Administrative Law

Overview of Administrative Law

Introduction to Administrative Law

Administrative Law governs the activities of administrative agencies of government, including rulemaking, adjudication, and enforcement of regulatory agendas. It ensures accountability, transparency, and fairness in administrative actions and decisions, protecting citizens' rights by providing remedies against the excesses and abuses of administrative power.

Historical Development of Administrative Law

The development of administrative law from ancient practices, through the British period, to modern developments post-independence, adapting to the needs of a democratic society and welfare state.

Constitutional Basis of Administrative Law

• Article 14: Right to equality and prohibition of arbitrary action.
• Article 19: Protection of certain rights regarding freedom of speech, etc.
• Article 21: Right to life and personal liberty, interpreted to include the right to a fair and just procedure.
• Article 32 and 226: Judicial review and the power of the Supreme Court and High Courts to issue writs.

Rule of Law

The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced. It includes components like legal certainty, legal transparency, access to justice, and the prevention of arbitrary use of power.

Separation of Powers

The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another. It maintains a system of checks and balances and is essential in administrative law.

Delegated Legislation

• Definition: Legislation made by an executive authority under powers given to them by an act of parliament or legislature.
• Types: Rules, regulations, orders, bylaws, and notifications.
• Control Mechanisms: Parliamentary control, judicial control, and procedural control.

Administrative Adjudication

• Definition: The process by which an administrative agency issues an order, such as a decision on the rights of parties or enforcement actions.
• Tribunals: Specialized adjudicatory bodies designed to handle specific types of disputes.
• Principles: Natural justice, including the rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem).

Principles of Natural Justice

• Rule Against Bias (Nemo Judex in Causa Sua): No one should be a judge in their own cause.
• Right to a Fair Hearing (Audi Alteram Partem): The right to be heard before an adverse decision is made.
• Reasoned Decisions: Requirement for administrative authorities to provide reasons for their decisions to ensure transparency and accountability.

Judicial Review of Administrative Actions

• Grounds for Judicial Review: Illegality, irrationality (Wednesbury unreasonableness), procedural impropriety, proportionality, and violation of fundamental rights.
• Remedies: Writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
• Landmark Judgments: Cases like Maneka Gandhi v. Union of India, A.K. Kraipak v. Union of India, and State of West Bengal v. Anwar Ali Sarkar.

Administrative Discretion

• Definition: The flexibility given to administrative authorities to make decisions within the bounds of their legal authority.
• Limits: Must be exercised reasonably, fairly, and in good faith, and not arbitrarily or capriciously.
• Control: Judicial review, parliamentary oversight, and procedural safeguards.

Government Liability

• Tortious Liability: The conditions under which the state can be held liable for the tortious acts of its employees.
• Contractual Liability: The principles governing the state’s liability in contracts.
• Constitutional Provisions: Articles 299 and 300 of the Indian Constitution.

Public Corporations and Regulatory Agencies

• Definition: Public corporations are government-owned entities created to undertake commercial activities, while regulatory agencies are bodies established to oversee specific industries or practices.
• Functions: Providing services, regulating industries, protecting public interest.
• Accountability: Subject to parliamentary scrutiny, judicial review, and public accountability mechanisms.

Right to Information

The RTI Act, 2005 provides for the right to information for citizens to secure access to information under the control of public authorities, promoting transparency and accountability in the working of every public authority. It includes exemptions for information affecting national security, personal privacy, and other sensitive areas.

Ombudsman and Lokpal

An Ombudsman is an official appointed to investigate individuals' complaints against maladministration, especially that of public authorities. The Lokpal and Lokayuktas Act, 2013 established the institution of Lokpal for the Union and Lokayuktas for States to inquire into allegations of corruption against public functionaries.

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• Study Key Concepts Thoroughly
• Case Law
• Mock Tests and Past Papers
• Understanding Concepts

Related Questions for Administrative Law

Multiple Choice Questions (MCQs)