Q. Define in detail the delegation powers and their Implementations?

Introduction;

Administrative law is a study of institutions and administrative processes,

i) The sources of governmental legal powers,

ii) provisions or methods to deal with persons, grievances & appropriate
remedies,
iii) the public corporations and administration of local government & general
principles applicable to local authorities.

Administrative law mainly deals with the powers & duties of administrative
authorities, and the various remedies available to affected persons. Under the welfare
state, there is a tremendous increase in state activities in keeping with the
technological & scientific developments. administrative law defines and demarcates
these powers and also provides for remedies to the affected persons, when there is
abuse. This exercise of considerable power, is the main cause for growth of
administrative law. The trend is to reconcile freedom & Justice of persons, with the
necessities of implementing social & economic policies. In this regard, liberty &
personal freedoms are to be safeguarded within the frame work of the constitution
of India. In this context, Judicial review of administrative action, prevention of
misuse or abuse of power and provisions for suitable remedies form the basic
principles of administrative law.

According to Dicey

"In England, we know nothing of administrative law and we wish to know nothing
about it". Though Dicey had much disregard, Maitland and others were of the view
that administrative discretion and administrative justice had already made their way
in to England. Of course, Dicey changed his view, and, later admitted that Parliament
had conferred quasi-Judicial authority on administrative bodies and hence, there was
administrative law-operating.

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Delegation of Powers

Delegation of powers in administrative law refers to the transfer of authority or power

from one government entity to another. In most cases, the transfer of power occurs
between the legislature and the executive branch, as the legislature delegates certain
powers and functions to the executive branch. Delegation of powers can occur in a
few different ways, including:

1. Express Delegation: This occurs when the legislature explicitly grants a

specific power to the executive branch.
2. Implied Delegation: This occurs when the legislature grants a general power
to the executive branch, and the executive branch then has the authority to
exercise that power in any way it deems necessary.
3. Delegation by Necessity: This occurs when an emergency or urgent situation
arises, and the executive branch is given additional powers to address the
situation.
4. Delegation by Statute: This occurs when a statute grants a particular power
to a specific agency or government entity.

Administrative law requires that the exercise of delegated power be subject to certain
principles and limitations, including:

I. The delegation of power must be clear and unambiguous.

II. The delegated power must be exercised in accordance with the purposes for
which it was delegated.
III. The delegated power must be exercised in a manner that is consistent with
the Constitution and other applicable laws.
IV. The delegated power must be exercised with due regard for the rights of
affected parties.
V. The delegated power must not be used for an improper purpose or in a way
that is arbitrary, capricious, or discriminatory.

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 Delegation powers in Pakistan

The delegation of powers in Pakistan has a complex history, with numerous

changes and amendments to the Constitution over the years. Here is a brief
overview of some of the key developments in this area:

1956 Constitution: The first Constitution of Pakistan, adopted in 1956, provided

for a parliamentary form of government with a federal structure. The Constitution
delegated powers to the central government and the provincial governments, with
a clear division of powers between them.

1962 Constitution: The 1962 Constitution introduced a presidential system of

government, with the President holding significant powers. The Constitution also
allowed the President to issue ordinances, which had the force of law and could
bypass the normal legislative process.

1973 Constitution: The current Constitution of Pakistan was adopted in 1973 and
restored the parliamentary form of government. It provided for a federal system
with clear division of powers between the federal government and the provincial
governments. The Constitution also established an independent judiciary with the
power of judicial review.

18th Amendment: The 18th Amendment to the Constitution, passed in 2010,

delegated more powers to the provinces, including control over natural resources,
education, and health. The Amendment also abolished the concurrent legislative
list, which had allowed both the federal and provincial governments to make laws
on certain subjects.

19th Amendment: The 19th Amendment, passed in 2010, reduced some of the
powers of the President, including the power to dissolve the National Assembly.

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 the history of delegation of powers in Pakistan has been marked by a struggle
between centralization and decentralization. While the Constitution has provided
for a federal system with clear division of powers, there have been periods where
the central government has held significant powers and attempted to undermine
the authority of the provincial governments.

