Administrative Law - Plutus IAS

1.  FACULTY NAME:  KANHAIYA JHA  BATCH NAME:  PUB. AD. OPTIONAL  SUBJECT:  PUBLIC ADMINISTRATION  TOPIC NAME:  ADMINISTRATIVE LAW  DATE OF PRESENTATION:  17 / 10 / 2023

2. Unit Section Topic Meaning, scope and significance Dicey on Administrative law Administrative Law 6 Delegated legislation Administrative Tribunals

3. PERCEPT OF LAW

4. • Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior. • The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. • The word lex (Latin for "law") comes from the Latin word ligare, which means, "to bind“. Hence, It induces people to act or restrains them from acting.

6. CLASSIFICATIN OF LAW

7. Natural law  It is not made by a competent authority like a king or a government. Hence, there is no punishment in the strictest meaning of this term.  The concept of Natural law was further elaborated by Thomas Hobbes, who described it as  ‘a precept, or general rule, found out by reason, by which a man is forbidden to do that which is destructive of his life….’.  So any act which violates the pursuance of peace or hinders happiness or does not give gratitude will be considered as violative of natural law.

11. Human or Positive laws  Positive laws (Latin: ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group.  St. Thomas Aquinas (a 13thcentury philosopher, Christian saint) taught that all human or positive laws were to be judged by their conformity to the natural law.

12. Administrative Law: an introduction • Administrative law is the bye-product of the growing socio-economic functions of the State and the increased powers of the government. • Administrative law has become very necessary in the developed society, the relationship of the administrative authorities and the people have become very complex. • In order to regulate these complex, relations, some law is necessary, which may bring about regularity certainty and may check at the same time the misuse of powers vested in the administration. • Administrative Law has been characterized as the most outstanding legal development of the 20th-century.

13. Changing paradigm of state Democratic/ welfare / administrative state Laissez faire / police state

15. Administrative state

16. Administrative Law vs Constitutional Law Constitutional law The ultimate law of any nation-state is Constitutional law. Deals with the organs of the State and its structure. It has a wide scope and deals with the powers of the State, general principles of governance, and the relationship between the citizens and the State. It is codified into a single text in countries with a written constitution.. Law Administrative law Administrative law is ancillary to the ultimate law. Deals with the actual functioning of the organs of the State. It has a narrow scope and only deals with the powers and functioning of the Administrative bodies. It is not codified. There might be hundreds of thousands of Administrative laws Constitutional law establishes an Administrative body. Administrative law defines its legal roles and limitations. Therefore, it can be seen as the action arm of Constitutional law.

17. Meaning of Administrative Law  Administrative law is a branch of public law that deals with the organization, powers, and duties of administrative authorities, as well as the rights and remedies of individuals affected by government actions.  It is an essential part of the legal framework in democratic societies and helps ensure the proper functioning of the administrative state.  According to Barthelemy, Administrative law is the sum total of the principles according to which the activity of the services (other than judicial) concerned with the execution of law is exercised.  Thus, in broader sense, Administrative Law means the whole body of law relating to public administration.

18.  Administrative law covers all the statutes, charters, resolutions, rules, regulations, judicial decisions, and orders which have a bearing upon the structure of the administrative authorities, the distribution of functions among them, their powers and procedure, their personnel and finance, and their responsibility.  In a narrower sense, administrative law is the law of official powers and responsibility, or the law which determines the amount of discretion permitted to administrative officers and agencies.

19. Administrative Law : different view  Professor James Hart defined administrative law as a set of laws made by administration, which are meant to control the administration. These laws were developed to control the administration.  Griffith and Street’s definitions it as -  Administrative law is law relating to the operations and control of administration.

20.  The Indian Institution of Law has defined Administrative Law in the following words;  “ Administrative Law deals with the structure, powers and functions of organs of administration,  the method and procedures followed by them in exercising their powers and functions,  the method by which they are controlled and  the remedies which are available to a person against them when his rights are infringed by their operation.”  The definition provided by the Indian Law Institute is one of the most acceptable definitions of administrative law. The definition included virtually all the laws, which define every aspects of administration.

21. Administrative Law : objective • Administrative Law deals with the following problems: • Who are administrative authorities? • What is the nature and powers exercised by administrative authorities? • What are the limitations, if any, imposed on these powers? • How the administration is kept restricted to its laminose? • What is the procedure followed by the administrative authorities? • What remedies are available to persons adversely affected by administration?

