ADMIN 1

Introduction to Administrative Law

Administrative Law is a branch of public law that focuses on the organization, functions,
and powers of administrative authorities. It is the legal framework within which public
administration is carried out, ensuring that governmental agencies act within their legal
boundaries and respect the rights of individuals.

In essence, administrative law governs the activities of government agencies. It covers

everything from rule-making (when agencies create regulations) to adjudication (when
agencies resolve disputes) and enforcement (when agencies enforce laws and regulations).
This area of law is crucial because it regulates the relationship between individuals and the
government, ensuring that administrative bodies act fairly and justly.

For example, if a government agency imposes a fine on a company for violating

environmental regulations, administrative law ensures that the agency followed the correct
procedures and that the company had a chance to defend itself.

Evolution of Administrative Law

1. Ancient India and the Rule of Dharma:

o In ancient India, the concept of governance was deeply rooted in the Rule of
Dharma, which emphasized moral duty and righteousness. The rulers were
expected to govern according to these principles, ensuring justice and fairness.
This early form of administrative law was not codified but was understood as
a set of ethical obligations that those in power had to follow to ensure the
well-being of their subjects.
2. British Rule in India:
o The British colonial administration introduced formal laws to regulate various
aspects of life in India. Several acts were passed to ensure order and
governance. For instance:
 The State Carriage Act, 1861: This act introduced the concept of
administrative licensing, where the government could control public
transport by issuing licenses.
 The Bombay Port Trust Act, 1879: This act established the first
public corporation in India, setting a precedent for public sector
undertakings.
 The Opium Act, 1878: This act was one of the early examples of
delegated legislation, where the British government delegated certain
legislative powers to administrative authorities.

These developments laid the foundation for modern administrative law by introducing
the idea that the government could regulate and control various aspects of life through
laws and regulations.

3. 21st Century Developments:

o The 21st century saw a significant expansion in the role of government,
particularly in social and economic spheres. As the government’s involvement
in areas like healthcare, education, and social security increased, so did the
 importance of administrative law. This period also witnessed a rise
in delegated legislation, where legislative bodies delegated powers to
administrative agencies to create detailed rules and regulations necessary to
implement broader laws passed by the legislature.
4. World War II and Administrative Law:
o During World War II, the government’s need to maintain control over various
aspects of life became paramount. For example, the Defence of India Act,
1939 gave the executive branch wide-ranging powers to regulate life, liberty,
and property without much judicial oversight. This period highlighted the
tension between the need for strong administrative control and the protection
of individual rights, a balance that administrative law seeks to maintain.
5. Post-Independence India:
o After India gained independence, the role of the government expanded further,
particularly in the context of a welfare state. The Industrial Disputes Act,
1947 and the Minimum Wages Act, 1948 are examples of laws that reflected
the government’s increased involvement in social welfare. The Constitution of
India, particularly through its Preamble, Fundamental Rights (FRs),
and Directive Principles of State Policy (DPSP), provided a framework for a
welfare state, guiding the development of administrative law in ensuring that
government actions aligned with these constitutional goals.
6. Judicial Interpretation and Administrative Law:
o The Indian judiciary has played a crucial role in the development of
administrative law by interpreting laws and the Constitution in a way that
promotes social welfare and justice. Courts have expanded the principles of
natural justice and fairness in administrative proceedings, ensuring that
administrative actions do not violate individuals' rights. This is why
administrative law is often referred to as "judge-made law"—the judiciary has
shaped it significantly through its rulings.

