Nature and Scope | Administrative Law - CLAT PG PDF Download

Background 

• Administrative law determines the organization, power, and duties of administrative authorities.
• There are many formulations in the field, but none is completely satisfactory.
• Some formulations are too broad or too narrow.
• Many include much more than what should be included within the scope of the subject.
• The recognition of administrative law is based on formal judgments grounded in the principles of natural justice.
• Efforts have been made, leading to a growth of administrative law.
• This growth is associated with various processes of administration and control.
• Administrative law has come into existence in a welfare state.

Understanding Administrative Law

• Administrative law is a unique branch of law that differs from traditional areas like property law or contract law. While it is indeed a form of law, it encompasses a broader range of elements beyond just statutes and rules.
• It includes the study of various components such as administrative rulemaking, precedents, customs, and administrative directions. Moreover, it also considers aspects that may not strictly qualify as law, such as administrative circulars, policy statements, and resolutions.
• In the Indian context, administrative law is primarily judge-made law, shaped by judicial interpretations and decisions. This reliance on judicial lawmaking brings both strengths and weaknesses to the field. The development of administrative law is influenced by personal and institutional constraints, making it susceptible to judicial uncertainties.

Distinction Between Administrative Law and Private Law

• Administrative law is a branch of public law, which focuses on the relationships between individuals and organized power. In contrast, private law deals with the relationships between individuals.
• Administrative law primarily concerns itself with the organization and powers of administrative and quasi-administrative agencies. The emphasis on organization is important for understanding the powers, actions, procedures, and control mechanisms of these agencies.

Scope of Administrative Law

• Administrative law encompasses the study of existing principles and the development of new principles that administrative and quasi-administrative agencies must follow when exercising their powers over individuals. These principles include natural justice, reasonableness, and fairness.
• The field also involves the examination of various types of official actions, such as rulemaking, quasi-judicial actions, and ministerial actions.

Official Actions in Administrative Law

• Administrative law deals with different types of official actions, including:
• Rulemaking or Quasi Legislative Action: This involves the creation of rules or regulations by administrative agencies. These rules have the force of law and govern specific areas of public policy.
• Quasi-Judicial Action: This refers to actions taken by administrative agencies that involve adjudication or decision-making similar to that of a court. Agencies may hold hearings, gather evidence, and make determinations on disputes or regulatory matters.
• Ministerial Action or Pure Administrative Action: This involves routine administrative tasks or actions that do not involve significant discretion. These actions are often carried out in accordance with established procedures and guidelines.

Administrative law primarily focuses on the procedures through which official actions are taken. The reliability of these means is crucial for ensuring just outcomes. There is a wide variety in the procedures followed by administrative agencies in reaching decisions, which may be outlined in different ways.

Key Points

• Administrative law examines the procedures of official actions, emphasizing their importance for just outcomes.
• Procedures followed by administrative agencies can vary widely and may be established in different ways.
• Procedures may be set out in the statute that creates the administrative agency or in separate procedural codes.
• In some cases, agencies have the flexibility to develop their own procedures or must adhere to the minimum standards of natural justice.
• Administrative law also encompasses the review process, which keeps agencies within bounds and ensures their effectiveness in serving individuals.
• The study of administrative law aims to reconcile power with liberty, shifting from circumscribing administrative powers to regulating them.
• Administrative law involves the structure, powers, functions, limits, methods, and procedures of administrative organs, as well as the control mechanisms and legal remedies available against them.