Cheat Sheet: Introduction to Administrative Law

1. Meaning and Scope of Administrative Law

1.1 Definition

1.2 Scope and Content

• Organization and structure of administrative authorities
• Powers and functions of administrative agencies
• Quasi-legislative functions (delegated legislation)
• Quasi-judicial functions (administrative tribunals)
• Quasi-executive functions (administrative discretion)
• Principles of natural justice
• Judicial control through writs and judicial review
• Administrative remedies and redressal mechanisms
• Liability of the State and public authorities

1.3 Distinction: Administrative Law vs Constitutional Law

2. Growth and Development of Administrative Law

2.1 Historical Evolution in England

• Limited administrative law development due to rule of law concept by Dicey
• Dicey opposed administrative discretion and special tribunals
• Post-World War I: Growth of welfare state necessitated administrative expansion
• Report on Ministers' Powers (Donoughmore Committee, 1932) acknowledged need for delegated legislation and tribunals
• Franks Committee Report (1957) on Administrative Tribunals and Enquiries
• Tribunals and Inquiries Act, 1958 established Council on Tribunals

2.2 Development in United States

• New Deal era (1930s) under President Roosevelt saw massive growth
• Administrative Procedure Act, 1946 codified administrative procedures
• Separation of functions within agencies
• Extensive judicial review of administrative action

2.3 Growth in India

2.3.1 Pre-Independence Period

• Regulatory agencies under colonial rule (Municipal Boards, Port Trusts)
• Limited judicial review during British rule

2.3.2 Post-Independence Development

• Constitution of India: Fundamental Rights and Directive Principles
• Five-Year Plans led to creation of numerous regulatory bodies
• Welfare state ideology necessitated administrative expansion
• Key agencies: SEBI, TRAI, CCI, IRDAI, NCLT, NCLAT
• Administrative Tribunals Act, 1985 established specialized tribunals
• Constitutional provisions: Articles 32, 136, 226, 227, 300, 311

3. Rule of Law

3.1 A.V. Dicey's Concept (1885)

3.2 Criticism of Dicey's Theory

• Oversimplified view of English administrative system
• Ignored existence of administrative discretion in England
• Absolute equality before law impractical (government officials need immunities)
• Droit Administratif in France not incompatible with rule of law
• Modern welfare state requires administrative discretion
• Ivor Jennings criticized Dicey's rejection of administrative law

3.3 Rule of Law in India

• Article 14: Equality before law and equal protection of laws
• Article 19: Fundamental freedoms subject to reasonable restrictions
• Article 21: Right to life and personal liberty (expanded through judicial interpretation)
• Articles 32 and 226: Judicial review powers through writs
• No person can be deprived of rights except by authority of law
• Government and officials subject to law
• Reasonableness requirement for administrative action

3.4 Landmark Judgments

4. Separation of Powers

4.1 Classical Theory

• Three organs of State: Legislature, Executive, Judiciary
• Each organ has distinct functions
• Prevents concentration of power in one authority
• Provides checks and balances

4.2 Montesquieu's Doctrine

• Propounded in "The Spirit of Laws" (1748)
• Legislature makes laws
• Executive implements laws
• Judiciary interprets laws and adjudicates disputes
• No organ should encroach upon functions of another

4.3 Separation of Powers in India

• No rigid separation; functional overlap exists
• Constitution does not explicitly mention separation of powers
• Articles 50, 121, 122, 211, 212 indicate separation
• Legislature: Makes laws (Article 245-246)
• Executive: Implements laws (Article 53, 154)
• Judiciary: Interprets laws and judicial review (Articles 32, 226)

4.4 Checks and Balances in India

4.5 Delegation of Legislative Powers

• Legislature delegates subordinate law-making power to Executive
• Delegated legislation does not violate separation of powers if within limits
• Essential legislative functions cannot be delegated
• Policy must be laid down by Legislature
• Administrative authorities fill in details

4.6 Key Judicial Pronouncements

5. Administrative Discretion

5.1 Nature and Meaning

• Power conferred on administrative authorities to act according to their judgment
• Choice between alternative courses of action
• Essential for effective administration and flexibility
• Cannot be mechanical application of rules

5.2 Need for Discretionary Powers

• Impossible for legislature to foresee all circumstances
• Modern welfare state requires flexibility
• Emergency situations demand quick decisions
• Technical and specialized matters need expert judgment
• Individual circumstances require case-by-case consideration