22. Sources of Administrative Law Ordinances, Administrative directions, notifications and Circulars Constitution of India Acts and Statutes Judicial decisions

23. Some example of Administrative Law in India • The Right to Information Act, 2005: This is a notable piece of administrative law in India. It empowers citizens to seek information from public authorities, promoting transparency and accountability in government functions. • The Administrative Tribunals Act, 1985: This act establishes administrative tribunals to hear disputes related to the recruitment and service conditions of public servants. These tribunals provide an administrative remedy for resolving employment-related disputes without going through the traditional judicial system. • The Goods and Services Tax (GST) Act, 2017: This administrative law governs the taxation system in India. It establishes the Goods and Services Tax Council, which is responsible for administering and regulating the GST regime. • The Reserve Bank of India (RBI) Act, 1934: This act establishes the RBI as the central bank of India. It defines its powers and responsibilities, including the regulation of the country's monetary and financial system.

24. • The Motor Vehicles Act, 2019 : This act governs the registration and regulation of motor vehicles in India, along with various traffic rules and regulations. • The Income Tax Act, 1961: This law sets out the administrative framework for collecting income tax in India. It defines the powers and duties of the Income Tax Department. • The Consumer Protection Act, 2019: This administrative law establishes consumer protection councils and courts to safeguard the rights and interests of consumers in India. • The Police Act, 1861: The Police Act, 1861, along with various state-specific Police Acts, provides the legal framework for the functioning of police forces in India. This administrative law governs the establishment, organization, and functioning of police departments in the country. The act outlines the powers, duties, and responsibilities of police officers and the rules they must follow in maintaining law and order.

25. General Features of Administrative Law Sine qua non for modern state Not Adjudication/ Rulemaking codified/ unwritten Important for the officials Subject to Judicial Review Feature Transparenc y and accountabilit y Remedial Evolving and Dynamic

26. • The administrative law has growing importance and interest and the administrative law is the most outstanding phenomena in the welfare state of today. • Administrative law is not codified like the Indian Penal code or the law of Contracts. It is based on the constitution. No doubt the Court of Law oversees and ensure that the law of the land is enforced. • Knowledge of administrative law is as important for the officials responsible for carrying on administration as for the students of law. • Administrative law is an ever-expanding subject in developing society and is bound to grow in size as well as quality in coming the decades.

27. • It administrative law deals with relationship individual with power. • Administrative law provides remedies to individuals or entities who have been adversely affected by administrative decisions, including the ability to appeal agency actions or seek redress in the courts. • Administrative law is highly specialized because it deals with various specific areas of government regulation. • Administrative law relates to individual rights as well as public needs and ensures transparent, open and honest governance, which is more people-friendly.

28. • Administrative law is not a codified, document or well-defined law. • It is essentially unwritten, uncodified or a judge-made law. • The evidence of administrative law can be evidenced even in the ancient times. • The concept of dharma ruled and observed by the kings and administrators. • The basic principles of natural justice and fair play were followed by the kings and officers as the administration could be run only on those principles accepted by dharma, but still there was no administrative law in existence in the sense in which it is studied today.

29.  Administrative Law is less individualistic and more communitarian and has social concerns.  Administrative Law puts the members of administration in privileged conditions. When the administration has to take up responsibilities, there are requirements for protections. The protections are concomitant to administration, as administration has pressure against coercion, forces and influences. Thus, there should be mechanisms to protect the administration from various pressures. Thenceforth, the members of administration are provided with privileges and protections.

30.  Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggrieved persons, when those powers are abused by administrative authorities.  The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government.  The execution and implementation of these programmes may adversely affect the rights of the citizens. The actual problem is to reconcile social welfare with rights of the individual subjects.

31.  Administrative Law brings about discretion in administration. The administration has to deal with various problems and issues of diverse members of the society. The problems and issues are quite complex. And these complexities can't be always defined and included in the law. In other words, there are areas which are vague and not clearly defined thereby increasing the possibilities of administrative discretions.  Administrative law is however, inevitable for civilization. The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly, in welfare state, where many schemes for the progress of the society are prepared and administered by the government.

32. • Administrative agencies have the authority to make rules and regulations that provide more detailed guidance on how laws should be implemented. • Administrative agencies often have the power to conduct adjudicatory hearings, which resemble judicial proceedings, to resolve disputes between individuals and the government or between private parties when the subject matter falls under their purview.

33. Scope of Administrative Law Problems of Public Personnel  In the U.S.A. the Committee on Public Administration of the Social Research Council (1938) gave outlines of the scope of administrative law- Problems of Fiscal Administration Legal conditions in administrative discretion Administrative law and administrative courts Administrative regulation Administrative examination Government contracts Claims against government Remedies against administrative action Law relating to the status and recognition of professional associations Legal rule governing actions of plural-headed administrative bodies.

34.  James Hart divides the field of administrative law into the law of internal administration and the law of external administration.  The law of internal administration elucidates the nature of public office or what Goodnow calls official relation. It includes such topics as legal qualification for office, legal disqualification for officers, legal aspects of appointment, tenure and conditions of services, legal aspects of the hierarchical form of departmental organisation, the legal relation of the administrative superior to the subordinate, and the legal relation between the power of removal and of administrative management.  The law of external administration comprises of four parts; first, powers and duties of administrative authorities related directly to private interests; second, the scope and limits of such powers; third, sanctions. (i.e. means of enforcement) attached to official decisions and fourth, the remedies against official action.

35.  In general viewpoints of most of the scholars, the scope of administrative law is very vast and it includes a number of different types of laws, such as constitutional, statutory, executive laws, administrative adjudication, judicial pronouncement, comments by legal luminaries, traditions, customs, conventions, international norms, etc.  In fact, administrative law includes all those areas wherever administration is involved. In the absence of administrative law, the Public Administration can't operate. It is very much multi-disciplinary.

36.  Hence, the scope of Administrative law can be defined as under –  The methods and procedures of these Administrative organs are also studied by this new branch of law.  It covers the nature of structure, powers and functions of all these administrative organs.  It also makes available all the relevant remedies to the persons, whose rights are infringed by the operations of these organs during the course of Administration.  Why and How the Administrative Organs are to be controlled is also viewed by the Administrative law.

37. Reasons for the Growth of Administrative Law Welfare state Emerging issues Judicial burden Expedite activities Legislative bottleneck Experimentalities Flexibilities

38. • There is a radical change in the philosophy of the role played by the state. The negative policy of maintaining law and order and social welfare is changing. • The state has not confined its scope to the traditional and minimum functions of defense and administration of justice, but has adopted the positive policy and as a welfare state has undertaken to perform varied functions .

39. • The judicial system was proved to be an inadequate to decide and settle all types of disputes. It was slow, costly, inept, complex and formalistic. It was already overburdened and it was not possible to expect speedy disposal of even very important matters. • The important problems could not be solved by mere literally interpreting the provisions of some statutes, but required consideration of various other factors and it could not be done by the ordinary courts of law. Therefore, industrial tribunals and labour courts. Were established, which possessed the techniques and expertise to handle these complex problems.

40. • The legislative process was also inadequate. It had no time and technique to deal with all the details. It was impossible for it to lay down detailed rules and procedures, and even when detailed provisions were laid down by the legislature, they have found to be defective and inadequate. Therefore, it was necessary to delegate some powers to the administrative authorities. • There is scope for experiments in administrative process. Here unlike, in legislation, it is not necessary to continue a rule until commencement of the next session of the legislature. Here a rule can be made , tired for some time and if it is defective, can be altered or modified within a short period. Thus, legislation is rigid in character , while the administrative process is flexible.

41. • The administrative authorities can avoid technicalities. Administrative law represents functional rather than a theoretical and legislative approach. • The traditional judiciary is conservative, rigid and technical. It is impossible for courts to decide cases without formality and technicality. Administrative tribunals are not bound by rules of evidence and procedure and they can take a practical view of the matter to decide complex problems.

42. • Administrative authorities can take preventive measures. Unlike regular courts of law, they do not have to wait for parties to come before them with disputes. In many cases, these preventive actions may prove to be more effective and useful than punishing a person after he has committed a breach of law. As freeman says, Inspection and grading of meat answers the consumer's need more adequately than does a right to sue the seller after the consumer injured. • Administrative authorities can take effective steps for the enforcement of the aforesaid preventive measures e.g. suspension, revocation and cancellation of license, destruction of contaminated articles etc., which are not generally available through regular courts of law.

