Introduction of Administrative Law
Introduction of Administrative Law
Administrative law is part of the branch of law commonly referred to as public law, the law
which regulates the relationship between the citizen and the state and which involves the exercise
of state power. So, it is a part of the legal framework for public administration. Public
administration is the day-to-day implementation of public policy and public programs in
areas as diverse as immigration, social welfare, defence, and economic regulation—indeed in
all areas of social and economic life in which public programs operate.
Administrative law is the body of law that governs the activities of administrative agencies
of government. Government agency action can include rule making, adjudication, or the
enforcement of a specific regulatory agenda. Administrative law is considered a branch of
public law. Administrative law deals with the decision making of such administrative
units of government as tribunals, boards or commissions that are part of a national regulatory
scheme in such areas as police law international trade manufacturing the environment,
taxation, broadcasting immigration and transport. Administrative law expanded greatly during
the twentieth century, as legislative bodies worldwide created more government agencies to
regulate the social, economic and political spheres of human interaction.
Administrative law is a branch of public law that is concerned with the procedures, rules, and
regulations of a number of governmental agencies.
Administrative law is that body of law which applies for hearings before quasi-judicial bodies,
boards, commissions or administrative tribunals supplement the rules of natural justice with their
own detailed rules of procedure. Through jurisprudence, common law or case law, these
principles have each been expanded and refined beyond their original simplistic design to form
distinct bodies of law forming together what the legal system refers to as administrative law.
Administrative law deals with the legal control of government and related administrative
powers. In other words, we can define administrative law as the body of rules and regulations
and orders and decisions created by administrative agencies of government.
Administrative law consists of complaints respecting government action that adversely affects an
individual. Thus, administrative law involves determining the legality of government actions.
There is a two-fold analysis: the legality of the specific law itself and the legality of particular
acts purportedly authorized by the specific law.Governments cannot perform any act by itself.
Governments act through government officials who
must act within certain limitations. A government’s power to act comes from legislation. Thus,
must act within the parameters (or scope) of such legislation which give their
actions lawful authority. These are lawful actions. If government officials act outside the scope
of their lawful authority and individuals are affected by these acts, then the principles of
administrative law provide individuals with the ability to seek judicial review of the
administrative action and possible remedies for the wrongful acts.
Sources of Administrative Law:
6.1 Constitution
The Constitution is the creator of various several administrative bodies and agencies. It gives
brief details about the mechanism and the administrative powers granted to various authorities.
The Constitution is the supreme law of the land. Any law or act which is inconsistent with it has
no force or effect. The effect of this provision is that laws and administrative acts must comply
with the Constitution. The Constitution is binding on the executive branch of government in
every sphere of administration. Constitution establishes a variety of agencies and
administrative structures to control the exercise of public power.
Acts and Statutes passed by legislature are important sources of administrative law because they
elaborately detail the powers, functions and modes of control of several administrative bodies.
6.3 Ordinances, Notification and Circulars Ordinances are issued by the President (at Union /
Federal level) and Governor (at State level) and are valid for a particular period of time. These
ordinances give additional powers to administrators in order to meet urgent needs.
Administrative directions, notifications and circulars provide additional powers by a higher
authority to a lower authority. In some cases, they control the powers.
Judicial decisions or judge-made law have been responsible for laying down several new
principles related to administrative actions. They increased the accountability of administrative
actions and acted as an anchor between the notifications, circulars etc. to be linked and complied
directly or indirectly with the constitutional or statutory provisions.
Participatory
Consensus oriented
Accountability
Effective and efficient
Equitable and inclusive
Rule of law
Transparent
7.5 Principle of natural justice
“Not only should justice be done, but it should be seen to be done” It is not a written law but has
been developed by courts in process of their judicial decisions. It seems to be as old as the
system of dispensation of justice itself. It has by now assumed the importance of being, so to say,
"an essential inbuilt component" of the mechanism, through which decision making process
passes, in the matters touching the rights and liberty of the people. It is no doubt, a procedural
requirement but it ensures a strong safeguard against any Judicial or administrative; order or
action, adversely affecting the substantive rights of the individuals