CBSE Textbook: Administrative Law | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
 
Administrative Law
Contents
I. Background
II. Administrative Law and Constitutional Law: Key Differences
III. Reasons for Growth, Development and Study of Administrative Law
IV . Types of Administrative Actions
V . Fundamental Principle of Administrative Law: Rule of Law
VI. Droit System
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Interpr et	the	meaning	o f	administrative	law
•	 Differ entiate	between	A dministrative	law	and	Constitutional	law
•	 State	r easons	for	growth	of	administrative	law	as	a	separate	discipline
•	 Explain	and	identify	the 	types	of	administrative	actions
•	 Critically	evaluate	the	c oncept	of	rule	of	law
•	 Explain	the	Droit	system
I. Background
History tells us that societies and civilizations can survive without science and technology but not 
without administration. Administrative Law aims to ensure that the policies, rules, regulations and 
legislations formulated for public good are not misused.
II. Administrative Law and Constitutional Law: Key Differences
Before the 21st century, Administrative Law was considered a part of Constitutional Law. However, 
there has been a clear distinction in the subject matter of their respective studies in recent times. 
Administrative law aims to keep a check on the actions of the Government when dealing with the 
procedures affecting the rights of citizens. On the other hand, Constitutional law clarifies the scope of 
rights	 and	 duties	 of	 citizens	 and	 the	 Gover nment.	 F or	 e xample,	 how	 elections	 ar e	 held,	 P arliament	 is	
formed, the powers of the Parliament and of the different branches of the State. These are essentially 
the key questions in the scheme of any democratic constitution. Whereas, when a Minister is finally 
appointed and his actions affect the general public good, then we can categorize the study of these 
actions as a core constituent of Administrative Law.
CHAPTER
2
Page 2


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
 
Administrative Law
Contents
I. Background
II. Administrative Law and Constitutional Law: Key Differences
III. Reasons for Growth, Development and Study of Administrative Law
IV . Types of Administrative Actions
V . Fundamental Principle of Administrative Law: Rule of Law
VI. Droit System
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Interpr et	the	meaning	o f	administrative	law
•	 Differ entiate	between	A dministrative	law	and	Constitutional	law
•	 State	r easons	for	growth	of	administrative	law	as	a	separate	discipline
•	 Explain	and	identify	the 	types	of	administrative	actions
•	 Critically	evaluate	the	c oncept	of	rule	of	law
•	 Explain	the	Droit	system
I. Background
History tells us that societies and civilizations can survive without science and technology but not 
without administration. Administrative Law aims to ensure that the policies, rules, regulations and 
legislations formulated for public good are not misused.
II. Administrative Law and Constitutional Law: Key Differences
Before the 21st century, Administrative Law was considered a part of Constitutional Law. However, 
there has been a clear distinction in the subject matter of their respective studies in recent times. 
Administrative law aims to keep a check on the actions of the Government when dealing with the 
procedures affecting the rights of citizens. On the other hand, Constitutional law clarifies the scope of 
rights	 and	 duties	 of	 citizens	 and	 the	 Gover nment.	 F or	 e xample,	 how	 elections	 ar e	 held,	 P arliament	 is	
formed, the powers of the Parliament and of the different branches of the State. These are essentially 
the key questions in the scheme of any democratic constitution. Whereas, when a Minister is finally 
appointed and his actions affect the general public good, then we can categorize the study of these 
actions as a core constituent of Administrative Law.
CHAPTER
2
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
III. Reasons for Growth, Development and Study of Administrative 
Law
In	 the	 21st	 centur y ,	 developi ng	 countries	 like	 India	 e xpect	 a	 ver y	 proactive	 State	 for	 their	 own	 welfar e.	
The welfare quotient in the administration cannot solely be vested in the legislature. This is impossible 
in practical terms as Governance as a whole will cease to function, if for all kinds of administrative 
actions, the sanction of the legislature is compulsorily required.
This need for delegation is often pointed out as the single most important factor which has led to 
the	 growth	 of	 Administrative	 L aw .	 Mor eover ,	 if	 we	 wer e	 to	 e xamine	 the	 scheme	 of	 our	 Constitution,	
while defining ‘State’, Article 12 of the Constitution of India mentions ‘any other authority’. Hence, 
‘any other authorities’ includes authorities created by law, authorities which are agencies and 
instrumentalities of the State or authorities which are essentially discharging public functions which 
have an impact on the common people, are all part of the State.
F or	 e xample,	 an	 NGO	 being	 funded	by	 the	 Gover nmen t-	 whose	 control	 vests	 with	 the	 Gover nment-	
its	 functions	 ar e	 akin	 to	 the	 Gover nment’s	 functions;	 in	 this	 case	 such	 an	 NGO	 would	 be	 consider ed	
as ‘State’ for the purpose of Article 12 of the Constitution.
IV.  Types of Administrative Action
Administrative action can be of four types:
Administrative Legislative Action
Wherein the administration puts on the hat of the legislature simply because it is not practically possible 
for any legislature in the world to legislate so perfectly that their laws are able to cover the possibility of 
all kinds of conflicts which can arise out of a decision even if the Members of Parliament sit for all days 
in	 a	 year .	 Administrative	 legi slative	 action	 includes	 rule-m aking	 action	 as	 well	 as	 delegated	 legislation.	
