Administrative Law

What is Administrative Law
Administrative law is a branch of public law that regulates the activities of government agencies that are involved in public administration.

Scope
Covers powers, functions & organization of public authorities which are involved in law making, enforcement.
Enforces Limits on Administrative powers & provides legal remedies for individuals against authorities

Administrative vs Constitutional Law
Constitutional law: Defines the fundamental principles and structure of government. Deals with rights of citizens
Administrative law: Outlines how bureaucratic agencies should operate to fulfill the responsibilities defined by constitutional law. Deals with needs of public.

Sources of Administrative Law
1. Branches of government(Executive, legislative, and judicial) creates laws and also influence the regulations created by bureaucratic agencies.
2. Statutes(विधियों): written laws that are created by legislative bodies
3. Executive orders: written directive issued by a government's executive branch that has the force of law
4. Judicial decisions:
5. Committee reports: These are a source of administrative law
6. Natural justice
7. Ordinance(authoritive orders): law or regulation enacted by a local governing body(like a city council)

Cases:
1. 1994 S.R. Bommai v. Union of India:
  1989, S.R. Bommai was CM of Karnataka Janata Dal party. 19 legislators allegedly withdrew support from his government.
  The Governor denied Bommai a chance to prove his majority in the Assembly & President's Rule was imposed under Article 356. Bommai challenged the dismissal of his government in High court then in SC.
  1994, 9 judged bench gave verdict: Arbitrary imposition of President's Rule should go through judicial review, state governments are not subordinate to the centre

Origin & Development of Administrative Law

More check on Legal History

Features of administrative law

1. Judicial review: administrative agencies are held accountable and that their actions are lawful and reasonable
2. Public interest: Administrative law prioritizes the public interest over individual interests
3. Flexible standards: Administrative law uses flexible standards for implementing the law
4. Transfer of power: Involves the transfer of power from the legislature to administrative authorities
5. Procedural formality: Administrative law requires administrative agencies to follow procedural formalities
6. Principles of natural justice: This is ground for judicial review

Conseil d'État

Droit administratif is French term of Administrative law.
Conseil d'État is highest administrative court in France and a key institution in the country's administrative law system

Composition
Made up of top-level legal officers. VP is 9th most important civil servant.

Working
- Advising the government on bills, ordinances, and decrees
- Answering legal questions from the government
- Conducting studies on administrative or public policy issues
- Managing the administrative tribunals and courts of appeal

Doctrines

Rules of Natural Justice

Set of principles that ensure fairness and impartiality in decision-making

Principles of Natural Justice

1. Fair hearing/audi alteram partem: All parties involved in a dispute should have a reasonable opportunity to present their case.
2. No bias/nemo iudex in causa sua: The decision-maker should be impartial and free from bias
Kinds of bias:   a. Personal bias: A judge may have a personal relationship with a party involved in the case(friend, relative)
  b. Pecuniary bias: A judge may have a financial interest in the outcome of the case.
  c. Subject matter bias: A judge may be directly or indirectly involved in the subject matter of the case
  d. Preconceived notion bias: judge may have pre-existing beliefs or opinions
  e. Policy notion bias: A judge may be influenced by preconceived policy notions
3. Reasonable notice: Parties should be given reasonable notice of the decision-making process.
4. Nemo judex in causa sua: No one should be a judge in their own case

Cases on rules on Natural Justice

RS Dass v union of India
Appellants(RS Dass was IAS officer) argued that they should have the right to know the reasons for their non-promotion
SC told for civil service promotions, while seniority is a factor, merit and suitability should be the primary basis
How Principle of Natural Justice applied? right to a fair hearing, are applicable to administrative decisions like promotions,

Exception to rule of natural justice

1. Emergency: When prompt action is needed or may jeopardize the public interest
2. Statutory exclusion: When a statute expressly or by implication precludes the rules of natural justice
3. Impracticality: When it is not practical to hold a hearing or appeal
Cases:
  1. Rradha krishanan v osmania university case: Entire M. B. A. entrance examination was cancelled by the University because of mass copying, the Court held that notice and hearing to all the candidates is not practicable in such situation.
>4. Academic evaluation: When excluding evaluations from academic or administrative authorities
5. Confidentiality: When confidentiality is a consideration
6. Routine matters: When the matter is routine
7. No right infringed: When no right of the person is infringed
8. No fault decision maker: When the decision maker is "no fault"

Reasoned decision or Speaking order

Decision made by an administrative body that clearly outlines the reasons behind their conclusion(Speaking for itself).
Which is considered a key principle of natural justice to ensure fairness and transparency in administrative actions

Cases
1. Maneka gandhi v Union of India
2. 1978. Sunil Batra vs Delhi Administration(helped secure the fundamental rights of prisoners): petitioner was a convict on death row who wrote a letter to a judge alleging that another prisoner was tortured(torture and sexual abuse) by a jail warder. