Administrative Law

SUBMITTED BY

Mainampati Sathvik Reddy-338

Maitrab Chauhan-339
Topic- Administrative law is an by-product of intensive form of government-
Analyze this concept in India its impact on present scenario

DIVISION: D CLASS: BBA.LLB. 2016-21

SYMBIOSIS LAW SCHOOL, HYDERABAD

SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE
IN
AUGUST, 2018
UNDER THE GUIDANCE OF
DR. Priyanka Mohod
Associate Professor
Symbiosis Law School, Hyderabad

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 CERTIFICATE

The Project submitted to the Symbiosis Law School, Hyderabad for

Administrative Law, as part of Internal assessment. It is based on my
original work carried out under the guidance of Priyanka Mohod on
30th September 2018. The research work has not been submitted
elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the

thesis has been duly acknowledged.

I understand that I myself could be held responsible and accountable

for plagiarism, if any, detected later.

Date: - 30/09/18

Signature of the candidate: -

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 ACKNOWLEDGEMENT

At the onset, I would like to thank our officiating Director Mr.

Sukvinder singh dari of Symbiosis Law School Hyderabad, without
which this assignment would not have been possible. I would also like
to take this opportunity to express a deep sense of gratitude to
Priyanka Mohod Madam for her cordial support, exemplary guidance,
monitoring and constant encouragement. I am obliged to my friends
and parents for their valuable guidance and co-operation during the
period of this task. The blessing help and guidance was a deep
inspiration to me. 

NAME: M.Sathvik Reddy

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Introduction:

What is Administrative law?

Administrative law is the most growing and complex subject. Because it is basically a
judge made law and the judges are changing their portion very often. This make an
understanding on the subject very much difficult. Further more, recent economic have
added new dimension to the subject.

The growth of welfare state made it necessary for the state to enact new legislation
and this resulted in granting more powers to the executive and the administrative
agencies of the state. But more power to the executive resulted in injustice and breach
of fundamental rights of citizens. So a check and a judicial review of the unrestrained
actions of these organs of the government were necessary and it was administrative
law that could do this.

Definition of Administrative law.

            Professor Ivor Jennings says “ Administrative law is the law relating to the
administration. It determines the organization, power and duties of administrative
authorities.

            Sir A.V. Dicey says- Administrative law is that portion of the national legal
system which determines legal status and liabilities of all state officials, which defines
the rights and liabilities of private individuals in their dealings with public officials which
specifies the procedure by which those rights and liabilities are enforced.

            According to Sir 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.

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            Sir Griffith and Street says – The main object of administrative law is the
operation and control of administrative authorities. It must deal with the following
aspects:

 What sort of power does the administration exercise?

(ii)    What are the limits of those powers?

(iii)  What are the ways in which the administration is kept within those limits?

So, administrative law is the law relating to administration. It determines the

organization, powers and the duties of administrative authorities.

            In other words, administrative law is a branch of public law, deals with
organizations and powers of administrative and quasi-administrative agencies and
prescribes principles and rules by which an official actions is reached and reviewed in
relation to individual liberty and freedom.

Administrative law stands on two basic principles of natural justice  - 

(i) that one should not be judge of his own case 

(ii) that no man shall be condemned unheared.

Administrative law deals with the concepts of due process of litigation,

separation of power, delegated legislation and judicial review of administrative action.

What is the distinction between quasi-judicial and judicial functions of

administrative law?

The distinctions between quasi-judicial and judicial function of administrative law are
given below with some points.

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(i) Trappings: A quasi-judicial authority has some of the trappings of a court, but not
all of them, yet there is an obligation to act judicially.

(ii) Argument: Argument is an essential characteristic of a judicial function, but this may
not be true of a quasi-judicial function.

(iii) Rules of evidence: The court is bound by rules of evidence and procedure while
quasi-judicial authority is not.

(iv) Precedent: While a court is bound by precedents, a quasi-judicial authority is not.

(v) A court can not be a judge in its own cause, while an administrative authority
vested with quasi-judicial powers may be a party to the controversy but can still decide
it.

What is administrative function?

In Ram Jawaya Vs. State of Punjab AIR 1955 SC 549

C.J observed: “it may not be possible to frame an exhaustive definition of what

executive functions means and implies. Ordinarily, the executive power connotes the

residue of governmental functions that remains after legislative and judicial functions are

taken away”.

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Thus, administrative functions are those functions which are neither legislative nor

judicial in character. Generally, the following ingredients are present in administrative

functions.

(i) Administrative orders are generally based on governmental policy or expediency.

(ii) In administrative decisions, there is no legal obligation to adopt a judicial approach

to the questions to be decided and the decisions are usually subjective rather than

objective.

