority of India22
 The public function doctrine The Court came to the conclusion that any public
authority or State instrumentality that takes administrative action that impacts the
public interest must adhere to the standards of reasonableness and justice.
 Significance: The decision established the public function doctrine, which expanded
the application of administrative law by holding state-owned organisations or
agencies that carry out public functions accountable to the fairness and rationality
standards of the law.
7. Classification of Power
When assessing any undue delegation of power to the executive branch, the idea of the
division of powers comes in handy. Knowing where the judicial and executive branches of a
government stop and where they begin is essential. This theory is fundamental to the idea of
constitutionalism as well as the organisation of a state, insofar as it outlines the appropriate
division of powers among various institutions and the bounds of those powers. Constitutions
have been created largely because to this principle. For example, the extent to which
authorities could and should be maintained separate and distinct was a key factor in the
draughting of the American and French revolutionary constitutions. Every state has the
legislative, executive, and judicial branches as its three main institutions. It is necessary to
evaluate these bodies' interactions in the context of the guiding idea. The fundamental tenet
of the theory is that, in order to prevent any one body from gaining excessive power and to

22
R.D. Shetty v International Airport Authority of India (1979) 3 SCC 489.

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guarantee that there is a system of checks and balances between the various branches, the
roles of the legislative, executive branch, and judiciary should ideally be clearly distinct from
one another.
Ram Jawaya Kapoor v. State of Punjab23 is a historic case involving the authority and duties
of the executive branch of government that was resolved by the Indian Supreme Court.
Understanding the division of powers between the executive, legislative, and judicial
branches of the Indian constitution depends on this ruling.
 Facts of the case- The Punjab government's decision to take over the production,
publishing, and sales of textbooks was challenged in this case by the petitioners, who
owned and operated textbook printing and sales firms. The petitioners said that this
government act was unlawful since the legislature had not specifically approved a
legislation giving the government this authority.
 Issue- The main question was whether or not a state's executive administration could
produce and publish textbooks without a special legislative authorisation, or if this
was outside of their purview.
 Judgment- In a majority ruling, the Supreme Court decided that the government's
executive power extends beyond carrying out the laws that the legislature has enacted.
As long as the executive's actions stay within the bounds of the Constitution and do
not violate any laws, it is also authorised to engage in business. The Indian
Constitution's Article 162 states that the state's legislative and executive branches are
coextensive. This implies that even in the lack of a particular law, the executive can
act in areas where the legislative is empowered to enact legislation. The separation of
powers theory was maintained, acknowledging that although the legislative enacts
laws, the executive branch has the authority to take action in areas where legislation
has not yet been passed.
 Significance- The breadth of executive authority in India was made clear by this case,
which emphasised that the executive has its own domain of action, including areas of
governance that do not require previous parliamentary approval. The executive is not
only the legislature's agent. It established that the executive branch may act when no
legislation forbids it, provided that the state legislature has the authority to do so. The
ruling upheld the principle that the government can engage in business endeavours
that serve the public good and that, unless specifically mandated by the Constitution
or other legal laws, such acts are not always subject to strict legal requirements.
23
Ram Jawaya Kapoor v State of Punjab AIR 1955 SC 549

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Air India v. Nargesh Meerza24 is a landmark case in Indian law, particularly in the context of
gender equality and employment rights. In this case, the Supreme Court of India dealt with
the constitutionality of certain provisions in the Air India Employees Service Regulations that
discriminated against female employees, specifically air hostesses.
 Facts of the case- According to regulations in Air India, female air hostesses would be
fired if they married within four years of starting their employment
or became pregnant or attained 35 years of age, or fulfilled 25 years of service,
whichever came first. Leading the charge against these rules was Nargesh Meerza,
one of several air hostesses who claimed that they were discriminatory, arbitrary, and
infringed against their basic rights as outlined in Articles 14, 15, and 16 of the Indian
Constitution (the right to equality and against discrimination).
 Issue- Was there discrimination in the rules surrounding terminations because of
marriage or pregnancy? Was it unlawful to require air hostesses to retire at age 35 or
after 25 years of service?
 Judgement- The Supreme Court invalidated the clauses pertaining to pregnancy and
abortion based on marriage within four years. The court determined that they violated
Article 14 (the right to equality) by being discriminatory and arbitrary.
They discriminated against women based only on their sex, which is against Article
15. The court reasoned that penalising flight hostesses for being pregnant was against
human dignity and unlawful as pregnancy is a normal byproduct of marriage and
womanhood.

CONCLUSION

24
Air India v Nargesh Meerza (1981) 4 SCC 335.

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Administrative laws are those that regulate the Executive's activities and protect the public
from any abuse of power by the Executive or any of its representatives. It's still a very new
field of law, and it will continue to evolve to meet changing societal needs. Over time, it has
evolved. Bringing the Executive's discretionary powers into line with the "Rule of law,"
rather than removing them, is the aim of administrative law. A crucial part of public law is
dealt with by administrative law. Its ongoing development is essential to the contemporary
regulatory state's checks and balances, ensuring that citizens' rights and freedoms are upheld
even as intricate policy goals are pursued. In order to ensure that government agencies
uphold individual rights while operating within the bounds of their legal authority,
administrative law is essential. Administrative law provides a framework for controlling
public authorities' behaviour, which guarantees openness, accountability, and justice in the
use of public authority. It is an essential instrument for preserving the harmony between the
efficient operation of the state and the defence of the people against capricious or illegal acts.
It provides a channel for legal challenges and remedy for people and companies impacted by
government policies through mechanisms including judicial review and administrative
procedures. Administrative law continues to be crucial for fostering effective administration,
defending the public interest, and guaranteeing fairness in the relationships between the state
and its citizens as governments take on more and more responsibilities in many spheres of
society.

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BIBLIOGRAPHY

BOOKS

1. I.P. Massey, Administrative Law (9th edn, Eastern Book Company 2017).

2. C.K. Takwani, Administrative Law (5th edn, Eastern Book Company 2012).

3. M.P. Jain, Principles of Administrative Law (9th edn, Lexis Nexis 2021).

4. Paul Craig, Administrative Law (7th edn, Sweet & Maxwell 2007).

Online Articles:

1. M.P. Jain, 'Administrative Law in India: An Overview' (2015) Indian Journal of

Administrative Law <https://www.ijadminlaw.org/overview > accessed on 1
September 2024

2. S.K. Verma, 'Judicial Review of Administrative Actions in India' (2018) Journal of

Indian Law and Society <https://www.jils.org/judicial-review > accessed on 1
September 2024.

3. P.S. Joshi, 'Principles of Natural Justice and Administrative Law in India' (2017)
Supreme Court Journal <https://www.supremecourtjournal.org/natural-justice
>accessed on 2 September 2024

4. R. Narayan, 'The Role of Administrative Tribunals in India' (2016) Indian

Administrative Review <https://www.indianadminreview.org/tribunals>accessed on 2
September 2024.

5. A.K. Gupta, 'Administrative Discretion and Accountability in Indian Law' (2019)

National Law Review <https://www.nationallawreview.org/discretion> accessed 3
September 2024.

6. N.K. Sharma, 'The Evolution of Administrative Law in India' (2020) Journal of

Indian Legal Studies <https://www.jils.org/evolution> accessed on 4 September 2024.

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