Execution & Implementation of Delegated powers

Delegation of powers is a fundamental concept in administrative law, which refers

to the transfer of authority from one body or person to another. In order to execute
and implement delegation of powers in administrative law, the following steps can
be taken:

1. Identify the power to be delegated: The first step in executing and

implementing delegation of powers is to identify the specific power that is
being delegated. This may involve reviewing relevant statutes, regulations, or
policies to determine the scope of the power.
2. Determine the appropriate recipient: Once the power has been identified,
the next step is to determine the appropriate recipient of the delegated power.
This may involve identifying a specific individual, agency, or department that
has the expertise and capacity to carry out the delegated power.
3. Establish the terms of delegation: The terms of delegation should be clearly
established to ensure that the recipient of the delegated power understands the
scope of their authority and responsibilities. This may involve creating a
written agreement that outlines the specific powers that are being delegated,
the timeframe for carrying out the delegated powers, and any reporting
requirements or other obligations.

4. Provide oversight and monitoring: To ensure that the delegated powers are
being carried out appropriately, oversight and monitoring mechanisms should

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 be established. This may involve regular reporting and review of the delegated
powers, as well as ongoing communication between the delegator and the
recipient of the delegated powers.

5. Evaluate and revise: Finally, it is important to evaluate the effectiveness of

the delegation of powers and revise the terms as necessary. This may involve
making adjustments to the scope of the delegated powers, revising reporting
requirements, or establishing new oversight and monitoring mechanisms to
address any issues that arise.

The delegation of powers in Pakistan is based on the federal system of government,

which divides powers between the federal government and the provinces. Here is a
list of the major areas in which powers have been delegated:

I. Legislative Powers: The Constitution of Pakistan delegates the power to

make laws to the Federal Government and the Provincial Assemblies.
II. Executive Powers: The President of Pakistan is the Head of State and has
executive powers. The Prime Minister is the Head of Government and
exercises executive authority on behalf of the President.
III. Judicial Powers: The judiciary in Pakistan is independent and exercises
powers of judicial review, interpretation of the Constitution, and
administration of justice.
IV. Financial Powers: The federal government has the power to levy taxes,
while the provincial governments can only collect taxes on certain items.
V. Defense Powers: The federal government has the power to raise and
maintain the armed forces and to declare war.

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 VI. Foreign Policy Powers: The federal government has the power to conduct
foreign policy, negotiate treaties, and maintain diplomatic relations with
other countries.
VII. Education Powers: Education is primarily a provincial subject, and each
province has its own education department and curriculum.
VIII. Health Powers: Health is also primarily a provincial subject, and each
province has its own health department and health care delivery system.
IX. Police Powers: Law and order is a provincial subject, and each province
has its own police department and law enforcement system.

The delegation of powers is exercised among different organs of the state, including
the executive, judiciary, and legislative branches.

The following are some of the key delegations of powers exercised in Pakistan:

1. Executive: The President is the head of the state and the Prime Minister is the
head of the government. They exercise executive powers on behalf of the state.
The executive branch is responsible for implementing and enforcing laws and
policies.
2. Legislature: The Parliament of Pakistan is a bicameral legislature consisting
of the National Assembly and the Senate. The legislature has the power to make
laws, approve the federal budget, and oversee the activities of the executive
branch.
3. Judiciary: The judiciary in Pakistan is independent and has the power to
interpret the constitution and the laws. The Supreme Court is the highest court
of appeal and has the power of judicial review. The judiciary also has the power
to strike down laws and executive actions that are deemed unconstitutional.
4. Provincial governments: Pakistan is a federation of four provinces and four
territories. Each province has its own government, headed by a Chief Minister,
and exercises powers delegated to it by the constitution.

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 5. Local governments: Local governments in Pakistan are responsible for
providing essential services to citizens at the grassroots level. They have the
power to make decisions on issues such as infrastructure development, public
health, and education.

