Definitions of Administrative law
Administrative Law: Detailed Explanation
1. What is Administrative Law?
Administrative Law is a branch of public law that governs the activities of administrative agencies of government. It concerns the rules, regulations, orders, and decisions created and enforced by these agencies and provides mechanisms for regulating their powers.
At its core, administrative law deals with:
The powers and duties of administrative authorities.
The procedures for making administrative decisions.
The control and accountability of administration to prevent abuse of power.
The remedies available to individuals affected by administrative decisions.
2. Key Features
Rule-making (delegated legislation): Agencies can make detailed rules under powers delegated by the legislature.
Adjudication: Agencies may have quasi-judicial powers to adjudicate disputes.
Enforcement: Agencies implement and enforce laws and regulations.
Judicial Review: Courts review administrative actions for legality, reasonableness, and procedural fairness.
3. Definitions of Administrative Law
Here are some classical and modern definitions:
Professor Wade:
“Administrative law is the body of rules, principles, and procedures relating to the organization and operation of the executive branch of government.”
Ivor Jennings:
“Administrative law is the law relating to the administration of the state and the relations of the administration with the citizen.”
Lord Greene MR (UK case of Ridge v Baldwin, 1964):
Administrative law embodies the principles that administration must act fairly, follow due process, and not act arbitrarily.
Justice Frankfurter (USA):
Administrative law is concerned with the legal principles governing the administration of government affairs.
4. Important Case Law Illustrating Administrative Law Principles
⚖️ 1. Ridge v. Baldwin (1964) AC 40 (UK)
Facts:
Ridge, a police officer, was dismissed without a fair hearing.
Legal Issue:
Whether dismissal without giving a chance to be heard violated natural justice.
Holding:
The House of Lords held that administrative decisions affecting rights must observe natural justice (fair hearing).
Significance:
Established the principle of audi alteram partem (right to be heard) as fundamental in administrative law.
⚖️ 2. A.K. Kraipak v. Union of India (1969) AIR 150
Facts:
The case involved the selection process for the post of a member of a mining advisory board where bias was alleged.
Legal Issue:
Whether the principles of natural justice apply to administrative decisions.
Holding:
The Supreme Court of India ruled that administrative actions that affect rights or interests must be fair and unbiased and must comply with natural justice.
Significance:
Reinforced that administrative discretion is subject to judicial review and must follow fair procedures.
⚖️ 3. Maneka Gandhi v. Union of India (1978) AIR 597
Facts:
Maneka Gandhi’s passport was impounded without providing reasons.
Legal Issue:
Whether the procedure under the Passport Act satisfied the requirement of due process under Article 21 (right to life and liberty).
Holding:
The Supreme Court expanded the scope of administrative law by holding that procedure must be just, fair, and reasonable whenever life or liberty is affected.
Significance:
This case revolutionized administrative law by linking procedural fairness with constitutional due process.
⚖️ 4. L. Chandra Kumar v. Union of India (1997) AIR 1125
Facts:
Challenge to the powers of administrative tribunals.
Legal Issue:
Whether decisions of administrative tribunals are subject to judicial review by High Courts and Supreme Court.
Holding:
The Supreme Court held that judicial review is a basic feature of the Constitution and administrative tribunals’ decisions are subject to it.
Significance:
Reinforced the role of courts in supervising administrative agencies and upholding the rule of law.
⚖️ 5. Union of India v. R. Gandhi (2010) AIR 2720
Facts:
Appointment of a public servant was challenged on grounds of mala fide (bad faith).
Legal Issue:
Whether mala fide exercise of administrative discretion can be challenged.
Holding:
The Supreme Court held that administrative decisions taken in bad faith are void and subject to judicial scrutiny.
Significance:
Confirmed that administrative authorities must exercise power bona fide, and courts can intervene where discretion is abused.
5. Summary Table of Case Law and Principles
| Case | Principle Established |
|---|---|
| Ridge v. Baldwin | Right to a fair hearing (natural justice) |
| A.K. Kraipak | Fairness and absence of bias in administrative actions |
| Maneka Gandhi | Due process and reasonableness in administrative procedure |
| L. Chandra Kumar | Judicial review of administrative tribunals |
| Union of India v. R. Gandhi | Mala fide actions by administration are void |
6. Conclusion
Administrative law forms the backbone of ensuring that government administration is exercised within the law, with fairness, transparency, and accountability. It serves as the interface between the state and its citizens, guaranteeing that administrative power is exercised justly and responsibly.
The case law above highlights the evolution of administrative law from mere procedural checks to embedding constitutional safeguards that protect individual rights against administrative excess.
RELATED Blog
0 comments