Administrative Law

BA/BBA LL.B
Semester IV(2017-2022)
Paper Code LLB 208

A M I T R A G R AWA L
FA C U LT Y ( L AW )
D E L H I M E T R O P O L I TA N E D U C AT I O N
 Objective

The paper will make students aware of various aspects of

Administrative Law including quasi legislative, quasi judicial and
other ministerial functions of administration and control thereof
with a practical approach.
 Teaching Methodology

 Lecture-

 Court Simulation Techniques-

 Students participation with the Practical paper-

 Visits of police Station and Other Administrative offices –

 Class Room presentation by the students-

 Study Materials

Text Books
 M.P Jain and S.N Jain, Principles of Administrative Law ( Lexis Nexis,
Gurgaon, 6th edn., 2012).

 I.P. Massey, Administrative Law ( Eastern Book Company, Lucknow , 9th edn.,
2017).

 C.K. Takwani, Lectures on Administrative Law (Eastern Book Company,

Lucknow , 6th edn., 2017).

 S.P Sathe , Adminsitartive Law ( Lexis Nexis Gurgaon , 7th edn., 2006).

Reference Book
 H.W.R Wade and C.F Forsyth , Adminsitartive Law ( Oxford University Press
, Oxford , New York , 10th edn., 2009).
 Reports

 Second Administrative Reform Commission- available

athttp://www.delhi.gov.in/wps/wcm/connect/75a2290040321a36ab05ff
b8bfd93f2e/Presentation_RTI_04112009.pdf?MOD=AJPERES&CAC
HEID=75a2290040321a36ab05ffb8bfd93f2e.

 Law Commission of India, 272nd Report on Assessment of

Statutory Frameworks of Tribunal in India (October, 2017).

 World Justice Project, Rule of Law Index, available at

https://worldjusticeproject.org/sites/default/files/documents/WJP_ROLI
_2017-18_Online-Edition.pdf
 Articles

 Upendra Baxi, “Developments in Indian Administrative Law”

in A.G . Noorani (ed.), Public Law in India 136 (1982).

 V. Ramaswami, “Rule of Law and a Planned Society” I JILI

31 (1958).

 Amit R. Agrawal , “Nature and Scope of Administrative

Law.”
 Unit –I
Evolution and Scope of Administrative Law

 Nature, Scope and Development of Administrative Law

 Rule of Law and Administrative Law

 Separation of Powers and its Relevance

 Relationship between Constitutional Law and Administrative

Law

 Classification of Administrative Law

 Nature Scope and Development of Administrative Law

 Administrative Law is the Branch of public law.

 It is the Dharma of the Administration.

 Most outstanding Legal development of the twentieth century

is the Administrative Law - Professor Vanderbilt.
 Scope of Administrative Law

In Administrative Law, The term “Administration” is

used in its broad possible sense and covers within its
reach
 All executive actions, its programmes and policies;

 All administrative aspects of Parliament and judiciary;

 All actions of State like actors (agency and instrumentality

of State) ;

 All actions of non- state actors (Private entities )

exercising public functions.
 Scope of Administrative Law

Administrative Law deals with the powers of the

administrative authorities, the manner in which the powers are
exercised and the remedies which are available to the aggrieved
persons , when those powers are abused by these authorities.
 Scope of Administrative Law

Foundations of Administrative Law

 Checking abuse or detournement of administrative Powers.

 Ensuring citizens an impartial determination of their disputes

by officials.

 Protecting citizens from unauthorized encroachment on their

rights and interest.

 Making those whose execrsise public power accountable to the

people.
 Scope of Administrative Law

In the twenty first century due to economic liberalisation and

globalization , administrative law has assumed transnational
significance.
 Definition of Administrative Law

Wade-
Administrative law is the law relating to the control of
governmental power.

K.C Davis

Administrative Law is the law concerning the powers and

procedures of administrative agencies , including especially the
law governing judicial review of administrative action.
 Definition of Administrative Law

Ivor Jennings

Administrative Law is the law relating to the administration. It

determines the organization, powers and duties of the
administrative authorities.
 Definition of Administrative Law

Jain and Jain

Administrative law deals with the structure , powers and
functions of the organs of the administration , the limits of their
powers , the methods and procedure followed by them in
exercising their powers and functions, the methods by which their
powers are controlled including the legal remedies available to a
person against them when his rights are infringed by their
operations.
 Functions of Administrative Law

 To keep governmental powers within the limits of Law.

 To protect private rights and individual interests.

 To strike a balance between two conflicting forces I)

individual rights and 2) public interests.