Quasi-judicial action or administrative adjudicatory action
In these cases, the administration performs functions which can be put under the judicial domain as 
ther e	is	some	adjudication	on	legal	rights	of	the	individuals	involved	in	the	matter .	Eg- T ribunals
Simply Administrative Action
Of all the actions undertaken by administrative authorities, other than the two types of actions 
mentioned	 above,	 the	 r est	 ar e	 called	 ‘ Administrative	 Actions’	 which	 essentially	 deal	 with	 e xecution	
of crucial administrative decisions. In administrative action, there is discretion to the administrative 
authority	 (that	 is,the	 authority	 has	 the	 right	 to	 e xer cise	 his/her	 own	 understanding	 and	 discr etion	 in	
dealing with the matter).
Ministerial Action/Purely Administrative action
Actions which are copybook action and actions in which no discretion is vested with the authority (that 
is there is only one way of performing that action), such action will be called purely administrative 
action	 or	 mini sterial	 action.	 F or	 e xample,	 the	 statute	 which	 cr eated	 a	 University	 mandates	 that	 the	
University	 open	 a	 bank	 account	 with	 a	 given	 Bank	 Y .	 This	 is	 a	 pur ely	 administrative	 action	 or	 a	
ministerial action as there is no scope of any discretion in its performance.
Hence, as is clear from the aforesaid classification, it would be wrong to say that Administrative Law 
deals	 only	 with	 the	 e xecution	 of	 policies	 or	 that	 it	 is	 only	 procedural	 in	 natur e.	 In	 contemporar y	 times,	
it	can	be	called	a	full-fledged	discipline	which	is	ver y	substantive	in	natur e.
Page 3


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
 
Administrative Law
Contents
I. Background
II. Administrative Law and Constitutional Law: Key Differences
III. Reasons for Growth, Development and Study of Administrative Law
IV . Types of Administrative Actions
V . Fundamental Principle of Administrative Law: Rule of Law
VI. Droit System
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Interpr et	the	meaning	o f	administrative	law
•	 Differ entiate	between	A dministrative	law	and	Constitutional	law
•	 State	r easons	for	growth	of	administrative	law	as	a	separate	discipline
•	 Explain	and	identify	the 	types	of	administrative	actions
•	 Critically	evaluate	the	c oncept	of	rule	of	law
•	 Explain	the	Droit	system
I. Background
History tells us that societies and civilizations can survive without science and technology but not 
without administration. Administrative Law aims to ensure that the policies, rules, regulations and 
legislations formulated for public good are not misused.
II. Administrative Law and Constitutional Law: Key Differences
Before the 21st century, Administrative Law was considered a part of Constitutional Law. However, 
there has been a clear distinction in the subject matter of their respective studies in recent times. 
Administrative law aims to keep a check on the actions of the Government when dealing with the 
procedures affecting the rights of citizens. On the other hand, Constitutional law clarifies the scope of 
rights	 and	 duties	 of	 citizens	 and	 the	 Gover nment.	 F or	 e xample,	 how	 elections	 ar e	 held,	 P arliament	 is	
formed, the powers of the Parliament and of the different branches of the State. These are essentially 
the key questions in the scheme of any democratic constitution. Whereas, when a Minister is finally 
appointed and his actions affect the general public good, then we can categorize the study of these 
actions as a core constituent of Administrative Law.
CHAPTER
2
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
III. Reasons for Growth, Development and Study of Administrative 
Law
In	 the	 21st	 centur y ,	 developi ng	 countries	 like	 India	 e xpect	 a	 ver y	 proactive	 State	 for	 their	 own	 welfar e.	
The welfare quotient in the administration cannot solely be vested in the legislature. This is impossible 
in practical terms as Governance as a whole will cease to function, if for all kinds of administrative 
actions, the sanction of the legislature is compulsorily required.
This need for delegation is often pointed out as the single most important factor which has led to 
the	 growth	 of	 Administrative	 L aw .	 Mor eover ,	 if	 we	 wer e	 to	 e xamine	 the	 scheme	 of	 our	 Constitution,	
while defining ‘State’, Article 12 of the Constitution of India mentions ‘any other authority’. Hence, 
‘any other authorities’ includes authorities created by law, authorities which are agencies and 
instrumentalities of the State or authorities which are essentially discharging public functions which 
have an impact on the common people, are all part of the State.
F or	 e xample,	 an	 NGO	 being	 funded	by	 the	 Gover nmen t-	 whose	 control	 vests	 with	 the	 Gover nment-	
its	 functions	 ar e	 akin	 to	 the	 Gover nment’s	 functions;	 in	 this	 case	 such	 an	 NGO	 would	 be	 consider ed	
as ‘State’ for the purpose of Article 12 of the Constitution.
IV.  Types of Administrative Action
Administrative action can be of four types:
Administrative Legislative Action
Wherein the administration puts on the hat of the legislature simply because it is not practically possible 
for any legislature in the world to legislate so perfectly that their laws are able to cover the possibility of 
all kinds of conflicts which can arise out of a decision even if the Members of Parliament sit for all days 
in	 a	 year .	 Administrative	 legi slative	 action	 includes	 rule-m aking	 action	 as	 well	 as	 delegated	 legislation.	
Quasi-judicial action or administrative adjudicatory action
In these cases, the administration performs functions which can be put under the judicial domain as 
ther e	is	some	adjudication	on	legal	rights	of	the	individuals	involved	in	the	matter .	Eg- T ribunals
Simply Administrative Action
Of all the actions undertaken by administrative authorities, other than the two types of actions 
mentioned	 above,	 the	 r est	 ar e	 called	 ‘ Administrative	 Actions’	 which	 essentially	 deal	 with	 e xecution	
of crucial administrative decisions. In administrative action, there is discretion to the administrative 
authority	 (that	 is,the	 authority	 has	 the	 right	 to	 e xer cise	 his/her	 own	 understanding	 and	 discr etion	 in	
dealing with the matter).
Ministerial Action/Purely Administrative action
Actions which are copybook action and actions in which no discretion is vested with the authority (that 
is there is only one way of performing that action), such action will be called purely administrative 
action	 or	 mini sterial	 action.	 F or	 e xample,	 the	 statute	 which	 cr eated	 a	 University	 mandates	 that	 the	
University	 open	 a	 bank	 account	 with	 a	 given	 Bank	 Y .	 This	 is	 a	 pur ely	 administrative	 action	 or	 a	
ministerial action as there is no scope of any discretion in its performance.
Hence, as is clear from the aforesaid classification, it would be wrong to say that Administrative Law 
deals	 only	 with	 the	 e xecution	 of	 policies	 or	 that	 it	 is	 only	 procedural	 in	 natur e.	 In	 contemporar y	 times,	
it	can	be	called	a	full-fledged	discipline	which	is	ver y	substantive	in	natur e.
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
59
V. Fundamental Principle of Administrative Law: Rule of Law
It essentially deals with the doctrine of constitutional morality which states that even in doing something 
legal,	 an	 admi nistrative	 action	 must	 always	 be	 fair	 and	 r easonable.	 F or	 e xample,	 University	 guidelines	
r ead	 that	 you	 can	 appoint	 any	 person	 as	 the	 P rofessor	 of	 L aw .	 No	 other	 qualification	 as	 such	 is	 laid	
down.	 University	 appoints	 a	 person	 who	 has	 no	 qualifica tion	 of	 L aw	 and	 has	 no	 teaching	 e xperience.	
Hence in this case, it is the principle of administrative morality which operates and vitiates the said 
appointment.
Rule of law is an essential tool to protect the freedom and dignity of individuals against organized 
powers. In the landmark ruling by the Supreme Court of India in Keshavananda Bharti v. State of 
Kerala, ‘rule of law’ was categorized as a ‘basic structure’ of the Constitution. Basic structure means 
those	 basic	 characters/attributes	 which	 ar e	 enshrined	 in	 the	 hear t	 of	 the	 Constitution	 and	 which	 cannot	
be	 r epealed/	 r eplaced	 by	 any	 P arliament.	 Hence,	 it	 is	 a	 bundle	 of	 characteristics	 of	 the	Constitution of 
India which can never lose their relevance and can never be derogated.
There was opposition to the doctrine in the days of monarchy as it limits the powers of the monarch 
or king to change laws and rules according to his own fancy. Hence, rule of law as a principle is 
essentially based only in democratic societies and is not a known feature of monarchies.
In a democratic society, fundamental principles of Administrative Law are: transparency or openness, 
the principle of participation, of impartiality and objectivity, reasoned decisions, legality, effective 
r eview	 of	 administrative	 rules	 and	 administrative	 decisions,	 accountability	 and	 non -arbitrariness.	 All	
these principles are broadly encompassed under the
1. Rule of law
2. Doctrine of separation of powers
3. Principles of natural justice.
Since we have dealt with Doctrine of separation of powers and principles of natural justice, here we 
will focus on Rule of Law. For  recapitulation let’s recall the two concepts;
Separation of power
‘Separation of powers’ was meant to create divisions within the Government setup to create better 
administration within the State. 
Separation of powers refers to the division of a state’s government into branches, each with separate, 
independent powers and responsibilities, so that the powers of one branch are not in conflict with 
those	 of	 the	 other	 branches.	 The	 typical	 division	 is	 into	 thr ee	 branches:	 a	 legislatur e,	 an	 e xecutive,	
and a judiciary, which is the triaspolitica model. It can be contrasted with the fusion of powers in 
parliamentar y	and	semi-pr esidential	systems,	wher e	the	e xecutive	and	legislative	branches	overlap.
The intention behind a system of separated powers is to prevent the concentration of power by 
providing for checks and balances. The separation of powers model is often imprecisely and 
metonymically used interchangeably with the triaspolitica principle. While the triaspolitica model is 
a common type of separation, there are governments that have more or fewer than three branches.
Principles of Natural Justice
Natural	 justice	 is	 an	 e xpr ession	 of	 English	 common	 law ,	 and	 involves	 a	 procedural	 r equir ement	 of	
fairness. The principles of natural justice have great significance in the study of Administrative law. It 
is	 also	 known	 as	 	 substantial	 justice	 or	 fundamental	 justice	 or	 Universal	 justice	 or	 fair	 play	 in	 action.	
The principles of natural justice are not embodied rules and are not codified. They are judge made 
rules and are regarded as counterpart of the American procedural due process. 