Sources of Administrative Law

1. The Constitution:
o The Constitution is the primary source of administrative law. It establishes the
framework for government and defines the powers and functions of various
administrative bodies, including the President, Ministers, and local
government authorities. The Constitution also sets limits on how these powers
can be exercised, ensuring that administrative actions are consistent with
constitutional principles.
2. Statutes:
o Statutes, or laws passed by the legislature, are another major source of
administrative law. Many administrative agencies are created by statutes,
which also define their powers, duties, and procedures. For example,
the Consumer Protection Act creates Consumer Protection Authorities and
outlines their functions. Statutes often grant administrative bodies powers to
make regulations, enforce laws, and adjudicate disputes.
3. Judicial Decisions:
o Judicial decisions, particularly those from higher courts like the Supreme
Court, play a significant role in developing administrative law. Courts
interpret statutes and review the actions of administrative agencies, setting
 precedents that guide future decisions. This process is known as stare decisis,
where courts follow previous rulings to ensure consistency in the law.
4. Ordinances, Notifications, and Circulars:
o Ordinances are temporary laws issued by the President or Governors when
the legislature is not in session. They provide additional powers to
administrators in urgent situations. Notifications and circulars are directives
issued by higher authorities to guide the actions of lower administrative
bodies, ensuring that policies are implemented consistently.
5. Common Law Principles and Equity:
o Administrative law also draws on common law principles (laws developed
through judicial decisions over time) and the doctrine of equity, which focuses
on fairness. These principles ensure that administrative actions are just and
reasonable, even when specific statutes do not address particular issues.

Nature of Administrative Law

1. Powers of Administrative Authorities:

o Administrative law defines the powers of administrative bodies, such as the
ability to make regulations, enforce laws, and adjudicate disputes. It also
outlines the limits of these powers to prevent abuse.
2. Remedies for Aggrieved Persons:
o If an administrative authority abuses its powers or violates an individual’s
rights, administrative law provides remedies. These can include judicial
review, where courts assess the legality of administrative actions, and specific
remedies like injunctions or damages.
3. Doctrine of Separation of Powers:
o This doctrine is central to administrative law. It divides government power
into three branches—legislative (makes laws), executive (implements laws),
and judicial (interprets laws)—and ensures that no branch oversteps its
boundaries. Administrative law often deals with how these powers are
exercised by administrative agencies, which sometimes blur the lines between
these branches.
4. Rule of Law:
o Administrative law upholds the rule of law, which means that all government
actions must be based on law and that no one, including government officials,
is above the law. This principle ensures that administrative authorities act
legally and fairly.
5. Delegated Legislation:
o Delegated legislation refers to the laws and regulations made by administrative
authorities under powers given to them by the legislature. For example,
Parliament might pass a law requiring businesses to comply with safety
standards but leave it to an administrative agency to define what those
standards are. Administrative law ensures that this delegated power is
exercised within the limits set by the legislature.
6. Administrative Tribunals:
o Administrative tribunals are specialized bodies that handle disputes related to
administrative actions, such as labor disputes or tax issues. Unlike regular
courts, tribunals often have more flexible procedures and are not bound by
strict rules of evidence, making them more accessible and efficient.
Scope of Administrative Law

1. Rule-Making (Quasi-Legislative Action):

o Administrative law covers how administrative agencies create rules and regulations.
These rules must be within the scope of the authority granted by the legislature and
must follow the proper procedures.
2. Decision-Making (Quasi-Judicial Action):
o When administrative agencies resolve disputes, they perform quasi-judicial functions.
Administrative law governs how these decisions are made, ensuring that they are fair,
impartial, and based on evidence.
3. Rule Application (Administrative Action):
o Administrative law also deals with how agencies apply rules to individual cases. This
includes actions like issuing licenses, imposing fines, or granting permits. These
actions must be carried out lawfully and fairly.
4. Ministerial Action (Pure Administrative Action):
o This refers to routine administrative tasks that do not involve much discretion, such
as processing applications or maintaining records. While these actions are usually
straightforward, administrative law still ensures that they are performed correctly and
without bias.
5. Control Mechanisms (Review Process):
o Administrative law includes mechanisms for controlling administrative actions.
These include:
 Judicial Review: Courts can review administrative actions to ensure
they are lawful and fair.
 Statutory Authorities: Bodies like the Ombudsman or Human Rights
Commissions can investigate complaints against administrative
authorities.
 Public Opinion and Media: In modern times, public scrutiny and
media coverage can act as powerful checks on administrative power.
 Civil Society: Non-governmental organizations and advocacy groups
also play a role in holding administrative bodies accountable.
6. Easy Access to Justice:
o A key aspect of administrative law is ensuring that individuals can easily challenge
administrative actions that affect them. This includes simplifying procedures,
reducing costs, and making legal remedies more accessible.

