This article is written by Duvada S H Neha Choudhury of 3rd Semester of Damodaram Sanjivayya National Law University, DSNLU
ABSTRACT
The government is classified into three branches i.e., the legislature, the executive, and the judiciary. The legislature makes the laws, the executive implements them i.e., brings them into action and the judiciary interprets the law. The legislature has the authority to make statutes and while making statutes, the statutes also give authority for the formation of the new executive and judicial bodies. These bodies work under the ministries which make the particular law, and to implement it they can make rules and regulations if required to implement it hence giving the administrative wing the legislative i.e., law-making power, hence creating confusion and disparity of powers among the three organs. There can also be a tendency for citizens’ private rights to get affected and violated. The absolute power might be misused by the administrative organ of the government if all the legislative and judicial power is given to the public administration wing. To avoid the imbalances of power and to control the governmental authority, the idea of administrative law comes to light.
Administrative law means the law which governs the powers, roles and responsibilities, and functions of the public authority. It provides a legal framework to the administrative bodies. It studies the law which is made by the administration and controls it. In this article, we will learn the meaning, definitions, background, sources, and classification of this law. For a better understanding of the topic, we will also go through a few important case laws.
Keywords: Administrative law, Sources, Classification, Nature, Control of power.
INTRODUCTION
“Concentration of power is tyranny”- James Madison
Administrative law is the law that regulates the activities of governmental organisations. It’s a branch of public law. Administrative laws are made by the legislature, but for the implementation of this law, the executive might make rules and regulations, and changes if required which indirectly gives the legislative authority to the administrative organ i.e., the executive. For the same implementation, the administrative body can also establish judicial offices for interpreting the law as that could be a subject matter, which could be settled only by the experts of that specific subject matter. In this way, the power might get concentrated by only one particular organ of the government which might lead to tyranny. If these imbalances are there then there is a risk of individuals rights being violated and public interest being affected hence leading to chaos in the society. To avoid all these problems and chaos there is a need for a law that can regulate the organisations that are handled by the government to protect individual rights and public interest. That law is administrative law. Administrative law provides a legal framework for public administrative bodies in India and protects the personal liberty of the citizens.
MEANING OF ADMINISTRATIVE LAW
Administrative law is the branch of law that deals with the formation and functioning of administrative bodies and controls them. These administrative bodies are those bodies that are controlled by the executive branch of the government which include various departments like tax, environment, labour, and health, etc., It deals with the legal working and decision-making of these agencies. It monitors the relationship between the state and the people and provides remedies to those people whose rights and individual liberty are affected due to the abuse of power by administrative agencies. It ensures transparency in the working, decision-making, and administration of these bodies. Tribunals, boards, and commissions are all dealt with under administrative law. This body of legislation also includes provisions for police, international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transportation.[1]
An administrative law sets the organisational and authority frameworks of administrative and quasi-judicial organisations to enforce the law. Administrative law creates a regulatory mechanism that is primarily focused on government and administrative operations and processes to prevent agencies of administration from becoming arbitrators. It is not a codified statute since it has changed through time. This stops the government from exploiting or misusing the power bestowed upon it.[2]
DEFINITION OF ADMINISTRATIVE LAW
Administrative law has been defined by various jurists and scholars. Scholars have viewed administrative law from various perspectives. Therefore, there is no universally accepted definition for administrative law. The various definitions of this law are mentioned below-
According to Prof. H.W.R. Wade; Administrative law is the law relating to the control of governmental powers.[3]
According to Ivor Jenning, Administrative law is the law relating to administration. It helps in determining the organisation, powers, and duties of Administrative authorities.[4]
According to K.C. Davis; Administrative law is the law concerned with the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action.[5]
According to the Indian Law Institute, Administrative law deals with the power of administration, how those powers are exercised, what are the limits on those powers, how these powers are kept within those limits, what procedure is followed by administrative authorities, and what are the remedies available to a person when affected by the administration.[6]
BACKGROUND OF ADMINISTRATIVE LAW
