Meaning of Administrative Law

Administrative Law is a branch of public law that deals with the powers, functions, and responsibilities of administrative authorities, which are the organs of government responsible for implementing and administering the law. In simple terms, it is the law governing the Executive branch of government. As the functions of the modern state have expanded dramatically, the powers vested in administrative bodies have also grown. Administrative Law has developed as a system to control this power and ensure that the administration acts fairly, lawfully, and accountably.

It is the body of law that governs the activities of administrative agencies of government. These activities include rule-making (delegated legislation), adjudication (deciding disputes), and the application of specific policies. The primary goal of Administrative Law is to keep governmental power within its legal bounds so as to protect citizens against its abuse.

Several jurists have defined Administrative Law. Two key definitions are:

• According to Sir Ivor Jennings, "Administrative law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities." This is a broad definition, focusing on the entire structure of public administration.

• K. C. Davis provides a more functional definition, stating, "Administrative law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action." This definition highlights its crucial role in providing remedies for persons aggrieved by administrative actions.

Law relating to the administrative operations of government

At its core, Administrative Law is the law that regulates the operations of government. While constitutional law deals with the structure of government and the fundamental rights of citizens, administrative law focuses on the day-to-day functioning of the administration.

Its central focus is to ensure a balance between two competing interests:

1. The need for administrative authorities to have adequate power and discretion to govern effectively and efficiently.

2. The need to protect the rights and liberties of individuals and ensure that these powers are not used arbitrarily, unfairly, or for a wrongful purpose.

Therefore, Administrative Law is primarily concerned with the following questions:

• What are the powers of an administrative body?

• What are the limits of those powers?

• What are the procedures that must be followed when exercising those powers?

• What remedies are available to a person who has been adversely affected by an administrative action?

It is the body of law that upholds the concept of the Rule of Law within the administrative machinery of the state, ensuring that even the government is subject to the law.

Scope of Administrative Law

The scope of Administrative Law is vast and ever-expanding, mirroring the growth of administrative functions in a modern state. It encompasses the study of all three types of powers that are often vested in administrative authorities by the legislature: quasi-legislative, quasi-judicial, and purely administrative (discretionary) powers.

Rule-making power

This refers to the power of administrative authorities to make rules, regulations, and by-laws, a practice known as delegated legislation or subordinate legislation. The legislature, in its primary statute (the "parent act"), often lays down general principles and delegates the power to the executive to frame detailed rules to carry out the purposes of the act.

Necessity of Delegated Legislation:

• Lack of Parliamentary Time: The legislature does not have the time to deliberate on every minor detail of law.

• Technicality: Many modern laws are highly technical and require expertise that legislators may not possess. It is more efficient to delegate rule-making to expert bodies within the administration.

• Flexibility and Emergency: Administrative agencies can make or change rules more quickly than the legislature, which is crucial for adapting to changing circumstances or responding to emergencies.

Administrative Law governs this rule-making power by providing mechanisms for its control, primarily through judicial review. A piece of delegated legislation can be struck down by the courts if it is found to be ultra vires (beyond the powers conferred by the parent act) or unconstitutional.

Adjudicatory power

This refers to the power of administrative authorities to decide disputes and adjudicate on the rights and obligations of individuals. This function is known as administrative adjudication. In a modern state, a vast number of cases are decided not by ordinary courts but by specialized administrative tribunals and quasi-judicial bodies.

Examples in India:

• The Central Administrative Tribunal (CAT), which adjudicates disputes relating to the service matters of public servants.
• The Income Tax Appellate Tribunal (ITAT), which hears appeals on matters of direct taxation.
• The National Green Tribunal (NGT), which handles cases related to environmental protection and conservation.

Administrative Law is crucial in this sphere as it insists that these bodies follow the Principles of Natural Justice, which are fundamental rules of fair procedure. These include:

1. Audi alteram partem: The right to be heard. No one should be condemned unheard.

2. Nemo judex in causa sua: The rule against bias. No one should be a judge in their own cause.

Administrative law ensures that these tribunals act fairly and within their jurisdiction.

Discretionary power

Administrative authorities are often granted discretionary power, which is the power to make a choice from among a range of available options. For instance, a licensing authority may have the discretion to grant or refuse a license.

However, this discretion is never absolute or unfettered. It must be exercised reasonably, in good faith, and for the purpose for which it was granted. Administrative Law provides the grounds for judicial review to control the improper exercise of discretion. A court can intervene if a discretionary decision is found to be:

• Made in bad faith (mala fide).

• Based on irrelevant considerations or ignoring relevant considerations.

• Made for an improper purpose.

• So unreasonable that no reasonable person could have come to it (the "Wednesbury unreasonableness" principle).

• Made with non-application of mind or by acting under the dictation of a superior.

Development of Administrative Law

Administrative Law is a relatively new branch of law, with most of its development occurring in the 20th and 21st centuries. Its growth is a direct consequence of the changing nature of the state and the need to ensure accountability in an era of big government.

Growth due to welfare state concept

The primary driver for the growth of administrative law has been the transition from a laissez-faire state to a welfare state.

