LEGAL PROFESSIONAL ACADEMY

Legal professional
academy
(Lpa)

Administrative law
Notes-1

Legal professional
academy
Unit of Saathi legal india foundation
www.lgalprofessionalacademy.com
M:93152-70636
 LEGAL PROFESSIONAL ACADEMY

ADMINISTRATIVE LAW
INTRODUCTION:
Administrative Law developed in the 20th Century. The functions of
the State drastically changed and have increased from before. This
has lead to an increase in the scope of Administrative Law. There is a
great divergence (difference) of opinion regarding the definition of
the concept of the administrative law. This is because of the
tremendous increase in the administrative process that it makes
impossible to attempt any precise definition of administrative law
which can cover the entire range of the administrative process.
Hence, one has to expect differences in scope and emphasis in
defining the administrative law. However, two important facts should
be taken into account in an attempt at understanding and defining the
administrative law.
 Firstly, administrative law is primarily concerned with the manner
of exercising governmental power. The decision-making process
is more important than the decision itself.
 Secondly, administrative law cannot fully be defined without due
regard to the functional approach. This is to mean that the function
(purpose) of administrative law should be the underlying element
of any definition. The ultimate purpose of the administrative law
is controlling the exercise of governmental power. The control
aspect impliedly shades some light on the other components of its
definition.

MEANING OF ADMINISTRATIVE LAW

Administrative law is a branch of Public Law which deals with the

structure , powers and functions of the organs of Administration,
the limits f their power and the methods by which their powers are
controlled, including the legal remedies available against them.
Administrative law is the law that governs the administrative
actions. As per Ivor Jennings- the Administrative law is the law
relating to administration. It determines the organisation, powers
 LEGAL PROFESSIONAL ACADEMY

and duties of administrative authorities. It includes law relating to

the rule-making power of the administrative bodies, the quasi-
judicial function of administrative agencies, legal liabilities of
public authorities and power of the ordinary courts to supervise
administrative authorities. It governs the executive and ensures
that the executive treats the public fairly.
It deals with the relationship of individuals with the
government. It determines the organisation and power structure of
administrative and quasi-judicial authorities to enforce the law. It
is primarily concerned with official actions and procedures and
puts in place a control mechanism by which administrative
agencies stay within bounds.
However, administrative law is not a codified law. It is a judge-
made law which evolved over time.

DEFINITIONS OF ADMINISTRATIVE LAW

1. Sir Ivor Jennings :

“ADMINISTRATIVE LAW IS THE LAW RELATING TO THE

ADMINISTRATION. IT DETERMINES THE ORGANIZATION,
POWERS, AND DUTIES OF ADMINISTRATIVE
AUTHORITIES.”

Massey criticizes this definition because it fails to differentiate

administrative and constitutional law. It lays entire emphasis on the
organization, power, and duties to the exclusion of the manner of
their exercise. In other words, this definition does not give due
regard to the administrative process, i.e. the manner of agency
decision making, including the rules, procedures, and principles it
should comply with.

2. I.P. Massey
Administrative law is 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
 LEGAL PROFESSIONAL ACADEMY

which an official action is reached and reviewed in relation to

individual liberty and freedom.” – I.P MASSEY

3. Wade: According to Wade, Administrative Law is the law relating

to the control of Governmental power. According to him the
primary object of Administrative Law is to limit the powers of the
Government to protect citizens against their abuse.

4. 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 actions.

Nature and Scope of Administrative Law

Administrative Law deals with the powers of Administrative
Authorities, exercise of such powers, remedies for aggrieved persons
by such law, etc. Administrative process is considered as a necessary
evil in all progressive Societies, particularly in a Welfare State. Such
process may affect the right of citizens.It has been observed by Lord
Denning, “properly exercised the new powers of the Executive lead
to the Welfare State, but abused they lead to the totalitarian state”.

Administrative Law deals with the following aspect:

(i) Who are Administrative Authorities?
(ii) The powers exercised by such Authorities.
(iii) Limitations of such powers exercised by such Authorities.
(iv) Procedure for using Administrative powers.

According to Friedman the scope of Administrative Law is as under:

(i) It deals with lawmaking powers of Administrative Authorities
under common law and various statutes.
(ii) Judicial and Quasi-Judicial powers of Administrative Authorities
i.e. Court and Tribunal to deal with problems and remedies (Article
136 and 227 of the Constitution of India).
(iii) Executive power of Administration i.e. concentration of power.
(iv) Power of the Court to supervise Administrative Authorities.
(v) Legal liability of public servant.
 LEGAL PROFESSIONAL ACADEMY

According to M. C. Jain the scope of Administrative Law is as under:

(i) Delegated Legislation, indispensability, permissibility, and
constitutionality, modes of delegation, procedural formality required
to be observed by Administrative Agency, safeguard against abuse of
power, judicial control.
(ii) Judicial function: Judicial function of Administrative Agencies,
Administrative Tribunal, procedural guarantee, finality of decision,
jurisdiction of Supreme Court, the High Court over the
Administrative Agencies and Tribunals.
(iii) Government liabilities: Immunities of Administrative Agencies
and bodies from suits, remedies available against the Union of India
and the State instrumentalities.

