The nature and scope of administrative law
📚 The Nature and Scope of Administrative Law (Indian Perspective)
I. What is Administrative Law?
Administrative law is the branch of public law that governs the activities of administrative agencies of the government. It deals with the structure, powers, duties, and procedures of administrative authorities and ensures control over public power to prevent arbitrariness and ensure fairness in governance.
II. Nature of Administrative Law
| Aspect | Explanation |
|---|---|
| Public Law | Part of constitutional and public law that governs the relationship between citizens and the state. |
| Judge-Made Law | Largely developed through judicial decisions interpreting the Constitution and statutes. |
| Regulatory | Regulates the exercise of power by administrative bodies and ensures accountability. |
| Remedial | Offers remedies against abuse or misuse of administrative powers through judicial review. |
| Dynamic and Evolving | Continuously develops with socio-economic and political changes. |
III. Scope of Administrative Law
The scope of administrative law in India includes:
Delegated Legislation – Rules and regulations made by administrative bodies under the authority of statutes.
Administrative Adjudication – Decision-making powers of administrative tribunals and quasi-judicial bodies.
Judicial Review of Administrative Action – Ensuring that administrative decisions comply with the Constitution and law.
Principles of Natural Justice – Safeguards to ensure fair procedure.
Control Mechanisms – Parliamentary, judicial, and executive oversight over administration.
Public Accountability – Through tools like Right to Information (RTI), Lokpal, CAG, etc.
IV. Case Law Analysis: More than Four Landmark Cases
1. Ridge v. Baldwin (UK case but widely followed in India)
Facts:
A Chief Constable was dismissed without being given an opportunity to defend himself.
Principle Applied:
Violation of natural justice, particularly audi alteram partem.
Impact in India:
Though a UK case, it laid the foundation for natural justice in Indian administrative law. It is frequently cited to support the idea that even administrative decisions must follow fair procedures.
2. A.K. Kraipak v. Union of India (AIR 1970 SC 150)
Facts:
Selection to Indian Forest Service was challenged due to bias in the selection committee.
Issue:
Do principles of natural justice apply to administrative actions?
Holding:
Yes. The Court held that administrative actions with civil consequences must follow principles of natural justice.
Impact:
Blurred the line between administrative and quasi-judicial functions.
Extended natural justice to administrative decisions.
Strengthened judicial control over administrative processes.
3. Maneka Gandhi v. Union of India (AIR 1978 SC 597)
Facts:
Maneka Gandhi’s passport was impounded without giving her a hearing.
Issue:
Whether this administrative action violated Article 21?
Holding:
The Court held that “procedure established by law” under Article 21 must be fair, just, and reasonable—thus incorporating natural justice into constitutional law.
Impact:
Made fair procedure mandatory in administrative actions affecting life or liberty.
Strengthened the rule of law in administrative decision-making.
4. Union of India v. Tulsiram Patel (AIR 1985 SC 1416)
Facts:
Dismissal of a civil servant without an inquiry under certain exceptional circumstances.
Issue:
Can natural justice be excluded?
Holding:
In exceptional cases (e.g., public emergency), natural justice can be excluded, but such exclusion must be reasonable and justified.
Impact:
Acknowledged exceptions to natural justice.
Reinforced the importance of fairness, even when justice is curtailed.
5. Delhi Transport Corporation v. D.T.C. Mazdoor Congress (AIR 1991 SC 101)
Facts:
Challenge to the dismissal of employees under administrative rules without a hearing.
Issue:
Whether administrative rules allowing termination without cause violated natural justice.
Holding:
Supreme Court ruled that arbitrary administrative power to terminate employment is unconstitutional.
Impact:
Reinforced fair hearing and right to livelihood under Article 21.
Strengthened employee rights against arbitrary administrative action.
6. Navjyoti Co-op. Group Housing Society v. Union of India (AIR 1993 SC 155)
Facts:
The government altered the criteria for allotment of land without prior notice to the parties.
Holding:
The Court held that expectation based on consistent past policy leads to a “legitimate expectation”, and any deviation must follow fair procedure.
Impact:
Recognized the doctrine of legitimate expectation as part of administrative law.
Reinforced procedural fairness in policy changes.
V. Judicial Review as a Control Mechanism
The doctrine of judicial review allows courts to examine whether administrative actions:
Are within legal authority (ultra vires)
Comply with natural justice
Are reasonable (Wednesbury principle)
Are not arbitrary or discriminatory
Courts do not review merits, but the procedure and legality of administrative decisions.
VI. Conclusion
Administrative law in India has evolved to balance the needs of effective governance with individual rights and freedoms. Through judicial interpretations, especially by the Supreme Court, the field has expanded from procedural fairness to include transparency, accountability, and participatory governance.
Its scope continues to grow with the development of modern welfare policies, increased use of discretion, and the rise of administrative tribunals and regulatory bodies. The judicial contribution through landmark cases ensures that administrative power is exercised responsibly, within limits, and for the public good.
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