• The Laissez-Faire State (or Police State): In the 19th century, the role of the state was generally limited to essential functions: maintaining law and order, defending the country from external aggression, and administering justice. It was primarily a "negative" state, which did not interfere much in the daily lives of its citizens.

• The Welfare State: In the 20th century, the concept of the state's role changed dramatically. It became a "positive" state, actively working to promote the social and economic welfare of its citizens. This is the essence of a welfare state. The Constitution of India, particularly the Directive Principles of State Policy (Part IV), enshrines the ideal of a welfare state.

The functions of a modern welfare state are vast and include providing education, healthcare, social security, regulating industries, managing public utilities (like electricity and water), protecting the environment, and promoting economic development. To perform these functions, the state and its administrative agencies needed vast new powers. This explosive growth in the powers of the administration necessitated the development of a corresponding body of law to regulate and control these powers, leading to the rapid evolution of Administrative Law.

Need for control over administrative power

The expansion of administrative power, while necessary for a welfare state, created a significant risk. The famous maxim by Lord Acton states, "Power tends to corrupt, and absolute power corrupts absolutely." A system with powerful administrative bodies but no mechanism to check their power would be a breeding ground for arbitrariness, abuse of authority, and corruption, posing a grave threat to the liberty of the individual.

Administrative Law developed to meet this fundamental need for control. Its entire purpose is to establish a system of accountability for the executive branch of government. It seeks to ensure that:

• Administrative authorities act within the four corners of the law (legality).

• The procedures they follow are fair and just (procedural fairness).

• Their decisions are reasonable and rational (reasonableness).

• There are effective remedies for those harmed by unlawful administrative action.

The primary mechanism for this control is the power of judicial review, exercised by the High Courts (under Article 226) and the Supreme Court (under Article 32) in India. Thus, Administrative Law is the body of law that reconciles the need for governmental power with the preservation of the rule of law and the rights of citizens.

Constitutional Law

The Constitution of India is the supreme law of the land and serves as the primary and most authoritative source of administrative law. It establishes the three organs of government—the Legislature, the Executive, and the Judiciary—and defines their powers and limitations. Administrative law functions within the framework laid down by the Constitution.

Several constitutional provisions are fundamental to administrative law:

• Article 14: Right to Equality. This article guarantees equality before the law and equal protection of the laws. It is a bulwark against arbitrary and discriminatory administrative action. Any administrative act that is arbitrary is considered a violation of Article 14.

• Article 19: Right to Freedom. This article guarantees fundamental freedoms such as freedom of speech, assembly, and profession. Any administrative action that places an unreasonable restriction on these freedoms can be struck down.

• Article 21: Right to Life and Personal Liberty. This article has been interpreted expansively by the Supreme Court to include the right to a fair, just, and reasonable procedure. This "procedural due process" is a core principle of administrative law, ensuring that any administrative action affecting life or liberty must be fair.

• Articles 32 and 226: Writ Jurisdiction. These articles empower the Supreme Court and the High Courts, respectively, to issue writs (such as Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto) to enforce fundamental rights and for any other purpose. The power of judicial review exercised through these articles is the most potent tool for controlling administrative action and is considered part of the "basic structure" of the Constitution.

• Directive Principles of State Policy (Part IV): These principles, while not directly enforceable in court, lay down the goals of a welfare state. The laws and administrative actions aimed at implementing these principles are a major subject of administrative law.

Essentially, the Constitution provides the foundational norms and the ultimate check on all administrative power.

Statute Law (Delegated Legislation)

Statutes or Acts of Parliament and State Legislatures are a major source of administrative law. These statutes create administrative agencies, grant them powers, and prescribe the procedures they must follow. For example, the Income Tax Act establishes the income tax authorities and details their powers of assessment and collection.

A significant portion of statute law in this context is delegated legislation (also known as subordinate or secondary legislation). This refers to the rules, regulations, by-laws, and orders made by administrative authorities under the power "delegated" to them by a primary statute.

Why Delegated Legislation is a Source

• Source of Power: Delegated legislation is the primary instrument through which administrative agencies exercise their powers and implement the policies laid down in the parent act. It provides the detailed "how-to" for administration.

• Subject of Control: At the same time, delegated legislation is itself a major subject of administrative law. The principles of judicial review are applied to determine whether a piece of delegated legislation is valid. The courts can strike down a rule or regulation if it is:

  • Ultra vires the parent act (it goes beyond the power granted by the statute).
  • In conflict with a provision of the Constitution.
  • Arbitrary or manifestly unreasonable.

Therefore, statute law, both primary and delegated, both creates and is controlled by administrative law.

Judicial Decisions (Writ Jurisdiction, Common Law)

Judicial decisions, particularly those of the Supreme Court and the High Courts, are a rich and vital source of administrative law in India. As India follows the common law system, the doctrine of stare decisis (precedent) applies, meaning that the legal principles laid down in judicial decisions are binding on lower courts and administrative authorities.

The judiciary has shaped the landscape of administrative law through:

• Interpretation of the Constitution and Statutes: The courts interpret the scope of fundamental rights and the powers granted to administrative bodies by statutes, thereby defining the limits of administrative action.

