ADMINISTRATIVE LAW

MEANING

While understanding meaning of “Administrative Law”, administrator’s task is to take government policy and implement them to the grand level. Legal connotation of the term “Administrative”, is “implementation” element is often more prominent than “management element”. For the lawyer, “Administrative matter” is often one which lies at the other end of a spectrum from “policy matter”.

 As per Australian jurisprudence, the key statute entitle individuals to judicial review of administrative Act in that jurisdiction is limited to decisions which possess “an administrative character”. The court has avoided any precise definition of the term but has supplied with some general indicators:

“Administrative carries with it the notion of ‘managing’, ‘executing’, ‘carrying’ into effect…laws”.

“Administration includes the application of a general policy or rules to particular cases, the making of individual decisions”.

DEFINITIONS

• According to Sir Ivory Jennings, in his book-“the law and the constitution” wrote Administrative Law as “the law relating to administration”, believing that it determines the organization, powers and duties of administrative authorities.
• According to Massey, Jennings definition had lots of flaws and while criticizing mentioned that-
  • Ivor, neglected separation of administrative and constitutional law.
  • Ivor, emphasized more about association, power and obligation to prohibit the way of their activity.
  • Ivor, didn’t gave importance to the procedure like organization basic leadership including standards, strategies and principles.

Though Massey defines it as-“Administrative Law as that branch of public law which deals with the organization and powers of administrative and quasi administrative agencies and prescribes the principles and rules by which official action is reached and reviewed in relation to individual liberty and freedom”.

• Accordingly Dicey, like Jennings did not recognized the independence existence of Administrative Law. So Dicey formulated Administrative as-
  • Administrative Law relates to that portion of nation’s legal systems which determines the legal status and liabilities of all state officials.
  • Defines rights and liabilities of private individuals in their dealings with public officials.
  • Specifies the procedures by which those rights and liabilities are enforced.
• According to Austin, it is the law” which determines the end s and made to which the sovereign power shall be exercise”. In this view, the sovereign power shall be exercised either directly by the monarch or indirectly by the subordinate political superiors to whom portions of those powers are delegated or committed in trust.
• The Indian Institution of Law has defined Administrative Law-“Administrative Law deals with the structure, powers and functions of organs of administration, the method and procedures followed by them in exercising their powers and functions, the method by which they are controlled and the remedies which are available to a person against them when his rights are infringed by their operation”

(Despite of there being diverse definitions and notions, still there remain some key aspects that stand common while interpreting them-

• It is a manner concerned of exercising governmental powers.
• They are focused on the basis of functions or substantial purpose for which it exists.
• It is a course specifically concerned about the practical application of law.)

HISTORY

The origin of the word lies in the 18^th century, coined from the Latin verb administrate, meaning to manage. There is no doubt of the centrality of judicial review to the practice of administrative law, but not forgetting the words of Harlow and Rawlings-

“Behind every theory of law there lies a theory of state”.

The oldest use Administrative procedure was referred to as “inquest” or “inquisitions”; which in Roman simply means, investigation.

In the Magna Carta, the first charter that talks about rule of law, procedures and balance of powers during monarchial rule of the king, there exists a clause that stated “Writ of Inquisition of Life or Limb” and that it “must be granted freely and not denied”.

NATURE

Categorised as:

1. Basic propositions(Idea/opinion)
2. General features(Specific in existence but not in sayings)
3. Specific nature(Specific in sayings of jurists)

Basic propositions:

• Power is conferred by law (working has to be recognized and approved by law).
• No authority can exceed administrative law’s power (Nature can’t be touched, it’s an inbuilt property).
• No power is absolute and uncontrolled (As nature reaches scope, nature becomes specific yet diverse).

General features:

• Branch of public law.
• Deals with relationship of individuals
• Uncodified law.
• Judge made law which evolves overtime.
• Determine organizations and power structure of administrative and quasi-judicial authorities to enforce the law.
• Specifically concerned with official actions and procedures.
• Controls mechanism by which administrative agencies stay within bounds.

Specific Nature:

In the view of Friedman, administrative law includes-

• The legislative powers of the administration both at common law and under a vast mass of statutes.
• The administrative powers of the administration.
• Judicial and quasi-judicial powers of the administration, all of them statutory.
• The legal liability of public authorities.
• The powers of the ordinary courts to supervise the administrative authorities.

SCOPE

Scope of Administrative Law goes hand in hand, right from the authorities (bodies/agencies) followed by their personal proceedings. So the scope inculcates:

Firstly, the diverge bodies which take authority to be accountable for outpacing this law (by authorities, which displays the official power of administrative law through- permits, orders, ministerial and administrative actions, and legitimacy of procedures)

Secondly, the various procedures undertaken by the above mentioned authorities(by proceedings, through principle of reasonableness, natural justice and at international spheres by signing Universal Declaration of Human Righta,1948, International Covenant on Civil and Political Rights, 1966, African Charter on Human and Peoples Rights, 1986 recognize fair hearing and just administrative procedures).

By authorities:

• Administrative bodies- There exists various administrative bodies like-Central Board of Revenue, Commission of Inquiry and Advisory board, Tariff commission.
• Administrative tribunals- Administrative agencies undergo judicial functions through Administrative Tribunals like- Industrial tribunal, Income Tax Appellate Tribunal, etc.
• Public Corporations- The Union and State Government  accounts themselves liable against the working of their servants or agents, working in public corporations.

By proceedings:

• Delegated legislation- rule making power of the authorities.
• Available Remedies- such as Writs, Injunctions, etc.
• Procedural guarantees- through applicability of Principle of Natural Justice.