In India, the history of administrative law can be dated back to the later Vedic period during the existence of glorious empires like the Mauryans and Guptas. These dynasties are known for their central administrative system. The concepts of justice and fairness were considered supreme by the kings and the administration carried on these concepts. Later on, when the East Indian Company was established, the company introduced various statutes for the better functioning of the company and the people. After the company was abolished and the British crown started ruling directly, many laws, statutes, and acts were passed for the welfare of the public. After independence, the country has become a welfare state from a police state. It is mentioned in the constitution as when it was framed, the concept of the welfare state has become more popular and it was mentioned even in the directive principles of state policy in the constitution. Since it became a welfare state, it had to prioritise the citizens’ welfare. To be a welfare state, the government has to ensure the political justice, social, and economic well-being of the citizen. It should endure equal and fair treatment irrespective of caste, creed, race, religion, and gender. It should provide equal opportunities to everyone. Due to this, the government had to introduce and implement many laws, and because of this, the burden fell on the organs of government to manage them. The judiciary had cases piled up in the courts which made the judicial process slow. To reduce the burden of work on the organs of government, administrative law was introduced. In administrative law, there are tribunals which are quasi-judicial authorities that work under the executive but have judicial authority and functions. Some of the tribunals are company law tribunals, labour law tribunals, etc.[7]
SOURCES OF ADMINISTRATIVE LAW
Administrative law has been derived from various sources. Some of the main sources of this law are mentioned below in detail-
- CONSTITUTION:
It’s considered one of the most important sources of administrative law as the constitution provides the basic legal framework to the state. It provides the powers, functions, limitations, and responsibilities to the organs of the government. According to Article 73[8] associated with the Constitution, the Union’s executive power extends to subjects for which Parliament has legislative authority. Article 62[9] confers similar authority to states. Tribunals, the public sector, and government responsibility are also included in the Constitution, which are essential parts of administrative law.[10]
- JUDICIAL DECISIONS/ PRECEDENTS:
Laws can also be formulated from various case laws. This arises when laws need to be changed as per the requirements of society and there are no laws on that subject matter at that point of time. In the event of a disagreement between several branches of the governmental system or between citizens and the administration, the court is the last arbitrator. In India, the Constitution has supremacy, and the highest court in the land i.e., the supreme court has the right to interpret it. The courts, via their numerous judgements on the administration’s use of authority and the accountability of the state in cases of infringement of contract or tortious acts by government officials, establish administrative rules that regulate their future behaviour.[11]
- ACTS/ STATUTES:
Legislations enacted by Parliament and state legislatures create administrative agencies, grant them authority, and specify their roles and processes. These Acts describe the administration’s tasks, limit its power in certain ways, and provide grievance redressal channels for anyone who was harmed by administrative action.[12] Some of such acts are the company act, right to information act, 2005, competition act, etc.
- ORDINANCES, CIRCULARS, NOTICES, AND ADMINISTRATIVE DIRECTIONS:
These are the documents used by various government departments to create legislation in their respective countries. These documents are often known as A.D. orders or ministerial orders. The primary goal of these texts is to create the legal framework for carrying out the law, creating legal policy, and regulating the operations of local government authorities.[13]Ordinances are promulgated when unforeseen circumstances occur when the legislative body isn’t in session and so cannot establish legislation. The ordinances empower administrators to take the required actions in response to such occurrences. The ordinances are issued by the president of the country. The executive issues administrative instructions, notices, and circulars in the execution of powers conferred by several Acts.[14]
- INTERNATIONAL TREATIES AND CONVENTIONS:
International treaties and conventions can have an impact on administrative law in specific situations. When a nation becomes a party to a treaty, it may be required to change its administrative practices and rules to meet the treaty’s commitments. International treaties on commerce, the environment, and human rights can all influence domestic administrative law.
CLASSIFICATION OF ADMINISTRATIVE LAW
Law is divided into categories to help structure it and make it easier to grasp. Administrative law is also a legal classification. It is an aspect of public law. Administrative law can further be classified into various categories for a better understanding of the law and enables better governance. Some of the categories of administrative law are explained below as follows:
- SUBSTANTIVE ADMINISTRATIVE LAW means the law that deals with the substantive aspects of the law like the rights, responsibilities, and authority of the body. It focuses on the legal power and scope of an administrative agency’s acts, such as the rules and regulations that can be promulgated, the decisions that can be made, and the enforcement measures that can be implemented. Substantive administrative law deals with the legality, legitimacy, and scope of an agency’s power. Some examples of this are the food safety and standards act, competition law, consumer protection act, company law, etc.
- PROCEDURAL ADMINISTRATIVE LAW means the law that deals with procedural aspects of law like the penalties, punishments, and processes of the agency by using the substantive aspects of law i.e., powers, authority, and functions. It provides fairness, openness, and due process in administrative decision-making by giving notices to people, the right to be heard, and the capacity to appeal or seek judicial review of administrative acts. Some examples of this law are the administrative procedure act, income tax act, election laws, etc.
