Administrative Law Chapter Notes | Legal Studies for Class 12 - Humanities/Arts PDF Download

Background

• History insight: Societies and civilizations historically demonstrated survival without science and technology, emphasizing the critical role of administration.
• Importance of Administrative Law: Administrative Law is designed to ensure that policies, rules, regulations, and laws created for the benefit of the public are not abused or misused.
• Objective: Administrative Law aims to safeguard against the misuse of policies and regulations meant for public welfare.

Administrative Law and Constitutional Law: Key Differences

• Before the 21st century: Administrative law was seen as part of Constitutional Law.
• Recent Distinction: Administrative law and Constitutional Law now have different focuses.
• Administrative Law: Focuses on monitoring Government actions concerning citizen rights.
• Constitutional Law: Defines citizen and government rights and duties.
• Key Questions in Constitutional Law: Include aspects like elections, Parliament formation, and State branch powers.
• Core of Administrative Law: Involves actions affecting public welfare by appointed officials like Ministers.

Administrative law now distinct from Constitutional Law by:

• Monitoring Government actions affecting citizen rights.
• Defining citizen and government rights and duties.

Constitutional Law focuses on:

• Election procedures.
• Formation and powers of Parliament.
• Powers of different State branches.

Administrative Law core components: Actions of appointed officials affecting public welfare.

Objections to the Growth of Administrative Law

• Context: In the post-16th century era of human civilization, questions arose regarding governmental intervention in economic affairs, transitioning from a laissez-faire economy to increased involvement.
• Paternalism: Advocated for government to protect the less privileged, reflecting an era where the state was seen as a guardian.
• Maternalism: Emphasized that the state's role extended beyond protection, likening it to a caring mother tending to her child.
• Individual Freedom: With the advent of the 21st century, a view emerged promoting individual freedom, suggesting a reduced role for the government in people's lives.
• State Functions: While the state's role as a businessman has diminished, it still plays crucial roles as a provider, facilitator, and regulator, particularly in developing nations.
• Criticisms: Objections to the growth of administrative law were framed using two main arguments: the rule of law in England and the separation of powers doctrine in the United States.

Reasons for Growth, Development, and Study of Administrative Law

In the 21st century, developing countries like India require an active State for their welfare. The administration's welfare aspect cannot rely solely on the legislature. This would be impractical as Governance as a whole would cease to function if all administrative actions necessitated the legislature's approval.

The necessity for delegation is often cited as the primary factor driving the expansion of Administrative Law. In examining our Constitution's structure, 'State' as defined in Article 12 of the Indian Constitution includes "any other authority." Therefore, entities established by law, agencies and instrumentalities of the State, or bodies essentially performing public functions that impact the general public are all considered part of the State.

For instance, an NGO funded by the Government, under Government control, and performing functions similar to the Government's would be classified as "State" for the purposes of Article 12 of the Constitution.

Key Points:

• Delegation Need: Delegation is crucial for administrative actions.
• Growth of Administrative Law: Delegation is a significant factor driving the growth of Administrative Law.
• Definition of 'State': Article 12 of the Indian Constitution includes "any other authority" in its definition of 'State'.
• Entities as 'State': Entities funded by the Government and functioning similarly to the Government are considered part of the 'State'.

Types of Administrative Action

Administrative Legislative Action

• Administration acts like a legislature due to legislative limitations.
• Includes rule-making and delegated legislation.
• Grass root authorities often make decisions beyond legislative scope.

Quasi-judicial Action

• Admin performs functions akin to judicial domain.
• Involves adjudication on legal rights of individuals.

Simply Administrative Action

• Covers all admin actions not falling under above categories.
• Executes crucial administrative decisions.

Ministerial Action

• Administrative authority exercises discretion.
• Ministerial actions are purely administrative with no discretion.
• Example: Statutory mandate for a university to open a bank account.

Did you know? In India, administrative procedures lack specific legislation, unlike in England and the United States.

The Scope of Administrative Law

Administrative Law focuses on how the administration utilizes its powers.

Key Concerns:

• Strategies to restrain administration within defined limits.
• Remedies for administrative inaction or improper administrative actions.

Nature of Administrative Law: Administrative Law isn't merely interpreted negatively or in isolation; it pertains to the sociology of law, not philosophy.

Regulation: Only Administrative Actions, as described in Types of Administrative Action, are subject to regulation, governance, and oversight by Administrative Law.

