Administrative Law 5th Sem

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So much so yes so yesterday we have mainly dealt with you know few of the you know classification

we also have seen what is need and importance right we have also seen how are they mainly so
much so yes so yesterday we have m….een how are they mainly right I told right. I told you that you
know these agencies under which you know how are they. Mainly, you know, given the delegation
right? I told you also the no doubt you know administrative law and constitutional law. Perhaps you
know it can be the administrative work can be derived from the constitutional law. But when you ask
about know which may be supersedes, I told you that it is nearly the grand norm that is a
constitutional law, which is the law of the supreme law of the land. And also we spoke about how
exactly the administrative law is mainly controlled by the courts through the instrument called as
judicial review, right? So coming to the next is regarding the. Rule making power. Now. What does
administrative rulemaking? What do you understand by the term rule making power? Okay.
Anyone?

To hear also when mainly when we talk about rule making power. So no doubt when a new
regulations are there when the new law is coming into the picture that time they are mainly given
certain. Not every every power of the legislation is given to this administrative agencies, but only a
part out of the few of them. You know, you know, powers legislative powers in such as the rule
making power have been given to certain administrative agencies by to mainly make sure that they
can you mean the enforce these powers to newly come up with certain rules. Regulation I give you
already an example. Easy understanding of basic understanding that these administrative
rulemaking powers are given in such a way that it will be concern to that department or concern to
that state. Say for example, lets say the rule making powers under the. You know the ones which
you have already studied. I am not showing within have studied. Yes, you have already studied about
a CP Act 1986 years study, but it is no way right now. It is not in post. It has been mainly amended
and it is the new fresh Act has come. There is 2019 there also. You can see the powers which is given
to the you know you know when they come with regard to. Show CPU load out is the central
registration, but the rule making powers are given to the respective. You know administrative
agencies why to mainly make sure that the functioning so see there’s always a distinction when we
or I know this is something very basic. You understand the difference between act to understand the
difference between rules, regulation ordinance bills, or you already familiar with all these
terminologies. But what is the difference? There is a lot of difference between each one of them
right? But no doubt they are all binding on the citizens. They’re all through authorities. The executive
might have come up with the rules the legislature Madam enacted the Statute. So here also what
they are trying to say is that majorly the nature of administrative law that is maybe the rule making
power is given to these authorities. Who is that abhiseka? Rule making a thought you know they
have been given certain powers to make rules and they also have adjudicatory powers which are
there upon them with regard to exercising or executing. Say for example, lets take it is as a you know
you know the Police Department. They have a exactly I know executing power where we can see
that they have to mainly ensure that whatever the laws which are there, whatever you know the
come up whatever like you say. For example right now. Also like weekend coffee, now these are the
new, you know, if they’re coming up with new rules and regulations. Beauty of the executive. To
make sure, I’ll still mainly implemented there in forced in the. Society, so here there is a lot of you
know there are two rolls or you can say 2 faces of an administrative agency. One. They can also rule
making power is given. Second, they are also in in a position where they can also actually give. They
can also execute the you know. When we talk about emergence of this administrative rule making
power and its differentiation between the administrative and tradition, there are two aspects of the
same coin like administrative rule, making power and administrative education. Sorry I forgot. To
share the screen. So here also if you see you know there’s an emergence of the administrative rule
making power and also the differentiation with the administrative adjudication. So as I said, the rule
making power is something that administrative agencies perform. So as I said, it is it is the the
statute itself gives them the power to mainly make certain rules. It might be regarding any state
legislation it might be regarding to, say, for example CCP or say for example CCI. So all these
authorities when are they going to have a meeting? What is the qualification? How many minimum?
The meetings have to be held in a year when such regulatory body is being contributed. So
whatever, I’m just trying to say, all these points they cannot be added in the act. So where is it
added? It is added in the rules and who are making these rules? Because the act is giving them the
power that they make their own rules. That is the rule making. Power is given to certain
administrative agencies to make the rules. So here also sports. Mainly here he is mainly size that the
rule making power is an outstanding feature of the modern administrative agency. So because this is
a very important role or admin, very important feature, we can say you know he says that it is a very
important. Outstanding feature of the administrative agencies, but at the same time when we talk
about a rule making power and administrative rule making power, it mainly differs from each other.
How. How does it differ from each other? So when you buy, the terminology itself means what it
means. You will make him power is something which is given in a very prospective way. It is, it
means that they can do it, hence food or he they can do it in future also. But whereas when you talk
about the administrative functions which is there which is also another face of the coin of these of
the role of. Stop administrator for agencies they…. To either the or past so they are a