- DELEGATED LEGISLATION is a category in administrative law that delegates or transfers the law-making authority to make rules, regulations, and bylaws for better administrative bodies. Through this power, the agencies can make amendments to the act and add provisions if needed to fill the gaps in the laws. This power is delegated with limitations and reasonable restrictions so that the administrative agencies cannot misuse the powers. Rules and regulations created by agencies like the Reserve Bank of India (RBI) regarding the operation of banks, the Securities and Exchange Board of India (SEBI) for monitoring securities markets, and the Central Board of Direct Taxes (CBDT) for income tax rules are examples of delegated legislation in India.
- INTERNAL ADMINISTRATIVE LAW focuses on the internal operations, processes, and relations of administrative agencies. It regulates things like organisational structure, decision-making procedures, authority delegation, and internal governance systems. Internal administrative law guarantees that administrative agencies work effectively, efficiently, and following the norms and regulations in place.[15] In India, for example, the Department of Personnel and Training (DoPT) develops internal administrative regulations and standards for government ministries and public personnel.
- EXTERNAL ADMINISTRATIVE LAW refers to the interaction between administrative agencies and external entities such as persons, organisations, and other divisions of government. It governs administrative agencies’ powers, activities, and choices as they engage with the public and other stakeholders. It ensures administrative activities are transparent, fair, and accountable. In India, for example, the Right to Information Act, 2005 is an external administrative legislation that grants citizens access to information maintained by public bodies, including administrative agencies.
- RULEMAKING, ENFORCEMENT & ADJUDICATION
Rulemaking: In India, administrative authorities have the jurisdiction to create rules and regulations that regulate various sectors. The Reserve Bank of India (RBI), for example, creates rules and regulations to control banking activities, such as standards for loans, interest rates, and capital requirements.
Enforcement: Administrative agencies are responsible for enforcing the rules and regulations that they have set. In India, the Central Pollution Control Board (CPCB) is in charge of enforcing environmental legislation, conducting inspections, and prosecuting non-compliant enterprises or persons.
Adjudication is described as the legal procedure in which a judge or arbitrator evaluates evidence and arguments presented by different parties to reach a conclusion on the matter at hand.[16] For example, The Telecom Regulatory Authority of India (TRAI) adjudicates telecom industry disputes such as licensing concerns and price disputes
CASE LAWS
- L. CHANDRA KUMAR v. UNION OF INDIA[17]
In this case, L. Chandra Kumar, the petitioner, challenged the legality of several sections of the Administrative Tribunals Act, 1985. The petitioner said that the Act, which established administrative tribunals to adjudicate service issues, violated the fundamental structure of the Constitution by intruding on the judiciary’s jurisdiction. The issue was a disagreement on the jurisdiction and powers of administrative tribunals in comparison to normal courts. The Supreme Court ruled that Tribunals are the courts of first instance in the fields of law for which they were established. Through an appeal, all Tribunal rulings are reviewed by the Division Bench of the High Court, under whose authority the concerned Tribunal falls.[18]
- TATA CELLULAR V. UNION OF INDIA[19]
The case principally concerned the government’s use of executive authority in awarding licences for mobile telecommunications services. The Supreme Court has ruled that the government has the power to refuse the lowest or any other tender, but that the criteria outlined in Article 14 of the Constitution must be considered when accepting or declining a tender. If the government strives to acquire the most competent person or the ideal quote, there is no violation of Article 14. The right to choose cannot be seen as an arbitrary authority. Of course, if the aforementioned authority is used for any other purpose, the exercise of such power will be null and void.[20]
- UNION OF INDIA v. UPENDRA SINGH[21]
In this case, the Supreme Court held that the Tribunal cannot take over the tasks of the disciplinary body. The disciplinary authority will investigate whether or not the accusations are true. Indeed, even after the disciplinary proceedings have concluded, if the matter is brought before a court or tribunal, they have no jurisdiction to investigate the truth of the charges or the correctness of the findings rendered by the disciplinary authority, or the Appellate Authority, as the case may be. The court/tribunal’s job is one of judicial review, intending to ensure that the individual is treated fairly.”[22]
- A.K. KRAIPAK v. UNION OF INDIA[23]
In this case, a member of a committee charged with selecting applicants for a certain position was a contender for the job himself, and his impartiality was called into question. Though the process of selecting candidates for government positions is administrative, the selection committee is required to behave judicially. The court remarked that the boundary separating administrative authority from quasi-judicial power is exceedingly thin and is increasingly being destroyed. This case also established the principle of natural justice as the foundation of administrative law. The Supreme Court also held that the administrative authorities must follow natural justice principles such as audi alteram partem (hear the other side) and Nemo judex in causa sua (no one should be a judge in their cause) when making decisions affecting individuals’ rights and interests.