(iii) An administrative authority can take a decision in exercise of a statutory power or

even in the absence of statutory provision provided that such decision or act does not

contravene the provisions of any law.

(iv) An administrative authority is not bound by the rules of evidence or procedure

unless the relevant statute specifically imposes such an obligation.

(v) Administrative functions may be delegated and sub-delegated unless there is a

specific bar or prohibiting the statute.

(vi) An administrative authority is not always bound by the principles of natural justice.
But if statute casts a duty upon the authority either expressly or by necessary
implication.

(vii) An administrative order may be held to be invalid on the ground of

unreasonableness.

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(viii) The prerogative writ of certiorari and prohibition are not always available against
administrative action.

Development of delegated legislation in India

The Privy Council was India's highest court of appeal in constitutional matters until
1949. The question of constitutionality was referred to the Privy Council in the famous
case of RV Birah (1878) 3 AC 889.L The Indian Legislative Assembly enacted a law
in 1869 to exclude Groro Hills from the civil and criminal jurisdiction of Bengal and to
entrust the powers of the civil and criminal administration to an officer appointed by the
legislative governor of Bengal. Section 9 of the Act further authorized the Legislative
Governor to extend any provision of this Act by making incidental amendments to the
Khasi and Jaintia Hills. By notification, the legislative governor extended all the
provisions of the law to the districts of Khasi and Jaintia Hills. One Burah was tried for
murder by the Khasi Commissioner and Jaintia Hills and sentenced to death. The High
Court of Calcutta stated that Article 9 was a delegation of legislative power
unconstitutional by the Indian legislature. The reason was that the Indian legislature is a
delegate of the British Parliament. As a result, a delegate can no longer delegate. The
Privy Council on appeal overturned the decision of the Calcutta High Court and upheld
the constitutionality of section 9 on the grounds that it was only a contingency
legislation. The Privy Council decision has been interpreted in two different ways.

(i) the Indian legislature was not delegated from the British Parliament; the delegation
of legislative functions is unlimited.

(ii) The Privy Council validated only the conditional legislation. Therefore, delegation of
legislative power is not allowed.

Thus, it was not clear that full delegated legislation was allowed or that only conditional
legislation was permitted

Federal Court

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The question of constitutionality of delegation of legislative powers came before the
Federal Court in Jhatindra Nath Gupta Vs. Province of Bihar, AIR 1949 FC 175. On
this case section 1(3) of Bihar Maintenance of public order Act, 1948 was challenged
on the ground that it authorized the provincial government to extend the life of the Act
for one year with modification as it may deem fit. The Federal Court held that

the power of extension with modification is unconstitutional delegation of legislative

power because it is an essential legislative Act. In this manner for the first time it was
held that in India legislative powers cannot be delegated. However, Fazal Ali J. in his
dissenting opinion held that the delegation of the power of extension of the Act is
unconstitutional because according to him it merely amounted to a continuation of the
Act. Later on, it is submitted that the minor view was correct and the Supreme Court
upheld similar provision in another cases.

Supreme Court

The decision in Jatinfra Nath Case created doubts about the limits of delegation of
legislative powers. Therefore, in order to clarify the position of law for the future
guidance of the legislature in matters of delegation of legislative function, the President
of India sought the opinion of the Court under Article 143 of the Constitution on the
constitutionality of three Acts which conferred extension of area and modification power
to the executive.

The Delhi Laws Act case, AIR 1951 SC 332,among them, said to be the Bible of
delegated legislation. Seven judges heard the case and produced separate judgments.
The case was argued from two extreme points.

Argument-1: Power of legislation carries with it the power to delegate. If the legislative

don’t abdicate itself, there can be no limitation on delegation of legislative powers.

Argument-2: As there is in the Constitution the separation of powers and delegatus non
potest delegare, so there is an implied prohibition against delegation of legislative
powers.

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The Supreme Court took the moderate view and held-

(i) Doctrine of separation of powers is not a part of the constitution.

(ii) Indian Parliament is never considered an agent of anybody and therefore doctrine
of delegatus non potest delegare has no application.

(iii) Parliament cannot abdicate or efface itself by creating a legislative body.

(iv) Power of delegation is ancillary to the power of legislation.

(v) The limitation upon delegation of power is that the legislature cannot part with its
essential legislative power that has been expressly vested in it by the constitution.
Essential legislative power means laying down the policy of the law and enacting that
policy into a rule of conduct.

So, the delegation was held to be valid except with repealing and modification of
legislative power.

Research Methodology:

This Research is based on doctrinal research as well as the content which has been

borrowed from internet, many articles and journals.

Bibliography:

1. Jain and Jain, Administrative Law in India, 12 th edition

Eastern Book Company, Lucknow.

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2. www.NDAD.Nationalarchives.gov.u.k

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