SUBJECT NAME : ADMINISTRATIVE LAW

SUBJECT CODE:208 BY: Ms. RITIKA

JUNEJA
ASSISTANT
PROFESSOR,
VSLLS,VIPS
What is Administrative Law?
• 3 Organs of the state- Legislature, Executive, Judiciary. Administrative
Law concerned with the executive organs- how the executive will
administer the law?
• According to H.W.R Wade and C.F. Forsyth:
“ The primary purpose of administrative law is to keep the powers of
government within their legal bounds, so as to protect the citizens against
their abuse.”
• The main object of the study of administrative law is to unravel the way
in which administrative authorities could be kept within their limits so
that the discretionary power may not be turned into arbitrary power.
• Thus, it could be understood as the law which deals with powers and
functions of administrative authorities, the procedures to be followed
by them in the exercise of their powers and functions, the
mechanisms of control to their powers and the remedies available to
the person in case of violation of their rights to them.
CONTENTS OF THE SYLLABUS
• Unit-I: Evolution and Scope of Administrative Law
a. Nature, Scope and Development of Administrative Law
b. Rule of Law and Administrative Law
c. Separation of Powers and its Relevance
d. Relationship between Constitutional Law and Administrative Law
e. Classification of Administrative Law
• Unit-II: Legislative Functions of Administration
a. Meaning and Concept of Delegated Legislation
b. Constitutionality of Delegated Legislation
c. Control Mechanism
i. Parliamentary Control of Delegated Legislation
ii. Judicial Control of Delegated Legislation
iii. Procedural control of Delegated Legislation
d. Sub-Delegation
• Unit-III: Judicial Functions of Administration)
a. Need for Devolution of Adjudicatory Authority on Administration
b. Problems of Administrative Decision Making
c. Nature of Administrative Tribunals: Constitution, Powers,
Procedures, Rules of Evidence
d. Principles of Natural Justice i. Rule against Bias ii. Audi Alteram
Partem iii. Speaking Order (Reasoned Decisions)
Unit-IV: Administrative Discretion and Judicial Control of Administrative
Action
a. Need and its Relationship with Rule of Law
b. Judicial Review of Administrative Action and Grounds of Judicial
Review i. Abuse of Discretion ii. Failure to Exercise Discretion iii.
Illegality, Irrationality, Procedure Impropriety
c. Doctrine of Legitimate Expectations
d. Evolution of Concept of Ombudsmen
e. Lokpal and Lokayukta Act and other Anti corruption Bodies and their
Administrative Procedures
Definitions of Administrative Law
• Sir Ivor Jennings, a prominent British lawyer and academic who
wrote popular books like “the law and the Constitution”, defines
administrative law as “the law relating to administration. “He
believes it determines the organization, powers and duties of
administrative authorities.”
• Dicey’s formulation ‘Firstly, it (administrative law) relates to
that portion of a nation’s legal systems which determines the
legal status and liabilities of all state officials. Secondly, defines
the rights and liabilities of private individuals in their dealings with
public officials. Thirdly, specifies the procedures by which those
rights and liabilities are enforced.’
• K.C.Davis - law concerning powers & procedures of administrative
agencies including the law governing judicial review of administrative
action.
• Administrative law deals with- 1) structure, powers & functions of
organs of administration 2) limits of their powers 3) methods &
procedures followed by them in exercising their powers and
functions; & 4) methods by which their powers are controlled
including legal remedies available to person whose rights are
infringed by their operation (Jain & Jain)
OBJECT/PURPOSE OF
ADMINISTRATIVE LAW
• Check abuse of power- Keep govt powers within the limits of law & protect private
rights & individual interest.
• Ensure citizens impartial determination of their disputes by officials.
• Protect them from unauthorised encroachment on their rights.
• To make those who exercise public power accountable to people.
• Ensure public power is not exercised against public interest.
• According to Wade, all powers have 2 characteristics :
1. They are not absolute
2. Likely to be abused.
Thus, Administrative Law attempts to control power of government & its
instrumentalities & agencies.
NATURE AND SCOPE
• Uncodified law.
• Friedmann- It includes law relating to :
(i) The legislative powers of the administration.
(ii) The administrative powers of the administration.
(iii) The judicial and quasi-judicial powers of the administration.
(iv) The legal liability of public authorities.
(v) The power of the ordinary courts to supervise the administrative
authorities.
REASONS FOR GROWTH OF
ADMINISTRATIVE LAW
• Shift from laissez faire system(19th century) to that of social welfare state
(20th century).
• Judicial system inadequate- time consuming procedures, increased number
of cases. Adm. Tribunals- not bound by procedure- speedy justice (Unit-III)
• Legislative system inadequate- increase in number of laws to be framed,
technical in nature.( Unit-II)
• Scope for experiment in administrative process.
• It can avoid technicalities.
• Can take preventive measures. Eg-licensing- can prevent wrong from being
done, while we approach courts when wrong is done.