Detailed Guide To Scope Of Administrative Law

What if there were no rules for government officials? Could your rights be protected if a public office denied you a license unfairly or enforced a rule without authority? This is where administrative law comes in. It defines how government agencies should operate, ensuring they don't abuse their power. It also provides a way for you to challenge any unjust actions that may affect your rights.

In this article, we’ll explore the broad scope of administrative law, from everyday interactions with public services to complex regulatory matters. Understanding it helps you know your rights and the limits of government power. Let’s dive in and break down its nature, sources and more in detail.

What Is Administrative Law? 

The law that deals with the authority, duties, and responsibilities of different state organs is known as administrative law. As "administrative law" has varied meanings to various theorists, there is no particular definition that applies to all of them.  Administrative law is the law that relates to administration, according to Ivor Jennings. It establishes the composition, authority, and responsibilities of administrative authorities. 

As per Austin, the purpose of administrative law is to ascertain the objectives and methods for the exercise of sovereign powers. 

The following methods will be used to exercise them: 

• directly from the monarch of the sovereign member 

• directly from lower-ranking political superiors, to whom some of those are entrusted or assigned. 

According to K. C. Davis, Administrative law is the body of legislation pertaining to the authority and processes of administrative agencies, particularly the laws governing the judicial review of administrative actions.

Nature Of Administrative Law 

The following are the key characteristics of administrative law:

• Not a Codified Law: Unlike the Indian Penal Code or the Law of Contracts, administrative law is not codified. The Constitution serves as its foundation. 

• A Subset of Public Law: Administrative law deals with the rules and regulations that control how administrative agencies operate. The government established these organisations to oversee and carry out laws and regulations in a number of areas. It includes healthcare, transportation, the environment, taxes, and more.

• Authority Balance: The goal of administrative law is to strike a balance between the requirement for effective management and the defence of individual liberties and rights. By giving administrative agencies the power they need to perform their jobs well, it seeks to prevent abuse of authority.

• Regulates Administrative Agencies: Administrative law defines their structure, authority, duties, and protocols. It establishes the legal framework that controls these agencies' activities and makes sure they abide by the law and act within the bounds of their jurisdiction.

• Rule-Making and Application: The process used by administrative agencies to create rules is a crucial component of administrative law. These organisations have the power to enact rules and regulations in order to carry out laws and directives. The application of these regulations is also governed by administrative law, which guarantees impartial and consistent decision-making.

The Growth Of Administrative Law 

The state's evolving position has had a major impact on the development of administrative law. The state used to place a high premium on upholding social welfare and law and order.

Let's examine how administrative law has changed in India.

In ancient India, the Mauryans and Guptas established a centralised administrative system. The administrative laws of India saw several modifications with the entrance of the British. Rules controlling administrative activities were enacted in British India.

India made the decision to become a welfare state after gaining independence, which increased the amount of government work. "Rule of Law" and "Judicial Review of State actions" became increasingly important as the duties and powers of governments and administrative entities expanded.

If administrative authorities issued rules, orders, or regulations that were found to go beyond their legislative jurisdiction, they were to be considered ultra-vires, unlawful, unconstitutional, and invalid.

Reasons For The Growth Of Administrative Law 

Administrative law has increased significantly in the last several years, and administrative institutions now have a greater role in governing society. These are a few explanations for its expansion.

The Idea Of A Welfare State

Regulations were more necessary as government activity expanded and the states transitioned from being laissez-faire to welfare states. As a result, this area of law evolved.

Insufficiency Of The Legislative

The government can't pass legislation to meet society's constantly changing needs regularly. Even if it succeeds, the protracted and laborious legislative procedure would render the legislation useless by the time it takes effect since the demands will have evolved. This gives the government the power to pass laws and use its judgement. Therefore, there is a need to limit the granting of authority.

The Judiciary's Lack Of Effectiveness

The legal process for making decisions is incredibly formal, expensive, and sluggish. Furthermore, it is not possible to dispose of suites quickly due to the large backlog of cases. Thus, the requirement for tribunals emerged.

Extent Of The Experiment

Since administrative law is not codified, it can be changed to meet the needs of the government apparatus. It is hence more adaptable. Repeatedly adhering to strict legislative processes is unnecessary.

Avoidance of Technicalities

Administrative law represents a functional approach as opposed to a theoretical and legislative approach. In the past, the court was technical, conservative, and rigorous. Courts are unable to make decisions without resorting to formalities and technicalities. Administrative tribunals are not restricted by the norms of evidence or procedure. It allows them to settle complex cases by using a pragmatic approach.

Preventive Actions

Administrative agencies have the authority to take prophylactic action, in contrast to traditional courts of law. They are not obliged to wait for parties to come to them with their disagreements. Taking preventive action is usually more advantageous and produces better outcomes than punishing someone after they have broken the law.

Scope of Administrative Law 

Administrative law encompasses a wide variety of topics, acts, and government duties. It oversees the conduct of public servants, administrative agencies, and authorities, making sure that their acts are legitimate, open, and accountable. 

