Meaning, Scope and Significance | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

In today's modern world, governments have expanded their role beyond traditional functions such as maintaining law and order, administering justice, and protecting citizens. They have taken on various development, planning, and welfare schemes that impact every aspect of human life. This expansion of governmental functions and increased powers has given rise to a legal discipline known as administrative law. Administrative law is a by-product of the state's evolving socioeconomic functions and its need to confer significant powers on the government to achieve the objectives of a welfare state.

Concept and Definition of Administrative Law

Administrative law is a subset of public law that focuses on the powers, responsibilities, rights, and liabilities of government agencies involved in public administration. Despite numerous attempts, a definitive definition of administrative law has proven elusive. According to Austin, administrative law determines the ends for which sovereign powers shall be exercised and the modes in which those powers shall be exercised. These powers are exercised either directly by the sovereign member's monarch or by subordinate political superiors to whom portions of those powers are delegated or committed in trust. Jennings defines administrative law as "a law relating to the administration, powers, and duties of administrative authorities."

The Nature of Administrative Law

Administrative law is, in essence, a type of law, although it differs from other branches of law such as property law or labor law. It encompasses not only technically defined laws but also administrative circulars, policy statements, resolutions, memorandums, and other similar documents. Furthermore, it incorporates the principles of "higher law" and natural justice into its study. Unlike private law, which deals with relationships between individuals, administrative law is a branch of public law that focuses on the interaction between individuals and organized power. It also covers the structure and powers of administrative and quasi-administrative agencies, emphasizing the study of organizations to understand the powers, actions, procedures, and control mechanisms they employ. Therefore, administrative law encompasses not only administrative agencies but also corporations, boards, universities, and other institutions.

The Scope of Administrative Law

The scope of administrative law revolves around the official actions undertaken by administrative agencies. These actions can be categorized as follows:

• Making rules: This includes the formulation and establishment of regulations and policies.
• Adjudicatory action or rule decision action: This involves the decision-making process and the application of rules.
• Applying the rule: This encompasses the implementation and enforcement of rules.

Additionally, administrative law considers incidental actions that are related to the main actions, such as investigative, supervisory, advisory, and declaratory actions. It also encompasses the mechanisms designed to keep administrative agencies in check and ensure they effectively serve individuals. The review process, through procedures like writs of habeas corpus, mandamus, certiorari, and prohibition, allows courts to exercise jurisdiction over administrative actions. Furthermore, the judiciary's power extends to suits, injunctions, and declaratory actions, which serve as ordinary judicial powers.
Public opinion, media scrutiny, access to justice, and the goal of reconciling democratic safeguards with effective government conduct act as additional checks on administrative actions. Administrative law aims to strike a balance between democratic principles, fair play standards, and the efficient functioning of administrative actions.

General Principles of Administrative Law

The initial step in administrative law involves determining the legal validity or authority of actions carried out by government officials. This entails examining the foundation of the legal authority to act, which refers to the specific law that grants administrators the power to act. Constitutional law primarily focuses on determining who possesses the authority to create laws, while administrative law concerns the actions of government officials who have been given authority through these laws. Consequently, constitutional and administrative law are closely interconnected. If the law that empowers a government official to act is deemed unconstitutional and therefore invalid, any actions taken by the official under that law will also be considered invalid. As a result, individuals who have been harmed by such actions may have the option to seek legal recourse.

The Rule of Law

• The rule of law is based on the concept of upholding natural justice, which entails making judgments based on impartiality, fairness, and adherence to prescribed laws and legal methods, rather than arbitrary decisions or abuse of official power by the government. This principle applies to the government's service to the people and the resolution of cases before tribunals, among other contexts. Natural justice is employed when there are no specific laws in place. In such cases, individuals must be given an opportunity to present their case, and the judgment must be based on the facts and circumstances of the situation, ensuring it remains free from bias. The purpose of natural justice is to prevent those in positions of power from violating people's rights.
• The ability of the court to prevent abuses of administrative power is crucial to upholding the rule of law as defined by Dicey. The fact that not all administrative actions are governed by statutes that can be subject to judicial interpretation highlights the limitations of courts in fulfilling this control function. Administrative functions are increasingly diversifying, especially with the progression of privatization. In numerous governmental contexts, certain functions are carried out through contracts governed by private contract law rather than public administrative law.

Delegation of Authority

• Given the significance of government affairs, it becomes necessary to delegate powers from legislators to administrators. Due to the large number of decisions that need to be made, Parliament cannot personally address every issue in a country. Another crucial reason for delegating powers is the inherent nature of laws, which must be broad as they cannot account for all specific and frequently changing circumstances that may arise.
• Consequently, the application of the law may require some discretion to suit specific situations, and the laws themselves must establish criteria for exercising such discretion to ensure fairness and consistency. Nearly every law enacted by Parliament specifies the powers and responsibilities of various government entities or officials, such as the cabinet, specific ministers or civil servants, or judges. Because the delegation of powers holds significant importance, Parliament has developed guidelines for controlling its own delegation of powers to administrators.

Important Case Laws on the Nature and Scope of Administrative Law

• Ram Jawaya Kapoor v. State of Punjab 1955: The Supreme Court held that the government's action did not violate the petitioner's fundamental rights. It established the separation of powers and the concept of executive power.
• Asif Hameed v. J&K 1989: The court determined that the High Court has the power to issue directions to the state government regarding the constitution of statutory bodies. It clarified the scope of judicial review and separation of powers.
• State of MP v. Bharat Singh: The Supreme Court upheld the order of the High Court, declaring a provision of the Act as unconstitutional due to its lack of procedural safeguards. This case emphasized the importance of natural justice in administrative actions.

Conclusion

Administrative law encompasses the legal framework that governs the powers, actions, and procedures of administrative agencies. It plays a crucial role in ensuring fair and effective government conduct. By examining the nature, scope, and significance of administrative law, we gain a better understanding of its purpose and its impact on individuals and organizations. While administrative law is primarily concerned with the study of administrative agencies, it also extends to various other institutions, reflecting the diverse and evolving nature of public administration.