Reasons for the Growth of Administrative Law

1. Changing Role of the State:

o As governments have taken on more responsibilities, particularly in areas like
social welfare and economic regulation, the need for a robust framework to
manage these activities has grown, leading to the development of
administrative law.
2. Urbanization:
o The growth of cities and the complexities of managing urban life have
required more regulation and administrative oversight, contributing to the
expansion of administrative law.
3. Emergency Situations:
o Events like wars, natural disasters, or pandemics often require the government
to take swift and decisive action, sometimes bypassing the usual legislative
 process. Administrative law provides the framework for these actions while
ensuring that they remain within legal bounds.
4. Inadequacy of the Judicial System:
o Traditional courts are often overburdened and slow, making them less
effective at handling the growing number of disputes involving administrative
decisions. Administrative tribunals and other mechanisms have evolved to fill
this gap.
5. Inadequacy of the Legislative Process:
o Legislatures cannot anticipate every detail when passing laws, so they delegate
some of their powers to administrative bodies that can make more specific
rules and regulations. This delegated legislation is a key area of administrative
law.
6. Scope for Experimentation:
o Administrative agencies can experiment with different approaches to
governance, adjusting rules and procedures to better serve the public.
Administrative law provides the flexibility needed for this experimentation.
7. Preventive Mechanisms:
o Administrative authorities often have the power to take preventive measures,
like suspending licenses or banning harmful products, to protect the public.
Administrative law ensures that these powers are exercised responsibly.

Theories of Administrative Law

1. Red Light Theory:

o This theory emphasizes controlling government power to prevent its abuse.
It’s based on the belief that power tends to corrupt, and absolute power
corrupts absolutely. The Red Light Theory advocates for strong judicial
oversight to keep administrative agencies within their legal limits and to
protect individual rights.
o Example: If a government agency tries to enforce a rule that violates
individual rights, the courts can intervene to stop it.
2. Green Light Theory:
o The Green Light Theory, on the other hand, focuses on enabling government
action rather than restricting it. This theory acknowledges that administrative
agencies need some level of discretion to effectively manage public affairs.
Instead of relying heavily on judicial oversight, the Green Light Theory
emphasizes internal controls and the political process to ensure that agencies
act in the public interest.
o Example: Allowing an environmental agency the freedom to create and
enforce regulations to protect the environment without constantly needing
court approval.
3. Amber Light Theory:
o The Amber Light Theory is a middle ground between the Red and Green Light
theories. It recognizes the need for both enabling government action and
controlling it to prevent abuse. This theory suggests that administrative law
should balance the need for effective governance with the protection of
individual rights, using both internal controls and judicial oversight as needed.
o Example: Courts review the procedures followed by an agency to ensure
fairness but do not interfere with the agency’s discretion unless there’s a clear
abuse of power.
Administrative law is a crucial area of law that balances the power of the government with
the rights of individuals. It ensures that administrative bodies act within their legal limits and
provides mechanisms for individuals to challenge decisions that affect them. Understanding
the evolution, nature, scope, and theories of administrative law helps us appreciate its role in
modern governance, especially in a complex and rapidly changing world.

Evolution of the State

Laissez-Faire State

 Concept of Laissez-Faire: "Laissez-Faire" is a French phrase meaning "let it be." It

describes an economic environment where transactions between private parties are
free from government intervention, such as regulations, taxes, and tariffs. The
government’s role is minimal, limited to protecting property rights, enforcing
contracts, and maintaining national defense.
 Historical Background: The concept stems from a meeting in 1680 between French
Finance Minister Jean-Baptiste Colbert and French businessmen. When asked how
the state could help promote commerce, one businessman replied, "Laissez-nous
faire" (let us be).

Social Welfare State

 Concept: The Social Welfare State represents a shift from the Laissez-Faire model.
Here, the government plays a key role in protecting and promoting the economic and
social well-being of its citizens. The state intervenes in the economy to redistribute
wealth and provide essential services like healthcare, education, and social security.
 Parens Patriae Doctrine: This refers to the power of the state to act as a guardian for
those who cannot care for themselves.