The following are the main areas that administrative law covers:

Evaluation by the Court

Judicial monitoring is a key component of administrative law. Courts can verify administrative decisions are lawful, reasonable, and equitable by using judicial review. It guarantees that no government agency acts "ultra vires," or beyond its power, and shields people from unfair judgements.

Openness and Accountability

The public's accountability to government entities is guaranteed under administrative law. This entails ensuring that agencies behave honestly, follow the right processes, and give justification for their judgements. Government confidence is increased and abuse of power is prevented by public accountability.

Delegated Law

Legislatures frequently provide administrative agencies the authority to enact certain rules and regulations. Delegated legislation is the term used for this. This procedure is governed by administrative law to guarantee that agencies do not abuse their authority and that there are checks and balances on the way they establish and implement these regulations.

Preference of the Administration

Administrative agencies frequently possess discretionary powers that enable them to decide cases according to their unique circumstances. But this latitude needs to be exercised sensibly, equally, and within the bounds of the law. This authority is safeguarded against misuse by administrative law.

Settlement of Conflicts

Administrative law offers channels for settling conflicts between citizens and the government. Using administrative tribunals, which provide more specialised and expedited conflict resolution than traditional courts, is one way to do this.

Governmental Operations and Law

Environmental protection, healthcare, education, and taxes are among the public services and areas governed by administrative law. It guarantees that laws are followed and government rules are administered equitably in these areas.

Remedies

Administrative law provides remedies to anyone who has been wronged by administrative acts under administrative law. Appeals, judicial review, and the ability of courts to overturn or amend administrative decisions that are shown to be illegal or irrational are some examples of these remedies.

Sources of Administrative Law 

Administrative law norms and concepts can be found in a variety of sources. The main bodies of administrative law in India are listed below.

India's Constitution

It serves as administrative law's main source. According to Article 73 of the Constitution, the Union's executive authority covers subjects on which the Parliament is authorised to enact laws. Article 62 grants States comparable authority. The strict application of the theory of separation of powers is not acknowledged by the Indian Constitution. Tribunals, the public sector, and government responsibility are all significant components of administrative law that are included in the Constitution.

Acts And Statutes

Laws enacted by the federal and state governments enable the administrative branches to perform a range of duties essential to the upkeep of law and order, tax collection, economic development, and social progress. 

Ordinances

The executive branch is authorised to make ordinances under Articles 123 and 213 when the parliament is not in session.

Rules

The General Clause Act of 1897 defines it. It is the decision made with the authority granted by any law. It could apply to a specific person or the broader population.

Circulars And Regulations

It means that the public is informed about the government's choices, directives, and acts. Within the context of administrative rulemaking, it refers to or denotes the circumstance in which authority is granted to establish the date on which an Act would come into effect. This may also have to do with the exclusions from price and rate fixing.

Directions

It is a statement of an administrative rule issued in accordance with a law or a rule created in compliance with one. These might be required or suggested.

Schemes And Notifications

It describes the circumstance in which the law gives the administrative authorities the authority to establish a framework that specifies how the specific administrative activity will be carried out.

Judicial Rulings

The court is the last arbiter in any dispute between the several branches of government or between the people and the government. In India, the Supreme Court has the authority to interpret the Constitution, which has the ultimate power.  Administrative rules that control government employees' future behaviour are established by the courts via their diverse rulings on the administration's use of authority, the government's culpability for breach of contract, and the tortious actions of government employees.

Cases Related to Administrative Law 

Here are a few notable instances related to administrative law in India:

Case 1. A.K. Kraipak v. Union of India (1969) 

The issue involved the selection process for the Indian Forest Service, wherein a member of the selection board was also a candidate. The Supreme Court held that administrative decisions must be free from bias. According to this ruling, administrative procedures have to follow natural justice principles in order to be fair.

Case 2. Union of India v. Maneka Gandhi (1978)

Without providing Maneka Gandhi with a fair trial, the government seized her passport. For a detailed explanation of this case and its impact on Indian constitutional law, check out the full case analysis of Maneka Gandhi vs. Union of India. According to the Supreme Court, administrative activities that impact basic rights must adhere to natural justice norms. One of the core components of administrative law is the right to a fair trial.

Case 3. Vineet Narain v. Union of India (1996) 

High-level corruption, particularly involving politicians and bureaucrats, was at issue in this case. The Supreme Court created rules that held the Enforcement Directorate and the Central Bureau of Investigation responsible and independent in their administrative activities.

Case 4. Bangalore Medical Trust v. B.S. Muddappa (1991)

The Bangalore Development Authority allocated land meant for public parks to private parties. The Supreme Court ruled against this administrative decision, emphasising that the authorities must act in the public interest and not for private gain, setting a precedent for accountability in administrative actions.

Conclusion 

In summary, a key component of contemporary government is administrative law, which makes sure that administrative authority is used within the bounds of the law. It upholds a balance between private interests and the general welfare, defends individual rights, and encourages responsibility and openness. Controlling the use of administrative authorities and preventing their misuse requires the study and development of administrative law. Administrative law helps to build a fair and effective administrative system by preserving the rule of law.