43. Significance of administrative law • Protection of Individual Rights: • Administrative law provides a framework for safeguarding individual rights and freedoms. It ensures that government agencies, while performing their functions, respect the rights of citizens and are held accountable for any violations. • Legal Certainty: • It promotes legal certainty by defining the rules and procedures for administrative decision-making. This clarity benefits both government officials and citizens, ensuring that everyone understands the processes involved. • Efficiency and Expertise: • Administrative agencies are often staffed with experts who have specialized knowledge in their respective fields. This expertise enables more efficient and effective regulation in complex areas like healthcare, environment, finance, and transportation. • Implementation of Policies: • Administrative agencies are instrumental in implementing and executing the policies and laws passed by the legislature. They bridge the gap between legislative intent and practical application.

44. • Regulation and Public Welfare: • Administrative law allows for the regulation of various industries and sectors to promote the public interest. It addresses issues such as consumer protection, environmental conservation, and public safety. • Transparency and Accountability: • Administrative law encourages transparency by requiring agencies to provide information about their decisions, rules, and processes. This transparency enhances public accountability and trust in government actions. • Dispute Resolution: • Administrative law provides mechanisms for resolving disputes between individuals or organizations and government agencies. Administrative tribunals and courts can adjudicate cases related to administrative actions. • Economic Growth: • Regulatory frameworks established by administrative law can contribute to economic stability and growth by providing a predictable business environment and addressing market failures.

45. • Environmental Protection: • It is instrumental in environmental conservation by regulating industries and practices that may harm the environment. Administrative agencies are key players in enforcing environmental laws. • Public Health and Safety: • Administrative law is essential for safeguarding public health and safety by setting and enforcing standards in areas such as food and drug safety, workplace safety, and transportation safety. • Consistency and Fairness: • It ensures that government actions are consistent and fair, reducing the likelihood of arbitrary or discriminatory treatment by administrative agencies. • Adaptability: • Administrative law can adapt to changing societal needs and technological advancements, making it a flexible tool for regulating modern, dynamic societies. • Access to Government Services: • It facilitates citizens' access to government services, such as licenses, permits, and benefits, by establishing clear and standardized procedures.

46. Issue with administrative law • Bureaucratic Inefficiency: • Administrative agencies can sometimes be slow-moving and bureaucratic. Delays in decision-making and red tape can hinder efficient governance and the timely resolution of issues. • Conflict of Interest: • Agencies may be susceptible to regulatory capture, where they become unduly influenced by the industries they are meant to regulate. This can lead to biased decision-making in favor of powerful interest groups. • Overreach of Power: • There can be concerns about agencies exceeding their statutory authority or encroaching on individual rights and freedoms. Striking the right balance between agency discretion and the protection of individual rights is a continual challenge.

47. • Inconsistent Interpretation and Application: • Different agencies may interpret and apply the law differently, leading to inconsistencies in regulatory decisions. This can create confusion and uncertainty for businesses and individuals. • Complexity and Lack of Clarity: • Administrative regulations and procedures can be complex and difficult to navigate, which may lead to misunderstandings and compliance challenges, especially for individuals and small businesses. • Regulatory Overload: • The proliferation of administrative regulations can create a heavy compliance burden for businesses and individuals. It may also stifle innovation and economic growth. • Limited Public Participation: • While administrative agencies are often required to provide opportunities for public input, meaningful public participation can be limited. Citizens may feel their voices are not heard in the decision-making process.

48. Way ahead • Transparency and Public Participation: • Encourage greater transparency by requiring agencies to disclose information, decisions, and rulemaking processes. • Promote public participation in the decision-making process through public hearings, consultations, and comment periods. • Accountability and Oversight: • Strengthen oversight mechanisms to ensure agencies are held accountable for their actions. • Allow for judicial review of agency decisions to ensure they adhere to legal standards. • Clear and Accessible Regulations: • Simplify and clarify administrative regulations to make them more accessible to the public, particularly small businesses and individuals. • Provide user-friendly online resources and guidance for navigating administrative procedures.

49. • Regulatory Impact Assessment: • Conduct thorough assessments of the impact of proposed regulations on businesses, individuals, and the economy. • Consider the costs and benefits of regulations before implementation. • Alternative Dispute Resolution: • Promote alternative dispute resolution methods, such as mediation or administrative tribunals, to provide a more cost-effective and efficient means of resolving disputes. • Technology and Automation: • Embrace technology to streamline administrative processes, improve data collection, and make information more accessible. • Implement e-governance solutions for online filing, tracking, and monitoring of administrative applications. • Continuous Review and Reform: • Regularly review and update administrative laws and regulations to adapt to changing societal needs, technology, and economic conditions. • Establish mechanisms for stakeholders to propose regulatory reforms.