Page 4


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
 
Administrative Law
Contents
I. Background
II. Administrative Law and Constitutional Law: Key Differences
III. Reasons for Growth, Development and Study of Administrative Law
IV . Types of Administrative Actions
V . Fundamental Principle of Administrative Law: Rule of Law
VI. Droit System
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Interpr et	the	meaning	o f	administrative	law
•	 Differ entiate	between	A dministrative	law	and	Constitutional	law
•	 State	r easons	for	growth	of	administrative	law	as	a	separate	discipline
•	 Explain	and	identify	the 	types	of	administrative	actions
•	 Critically	evaluate	the	c oncept	of	rule	of	law
•	 Explain	the	Droit	system
I. Background
History tells us that societies and civilizations can survive without science and technology but not 
without administration. Administrative Law aims to ensure that the policies, rules, regulations and 
legislations formulated for public good are not misused.
II. Administrative Law and Constitutional Law: Key Differences
Before the 21st century, Administrative Law was considered a part of Constitutional Law. However, 
there has been a clear distinction in the subject matter of their respective studies in recent times. 
Administrative law aims to keep a check on the actions of the Government when dealing with the 
procedures affecting the rights of citizens. On the other hand, Constitutional law clarifies the scope of 
rights	 and	 duties	 of	 citizens	 and	 the	 Gover nment.	 F or	 e xample,	 how	 elections	 ar e	 held,	 P arliament	 is	
formed, the powers of the Parliament and of the different branches of the State. These are essentially 
the key questions in the scheme of any democratic constitution. Whereas, when a Minister is finally 
appointed and his actions affect the general public good, then we can categorize the study of these 
actions as a core constituent of Administrative Law.
CHAPTER
2
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
III. Reasons for Growth, Development and Study of Administrative 
Law
In	 the	 21st	 centur y ,	 developi ng	 countries	 like	 India	 e xpect	 a	 ver y	 proactive	 State	 for	 their	 own	 welfar e.	
The welfare quotient in the administration cannot solely be vested in the legislature. This is impossible 
in practical terms as Governance as a whole will cease to function, if for all kinds of administrative 
actions, the sanction of the legislature is compulsorily required.
This need for delegation is often pointed out as the single most important factor which has led to 
the	 growth	 of	 Administrative	 L aw .	 Mor eover ,	 if	 we	 wer e	 to	 e xamine	 the	 scheme	 of	 our	 Constitution,	
while defining ‘State’, Article 12 of the Constitution of India mentions ‘any other authority’. Hence, 
‘any other authorities’ includes authorities created by law, authorities which are agencies and 
instrumentalities of the State or authorities which are essentially discharging public functions which 
have an impact on the common people, are all part of the State.
F or	 e xample,	 an	 NGO	 being	 funded	by	 the	 Gover nmen t-	 whose	 control	 vests	 with	 the	 Gover nment-	
its	 functions	 ar e	 akin	 to	 the	 Gover nment’s	 functions;	 in	 this	 case	 such	 an	 NGO	 would	 be	 consider ed	
as ‘State’ for the purpose of Article 12 of the Constitution.
IV.  Types of Administrative Action
Administrative action can be of four types:
Administrative Legislative Action
Wherein the administration puts on the hat of the legislature simply because it is not practically possible 
for any legislature in the world to legislate so perfectly that their laws are able to cover the possibility of 
all kinds of conflicts which can arise out of a decision even if the Members of Parliament sit for all days 
in	 a	 year .	 Administrative	 legi slative	 action	 includes	 rule-m aking	 action	 as	 well	 as	 delegated	 legislation.	
Quasi-judicial action or administrative adjudicatory action
In these cases, the administration performs functions which can be put under the judicial domain as 
ther e	is	some	adjudication	on	legal	rights	of	the	individuals	involved	in	the	matter .	Eg- T ribunals
Simply Administrative Action
Of all the actions undertaken by administrative authorities, other than the two types of actions 
mentioned	 above,	 the	 r est	 ar e	 called	 ‘ Administrative	 Actions’	 which	 essentially	 deal	 with	 e xecution	
of crucial administrative decisions. In administrative action, there is discretion to the administrative 
authority	 (that	 is,the	 authority	 has	 the	 right	 to	 e xer cise	 his/her	 own	 understanding	 and	 discr etion	 in	
dealing with the matter).
Ministerial Action/Purely Administrative action
Actions which are copybook action and actions in which no discretion is vested with the authority (that 
is there is only one way of performing that action), such action will be called purely administrative 
action	 or	 mini sterial	 action.	 F or	 e xample,	 the	 statute	 which	 cr eated	 a	 University	 mandates	 that	 the	
University	 open	 a	 bank	 account	 with	 a	 given	 Bank	 Y .	 This	 is	 a	 pur ely	 administrative	 action	 or	 a	
ministerial action as there is no scope of any discretion in its performance.
Hence, as is clear from the aforesaid classification, it would be wrong to say that Administrative Law 
deals	 only	 with	 the	 e xecution	 of	 policies	 or	 that	 it	 is	 only	 procedural	 in	 natur e.	 In	 contemporar y	 times,	
it	can	be	called	a	full-fledged	discipline	which	is	ver y	substantive	in	natur e.
