Sushant

Ravindra Harawde
SYLLB – Div A
Roll No - 22

Administrative Law

CLASSIFICATION OF ADMINISTRATIVE
ACTION
 Introduction -
In modern welfare state, It cannot be assumed that legislative functions are performed only by
the legislature, executive functions are exclusively by the executive and Judicial functions by the
Judiciary only.

Function of Administrative authority -

Administrative functions – Preparing and adopting schemes, issues and cancels licenses.
Legislative/Quasi Legislative Functions – Frames rules, regulations and bye-laws, fixes prices etc.
Judicial/Quasi Judicial Functions –Settlement of disputes, imposes fines and penalties.
Classification of Administrative actions
1 – Administrative action – Whether legislative or Quasi Judicial

2 – Administrative action – Whether legislative or Administrative

3 – Administrative action – Whether Administrative or Quasi-Judicial

Why this classification is necessary?
1 – Such classification is useful for defining the limits of such powers.

2 – It is also important that when considering the remedies of an aggrieved party against whom
such powers have been exercised.
For instance –
Authority is discharging administrative function – Remedy – Higher administrative authority.
Judicial/Quasi Judicial functions – Remedy – Court
Legislative functions – Remedy – Either Judicial Review / to approach legislature to exercise
legislature controls.
Administrative Action – Whether
legislative or Quasi-Judicial.
Legislative functions consists, mainly of making rules, regulations, bye laws etc. Fixation of prices,
imposing a tax etc.

When an administrative authority makes an inquiry, investigates into matter and imposes fines and
penalties, it is discharging a quasi-judicial function.
Administrative Action – Whether
legislative of administrative.
Distinction between legislative and administrative functions becomes important when one takes
into account following considerations –
1 – If an order is legislative in nature, it should be published as required by law, where as publicity
is not necessary if it is of an administrative nature.
2 – In case of an administrative order, if the authority has not acted judicially though required by
law to do so, a writ of certiorari can be issued to quash the order. This, however, is not possible if
the act is legislative in nature.
3 – Again, legislative powers can be sub-delegated only in exceptional circumstances, whereas
administrative powers can generally sub-delegated.
4- Subordinate legislation cannot be struck down for unreasonableness, unless a case of malafide
of abuse of power is shown. If an administrative order is unreasonable, a judicial remedy is always
available.
Administrative Action – Whether administrative or
Quasi Judicial.
According to committee on Ministers’ Powers, a Judicial function involves the
following five requisites –
1 – There is an existing dispute between two or more parties.
2 – The parties present their arguments.
3 – When there is a disputed question of fact, parties present their evidence,
followed by arguments on such evidence.
4 – When there is a disputed question of law, legal arguments are advanced on
behalf of the parties.
5 – Finally there is a decision in the matter, which is arrived at by applying the
law to the facts that are proved.
Thank You!!!