• Exercising Writ Jurisdiction: Through their powers under Articles 32 and 226, the courts have developed a comprehensive body of case law on the grounds for judicial review. It is through these writ petitions that principles like reasonableness, legitimate expectation, and proportionality have been integrated into Indian administrative law.

• Developing the Principles of Natural Justice: The principles of audi alteram partem (right to be heard) and nemo judex in causa sua (rule against bias) are not extensively codified in statutes. Their detailed application and evolution are almost entirely the work of the judiciary. Landmark cases like Maneka Gandhi v. Union of India established that the principles of natural justice are an integral part of Article 21 of the Constitution.

• Common Law Principles: Indian courts have also drawn upon principles of administrative law developed in other common law jurisdictions, particularly the UK, and adapted them to the Indian context. Principles like "Wednesbury unreasonableness" originated in English case law but are now a standard ground for review in India.

Administrative Directions and Circulars

Administrative authorities frequently issue various forms of non-statutory instructions to guide their subordinate officials and the public. These are known by various names such as directions, circulars, orders, memoranda, and guidelines.

While these directions do not have the force of law in the same way as a statute or delegated legislation, they are an important source of administrative law for several reasons:

• Internal Governance: They regulate the internal workings of administrative departments, ensuring uniformity and consistency in decision-making.

• Structuring Discretion: They can structure the exercise of discretion by subordinate officials, helping to prevent arbitrariness.

• Legal Effect: While they cannot override statutory provisions, these directions can sometimes create rights for individuals. The doctrine of legitimate expectation may arise if an administrative body has consistently followed a certain policy or guideline, leading the public to expect that it will continue to do so. A departure from such a guideline without a rational basis can be challenged in court.

• Binding on the Department: Even if not legally binding on the public, these circulars and directions are generally considered binding on the department that issues them. An authority cannot act in violation of its own self-imposed guidelines.

Administrative Practice and Custom

Long-standing and consistent practices followed by administrative departments can sometimes harden into rules of conduct that have legal significance. This is similar to the concept of custom in general law but operates within the administrative sphere.

How Practice becomes a Source of Law:

• Interpretation of Ambiguity: If a statutory provision is ambiguous, the way it has been consistently interpreted and applied by the administrative agency responsible for its enforcement over a long period can be a valuable guide for the courts in determining its true meaning. This is known as the principle of contemporanea expositio.

• Legitimate Expectation: As with administrative directions, a long-standing and unbroken administrative practice can create a legitimate expectation among the public. For example, if a licensing authority has a consistent 20-year practice of renewing licenses for all applicants who meet certain criteria, it cannot arbitrarily depart from that practice and refuse renewal to a deserving applicant without providing a fair hearing and a rational reason.

• Procedural Norms: Certain procedural norms within an agency may develop through custom and practice. While these may not be written down, a departure from an established fair procedure could be challenged as arbitrary or a violation of natural justice.

However, it is a firm rule that no administrative practice or custom, no matter how long-standing, can override the clear text of a statute or a provision of the Constitution.

Administrative Law vs. Constitutional Law

Administrative Law and Constitutional Law are two closely related branches of public law, and the line between them can often be blurry. Both are concerned with the powers and functions of the government and its relationship with the individual. However, they differ significantly in their scope, nature, and focus.

The relationship between the two is often described using the analogy that Constitutional Law is the "genus" and Administrative Law is the "species." Constitutional Law is the parent law that gives birth to Administrative Law.

As famously put by British jurist A.V. Dicey, Constitutional Law deals with "all those rules which directly or indirectly affect the distribution or the exercise of the sovereign power," while Administrative Law relates to "the portion of a nation’s legal system which determines the legal status and liabilities of all State officials... and defines the rights and liabilities of private individuals in their dealings with public officials."

Administrative Law vs. Law of Torts

Both Administrative Law and the Law of Torts are concerned with providing remedies for wrongful acts. However, their domain, the nature of the wrongful act, and the parties involved are distinct.

Despite the distinctions, there is an area of overlap. A single wrongful act by a public official can give rise to a remedy under both branches of law. For instance, if a municipal corporation negligently maintains a road, causing an accident, a citizen can sue the corporation for the tort of negligence to claim damages. At the same time, another citizen could file a writ petition under administrative law seeking a writ of mandamus to compel the corporation to perform its statutory duty of maintaining the road properly.

Administrative Law vs. Criminal Law

Administrative Law and Criminal Law are both branches of public law, but they serve very different purposes. Criminal Law is concerned with punishing conduct that is considered a crime against society, while Administrative Law is focused on regulating and controlling the actions of the government.

Overlap: Administrative Penalties

There is a growing area of overlap known as "administrative penal law" or "administrative sanctions." Many modern regulatory statutes empower administrative agencies to impose monetary penalties for non-compliance with regulations (e.g., SEBI imposing penalties for insider trading, or the Competition Commission of India imposing penalties for anti-competitive practices). These penalties, while monetary, are imposed through an administrative process rather than a criminal trial. Administrative law principles, especially the principles of natural justice, are crucial in ensuring that these powerful penal functions are exercised fairly.