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
59
V. Fundamental Principle of Administrative Law: Rule of Law
It essentially deals with the doctrine of constitutional morality which states that even in doing something 
legal,	 an	 admi nistrative	 action	 must	 always	 be	 fair	 and	 r easonable.	 F or	 e xample,	 University	 guidelines	
r ead	 that	 you	 can	 appoint	 any	 person	 as	 the	 P rofessor	 of	 L aw .	 No	 other	 qualification	 as	 such	 is	 laid	
down.	 University	 appoints	 a	 person	 who	 has	 no	 qualifica tion	 of	 L aw	 and	 has	 no	 teaching	 e xperience.	
Hence in this case, it is the principle of administrative morality which operates and vitiates the said 
appointment.
Rule of law is an essential tool to protect the freedom and dignity of individuals against organized 
powers. In the landmark ruling by the Supreme Court of India in Keshavananda Bharti v. State of 
Kerala, ‘rule of law’ was categorized as a ‘basic structure’ of the Constitution. Basic structure means 
those	 basic	 characters/attributes	 which	 ar e	 enshrined	 in	 the	 hear t	 of	 the	 Constitution	 and	 which	 cannot	
be	 r epealed/	 r eplaced	 by	 any	 P arliament.	 Hence,	 it	 is	 a	 bundle	 of	 characteristics	 of	 the	Constitution of 
India which can never lose their relevance and can never be derogated.
There was opposition to the doctrine in the days of monarchy as it limits the powers of the monarch 
or king to change laws and rules according to his own fancy. Hence, rule of law as a principle is 
essentially based only in democratic societies and is not a known feature of monarchies.
In a democratic society, fundamental principles of Administrative Law are: transparency or openness, 
the principle of participation, of impartiality and objectivity, reasoned decisions, legality, effective 
r eview	 of	 administrative	 rules	 and	 administrative	 decisions,	 accountability	 and	 non -arbitrariness.	 All	
these principles are broadly encompassed under the
1. Rule of law
2. Doctrine of separation of powers
3. Principles of natural justice.
Since we have dealt with Doctrine of separation of powers and principles of natural justice, here we 
will focus on Rule of Law. For  recapitulation let’s recall the two concepts;
Separation of power
‘Separation of powers’ was meant to create divisions within the Government setup to create better 
administration within the State. 
Separation of powers refers to the division of a state’s government into branches, each with separate, 
independent powers and responsibilities, so that the powers of one branch are not in conflict with 
those	 of	 the	 other	 branches.	 The	 typical	 division	 is	 into	 thr ee	 branches:	 a	 legislatur e,	 an	 e xecutive,	
and a judiciary, which is the triaspolitica model. It can be contrasted with the fusion of powers in 
parliamentar y	and	semi-pr esidential	systems,	wher e	the	e xecutive	and	legislative	branches	overlap.
The intention behind a system of separated powers is to prevent the concentration of power by 
providing for checks and balances. The separation of powers model is often imprecisely and 
metonymically used interchangeably with the triaspolitica principle. While the triaspolitica model is 
a common type of separation, there are governments that have more or fewer than three branches.
Principles of Natural Justice
Natural	 justice	 is	 an	 e xpr ession	 of	 English	 common	 law ,	 and	 involves	 a	 procedural	 r equir ement	 of	
fairness. The principles of natural justice have great significance in the study of Administrative law. It 
is	 also	 known	 as	 	 substantial	 justice	 or	 fundamental	 justice	 or	 Universal	 justice	 or	 fair	 play	 in	 action.	
The principles of natural justice are not embodied rules and are not codified. They are judge made 
rules and are regarded as counterpart of the American procedural due process. 
UNIT I
UNIT II
UNIT III UNIT IV UNIT V
60
Mr. Justice Bhagwati called principles of natural justice  as fair play in action. Article 14 and 21 of the 
Indian Constitution has strengthened the concept of natural justice.
Basis of the application of the principle of natural justice:
The	 principles	 of	 natural	 justice,	 originated	 from	 common	 law	 in	 England	 ar e	 based	 on	 two	 L atin	
maxims,	(which	wer e	drawn	from	jus	natural).
In	simple	words,	English	law	r ecognizes	two	principles	of	natural	justice	as	stated	below -
1.	 NemoJude x	 in	 causasua	 or	 Nemodebetessejude x	 in	 propriacausa	 or	 Rule	 against	 bias	 (No	 man	
shall be a judge in his own cause).
2. Audi Alterampartem or the rule of fair hearing (hear the other side).
Rule	 against	 bias	 or	 bias	 of	 inter est-	 the	 ter m	 bias	 means	 anything	 which	 tends	 to	 or	 may	 be	 r egarded	
as tending to cause such a person to decide a case otherwise than on evidence must be held to be 
biased. In simple words, bias means deciding a case otherwise than on the principles of evidence.
This principle is based on the following rules
1.	 No	one	should	be	a	jud ge	in	his	own	cause.
2. Justice should not only be done, but manifestly and undoubtedly be seen to be done.
The above rules make it clear that judiciary must be free from bias and should deliver pure and 
impartial justice. Judges must act judicially and decide the case without considering anything other 
than the principles of evidence.