Modern State

 Max Weber’s Definition: A modern state is a system of administration and law,

which guides the collective actions of the executive staff. It claims authority over its
territory and its members.
 Characteristics: The modern welfare state aims to protect and promote the social and
economic welfare of the people. It focuses on principles like equality of opportunity
and equitable distribution of wealth.

Relationship Between Administrative Law and Constitutional Law

 Genus and Species: Constitutional Law (CL) is the supreme and highest law of the
country, and Administrative Law (AL) is a species of it. AL is subordinate to CL.
 Structure vs. Function: CL deals with the structure of the state, whereas AL deals
with the functioning of the state’s organs.
 Guidelines and Powers: CL provides guidelines for the organization and powers of
state organs and their relationship with citizens. AL deals with the powers and
functions of administrative authorities.
 International Relations: CL gives guidelines about international relations, whereas
AL focuses on the powers and functions of administrative authorities within the
country.
  Detailed Functions: CL outlines the constitutional status of ministers and public
servants. AL is concerned with the organization of services and the functioning of
government departments.
 Duties Imposed: CL imposes duties on administrators, such as not violating
fundamental rights and implementing social welfare schemes. Administrators must
follow CL first and then AL.
 Control over AL: CL has complete control over AL and administrators.
Administrators must perform their functions in obedience to CL.
 Legislation Powers: CL grants the power of supreme legislation to Parliament, while
AL grants subordinate legislative powers to the executive, under Parliament’s control.

Rule of Law

 Plato’s Perspective: Plato argued that the state would collapse if the law is subject to
authority rather than the government being subject to the law.
 Aristotle’s View: Aristotle endorsed the concept by stating that "law should govern
and those in power should be servants of the laws."
 Origin of the Term: The term "Rule of Law" comes from the French phrase "la
principe de legalite," which refers to a government based on law rather than arbitrary
decisions.
 Meaning: According to the Oxford Advanced Learner’s Dictionary, "Rule of Law"
means the situation in which all citizens, as well as the state, are ruled by the law.
 A.V. Dicey’s Three Principles:
1. Supremacy of Law: Law is supreme, and no one can be punished except for a
breach of the law.
2. Equality Before the Law: All individuals, regardless of status, are subject to
the same laws.
3. Predominance of Legal Spirit: Rights are derived from court judgments rather
than from constitutional provisions.

 Advantages of Rule of Law:

o Ensures administrative authorities remain within their limits.

o Acts as a measure to test administrative actions.
o Contributed to the recognition and growth of Administrative Law.

 Criticism of Dicey’s Theory:

o Dicey’s thesis was not fully accepted, even in his time.

o He failed to distinguish between arbitrary powers and discretionary powers.
o He misunderstood the concept of "droit administratif" in France.

Rule of Law under the Indian Constitution

 Preamble: The Preamble of the Indian Constitution reflects the ideals of the Rule of
Law.
 Article 13: Ensures any law violating the Constitution is invalid.
 Article 14: Guarantees equality before the law.
 Article 21: Protects the right to life and personal liberty.
  Article 265: No tax shall be levied or collected except by authority of law.
 Article 300A: No person shall be deprived of property except by authority of law.

Important Case Laws

 Kesavananda Bharati v. State of Kerala (1973): The Supreme Court recognized the
Rule of Law as part of the basic structure of the Constitution.
 Maneka Gandhi v. Union of India (1978): The Supreme Court declared that Article 14
strikes against arbitrariness.
 Smt. Indira Gandhi v. Raj Narain (1975): The Supreme Court declared Article 329-A
invalid as it abridged the Basic Structure of the Constitution.
 A.D.M. Jabalpur v. Shivakant Shukla (1976): The Supreme Court controversially held
that there is no Rule of Law other than the Constitutional rule of law during an
Emergency.
 Bachan Singh v. State of Punjab (1980): The Supreme Court affirmed that the Rule of
Law permeates the entire fabric of the Constitution and excludes arbitrariness.

Preservation and Enforcement of Rule of Law

 Article 141: The law declared by the Supreme Court is binding on all courts within
India.
 Article 142: The Supreme Court may pass decrees or orders necessary to do
complete justice.
 Article 144: All authorities in India are required to act in aid of the Supreme Court.

