Author: Bhumi Kamble, A Student at Dr D.Y. Patil College of Law
INTRODUCTION
Laws governing administrative activities are known as administrative laws. Administrative law is the law that deals with administration, according to Ivor Jennings. Administrative authorities’ roles, responsibilities, and structure are established by it. This encompasses legal matters concerning the authority of administrative bodies to establish rules, the quasi-judicial role of administrative agencies, the legal responsibility of public authorities, and the ability of regular courts to oversee administrative authorities. It supervises and guarantees the executive’s equitable treatment of the people.
Public law has an administrative law subset. The interaction between people and the government is the subject. The way administrative and quasi-judicial bodies are constituted and empowered to uphold the law is decided by it.
It establishes a control structure that ensures administrative agencies stay within boundaries and is mostly concerned with official acts and processes.
Administrative law is not a codified legal system, though. It is a statute that was created by judges and changed throughout time.
SCOPE OF ADMINISTRATIVE LAW
The nature, application, and evolution of administrative law.
It becomes crucial to understand the history and development of a certain legal field when one delves deeper into its intricacies. Judge-made laws have developed over time to become administrative law. The law is not codified. It became necessary as administrative actions increased and as its discretionary powers expanded.
Rule of law and administrative law
The idea behind the “rule of law” is that legal, not human, standards ought to govern the State. Despite the existence of discretionary powers granted to the administrators, administrative laws guarantee the “rule of law.”
The importance of power separation.
One of the fundamentals upon which the State apparatus is built is “separation of powers.” Nonetheless, it is becoming apparent that the idea cannot be applied strictly given the growth in administrative acts and powers. Since one branch of government depends on the others to function properly, the idea of separation of powers cannot be applied by isolating the branches of government in impenetrable silos. While making sure that no organ encroaches on the functions of another, a flexible approach is required.
The connection between administrative law and constitutional law.
Understanding the link between state administrative law and constitutional law is crucial since all state laws must meet the constitutional standard. Since administrative law is the species and constitutional law is the genus, judge-made laws must abide with the requirements of the constitution.
REASONS FOR GROWTH OF ADMINISTRATIVE LAW IN INDIA
In ancient India, centralised government was practised by the Mauryans and the Guptas. India’s administrative law saw some modifications with the arrival of the British. British India created laws governing administrative proceedings.
India decided to become a welfare state after gaining independence, which led to an increase in governmental activity. “Rule of Law” and “Judicial Review of State actions” became more and more necessary as the government’s and administrative authorities’ activities and powers grew.
From this point on, any rules, regulations, or orders issued by the administrative authorities that were determined to exceed their legislative authority would be deemed ultra-vires, unconstitutional, unlawful, and null and void.
Welfare state
Government activities expanded as the States transitioned from a laissez-faire to a welfare state, necessitating more regulations. Consequently, this area of law evolved.
The legislature’s shortcomings
The legislature is too busy to enact laws that address society’s constantly evolving requirements daily. Even in the unlikely event that it succeeds, the protracted and laborious legislative process will make the regulation useless by the time it is put into effect since the demands would have changed by then. Consequently, the authority to enact laws and use its discretion is granted to the executive. As a result, when authority is granted, it becomes necessary to govern it.
The judiciary’s lack of effectiveness
The court system’s lengthy, expensive, formal, and sluggish adjudication process. Additionally, it is not possible to quickly dispose of suites due to the large number of cases that are already scheduled. Tribunals became necessary as a result.
Extent of the investigation
Administrative law can be changed to meet the needs of the State apparatus because it is not codified legislation. That makes it more adaptable. It is not necessary to constantly adhere to the strict legislative procedures.
DIFFERENCE BETWEEN ADMINISTRATIVE AND CONSTITUTIONAL LAW
There are important distinctions between constitutional law and administrative law. The ultimate law of the nation is the Constitution. Since the constitution is the supreme law, all laws must abide by its requirements and not break them. Thus, constitutional law supersedes administrative law. Put another way, administrative law is a species and the constitution is the genus. The State’s organisational structure and its several branches are covered under the Constitution. Conversely, administrative law solely addresses administration. Administrative law only addresses the duties and authority of the administrative authorities, whereas the Constitution addresses all areas of law and basic principles pertaining to the structure and authority of the different State organs.