Kinds of Bias: The rule against bias may be classified under the following three heads:
1. Pecuniary bias
2. Personal bias
3. Bias as to subject matter.
1.  Pecuniary Bias
	 P ecuniar y	 bias	 arises,	 when	 the	 adjudicator/	 judge	 has	 monetar y/	 economic	 inter est	 in	 the	 subject	
matter	 of	 the	 dispute/	 case.	 The	 judge,	 while	 deciding	 a	 case	 should	 not	 have	 any	 pecuniar y	 or	
economic interest. In other words, pecuniary interest in the subject matter of litigation disqualifies 
a person from acting as a judge.
2.  Personal Bias
 Personal bias arises from near and dear i.e. from friendship, relationship, business or professional 
association. Such relationship disqualifies a person from acting as a judge.
3.  Bias as to subject matter (official bias)
 Any interest or prejudice will disqualify a judge from hearing the case. When the adjudicator 
or the judge has general interest in the subject matter in dispute on account of his association 
with the administration or private body, he will be disqualified on the ground of bias if he has 
intimately identified himself with the issues in dispute. To disqualify on the ground there must be 
intimate and direct connection between the adjudicator and the issues in dispute.
2.  Audi alterampartem or the rule of fair hearing (hear the other side)
 The second fundamental principle of natural justice is audialterampartem or the rule of fair 
Page 5


UNIT I
UNIT II
UNIT III UNIT IV UNIT V
 
Administrative Law
Contents
I. Background
II. Administrative Law and Constitutional Law: Key Differences
III. Reasons for Growth, Development and Study of Administrative Law
IV . Types of Administrative Actions
V . Fundamental Principle of Administrative Law: Rule of Law
VI. Droit System
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Interpr et	the	meaning	o f	administrative	law
•	 Differ entiate	between	A dministrative	law	and	Constitutional	law
•	 State	r easons	for	growth	of	administrative	law	as	a	separate	discipline
•	 Explain	and	identify	the 	types	of	administrative	actions
•	 Critically	evaluate	the	c oncept	of	rule	of	law
•	 Explain	the	Droit	system
I. Background
History tells us that societies and civilizations can survive without science and technology but not 
without administration. Administrative Law aims to ensure that the policies, rules, regulations and 
legislations formulated for public good are not misused.
II. Administrative Law and Constitutional Law: Key Differences
Before the 21st century, Administrative Law was considered a part of Constitutional Law. However, 
there has been a clear distinction in the subject matter of their respective studies in recent times. 
Administrative law aims to keep a check on the actions of the Government when dealing with the 
procedures affecting the rights of citizens. On the other hand, Constitutional law clarifies the scope of 
rights	 and	 duties	 of	 citizens	 and	 the	 Gover nment.	 F or	 e xample,	 how	 elections	 ar e	 held,	 P arliament	 is	
formed, the powers of the Parliament and of the different branches of the State. These are essentially 
the key questions in the scheme of any democratic constitution. Whereas, when a Minister is finally 
appointed and his actions affect the general public good, then we can categorize the study of these 
actions as a core constituent of Administrative Law.
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III. Reasons for Growth, Development and Study of Administrative 
Law
In	 the	 21st	 centur y ,	 developi ng	 countries	 like	 India	 e xpect	 a	 ver y	 proactive	 State	 for	 their	 own	 welfar e.	
The welfare quotient in the administration cannot solely be vested in the legislature. This is impossible 
in practical terms as Governance as a whole will cease to function, if for all kinds of administrative 
actions, the sanction of the legislature is compulsorily required.
This need for delegation is often pointed out as the single most important factor which has led to 
the	 growth	 of	 Administrative	 L aw .	 Mor eover ,	 if	 we	 wer e	 to	 e xamine	 the	 scheme	 of	 our	 Constitution,	
while defining ‘State’, Article 12 of the Constitution of India mentions ‘any other authority’. Hence, 
‘any other authorities’ includes authorities created by law, authorities which are agencies and 
instrumentalities of the State or authorities which are essentially discharging public functions which 
have an impact on the common people, are all part of the State.
F or	 e xample,	 an	 NGO	 being	 funded	by	 the	 Gover nmen t-	 whose	 control	 vests	 with	 the	 Gover nment-	
its	 functions	 ar e	 akin	 to	 the	 Gover nment’s	 functions;	 in	 this	 case	 such	 an	 NGO	 would	 be	 consider ed	
as ‘State’ for the purpose of Article 12 of the Constitution.
IV.  Types of Administrative Action
Administrative action can be of four types:
Administrative Legislative Action
Wherein the administration puts on the hat of the legislature simply because it is not practically possible 
for any legislature in the world to legislate so perfectly that their laws are able to cover the possibility of 
all kinds of conflicts which can arise out of a decision even if the Members of Parliament sit for all days 
in	 a	 year .	 Administrative	 legi slative	 action	 includes	 rule-m aking	 action	 as	 well	 as	 delegated	 legislation.	
Quasi-judicial action or administrative adjudicatory action
In these cases, the administration performs functions which can be put under the judicial domain as 
ther e	is	some	adjudication	on	legal	rights	of	the	individuals	involved	in	the	matter .	Eg- T ribunals
Simply Administrative Action
Of all the actions undertaken by administrative authorities, other than the two types of actions 
mentioned	 above,	 the	 r est	 ar e	 called	 ‘ Administrative	 Actions’	 which	 essentially	 deal	 with	 e xecution	
of crucial administrative decisions. In administrative action, there is discretion to the administrative 
authority	 (that	 is,the	 authority	 has	 the	 right	 to	 e xer cise	 his/her	 own	 understanding	 and	 discr etion	 in	
dealing with the matter).