The delegation of powers is executed through various mechanisms, including the

Constitution of Pakistan, laws enacted by the parliament, executive orders, and
administrative rules and regulations.

a. The Constitution of Pakistan lays down the framework for the distribution of
powers between the federal government and the provincial governments. The
Constitution provides for a federal system of government where certain powers
are assigned exclusively to the federal government, while others are assigned
to the provincial governments.
b. The parliament, consisting of the National Assembly and the Senate, enacts
laws to delegate powers and responsibilities to various authorities and
institutions. The parliament also has the power to amend the Constitution to
modify the distribution of powers between the federal and provincial
governments.
c. The executive branch of the government, headed by the Prime Minister, has
the power to issue executive orders and directives to delegate powers and
responsibilities to various ministries, departments, and agencies. These
executive orders are issued within the framework of the Constitution and the
laws enacted by the parliament.
d. In addition, administrative rules and regulations are also used to delegate
powers and responsibilities within various government departments and
agencies. These rules and regulations are generally issued by the heads of
departments and agencies, within the framework of the laws and regulations
established by the parliament.

Conclusion

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The delegation of powers in Pakistan has had a significant impact on the country's
political, social, and economic landscape. Pakistan is a federal parliamentary
democratic republic where power is divided between the central government and the
provincial governments.

The delegation of powers has allowed for the devolution of power from the central
government to the provincial governments. This has resulted in the decentralization
of power and the transfer of decision-making authority to the local level. The
devolution of power has also led to the empowerment of local communities, who are
now able to participate in decision-making processes that affect their lives.

The delegation of powers has also had an impact on Pakistan's political landscape. It
has created a more participatory political system, where citizens have greater access
to decision-making processes. The devolution of power has also led to the emergence
of new political parties, as well as a shift in power from the central government to the
provincial governments.

In terms of the economy, the delegation of powers has allowed for greater regional
autonomy, which has resulted in the development of regional economies. The
devolution of power has also led to the creation of new job opportunities, as well as
increased investment in regional infrastructure and resources.

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Q. Discuss the criteria of natural Justice in the administration of Adjudication?

Introduction;

Natural Justice' is an expression of English Common Law having its origin in Jus

natural (law of Nature.) It involves the procedural requirement of fairness. In

England, it was initially applied to the courts but later projected from the judicial

to the Administrative sphere. It is justice that is simple and elementary, and fair

play in action. to the principles and standards of fairness that should be applied in

administrative adjudication. These principles are essential for ensuring that

decision-making processes are impartial, unbiased, and objective.

The following essay will discuss the criteria of natural justice in administrative

adjudication.

The first criterion of natural justice is the right to be heard. This principle

requires that all parties involved in a decision-making process have the

opportunity to present their case and evidence before a decision is made. This

means that all parties must be notified of the proceedings and given sufficient time

to prepare their case. Failure to allow a party to present their case can result in an

unfair decision and a denial of natural justice.

The second criterion is the rule against bias. This principle requires that the

decision-maker be impartial and free from any actual or perceived bias. This

means that the decision-maker must not have any personal interest in the outcome

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of the decision, and must not have any preconceived ideas about the case. The rule

against bias is essential to ensure that decisions are based solely on the evidence

and arguments presented, rather than personal biases or interests.

The third criterion is the right to an impartial decision-maker. This principle

requires that the decision-maker be independent and impartial. This means that the

decision-maker must not have any personal or financial interest in the outcome of

the decision, and must not be influenced by any external factors. An impartial

decision-maker is essential to ensure that decisions are made solely on the merits

of the case, without any outside influences.

The fourth criterion is the right to reason for a decision. This principle requires

that the decision-maker provide reasons for their decision. This means that the

decision-maker must explain the basis for their decision, including the evidence

and arguments considered. The right to reason for decisions is essential to ensure

transparency and accountability in decision-making processes.

The fifth criterion is the right to procedural fairness. This principle requires

that the decision-making process be fair and just. This means that the decision-

maker must follow fair procedures and give equal opportunity to all parties

involved. Procedural fairness is essential to ensure that decisions are made in a

transparent and accountable manner.

Administration of adjudication

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Administration adjudication refers to the process by which administrative agencies

make decisions about disputes or other matters within their area of responsibility.