ADMINISTRATIVE LAW IN INDIA
In India, administrative law aims to manage administrative acts through judicial review of administrative discretionary measures and control over delegated legislation. It also specifies how tribunals are to be formed and constituted.
Delegated Law
Legislation composed by entities other than the legislature itself that have been given authority to carry out legislative duties is known as Delegated Legislation. Executives and administrators are given this authority to handle the real problems they encounter daily. Delegated legislation is a good practice overall, but there is a chance that authority may be abused, thus precautions must be taken. Three strategies for preventing the misuse of authority through delegated legislation (as implemented in India) are as follows:
a. Parliamentary Oversight
Because the Executive is answerable to the Parliament, parliamentary control is regarded as a typical constitutional duty. During the first phase of parliamentary control, the level of delegated power is ensured by the legislation. Presenting the Bill to Parliament is the second step in this control process.
Three different kinds of laying exist:
Easy laying
In this case, the rules and laws are enacted as soon as they are presented to the Parliament. It is done to notify the Parliament; the Parliament’s approval of the rules and regulations issued is not necessary.
Negative lying
The regulations take effect as soon as they are presented to the Parliament; however, they expire if the Parliament rejects them.
Affirmative laying
If not passed by both Houses of Parliament, the regulations will not take effect.
b. Procedural Control
Procedural control is the requirement that the administrative authority follow the processes outlined in the Parent Act (the Act that transfers legislative authority) while establishing regulations. Prepublication of the rules is necessary so that those who would be impacted by the proposed regulations are aware of them in advance and can voice their concerns if they are unsatisfied. The regulations must be published in the official gazette to make the public aware of their existence following pre-publication and after all relevant parties, authorities, and bodies have been consulted.
c. Judicial Control
When evaluating the legality of regulations created with the authority granted, the judiciary considers the following factors:
If the administrative law goes against the Constitution to an extreme.
Should the administrative law surpass the Parent Act in scope.
Whether or not the administrative law is discriminatory, irrational, or arbitrary.
If dishonest administrative laws are passed.
If, in the lack of clear permission in the Parent Act, the administrative legislation infringes against the common law rights of private persons.
If another statute and the administrative legislation clash.
The legislative branch’s ability to enact laws.
If the administrative law lacks clarity.
d. Judicial Review
Three areas of judicial review are addressed. –
judicial evaluation of legislation.
judicial action subject to judicial review.
judicial examination of executive activity.
Judicial review of administrative action becomes an essential component of administrative law.
To address problems in real time, an administrative authority has to have the latitude to make decisions. On the other hand, judgements made using these latitudes must be rational. The “Rule of Law’s” answer to the problem of discretion is reasonableness. It moves discretionary authority closer to the principles of openness, uniformity, and predictability found in the “rule of law.” Administrative action and discretion are examined and controlled by the judicial review process. Judicial review maintains the administrative authority’s boundaries and guarantees the action’s legality. The Court asks whether the actions of the administrative body were compliant with the law. Nonetheless, the courts are unable to and will not replace the administrative authority’s judgement with their own. When considering a case that challenges administrative acts, courts consider whether the discretionary authority was exercised improperly, if it was abused, and whether there was any procedural or unlawful irregularity.
CONCLUSION
The laws that manage the Executive are known as administrative laws, and their purpose is to control how the Executive and its agencies operate and safeguard the public against abuses of authority. This is a relatively young area of the law that will keep developing in response to the shifting demands of the community. Bringing the Executive’s discretionary powers into compliance with the “Rule of law” is the goal of administrative law, not removing them.
FAQ’S
What are the reasons for the growth of administrative law?
Change in Philosophy of Role of State.
Urbanization.
Dealing With Emergency Situations.
Overburdened Judiciary.
Drawbacks of Legislative Process.
What is meant by administrative law?
Administrative law outlines the obligations and rights of private parties when interacting with public authorities. It also outlines the processes via which such parties may seek redress for their rights and obligations. It offers responsibility and accountability for administrative operations.