Judicial Review

 Articles 226 and 227: High Courts have the power to issue writs for the enforcement
of fundamental rights.
 Article 32: The Supreme Court has the power to issue writs for the enforcement of
fundamental rights.
 Article 136: The Supreme Court has the discretionary power to grant special leave to
appeal.

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Doctrine of Separation of Powers

Origin and Development:

 The Doctrine of Separation of Powers is a foundational principle in governance that

was originally conceptualized by Aristotle and later developed by John
Locke in Second Treatises of Civil Government (1689) and Montesquieu in The Spirit
of the Laws (1748).
 Montesquieu argued that for a government to function fairly, it should be structured
so that the powers of government—legislative, executive, and judicial—are
 separated into different branches. This would prevent the concentration of power
and reduce the likelihood of tyranny.

Key Principles by Wade and Phillips:

1. No Overlapping of Functions: The same individuals should not be members of more

than one branch of government (e.g., a person should not be both a minister and a
judge).
2. Non-Interference: Each branch should not interfere with the functioning of another
branch (e.g., the executive should not control judicial decisions).
3. Distinct Functions: Each branch should exercise only its own functions (e.g., the
judiciary should not make laws).

Famous Quotes:

 Lord Acton: "Every power tends to corrupt, and absolute power corrupts absolutely."
This quote highlights the dangers of concentrating all governmental power in one
entity.
 Blackstone: He emphasized that if one person or body holds legislative, executive,
and judicial powers, it would end personal liberty, leading to despotism.

Merits of the Doctrine

 The Doctrine has significantly influenced the development of administrative law and
the structure of modern governments.
 James Madison: He warned that the accumulation of all powers—legislative,
executive, and judicial—in the same hands, whether of one person, a few, or many, is
the very definition of tyranny.

Criticisms and Defects of the Doctrine

 No Separation in the UK: The Doctrine of Separation of Powers has never been fully
applied in the UK. British governance, traditionally, has involved a mix of powers
among branches.
 Donoughmore Committee: A committee in the UK observed that absolute separation
of powers does not exist in the British Constitution, where the branches often
overlap.
 Woodrow Wilson: He critiqued the Doctrine by suggesting that government is a
living entity that requires cooperation among its branches, not strict separation.
 Justice Frankfurter: He pointed out that enforcing a rigid separation would make
modern government unworkable.

Significance of the Doctrine

  While strict separation of powers is impractical, the Doctrine’s emphasis on checks
and balances is crucial to prevent the abuse of power, particularly by ensuring
judicial independence from the executive.

Doctrine of Separation of Powers in Different Countries

1. United States:

 Article I: Legislative powers are vested in Congress.

 Article II: Executive powers are vested in the President.
 Article III: Judicial powers are vested in the Judiciary.
 Jaffe and Nathanson: They noted that the division of government into three distinct
branches is clearly reflected in the U.S. Constitution.
 Thomas Jefferson: He expressed that concentrating all powers in one body is the
very definition of despotic government.

2. United Kingdom:

 Integration of Powers: Unlike the U.S., the UK does not follow a strict separation of
powers. Instead, it operates on a system where the branches of government often
overlap.

3. India:

 The Indian Constitution, while influenced by the Doctrine, does not enforce it rigidly.
Instead, it incorporates a flexible separation where the branches are expected to
cooperate while respecting each other's functions.

Key Case Laws in India

1. R.S. Ram Jawaya Kapur v. State of Punjab (1955)

 Facts: The Punjab government nationalized the publication, printing, and sale of
textbooks. The petitioners challenged this, arguing that the executive cannot
undertake such actions without a law authorizing it and that it violated their right to
trade under Article 19(1)(g).
 Judgment: The Supreme Court dismissed the petition, holding that the Indian
Constitution does not recognize a rigid separation of powers but ensures that the
functions of each branch are sufficiently differentiated.
 Significance: The case highlighted that while the separation of powers is not absolute
in India, the different branches have well-defined roles and should not encroach on
each other’s essential functions.