5.3 Types of Discretion

5.4 Limits on Discretionary Powers

• Must be exercised within statutory limits
• Cannot be arbitrary, capricious, or mala fide
• Must conform to principles of natural justice
• Subject to Article 14 (reasonableness and non-arbitrariness)
• Must be exercised for authorized purpose only
• Relevant considerations must be taken into account
• Irrelevant considerations must be excluded
• Cannot be exercised under dictation or undue influence

5.5 Judicial Control of Discretion

5.6 Important Cases

6. Administrative Law in Welfare State

6.1 Concept of Welfare State

• State responsible for social and economic welfare of citizens
• Positive obligation to provide basic necessities
• Shift from laissez-faire to regulatory and welfare functions
• Directive Principles of State Policy (Part IV) embody welfare state concept

6.2 Impact on Administrative Law

• Expansion of administrative agencies and authorities
• Growth of delegated legislation to address complex issues
• Creation of specialized tribunals for efficient adjudication
• Increase in discretionary powers of administration
• Development of public interest litigation
• Emphasis on socio-economic rights under Article 21

6.3 Challenges in Welfare State

• Balance between efficiency and individual rights
• Control of administrative discretion and power
• Ensuring accountability and transparency
• Protection against arbitrary action
• Need for effective judicial review mechanisms

6.4 Constitutional Framework for Welfare Functions

7. Sources of Administrative Law

7.1 Primary Sources

7.2 Secondary Sources

• Commentaries and textbooks by jurists
• Reports of Law Commissions and expert committees
• Administrative rules and circulars
• Quasi-judicial decisions of tribunals
• Comparative administrative law from other jurisdictions

7.3 Key Statutory Enactments

• Administrative Tribunals Act, 1985
• Right to Information Act, 2005
• Public Liability Insurance Act, 1991
• Consumer Protection Act, 2019
• Competition Act, 2002
• Various specific statutes creating regulatory bodies

8. Principles of Natural Justice

8.1 Meaning and Foundation

• Fundamental principles of fair procedure
• Applied in absence of express statutory provisions
• Rooted in Rule of Law and Article 14, 21
• Cannot be sacrificed at altar of administrative convenience
• Ensure fairness in decision-making process

8.2 Maxims of Natural Justice

8.3 Rule Against Bias

8.3.1 Types of Bias

8.3.2 Test of Bias

• Real likelihood of bias test (objective test)
• Reasonable suspicion of bias test
• Justice must not only be done but seen to be done

8.4 Right to Fair Hearing (Audi Alteram Partem)

8.4.1 Components

• Notice: Adequate and proper notice of case against person
• Opportunity to be heard: Right to present case and evidence
• Disclosure of evidence: Right to know evidence relied upon
• Right to cross-examine: Where oral evidence presented
• Right to legal representation: In quasi-judicial proceedings
• Speaking order: Reasoned decision with basis stated
• Right to appeal/review: Where provided by statute

8.4.2 Notice Requirements

• Must contain allegations and grounds
• Sufficient time to prepare defense
• Language understandable to affected person
• Particulars of charges in disciplinary proceedings

8.5 Exceptions to Natural Justice

8.6 Post-decisional Hearing

• Hearing after action taken in urgent cases
• Must be prompt and effective
• Exception, not rule
• Applied in cases of immediate danger or emergency

8.7 Landmark Cases

9. Reasonableness and Wednesbury Principle

9.1 Wednesbury Reasonableness

• Derived from Associated Provincial Picture Houses v. Wednesbury Corporation (1948)
• Decision unreasonable if so outrageous that no sensible person would reach it
• Court examines whether decision within range of reasonable responses
• Does not substitute court's view for administrative authority's view

9.2 Application in India

• Article 14 encompasses reasonableness requirement
• Administrative action must not be arbitrary or capricious
• Proportionality and rational nexus tests applied
• More intensive scrutiny than Wednesbury standard in some cases

9.3 Grounds of Unreasonableness

• Taking into account irrelevant considerations
• Failing to take into account relevant considerations
• Decision based on no evidence
• Acting for improper purpose
• Disproportionate action

10. Doctrine of Legitimate Expectation

10.1 Concept

• Expectation arising from established practice or representation
• Protects against unfair exercise of discretion
• Extension of natural justice principles
• Can be procedural or substantive

10.2 Types

10.3 Sources of Legitimate Expectation

• Express promise or representation by authority
• Established practice or policy consistently followed
• Circulars, notifications or assurances
• Past conduct creating expectation

10.4 Limits

• Cannot override statutory provisions
• Public interest may justify frustrating expectation
• No expectation of illegal or ultra vires action
• Change in policy permissible if fair procedure followed

10.5 Important Cases