- MANEKA GANDHI v. UNION OF INDIA[24]
In this case, the petitioner’s passport has been taken into custody by the passport authorities. The petitioner challenged the authority’s decision. It was ruled that the obligation to act judicially does not need to be established and may be deduced from the basis of the authority bestowed, how it is used, and its effect upon the rights of the individual affected. Although this case focused on the right to personal liberty under Article 21 of the Indian Constitution, it also highlighted the significance of procedural due process in administrative operations. The Supreme Court ruled that in depriving persons of their rights, administrative authorities must follow fair and equitable processes.
CONCLUSION
Administrative law is a law that deals with administrative agencies and controls them. It is a subset of public law. It has been defined by various scholars in different perspectives. There is no universally accepted definition for the same. It has been derived from various sources like the Constitution, judicial decisions, statutes, international treaties, and ordinances, etc. The existence of this law dates back to the later Vedic period but the modern administrative law has its roots from British rule. The law helps in balancing the power and authority of the three organs of the government and also protects individual rights and liberties. This law is classified into various categories for better framework and understanding like substantive, procedural, external, internal, delegated legislation, etc. For a better understanding of the law, the researcher has mentioned a few case laws which played a role in interpreting the law. This law protects the public interests and its classification helps in understanding the relationship between the administrative agencies and individuals better.
In this article, we have discussed the concept of administrative law, its sources, its background, and its classification. We have also discussed a few case laws for a better understanding of the topic.
[1] Administrative law, Rudinski, Orso & Associates, Available on: http://www.williamsport.lawyer/practice-areas/civil/administrative-law/, last seen on 22/06/2023
[2] Administrative law: meaning and significance, tutorials point, Available at: https://www.tutorialspoint.com/administrative-law-meaning-and-significance, last seen on: 22/06/2023
[3] Important definitions of administrative law, SRD Law notes, Available at: https://www.srdlawnotes.com/2019/01/important-definitions-of-administrative.html, last seen on: 22/06/2023
[4] Ibid.
[5] Understanding the nature and scope of administrative law, Taxmann, Available at: https://www.taxmann.com/post/blog/understanding-the-nature-and-scope-of-administrative-law/, last seen on: 22/06/2023.
[6] Supra 3.
[7]Harmanjot Kaur Kang, Administrative Law: all you need to know, ipleaders, Available at https://blog.ipleaders.in/administrative-law-all-you-need-to-know/#Reasons_for_the_growth_of_Administrative_Law, last seen on: 22/06/2023.
[8] Art. 74, the Constitution of India
[9] Art. 64, the Constitution of India
[10] Supra 5.
[11] Ibid.
[12] Ibid.
[13] Sources of Administrative law in India, SRD Law Notes, Available on: https://www.srdlawnotes.com/2022/11/sources-of-administrative-law-in-india.html#:~:text=There%20are%20four%20 main%20 sources,%2C%20 Circulars%2C%20and%20 Judicial%20 Decisions, last seen on: 23/06/2023.
[14] Supra 5.
[15] Gillian E. Metzger & Kevin M. Stack, Internal Administrative Law, 115, Michigan Law Review 1239, 1256 (2017), Available on: https://repository.law.umich.edu/mlr/vol115/iss8/1 , last seen on: 23/06/2023
[16] Supra 1.
[17] L. Chandra Kumar v. Union of India, (1995) 1 SCC 400
[18] Mohd Aqib Aslam, Various Concepts of Administrative law, Legal services E-journal, Available at:
review.html, last seen on: 24/06/2023
[19]Tata Cellular v. Union of India JT 1994 (4) SC 532, 7 Student Adv (1995) 141
[20] Supra 5.
[21]Union of India v. Upendra Singh, (1994) 3 SCC 357
[22]This extract is taken from Ranjit Singh v. Union of India, (2006) 4 SCC 153: 2006 SCC (L&S) 631: 2006 SCC OnLine SC 393 at page 158
[23]A.K. Kraipak v. Union of India, (1969) 2 SCC 262
[24]Maneka Gandhi v. Union of India, (1978) 1 SCC 248
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