What exactly is administrative law? Coming to sources. You know what do you come out now? Yeah,
please tell me. Previous slide door point it is mentioned the administrative legislation. So is it the
other name of administrative power? Sorry, one can come once again, I will just going to the
different tab to admit the student. Yeah, please tell me your thoughts. Want its mentioned
administrative legislation. So is it the other name of administrative rule making power? Yes yes.
Mainly see as I said, there are two aspects. There are 2 phases of the same coin that. Rule making
power and administrative education rule. Making power. As I said, it is not directly, they are not
legislatures, they are not legislation or they are not. The people who are going to make law in the
Parliament. We know that we understand who are legislatures, right who are legislation, who is the
power which is given to the Parliament. And they are very supreme. Also as we have seen so many
cases around, how much powers the Parliament has. Now we are trying to. We are not clubbing that
with the legislation. We’re just trying to say that yes, administrative agencies are also. That is
nothing but your executives are also given certain powers. What kind of powers? Cool making
powers but they are not the legislators. Please don’t get confused with the. The legislature has, or
you can say, whether it is state legislature or it, whether business central legislature. We are not
comparing them with the you know these people who are mainly making loss. We are trying to say
that yes they have a dual role to perform and that is mainly not only as a administrative, you know
you know. But also they have a special. Delegated powers that is, such as rule making power. So I
gave you certain examples of people making power and second is. Part of the entire administrative
law. So here. Also there are lot of other explanation. I will not be going through each of them here
with the suggest for your reading purpose. But yes, in short I would like to see here is that what
many when we say you know you know mainly when we say that you know administrative law is.
Maybe we cannot separate it. We cannot mainly say that you know it is. Something which has to be
undermined. It has a lot of emphasis and now when the model you know administrative agencies
have been equipped or you can see the scope has been widely increased, we need to know the
importance of or if you need to know mainly the significance of the administrative block calls. If
there is a lot of. Uh, in law, which is mainly right now coming with regard to how? Execution of the
house executives have to mainly work. There is a lot of. You know benefits or you can say there’s a
lot of welfare which is mainly coming to the public person. Can you give me an example where you
can mainly see that there is an improvement is with regard to any of the administrative department?
Or you can say any day today, it might be very, very minor or very very meager. It might be, but still
to understand that yes, administrative law is something, or you can say administrative. The scope of
administrative in our country is has. Given a lot of emphasis or has been mainly increased to a large
extent, can anybody give me an example for this? Where do you think is administrative law? For
example, just give you certain things. See for example when we say administrative law is such a
branch that touches upon, like all the aspects where it might be government. It might be any coffee.
Administrative agencies. Say for example, the corporations right to municipal corporations, you find
any commissions. It might be your universities, right? And sometimes, even if it might be a private
organization. So here whatever I’m giving in this example, this is just making you using your
thoughts. Really understand that yes, administrative law is something that we deal everyday. Right,
we deal with everyday with regard to these aspects where. We understand that administrative law
has a emphasise on all these, you know branches or you can say all these possy administrative
agencies also. So whatever you are having the universities, the commissions, the corporations, they
all are having the same. You know formulation. Also you can see seen. A scope with regard to how
administrative law mainly govern. So as I said you the other definitions also, you have seen that you
know many of the authors are, you know, giving the definitions as true that this administrative law is
nothing but it is the. Organisations power plus duties of t….d like to add is that no doubt it is at the
same time they also, you know, emphasise on the you know. What are the constraint or what are
the? Administrative process in case if he is subject to any of the Mal administration, which happens
in the you know. So here also there is a lot of other you know, you know if you go through the
textbooks. Also if the entire chapter is mainly on the political thinkers, I have not included much of
these because I just wanted to give just a glimpse of that. But you can see a lot of dip. With regard to
know how you know Jen, you know Jennings as well as TV Dyson, mainly, you know, argue for the
administrative law. If one person says that. I know I admin determines the legal status, but where as
the other you know that I see who may be mainly he he he nearly came up with so much of
criticisms that you know that you know the trot administrative. That is not something. Appreciated
because as I said, you know what we discussed in the previous class that is mainly with regards to
the French or the France administrative law where they said that it should have a separate entity. So
do you think has India Mein movies adopting this? Terry have you? Do you understand what I’m
trying to say? I’m trying to say that whether India has really bifurcate it administrative law, where we
have a separate, you know, you know, course itself, how you know. Maybe this. Do you think India
has adopted it in full spirit or yes we have to a certain extent come up with certain administrative
scope and we have may be increased with regard to the powers of administrative as well as cause
the administrative agencyes. What do you think about this? Is there any school or is there any?
Significance when it comes to Indian jurisdiction when you compare it with the you know the
definition given by various political thinkers. Have you done any?