Fundamental Principles of Administrative Law: Rule of Law, Separation of Powers and Principles of Natural Justice

Rule of Law

• 'Rule of Law' signifies that laws are above everyone, including those in power.
• Equality and fairness are crucial parts of the rule of law.
• When Administrative Law was emerging as a distinct field, Professor Dicey opposed its expansion. 
• He believed that the essence of the rule of law was being compromised because many administrative processes were being rectified internally due to their inherent errors.
• However, the implementation of various principles of the rule of law, including checks and balances, countered Dicey's criticism and supported the continued development of Administrative Law.
• Therefore, the rule of law can be best understood through three concepts: rule by law, rule under law, and rule according to law.

Doctrine of Separation of Powers

•  Montesquieu explained the idea of separation of powers in a clear and structured way. 
• There are three main parts to Montesquieu's theory: 
•  Institutional separation means that individuals in one part of the government should not be in another part. 
•  For example, in the United States, the President is not a member of Congress. 
•  On the other hand, in India, the Prime Minister and their cabinet are also part of the lawmaking body. 
•  This situation in India might be seen as a more 'flexible' approach to separation of powers. 
•  Each part of the government should not take on the roles of the other parts. 
•  The functions of one government branch should not interfere with the functions of the other branches. 
•  These ideas can only be fully put into practice in an ideal world. 
•  Therefore, the traditional idea of separation of powers doesn't exactly fit into modern governments, and some overlap between branches is expected. 
•  As a result, the concept of separation of powers has adjusted to fit the specific circumstances of different political systems, different from what Montesquieu originally envisioned. 
•  Both the 'rule of law' and 'separation of powers' together show that the law isn't just under the control of the executive branch—it applies to all parts of the government. 

Role of Principles of Natural Justice: No bias and right to fair hearing

• Principles of natural justice are not rigid rules but rather adaptable to suit specific situations for the purpose of ensuring justice.
• Courts have historically developed two key principles of natural justice: the 'rule against bias' and the 'rule of fair hearing', which are not explicitly written in statutes but are derived from natural law.
• With the evolution of Administrative Law, a third principle of transparency and providing reasons for decisions can also be considered essential.

Examples illustrating Principles of Natural Justice:

• If a worker assaulted a manager in a factory and the same manager is appointed as the inquiry officer, it violates the rule against bias.
• Administrative officials are expected to act in accordance with constitutional principles and without prejudice.
• Allegations of bias must be based on a real likelihood or actual bias, not merely unfounded suspicions.
• Various types of bias include pecuniary bias, subject matter bias, personal bias, and departmental bias, each requiring specific considerations.

Guidelines to ensure fair administrative action:

• Every affected individual should be informed of their alleged wrongdoing and the evidence supporting it before any action is taken.
• The right to cross-examination must be granted to parties to question the veracity of presented evidence.
• Individuals have the right to present their case, seek legal representation, and benefit from constitutional protections such as Article 311 in the Indian Constitution safeguarding Civil Servants.

Delegated Legislation: The Hotspot of Administrative Law Studies

Delegated legislation, also known as subordinate legislation, refers to laws created by an authority other than the highest governing body, such as the Supreme Authority. Here are the key points explained:

• Definition: Delegated legislation is when laws are made by an authority other than the main legislative body, and its existence and validity depend on the supreme authority.
• Significance: It is closely linked to extensive governance structures where the top legislative body cannot directly manage all regions, allowing specialized laws tailored to specific needs.
• Flexibility: Delegated legislation enables quick crisis responses, ensuring laws can adapt swiftly to changing circumstances.
• Control: Delegation of law-making power to administrative bodies in a welfare state is regulated to prevent unchecked authority, aligning with the constitution's principles.
• Limits: Delegation is not boundless; it must adhere to constitutional frameworks and delegated legislation boundaries set by corresponding laws.
• Accountability: In democratic societies, the delegation of legislative powers must be accountable and not exceed essential legislative functions.
• Parliament's Role: The Parliament, while having legislative powers, is not a mere delegate of the people but operates within the constitutional limits set by the people themselves.

Understanding the nuances of delegated legislation is crucial for grasping administrative law concepts effectively.

Administrative Law in Ascertaining the Policy of Any Given Legislation

• Administrative Law principles establish the standard for interpreting, comprehending, and implementing the fundamental concepts of all laws and court decisions.
• The initial step in determining the policy of a law involves examining the literal meaning of the words within a statute that confers authority.
• Subsequently, the 'object & reason clause' can be referenced to gain insights into the law's intention.
• Additionally, the 'head notes' and section names within statutes serve as valuable resources for interpretation.
• When necessary, external sources such as Parliamentary debates can also aid in discerning the purpose of the law.

Mechanisms of Control Against Illegitimate Administrative Processes

• United States of America: Procedural control is effective within prescribed guidelines.
• United Kingdom: Parliamentary control is extremely strong due to an unwritten constitution with the supremacy of Parliament.
• India: Neither procedural control nor Parliament holds absolute power. Indians rely on the judiciary to address administrative anomalies and Parliament's privileges.