2. Golak Nath v. State of Punjab (1967)

  Facts: The petitioners challenged amendments made to the Constitution that
affected their fundamental rights, arguing that Parliament did not have the power to
amend these rights.
 Judgment: The Supreme Court held that Parliament could not amend fundamental
rights, establishing a clear distinction between legislative and judicial powers.
 Significance: The case emphasized that each branch should operate within its
constitutionally defined limits, reaffirming the importance of the separation of
powers.

3. I.R. Coelho v. State of Tamil Nadu (2007)

 Facts: The case involved laws placed in the Ninth Schedule of the Constitution, which
were immune from judicial review. The challenge arose over whether such immunity
could be sustained after the Basic Structure Doctrine was established
in Kesavananda Bharati v. State of Kerala.
 Judgment: The Supreme Court ruled that even laws in the Ninth Schedule are subject
to judicial review if they violate the basic structure of the Constitution, particularly
fundamental rights.
 Significance: This case reinforced judicial review as a fundamental component of the
separation of powers, ensuring that legislative actions remain within constitutional
bounds.

4. SC Advocates-on-Record v. Union of India (NJAC Case)

 Facts: The case challenged the 99th Constitutional Amendment, which sought to
replace the Collegium system with the National Judicial Appointments Commission
(NJAC) for appointing judges.
 Judgment: The Supreme Court declared the 99th Amendment unconstitutional,
holding that it violated the independence of the judiciary, which is a part of the
Constitution's basic structure.
 Significance: The decision highlighted the critical importance of judicial
independence within the separation of powers, ensuring that the judiciary remains
free from executive and legislative influence.

Droit Administratif (French Administrative Law)

Meaning:

 Droit Administratif is a French legal system that governs the relationship between
the state and its citizens. It involves a separate body of law and courts, distinct from
ordinary civil law and courts.

Key Rules:

1. Administrative Authorities: Deals with the rules regarding the appointment, duties,
and actions of public officials.
 2. Public Services: Regulates how public services are operated to meet the needs of
citizens, either by public officials or under their supervision.
3. Administrative Adjudication: Disputes involving the administration are resolved by
special administrative courts like the Conseil d’État, which is the highest
administrative court in France.

Classification of Administrative Functions

1. Rule-Making (Quasi-Legislative Action)

 Description: This involves creating rules, regulations, or bylaws that have the force of
law.
 Examples: Fixing prices, declaring a place as a market yard, imposing taxes, or
extending municipal boundaries.

2. Rule Decision (Quasi-Judicial Action)

 Description: When an administrative authority acts like a judge in deciding specific

disputes, applying laws to individual cases.
 Examples: Disciplinary actions against students, dismissing an employee, confiscating
goods, or revoking a license.

3. Rule Application (Administrative Action)

 Description: This involves the implementation of laws or the execution of

administrative orders.
 Examples: Issuing detention orders, acquiring property, or appointing an arbitrator.

4. Ministerial (Pure Administrative Action)

 Description: Actions taken by an administrative agency as a matter of duty, without

any discretion or judgment.
 Examples: Collecting taxes, opening a bank account for the agency, or preparing
reports for the government.

Distinctions Between Functions

Legislative vs. Judicial Functions

 Legislative Functions:
o Involves law-making, applicable to the public at large.
o Examples include passing new laws or amending existing ones.

 Judicial Functions:
 o Involves interpreting and applying the law to specific cases.
o Examples include court judgments or legal rulings.

Legislative vs. Administrative Functions

 Legislative Functions:
o Law-making is done by Parliament or state legislatures, and the laws apply
broadly.

 Administrative Functions:
o Involves implementing these laws and making specific decisions that apply
the law to individual cases.

Judicial vs. Quasi-Judicial Functions

 Judicial Functions:
o Decisions are based on strict legal procedures, and the outcome is binding,
typically involving a court.

 Quasi-Judicial Functions:
o Decisions resemble judicial rulings but are made by administrative bodies or
tribunals, often without strict legal procedures.

Administrative vs. Quasi-Judicial Functions

 Administrative Functions:
o Typically involves broad decision-making or policy implementation without
necessarily following judicial procedures.

 Quasi-Judicial Functions:
o Involves decision-making that requires fairness and adherence to procedures,
often with an impact similar to a court ruling.