Only with the Supreme Court. The final or the highest. Adroit administration there is a substrate
apple in jurisdiction that is Council theatre but we don’t have that separate highest afternoon quotes
for each of these. Yes, yes we have. To certain extent you know we have, you know, mainly adopted.
You can say with regard to know how the administrative functions happen. House and speak subject
to judicial review. Or it might be mainly entertaining such cases in a separate. Administrator, but yes,
not in full spirit because again, you know. We don’t. We do have certain tribunals, but not applet.
How the counsel DI know they have it in France, but no doubt they have certain criticisms also with
regard to the you know this concept of product administrator which was mainly or brought up by
the Napoleon. And also with regard to, you know Indian jurisdiction which are the mainly the
provisions under which you can say that yes. You know administrative agencies also have been
mainly included under the Indian Constitution. Can you give me? Because recently we have studied
this. Also, I think because I have thought this batch so I can give you a certain hints. You remember
when we talked about? Relationship between the center and state. Can you remember right now
what I’m saying? Right first was. Legislator second was. Administrative and 3 rd was financial, so in
administrator, what have we dealt when we waste mainly starring constitutional law? I have dealt
with this topic where I said that. The relationship between the centre and the state with regard to
the administrative powers whichh has been given. Impact, you know study? Yeah. What have we
done? What have you mainly dealt with administrative law under the relationship between the
centre and the state? Yeah. It’s a here also just two. I don’t know how many of you really remember
but yes we have dealt with certain provisions. You know such as you remember Interstate Council.
What? What was Interstate council? It was mainly talking about any you know disputes between
Interstate, right? So that was also that is also a part of your administrative agencies itself, your
Finance Commission, or it might be even your Interstate water dispute authority. It might be even
your. Your Public Service Commission Election Commission. What are all these? These are nothing,
but they are mainly the study of the constitutional limitations which are mainly given as a delegation
of power to these administrative authorities. Or you can say the agencies why? Mainly because
these are these are. Part of the Constitution and their they have got the power and these power
have been exercised by these administrative agencies. Getting my point. So what I’m trying to say is
that there is a huge. You can see a linkage between constitutional law and administrative law. How?
Because there is a famous definition of a code which is given by you know Holland. It is in another
political field. But he says that the constitutional law describes various organs of the government.
The author here for land. He mainly describes that the constitutional law describes the various
organs of the government at rest, but. The administrative law describes them in motion. So what it
means, what the definition says, it says that. Constitutional or nothing, it deals just with the. Organs
of the government, which are the organs of the government, legislature, executive and judiciary. But
administrator is something which is telling them in motion. That is, how are they going to act? How
are the meaning of to execute? How are they going to make a function that is mainly told by the
administrator? Problem getting my point. So if there is any questions on. Either administrative block
or the scope of law or scope of administrative law nature. Any of the basic you know questions
which are mainly dealing with your first unit, which is a type of a very hypothetical question, so that
time you need to understand how you are going to mail it. Bring a linkage between the
administrative law as well as the. Constitutional law. So another thing which they mainly emphasise
is that no doubt when you know understand that administrative law when we say that it is mainly
describing you know in motion that is made, how they mainly going to executive at the same time
they are going to. Power functions duties of administrative with the authorities and the principles.
How are they going to act? They are going to act as it is given under the constitutional law, so there
is a very mutual relationship or mutual. We can say that they are two phases of the same point, so as
admin constitutional law mainly deals with the fundamentals while administrative deals with the
details understand. So Constitution law is giving them the power. It is like a fundamental law that
the all these bodies such as. You know your election Commission, Interstate water disputes.
Interstate Council is the election Commission, the Public Service Commission. All these are the you
know, you can see the authorities, but how are they going to mainly act upon that? Or how are they
going to make function? The details are given under the administrative. Hello so there you know
there’s a very dividing line or hell and distinction between the constitutional law and administrative
law in the matter, how they, namely, you know, have their own dimensions to the subject. So in
some countries in certain countries also constitutional law is no, as you know and administrative law
may be a statute, like when I see status, you know it might be through an act itself. Okay, it might be
through an act, it might be through a president. Or it might be through certain customs also. You
know, in few of the countries where they have been given under a statute itself, that is, the Act itself
talks about these two aspects. Another thing which we need to also understand is that you know
when we say brought administrative right. It mainly includes. Three series of tools. Three series of
rules where you know it mainly talks about one. It mainly talks about rules dealing with the
administrative authorities and officials, so you if you remember what I said in the previous class, was
that these administrative is nothing but they are. It is a very old. Concept, but at the same time it’s a
very landmark concept of having administrative agencies as a different organization, which is mainly
having its own. Be off resolving any issue where they are not subject to any ordinary course. In fact it
is a double jurisdiction which I had already told you before. So here what they say is that under
these administrative authorities and officials, what is it dealing with? What is this bra patterns? What
is it? Exactly, it is going to happen, so it is going to have mainly three aspects. One it is going to deal
with administrative authorities and officials. That is with regard to how are they appointed? How are
they nearly going to be? You know? How are they mainly going to be paid or the salary? Or how are
they mainly going to be terminated? All these aspects will be covered in the first aspect. Second,
with regard to what rules are there with regard to public services to meet the needs of the citizens,
this is the second aspect of the drug administrator, which mainly deals with these. Our first one is
regarding the officials and authorities. Second one is regarding the operation of public services. You
know to make sure the citizens. Welfare amit 3 rd one is regarding th….f any you know to make sure
that any

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