Administrative Law Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Introduction

Administrative Law vs. Constitutional Law

• Constitutional Law: Governs the structure and functions of the government, rights of citizens, and the relationship between individuals and the state. For instance, how elections are held, how Parliament is formed, and the powers of different state bodies.
• Administrative Law: Deals with the actions of the government and the impact of those actions on the rights of citizens. It regulates how decisions made by ministers, government agencies, and authorities are implemented and challenged.
• Key Distinction: While constitutional law lays out the broad framework of governance, administrative law focuses on the day-to-day functioning of government agencies, ensuring that their actions are legal and fair.

Reasons for the Growth and Development of Administrative Law

• Modern governments have taken on more responsibilities, especially in welfare states. This includes areas like public health, education, and social services.
• Administrative law developed to regulate the increasing actions and decisions of government bodies.

Delegation of Power:

• Legislatures cannot manage every single aspect of governance, so power is delegated to administrative agencies to make decisions and policies.
• For instance, various regulatory bodies in India operate under administrative law, such as the Securities and Exchange Board of India (SEBI) or Reserve Bank of India (RBI).

Practical Need for Efficiency:

• Governments need to act quickly and effectively in modern times. Administrative law allows for more flexibility and delegation, which helps in efficiently managing governance.
• Without administrative law, the legislature would be overwhelmed by the sheer number of decisions to be made.

Accountability of Authorities:

• Administrative law provides mechanisms for ensuring that government authorities are accountable for their actions, through judicial reviews and tribunals.
• This ensures checks and balances in government functioning.

Types of Administrative Actions

Administrative Legislative Action:

• When administrative bodies create regulations or rules, they perform legislative functions. This includes delegated legislation where an administrative authority is empowered to make rules under the broad framework provided by the legislature.
• Example: Regulatory bodies framing rules for industries.

Quasi-Judicial Action:

• These are actions where administrative bodies resolve disputes or adjudicate matters, much like courts. However, the process may be less formal.
• Example: Tribunals that decide on matters such as taxation, labor disputes, or consumer complaints.

Simply Administrative Action:

• Actions that involve the execution of policies or regulations, where the authority has discretion. The decisions are administrative and involve the implementation of established policies.
• Example: Issuing a license or permit.

Ministerial Action:

• These are routine administrative tasks where no discretion is involved. The authority must follow set rules and regulations strictly.
• Example: Opening a bank account for a university as mandated by law.

Fundamental Principle: Rule of Law

• Definition: The rule of law ensures that all government actions are grounded in law and that the government cannot act arbitrarily. It upholds fairness and justice.

• Supreme Court Ruling: The rule of law was recognized as part of the ‘basic structure’ of the Indian Constitution in the Keshavananda Bharti case. This means it cannot be amended or removed by Parliament.

• Example: Even if a law allows the appointment of any person as a professor, if a person with no relevant qualifications is appointed, the appointment can be challenged as unfair and against the rule of law.

Doctrine of Separation of Powers

• Explanation: This doctrine ensures that the functions of government are divided into three branches—legislative (makes laws), executive (implements laws), and judiciary (interprets laws). Each branch has separate powers to avoid conflicts of interest.

• Purpose: The division of powers helps prevent the concentration of power in any one branch, ensuring checks and balances in governance.

  

Principles of Natural Justice

• This principle ensures that decision-makers are impartial and have no interest in the outcome of a case. For example, no one should judge their own case.
• Types of Bias:
  • Pecuniary Bias: Arises when a judge or decision-maker has a financial interest in the outcome of a case.
  • Personal Bias: Bias arising from personal relationships, such as friendship or family ties.
  • Subject Matter Bias: Bias due to the judge’s involvement or opinion on the subject matter of the case.

Fair Hearing (Audi Alteram Partem):

• This principle ensures that both sides of a case are heard before a decision is made. No one should be condemned without a fair hearing.

Essentials of Fair Hearing:

1. Notice: The person must be informed of the case against them.
2. Opportunity to Present Case: The person must be given an opportunity to defend themselves and submit evidence.

Case Example: Maneka Gandhi v. Union of India

• Facts: In this landmark case, Maneka Gandhi's passport was confiscated by the government without any reasons being provided.

• Supreme Court Ruling: The court ruled that actions taken by the government must follow fair and just procedures as outlined under Article 21 of the Indian Constitution (Right to Life and Personal Liberty).

Principles Involved:

• The government must follow procedures that are just, fair, and reasonable.
• Confiscating the passport without giving a reason violated the principles of natural justice and the right to personal liberty.

Post-Decisional Hearing

• Definition: In certain urgent cases, decisions may be made without a pre-decisional hearing. However, the affected person is given an opportunity to be heard after the decision is made.

• Importance: This balances administrative efficiency with fairness. In cases where urgent action is required, post-decisional hearings ensure that individuals can still challenge decisions made without prior notice.

Droit System (French Administrative Law)

1. History: The Droit system originated in France during Napoleon Bonaparte's reign. This system separates administrative disputes from civil disputes.

2. Key Features:

   • Dual System of Justice: France operates under a dual system, where private disputes are handled by civil courts, and disputes involving the government go to administrative courts.
   • Conseil d’État: The highest administrative court in France, which handles cases involving the government.

3. Napoleon's Reforms: Napoleon introduced this system to expedite the resolution of disputes between individuals and the government, reducing delays and increasing administrative efficiency.

4. Comparison to Common Law Systems: While there are theoretical objections to the Droit system, it is considered more efficient in handling administrative disputes than common law systems.

Principles of Natural Justice in the Indian Constitution

• Article 14: Guarantees equality before the law and ensures that government actions are not arbitrary.

• Article 21: Protects the right to life and personal liberty, ensuring that government actions are just, fair, and reasonable.

• Judicial Review: Administrative actions are subject to judicial review to ensure that they are in line with constitutional principles, such as natural justice.

Administrative law is crucial in modern governance as it regulates government actions and ensures that they are lawful, fair, and just. By establishing the rule of law and natural justice principles, administrative law protects citizens from arbitrary government actions. It helps maintain a balance between government efficiency and individual rights, making it an essential part of the legal framework.