 To promote transparency and good governance.

 Theories

 Red Light Theory- Judicial Control – focuses upon controlling

governmental power.

 Green Light Theory – Political process- focuses upon

regulatory measures.
 Administrative Actions- classification

 Rule- Making – Quasi Legislative Action.

 Rule –Decision- Quasi- Judicial Action.

 Rule –Application- Administrative Action.

 Ministerial action- Pure Administrative Action.

 Reasons for the Growth of Administrative Law

 Voluminous functions performed by the State-

 Inadequacy of the adjudicatory mechanism –

 Lack of time and expertise on the part of the legislature –

 Scope for experimentation-

 Efficiency in the Governance – preventive measures

 Relationship between Constitutional Law and
Administrative Law

Constitutional Law Administrative

Law

Constitutional law is a branch of public law. Administrative Law is also a branch of

public law.

It is the Supreme and fundamental law of It derives its sanctity from the Constitution
the land, all the other laws derive its sanctity of India. It’s validity can be tested on the
and validity from the Constitution of the grounds of violation of constitutional norms
country. and principles

It aims at establishing a egalitarian society, It aims at keeping the administrative

where there is no distinction between agencies within the limits of law, it prevents
majority and minority, in this sense it is the administrative authorities exercising
anti-majoritarian. arbitrary powers . In this sense, it is anti-
authoritarian.
 Relationship Between constitutional Law and
Administrative Law

Constitutional Law Administrative Law

Constitutional Law is concerned with the Administrative law is concerned with that
organization and functions of Government organization and those functions in motion.
at rest.

Constitutional law is substantially codified Administrative Law is uncodified,

and written. unwritten and has developed gradually
through court’s decisions.

Constitutional law provides for broad Administrative law provides for minutes
framework for the organization and details associated with the organization and
functions of the government agencies. functions of the administration. Hence it is
Hence, it is sometimes called as law at rest also called as law in motion.
Relationship between Constitutional law and Administrative Law

Though in essence administrative law does not differ from

constitutional law inasmuch as both are concerned with functions
of the government and both are a part of public law in the modern
state and the sources of both are the same and they are inter-
related and complementary to each other belonging to one and the
same family. Strict demarcation, therefore is not possible .
 Concept of Rule of Law

 “Rule of law” is to be understood neither as a “rule” nor a

“law”.

 Rule of law as a doctrine of “State Political Morality.”

 It aims at securing a “correct balance” between “rights "and

“powers” , between individuals , and between individuals and the
state in any free and civil society.

 It infuses the law with certain qualities, like freedom, justice,

equality and accountability.
 Concept of Rule of Law

 The term rule of law is derived from the French phrase la

principe de legalite ( the principle of legality). It means
government based upon the principles of law and not of men.

 Sir Edward Cock is said to be the originator of the concept of

Rule of Law.

 In India concept of Rule of Law can be traced to the

Upanishads. It provides: “ law is the King of kings. It is more
powerful and rigid than they (kings) There is nothing higher
than law . By its powers the weak shall prevail over the strong
and justice shall triumph.”
Concept of Rule of Law- Apex Court’s ruling

 Kesavananda Bharti v. State of Kerala, AIR 1973 SC. 1461.

 Indira Nehru Gandhi v. Raj Narain , AIR 1975 SC. 2299.

 ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.

 AIR India v. Nargesh Mirza, AIR 1981 SC 1829.

 Case Study

Article 371-D(5) (proviso) of the Constitution of India had

authorized the Andhra Pradesh State Government to
nullify any decision of the administrative services
tribunal.

Whether the provision violates the Rule of Law –

P. Sambamurthy v. State of A.P (1987) 1 SCC 362.

 Rule of Law from the eyes of A.V Dicey

 Concept of Droit Administratif

 A.V Dicey- Constitutional Scholar

 Three fundamentals – Concept of rule of Law.

 Supremacy of Law
 Equality before the Law
 Predominance of legal spirit

 Criticism of A.V Dicey’s conception of Rule of Law.

 Separation of Powers

 Doctrine of Separation of Powers is traceable to Aristotle.

 Modern attempts to distinguish between the legislature ,

executive and judicial powers owe their base from the writings of
John Locke and Montesquieu.

 Locke distinguished between -

 Discontinuous legislative power,
 Continuous executive power and
 Federative powers.
 Separation of Powers

Organs of the State

Constitution

State

Legislature Executive Judiciary

Separation of power
Separation of Power
 Separation of Power

Principles
 Exclusivity Principle-

Functional Principle-

Check and balance-

Mutuality Principle-
 Separation of power

 The same person should not form part of more than one
of the three organs of the government.