Ministerial Action/Purely Administrative action
Actions which are copybook action and actions in which no discretion is vested with the authority (that 
is there is only one way of performing that action), such action will be called purely administrative 
action	 or	 mini sterial	 action.	 F or	 e xample,	 the	 statute	 which	 cr eated	 a	 University	 mandates	 that	 the	
University	 open	 a	 bank	 account	 with	 a	 given	 Bank	 Y .	 This	 is	 a	 pur ely	 administrative	 action	 or	 a	
ministerial action as there is no scope of any discretion in its performance.
Hence, as is clear from the aforesaid classification, it would be wrong to say that Administrative Law 
deals	 only	 with	 the	 e xecution	 of	 policies	 or	 that	 it	 is	 only	 procedural	 in	 natur e.	 In	 contemporar y	 times,	
it	can	be	called	a	full-fledged	discipline	which	is	ver y	substantive	in	natur e.
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V. Fundamental Principle of Administrative Law: Rule of Law
It essentially deals with the doctrine of constitutional morality which states that even in doing something 
legal,	 an	 admi nistrative	 action	 must	 always	 be	 fair	 and	 r easonable.	 F or	 e xample,	 University	 guidelines	
r ead	 that	 you	 can	 appoint	 any	 person	 as	 the	 P rofessor	 of	 L aw .	 No	 other	 qualification	 as	 such	 is	 laid	
down.	 University	 appoints	 a	 person	 who	 has	 no	 qualifica tion	 of	 L aw	 and	 has	 no	 teaching	 e xperience.	
Hence in this case, it is the principle of administrative morality which operates and vitiates the said 
appointment.
Rule of law is an essential tool to protect the freedom and dignity of individuals against organized 
powers. In the landmark ruling by the Supreme Court of India in Keshavananda Bharti v. State of 
Kerala, ‘rule of law’ was categorized as a ‘basic structure’ of the Constitution. Basic structure means 
those	 basic	 characters/attributes	 which	 ar e	 enshrined	 in	 the	 hear t	 of	 the	 Constitution	 and	 which	 cannot	
be	 r epealed/	 r eplaced	 by	 any	 P arliament.	 Hence,	 it	 is	 a	 bundle	 of	 characteristics	 of	 the	Constitution of 
India which can never lose their relevance and can never be derogated.
There was opposition to the doctrine in the days of monarchy as it limits the powers of the monarch 
or king to change laws and rules according to his own fancy. Hence, rule of law as a principle is 
essentially based only in democratic societies and is not a known feature of monarchies.
In a democratic society, fundamental principles of Administrative Law are: transparency or openness, 
the principle of participation, of impartiality and objectivity, reasoned decisions, legality, effective 
r eview	 of	 administrative	 rules	 and	 administrative	 decisions,	 accountability	 and	 non -arbitrariness.	 All	
these principles are broadly encompassed under the
1. Rule of law
2. Doctrine of separation of powers
3. Principles of natural justice.
Since we have dealt with Doctrine of separation of powers and principles of natural justice, here we 
will focus on Rule of Law. For  recapitulation let’s recall the two concepts;
Separation of power
‘Separation of powers’ was meant to create divisions within the Government setup to create better 
administration within the State. 
Separation of powers refers to the division of a state’s government into branches, each with separate, 
independent powers and responsibilities, so that the powers of one branch are not in conflict with 
those	 of	 the	 other	 branches.	 The	 typical	 division	 is	 into	 thr ee	 branches:	 a	 legislatur e,	 an	 e xecutive,	
and a judiciary, which is the triaspolitica model. It can be contrasted with the fusion of powers in 
parliamentar y	and	semi-pr esidential	systems,	wher e	the	e xecutive	and	legislative	branches	overlap.
The intention behind a system of separated powers is to prevent the concentration of power by 
providing for checks and balances. The separation of powers model is often imprecisely and 
metonymically used interchangeably with the triaspolitica principle. While the triaspolitica model is 
a common type of separation, there are governments that have more or fewer than three branches.
Principles of Natural Justice
Natural	 justice	 is	 an	 e xpr ession	 of	 English	 common	 law ,	 and	 involves	 a	 procedural	 r equir ement	 of	
fairness. The principles of natural justice have great significance in the study of Administrative law. It 
is	 also	 known	 as	 	 substantial	 justice	 or	 fundamental	 justice	 or	 Universal	 justice	 or	 fair	 play	 in	 action.	
The principles of natural justice are not embodied rules and are not codified. They are judge made 
rules and are regarded as counterpart of the American procedural due process. 
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Mr. Justice Bhagwati called principles of natural justice  as fair play in action. Article 14 and 21 of the 
Indian Constitution has strengthened the concept of natural justice.
Basis of the application of the principle of natural justice:
The	 principles	 of	 natural	 justice,	 originated	 from	 common	 law	 in	 England	 ar e	 based	 on	 two	 L atin	
maxims,	(which	wer e	drawn	from	jus	natural).
