What Is Administrative Law?
Administrative Law is the public law that governs the organisation, functions and powers of government agencies and executive authorities. It ensures that administrative actions are legal, fair and within limits.
Key Features of Administrative Law:
- Governs government and executive decisions.
- Ensures citizens are treated fairly by government agencies.
- Makes rules, regulations and procedures for administrative authorities.
- Provides a judicial review mechanism to check state arbitrariness.
Understanding Administrative Law
Branch of Public Law:
- Handles the connection between citizens and government.
- Formulates legal guidelines for administrative actions.
Scope of Administrative Law:
- Delegation of administrative powers and functions.
- Regulates rule-making authority of administrative agencies.
- Controls government authorities' quasi-judicial power.
- Has judicial powers over administrative powers.
- Prevents misuse of power by the government.
- Ensures justice, accountability and transparency in the government.
- Prevents arbitrary administrative action against other peoples .
Administrative Law in India
Historical Background:
- Ancient India (Mauryan & Gupta Dynasties) had a concentrated administration.
- British made formal administrative rules.
- After independence, India strengthened state functions by enhancing administrative controls.
Judicial Review & Rule of Law:
- Indian courts are able to revoke government decisions in case they transgress legal limits.
- Unlawful, ultra vires, or unconstitutional regulation is void.
- Judiciary puts government decisions under conformity with principles of the Constitution.
Administrative Tribunals:
- Specific tribunals process disputes pertaining to administrative actions (e.g., Central Administrative Tribunal).
- Relieves burden from conventional courts but protects justice in admin matters.
Sources Of Administrative Law
- Constitution of India: It is the primary source of administrative law. Article 73 of the Constitution defines the Union's executive power to deal with matters on which the Parliament can legislate. Article 62 confers equivalent power on States. Indian Constitutional law does not recognise strict application of the doctrine of the separating of powers. Tribunals, the public sector, and the liability of the government are all important aspects of administrative law covered within the Constitution.
- Acts/Statutes: Acts passed by the central and state governments empower the administrative wings to conduct an array of tasks necessary for maintaining law and order, collection of taxes, economic growth, and social development. The Acts specify the responsibilities of the administration, impose limitations on their powers, and provide a redressal mechanism for every individual affected by the administrative action.
- Judicial decisions: The Constitution of India is paramount in India, and the Supreme Court has the authority to interpret it. In their diverse judgments regarding the use of power by the administration, the government's liability for contract breaches, and the tortious actions of governmental officials, the courts create administrative regulations that act as precedents for future governmental actions.
Benefits of Administrative Law
- Keeping Power in Check: Government officials must operate within the boundaries of the law.
- Rule of Law: No authority or government can exercise the rights of citizens at will.
- Accountability: Decisions by the government are subject to judicial review.
- Rapid Dispute Resolution: Administrative courts handle cases faster than regular courts.
- Transparency: Government departments ought to follow procedures as established in addressing issues.
Key Takeaways
Administrative Law is the public law governing government agencies and executive authorities. Supreme Court plays a significant role in ensuring administrative law in India. They strike down arbitrary executive orders through judicial review. New tribunals for tax, environment and service matters are created to ensure fairness and justice. RTI provisions in the country ensure transparency in the actions of government agencies.