 One organs of the government should not interfere

with any other organs of the government.

 One organ of the government should not exercise the

functions assigned to any other organ.
 Separation of power

1748- Montesquieu- The Spirit of the Laws-

When the legislative and executive powers are united in the same
person, or in the same body of magistrates, there can be no liberty;
because apprehensions may arise, lest the same monarch or senate
should enact tyrannical laws, to execute them in a tyrannical
manner. Again, there is no liberty, if the judicial power be not
separated from the legislature and executive . Were it joined with
legislature, the life and liberty of the subject would be exposed to
arbitrary control; for the judge would be then the legislator. Were it
joined to the executive power, the judge might behave with violence
and oppression.
.
 Separation of Powers

Montesquieu continues ….

There would be end of everything , were the same man ,

or the same body, whether of the nobles or of the people ,
to exercise those three powers, that of exacting laws, that
of executing the public resolutions and of trying the
causes of individuals.
 Separation of Power

United States of America –US Constitution

Article-I, Section 1 –Vests all legislative powers in the

Congress.

Article –II, Section 1- Vests all executive powers in the

President.

Article –III, Section 1- Vests all Judicial powers in the

Supreme Court.
Separation of power and the Constitution of India

 Article 50- Separation of judiciary from the executive

The State shall take steps to separate the judiciary from
the executive in the public services of the State.

 Kesavananda Bharti v. State of Kerala, AIR 1973 SC.

1461The Hon’ble Supreme Court of India , held that
Constitution of India.
 Separation of Power

 Ram Jawaya kapoor v. State of Punjab, AIR 1955 Sc 549.

Indian Constitution has not indeed recognized the doctrine of
separation of powers in its absolute rigidity.

 Indira Nehru Gandhi v. Raj Narain , AIR 1975 SC. 2299.

C.J Ray- A rigid separation of powers as under the US
constitution or the Australian Constitution does not apply to
India.
Separation of Power and the Constitution of India
 Points to Remember

 Administrative Law is the branch of public Law, primarily

concerned with keeping the governmental powers within the
limits of law.

 Administrative law was not studied as a separate branch of

law, until the mid twentieth century, but because of voluminous
increase in governmental functions and powers , need was felt to
separate Administrative law from the Constitutional law, and
accordingly, Administrative law was developed as a separate
branch of law.
 Points to Remember

 In today's era, with the emphasis on the concepts of

liberalization, globalization and privatization, area of
administrative law is not only confined to nation’s territorial
limits rater it assumes transnational importance.

 Many attempts have been made to define administrative law,

but still there is no single universal acceptable definition on
administrative law exist, scholars have defined administrative law
from one or more perspectives, but have not agreed on common
applicable definition.
 Points to Remember

 Administrative Law perform the functions of keeping the

governmental powers within the limit of law and further aims at
establishing a transparent system in order to promote good
governance , where citizens have remedy against the abuse of
powers by the administrative agencies.

 Administrative actions may be categorized as Quasi-

Legislative, Quasi-Judicial, Administrative and Pure
Administrative actions.
 Points to Remember

 Sweep and extent of administrative law can well be

explained with reference to two theories, namely Red Light
Theory and Green Light Theory. Former emphasizes upon control
mechanism particularly by judiciary, where as latter emphasizes
upon regulatory mechanism through political process.

 Administrative Law as an independent and separate branch of

law developed because of the reasons of - increase in
governmental functions, powers , inadequacy of the adjudicatory
mechanisms, technicality of the subject matter, paucity of time on
the part of the legislator and scope for experimentations for better
implementations.
 Points to Remember

 The Administrative law owes its origin to the Constitution of

the country, both are the branch of public law, but still there exist
some kind of distinction between the twos. Administrative law is
concerned with the governmental functions and powers in
minutes details, where as Constitutional law provides for broad
framework , principles and norms for the structure , organization
and functions of governmental agencies.

 In India, the concept of Rule of Law is all pervasive under the

Constitution of India. Various landmarks decisions of the apex
court time and again emphasized upon the need and importance
of rule of law in the country.
 Points to Remember

 Modern understating about doctrine of separation of

powers can well be attributed to the writings of John Locke
and Montesquieu, though the concept is traceable to the time
of Aristotle.

 In India, the Constitution does not recognise doctrine of

separation of powers in its absolute rigidity, but it does not
mean in India, we do not have doctrine of separation of
power in place. Conceptual understanding relating to
doctrine of separation of powers in India is largely governed
by the principles of check and balance, functional and
mutuality principles .