In other words, it is a quasi-judicial process where administrative agencies act as

judges to resolve disputes between parties, interpret regulations, and enforce

compliance. Administrative agencies are entities created by the government to

regulate and enforce laws and regulations within a particular industry or sector.

Examples of administrative agencies include the Environmental Protection

Agency (EPA), the Federal Communications Commission (FCC), and the

Securities and Exchange Commission (SEC).

Administrative adjudication typically involves a hearing process where the parties

involved present their cases and evidence to the administrative agency, which then

makes a decision. The administrative decision is often subject to judicial review,

where a court can examine the agency's decision to determine if it was made in

accordance with the law.

Administration adjudication is a process used by government agencies to resolve

disputes and make decisions on a variety of issues. It typically involves a hearing

or other formal proceeding where an administrative law judge or panel of judges

will hear evidence and arguments from the parties involved and make a decision

based on the law and regulations governing the issue.

Here are some general steps involved in the administration adjudication process:

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1. Notice: The agency will provide notice to the parties involved of the

upcoming hearing or proceeding, including the time, date, and location.

2. Pre-hearing procedures: Prior to the hearing, the parties may engage in

discovery, exchange information, and make motions or requests related to the

proceeding.

3. Hearing: The hearing is conducted in front of an administrative law judge

or panel of judges. The parties present their arguments and evidence, and witnesses

may be called to testify.

4. Decision: After considering all of the evidence and arguments, the

administrative law judge or panel of judges will issue a decision based on the law

and regulations governing the issue. This decision may include an order, a ruling,

or a recommendation.

5. Appeal: In some cases, the decision may be appealed to a higher authority

within the agency, or to a court.

The criteria of natural Justice in the administration of Adjudication;

There are two main principles of natural justice:

The rule against bias and the right to a fair hearing. The rule against bias means

that decision-makers must be impartial and not have any personal interest in the

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outcome of the decision. The right to a fair hearing means that individuals must

have the opportunity to present their case and be heard before a decision is made.

In administrative adjudication, the principles of natural justice are often applied in

situations where a government agency or other administrative body is making a

decision that affects the rights or interests of an individual.

For example, if a person is appealing a decision made by a government agency,

they have the right to a fair hearing and to have their case heard by an impartial

decision-maker.

Administrative bodies must also follow the principles of natural justice in their

decision-making processes. This means that they must provide clear and

transparent reasons for their decisions, consider all relevant evidence and

information, and give individuals the opportunity to respond to any evidence or

arguments presented against them.

In applying natural justice in administrative adjudication, there are a few key

criteria that should be considered:

1. Audi alteram partem: This principle requires that both parties to a dispute be

given a fair and reasonable opportunity to present their case and be heard. This

includes the right to be informed of the case against them, the right to present

evidence, and the right to cross-examine witnesses.

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2. Impartiality: The decision-maker must be impartial and unbiased. This means

that they must approach the case with an open mind and not have any personal

interest in the outcome. They must also be seen to be impartial.

3. Reasoned Decision: The decision-maker must provide reasons for their

decision, explaining how they arrived at their conclusion. This helps to ensure

transparency and accountability in the decision-making process.

4. Procedural fairness: The decision-making process must be fair and reasonable.

This includes following established procedures, treating all parties with respect

and dignity, and ensuring that the decision is based on relevant evidence and legal

principles.

5. Natural justice should be applied throughout the process and not only at the final

decision stage.

6. Bias and conflict of interest should be avoided in the decision-making process.

Conclusion

The nature of justice in administrative adjudication has been a subject of debate.

Some argue that administrative adjudication should be seen as an extension of the

judicial system and should follow the same principles of fairness and due process.

Others argue that administrative adjudication should be seen as a unique process

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that serves the public interest by allowing agencies to efficiently and effectively

enforce regulations.

In recent years, there has been a growing recognition of the importance of

procedural fairness in administrative adjudication, and agencies have been taking

steps to ensure that their procedures are transparent, fair, and accessible to all

parties. This includes providing adequate notice to affected parties, allowing for

meaningful participation, and ensuring that decisions are based on the evidence

and the law.

Overall, administrative adjudication and the nature of justice have evolved over

time and will continue to do so as society's needs and expectations change.

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