In	simple	words,	English	law	r ecognizes	two	principles	of	natural	justice	as	stated	below -
1.	 NemoJude x	 in	 causasua	 or	 Nemodebetessejude x	 in	 propriacausa	 or	 Rule	 against	 bias	 (No	 man	
shall be a judge in his own cause).
2. Audi Alterampartem or the rule of fair hearing (hear the other side).
Rule	 against	 bias	 or	 bias	 of	 inter est-	 the	 ter m	 bias	 means	 anything	 which	 tends	 to	 or	 may	 be	 r egarded	
as tending to cause such a person to decide a case otherwise than on evidence must be held to be 
biased. In simple words, bias means deciding a case otherwise than on the principles of evidence.
This principle is based on the following rules
1.	 No	one	should	be	a	jud ge	in	his	own	cause.
2. Justice should not only be done, but manifestly and undoubtedly be seen to be done.
The above rules make it clear that judiciary must be free from bias and should deliver pure and 
impartial justice. Judges must act judicially and decide the case without considering anything other 
than the principles of evidence.
Kinds of Bias: The rule against bias may be classified under the following three heads:
1. Pecuniary bias
2. Personal bias
3. Bias as to subject matter.
1.  Pecuniary Bias
	 P ecuniar y	 bias	 arises,	 when	 the	 adjudicator/	 judge	 has	 monetar y/	 economic	 inter est	 in	 the	 subject	
matter	 of	 the	 dispute/	 case.	 The	 judge,	 while	 deciding	 a	 case	 should	 not	 have	 any	 pecuniar y	 or	
economic interest. In other words, pecuniary interest in the subject matter of litigation disqualifies 
a person from acting as a judge.
2.  Personal Bias
 Personal bias arises from near and dear i.e. from friendship, relationship, business or professional 
association. Such relationship disqualifies a person from acting as a judge.
3.  Bias as to subject matter (official bias)
 Any interest or prejudice will disqualify a judge from hearing the case. When the adjudicator 
or the judge has general interest in the subject matter in dispute on account of his association 
with the administration or private body, he will be disqualified on the ground of bias if he has 
intimately identified himself with the issues in dispute. To disqualify on the ground there must be 
intimate and direct connection between the adjudicator and the issues in dispute.
2.  Audi alterampartem or the rule of fair hearing (hear the other side)
 The second fundamental principle of natural justice is audialterampartem or the rule of fair 
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hearing. It means no one shall be condemned unheard i.e. there must be fairness on the part of the 
deciding authority.
According to this principle, reasonable opportunity must be given to a person before taking any 
action against him. This rule insists that the affected person must be given an opportunity to produce 
evidence in support of his case. He should disclose the evidence to be utilized against him and should 
be given an opportunity to rebut the evidence produced by the other party.
Essentials of fair hearing
T o	constitute	fair	hearing,	the	following	ingr edients	ar e	to	be	satisfied-
1.	 Notice
2. Hearing
1.  Notice: There is a duty on the part of the deciding authority to give notice to a person before 
taking any action against him. The notice must be reasonable and must contain the time, place, 
nature of hearing and other particulars.
2.  Hearing: Fair hearing in its full sense means that a person against whom an order to his prejudice 
is passed should be informed of the charges against him, be given an opportunity to submit his 
e xplanation	 ther eto ,	 have	 a	 right	 to	 know	 the	 evidence	 both	 oral	 and	 documentar y ,	 by	 which	 the	
matter	 is	 proposed	 to	 be	 decided	 and	 to	 have	 the	 witnesses	 e xamined	 in	 his	 pr esence	 and	 have	
the	 right	 to	 cross	 e xamine	 them	 and	 to	 lead	 his	 own	 evidence	 both	 oral	 and	 documentar y	 in	 his	
defence. It is a code of procedure, which has no definite content, but varies with the facts and 
circumstances of the case.
Ingredients of fair hearing: a hearing will be treated as fair hearing if the following conditions are 
satisfied:
1. Adjudicating authority receives all the relevant material produced by the individual
2. The adjudicating authority discloses to the individual concerned evidence or material which it 
wishes to use against him
3. The adjudicating authority provides the person concerned an opportunity to rebut the evidence 
or material which they said authority wants to use against him
Maneka Gandhi Vs Union of India- 
In	 Maneka	 Gandhi’s	 case,	 the	 petitioner ’s	 passpor t	 was	 confiscated	 by	 the	 Union	 Gover nment	 under	
Section 10(3)(c) of the Passport Act, 1967. The provision under which impoundment took place 
authorizes the central government to carry out the same if it was necessary for the interest of the 
general public at large. But the government did not provide any reasons for carrying out the same.
The petitioner filed a writ petition under Article 32 of the Constitution which mentioned the following 
things:
1. Section 10(3)(c) of the Passport Act, 1967 was in violation with Article 14 of the Constitution for 
it	vested	e xcessive	discr etionar y	powers	in	the	hand	of	the	passpor t	authority .
2. Section 10(3)(c) did not align with the principles of natural justice because it did not provide any 
space for allowing the passport holder to be heard.
3. There was a lack of reasonable procedure by Section 10(3)(c) which also led to the same 
contravening with Article 21 of the Constitution.