Judiciary Role in India:

• Courts presume constitutionality in cases.
• When multiple interpretations exist for a law/rule/regulation, the court chooses the one that aligns with the constitution.
• The court may adjust laws to uphold constitutionality.
• A balanced and holistic approach is taken to assess and adjudicate administrative matters.
• The court aims to deliver justice without overstepping legislative boundaries.

Grounds of Challenge of Rules and Regulations

Challenging Rules and Regulations:

• Administrative authorities' rules can be contested based on uncertainty and vagueness.

Arbitrariness:

• Arbitrariness arises when there is no clear link between a rule and its intended outcome.
• Patent denial of equality leads to arbitrariness.

Importance of Reasons:

• Reasons play a crucial role in administrative actions.
• A lack of reasons indicates a lack of thoughtful decision-making.

Value of Reasonableness:

• 'Reasonableness' is highly valued in Administrative Law, particularly after the Renaissance.
• Determining reasonableness involves considering prevalent customs, traditions, and practices.

To comprehend reasonableness, one must pay attention to established norms when operating within the realm of Administrative Law.

Control Over Administrative Discretion and Rule-making

• General Parliamentary Control: Under the Indian Constitution, parliamentary control takes various forms such as debates, notices, and adjournments, serving as effective tools.

Special Controls:

• 'Lay in' Provisions: These provisions involve delegated administrative rules that are presented before the Parliament or respective legislature for approval before they become legally binding.
• Two Types of 'Lay in':
  • Recommendatory: Rules that may not necessarily require affirmative Parliamentary approval.
  • Mandatory: Rules that must have Parliamentary approval to become law.
• Judicial Review: Delegated legislation is always subject to judicial review based on constitutional standards, the parent Act, and other legal criteria.

By ensuring that administrative rules are subject to parliamentary scrutiny and judicial oversight, India maintains a system where delegated legislation is accountable and must align with legal frameworks.

Remedies Under Administrative Law

• Government Accountability: The government is not immune to legal action for its wrongful acts against citizens.
• Remedies Overview: Administrative Law offers various remedies for citizens to address wrongful administrative acts or omissions.
• Example Scenario: For instance, if the government cancels a construction contract abruptly, the affected party has a right to seek redress for the government's actions.
• Types of Remedies: Various types of remedies exist against wrongful administrative actions, with statutes providing guidelines for administration conduct.
• Legal Framework: Statutes like the Indian Evidence Act outline procedures for compelling public officers to disclose information.
• Additional Oversight: Apart from legal and constitutional remedies, oversight can also be achieved through non-legal means including media and social media scrutiny.

A Comparative Analysis: Droit System

Droit Administrative Law

• In the French system, Napoleon's ascension to power in the late 18th century marked a pivotal shift in the administration of justice.
• Key Players: The King's court, Conseil Du Roi, advised the King while Ordinary Courts, neglected and reliant on fees, obstructed government initiatives.
• Napoleonic Reforms: Napoleon aimed to expedite socio-economic progress by minimizing disputes between individuals and government bodies, leading to the abolition of the King's court.
• Dual Justice System: France adopted a dual justice system with civil courts handling private disputes and administrative courts managing conflicts involving the government.

Criticism of the Droit System

• Critique by Prof. A.V. Dicey: Dicey criticized the system despite its efficiency compared to common law systems.
• Blanco Decree: In 1872, the Blanco decree transformed Counseil de' Etat into an independent court, allowing direct case filings and open hearings, enhancing administrative efficiency.

Effectiveness of Droit

• Notwithstanding the valid objections to the Droit system, it's acknowledged that this system introduced some important ideas in Administrative Law.
• Doctrine of legitimate expectation: This is about the Government being responsible if it fails to keep its promises to the people. Legitimate expectation can occur when a public authority makes a clear promise or when there's a consistent practice that people can expect to continue. This expectation should be reasonable.
• Doctrine of proportionality: Proportionality, as explained by Lord Diplock, means not using excessive force when a milder approach suffices. Government actions should be minimally intrusive to achieve important public goals.
• Doctrine of Governmental liability: This concept outlines when the Government can be held accountable for violating someone else's rights. It's about assessing fault and risk to determine liability.

Conclusion

• Importance of Administrative Law: Vital for scrutinizing administrative processes, ensuring compliance with rules and norms.
• Significance: Administrative law bridges legal text with justice, incorporating principles like Rule of Law and Separation of Powers.
• Role of Natural Justice: Ensures fairness and justice in administrative practices.