Introduction
Administrative law is an essential branch of public law that regulates the administration of administrative agencies and maintains a balance between state power and individual rights. It covers rule-making, application of law, and adjudication, establishing the structure, power, and accountability of administrative agencies. As a consequence of the emergence of the welfare state, administrative law has assumed importance in providing transparency, efficiency, and fairness in administration. This research examines its meaning, essence, and application, noting its very important role in constraining governmental conduct as well as safeguarding citizens from capricious exercises of authority.
Meaning, Nature and Scope
Administrative law is the branch of law that deals with the activities of the administrative agencies of the government, which includes
* Legislative: Legislature rule making
* Executive: Application of law
* Adjudication: Adjudication or rendering judgments
Some Important Points
* Administrative law is the branch of public law.
* It is concerned with the relation of individuals to the government.
* It establishes the organization and the structure of power of the administration or the quasi-judicial powers.
Definitions of Administrative Law
- As per the Indian Institute of Law:
* Administrative law is concerned with the part and the activities of the administrative authorities.
* The procedure to be adopted by these authorities while exercising such powers.
* The remedies for the person aggrieved when powers of authorities are abused
- According to Ivor Jennings,
“Administrative law is the law relating to the administration. It determines the organization, powers, and duties of the administrative authorities.”
- According to Wade
“Administrative law is the law relating to the control of governmental powers.”
In his opinion, the main objective of the administrative law is to restrain the government’s powers and restrict the citizens against their misuse.
- According to KC Davis,
“Administrative law is the law concerning the powers and procedure of the administrative agencies, including especially the law governing the judicial review of the administrative actions.”
What does administrative law concern?
Administrative law is concerned with the following issues:
* Who are the administrative powers?
* What is the nature of powers and nature used by administrative authorities?
* What is the restriction, if any, placed on these powers?
* How is the administration kept within the boundaries?
* What is the process adopted by the administrative authorities?
* What are the remedies that can be availed of by person who is prejudiced by the administration
Nature and Scope of Administrative Law
Administrative law has a heightened significance and interest and is most striking phenomenon in the welfare state of the current era.
Not codified law: Administrative law is not codified, such as IPC or the law of contracts. It is constitutionally based.
Judge made law: It is fundamentally a judge-made law, and it is a division of public law that is concerned with the constitution and delegation of power.
Deals with the organization: Administrative law is concerned with the organization and powers of the administrative and quasi-administrative authorities.
Concerned with the official actions: Administrative law is mainly concerned with the official action and the process by which official action is arrived at. Example: Rule making, rule application, monitoring actions, or pure administration.
Control Mechanism: It comprises a control mechanism (judicial review) whereby the administrative authorities are kept in check and made effective.
Authorities: Administrative law is derived from the authorities of the constitutional and statutory law.
Rights: Administrative law pertains to the individual rights as well as public needs and ensures transparency and open and honest governance, which is more people-friendly.
Means or the End: The administrative law study is not an end, but it is a means.
Emergence and development: Administrative law comes into existence and grows wherever and whenever any individual becomes the victim of arbitrary exercise of the public power. Administrative law I is not a branch of the philosophy of law but of the sociology of law.
Branches that regulate: It is the body of law that regulates the actions of the administrative units of the government. Government agency activity comprises rule making, rule adjudication, enforcement of particular regulations, and the associated agenda.
Droit Administratif:
- Meaning
It is the French Administrative Legal System, which implies a collection of rules that lays down the organization, powers, and functions of the public administration and governs the relation of the administration with the citizens of the country.
Droit administratif does not imply the rules and principles enacted by Parliament. Whereas, in the case of India, we see that the system is the representation of the rules and principles enacted by the Parliament or Legislature.
It contains the rules developed by the administrative courts that regulate the relationship between public servants and citizens, public servants and government, and public servants and public servants.
- Historical Background of Droit Administratiff
Napoleon Bonaparte was the founder of Droit Administratif. He was the one who created the Conseil d’Etat and transferred the ordinance. It has the following impacts:
* Robbed law courts of its jurisdiction and the administrative affairs.
* Another ordinance that these affairs could only be settled by the Conseil d’Etat.
- How did the Droit Administratif develop?
In Louis XIV, the executive authorities were centralized and arbitrary in the French government. The civil courts couldn’t control them. So, Droit Administratif originated prior to the 20th century.
Napoleon Bonaparte changed the entire system and formed the court system.
Two Types of courts
Civil and Criminal Courts (Azize & Court of desassation)
Administrative Courts (Counsell D’Etat Court of the prefect)
Rules and Principles of Droit Administration
- Rules of Droit Administratif
Rules governing the administrative officials’ administrative officials and powers. These are concerned with the appointment and removal, status, remunerations, functions, etc., of the administrative officials.
Rules governing the functioning of public services to serve the citizens’ needs:
Such services can be managed either entirely by public officials or under the control of other agencies to supply the public utility services.
Rules governing the administrative adjudication:
This addresses the notion that if any adjudication is made to a private citizen by the administrative government, it might be resolved by the administrative courts. The Court D’Estat is the supreme administrative government here.
- Principles of Droit Administratif
Principle 1
The administration’s power to act suo motto (by itself) and to impose its will directly on the subjects is to make them comply with it as a responsibility.
Principle 2
The authority of the administration to make decisions and implement them ‘suo motto’. It can be exercised only within the sphere of law. It avoids the arbitrariness of the individual freedoms against any arbitrariness.
Principle 3
The presence of a specialized administrative jurisdiction.
Criticism of the droit administratif
* There are special privileges to the government officials and other individuals.
* All the individuals, regardless of their status, must be subject to the ordinary court alone.
* All must be regulated by the laws enacted by the ordinary legislative organ of the state, which is entirely absent in the administrative courts.
* It goes against the modern provisions of the Rule of Law and Article 14, i.e., equality before the law.
Modern Day concept
- Position in USA
Delegate legislation is prohibited theoretically in the USA’s constitution due to two reasons:
Separation of Power: Because the system of government is grounded on the delegation-based presidential system of government, there exists a strict type of separation of power. There is no mention of any text provided in the USA’s constitution that indicates it delegates its powers from the legislature to the executive.
Delegatus non-potest delegare: Once power is delegated, the same power cannot be delegated again. Congress was itself a delegatee; then how can the obligatory powers be delegated further?
- Position in England
In England, Parliament is supreme, and there is no constitutional limit on the parliament. Also, Parliament in England enjoys extensive powers of the delegated powers and legislation. There is the delegation of the executive powers in the subordinate authorities’ hands.
- Position in India
In India, there are two constitutional limits of the delegation legislation. The power of delegation is governed by some limitations that the legislation cannot delegate the fundamental functions deciding the legislative policies.
There are some limits to the permissible delegation of the power in the hands of the executive. In other words, it implies that the delegatee should not have more powers than the delegator. In that case, it would result in an ultra-vires power.
Conclusion
Administrative law provides the bedrock of contemporary democratic rule, subjecting public institutions to legal limits while protecting individual rights. Through judicial review, delegated legislation, or regulatory frameworks, it strikes a balance between administrative efficiency and accountability. With changing societies and increasing governmental responsibilities, administrative law will further define the values of justice, fairness, and transparency in government administration.
Contributed By: Diwanshi Arya (Intern)