Administrative Law can precisely be said to be a study of

multifarious powers of Administrative authorities and their control.
The Nature of Powers exercisable by the administrative authorities
can be studied under the following 3 heads:
1. Legislative or Rule making Power
2. Judicial or Adjudicative Power
3. Purely Executive Power.

The Scope of Administrative Law broadly includes the following:

1. Organization & Powers of Various Administrative Bodies

such as Wage Board, Central Board of revenue, Commission
of Enquiry and Advisory Boards, Tariff Commission etc.
2. Rule Making powers of Administrative agencies i.e.
Delegated legislation, safeguards against abuse of powers by
Judicial Control.
3. Judicial Functions of Administrative Agencies Like
Administrative Tribunals.
4. Remedies available against arbitrary action of
Administrative Bodies like Writs, Injunction etc.
5. Government Liability in tort & Contract.

Purpose of Administrative law

 LEGAL PROFESSIONAL ACADEMY

I.P. Massey (I.P. Massey, Administrative Law, 5th ed.) identifies the
basic bricks of the foundation of administrative law as:
 To check abuse of administrative power
 To ensure to citizens an impartial determination of their disputes
by officials so as to protect them from the unauthorized
encroachment of their rights and interests.
 To make those who exercise public power accountable to the
people.

To realize these basic purposes, it is necessary to have a system of

administrative law rooted in basic principles of rule of law and good
administration. A comprehensive, advanced and effective system of
administrative law is underpinned by the following three broad
principles:
 Administrative justice, which at its core, is a philosophy that in
administrative decision making the rights and interests of
individuals should be properly safeguarded.
 Executive accountability, which has the aim of ensuring that those
who exercise the executive (and coercive) powers of the state can
be called on to explain and justify the way in which they have
gone about that task.
 Good administration- Administrative decision and action should
conform to universally accepted standards, such as rationality,
fairness, consistency, and transparency.

Reasons of Growth of Administrative Law.

(i) Change in the nature of State : The Police State has changed to
Welfare State in the 20th Century. The traditional functions of State
i.e. defence and administration of justice has undergone a drastic
change. The State undertakes various functions for the benefit of the
people in the 20th Century.
(ii) Shortcomings of the judicial system: The judicial system has
proved to be inadequate to decide all types of disputes. It was slow,
expensive, complex and having various other drawbacks.
 LEGAL PROFESSIONAL ACADEMY

(iii) Inadequate legislative process: The legislative process is not

capable of laying down detailed rules and regulations for the
functioning of the State.
(iv) Reform in social life: The social aspect has undergone a drastic
change amongst the citizens of the State. More and more laws were
required to deal with complex situations amongst the daily life of
citizens.
(v) Increasing demand from people: Merely defining rights of
citizen was not sufficient but also solving their problem was
important for the State.
(vi) Scope for experiment: The present lawmaking process is time-
consuming and cannot deal with all problems of the Society therefore
it is necessary for a different aspect for making laws.
(vii) Preventive measures: Administrative Authorities also
implement preventive measures like licensing to liquor shops, rate
fixing, etc.
(viii) State Economy: The Administrative Authorities frame national
policies and plans for achieving goals contemplated in the
Constitution of India.
(ix) Regulatory measures: Administrative Authorities implement
regulatory measures in relation to industrial production,
manufacturing and distribution of essential commodities.
(x) Population: Increase in population creates a burden upon the
legislative process to implements various laws for various needs of
growing population.
(xi) Industries: Industrialization lead to various labour issues. The
Administrative machinery was needed to solve such issues.

Functions of Administrative Law.

The primary function of Administrative Law is:
(i) Resist Government powers within the limit of law.
(ii) Protect rights and interests of individuals. Administrative law
aims to control the power of Government, its instrumentalities and
agencies.
 LEGAL PROFESSIONAL ACADEMY

Sources of Administration Law

Administrative law principles and rules are to be found in many

sources. The followings are the main sources of administrative law in
India.
 The Constitution
 Legislation Acts and Statutes
 Delegated Legislation
 Judicial Decision

Difference between Constitutional Law and

Administrative Law
Constitutional law:-
1. Constitutional law is genus.
2. Constitutional law deals with various organs of the state.
3. It deals with the structure of the state.
4. It is the highest law.
5. It gives the guidelines with regard to the general
principles relating to organization and powers of organs
of the state, and their relations between citizens and
towards the state. It touches almost all branches of laws
in the country.
6. It also gives the guidelines about the international relations

Administrative law:-
1. Administrative law is a species of constitutional law.
2. It deals with those organs as in motion.
3. It deals with the functions of the state.
4. It is subordinate to constitutional law.
5. It deals in details with the powers and functions of
administrative authorities.
6. It does not deal with international law. It deals
exclusively the powers and functions of
administrative authorities.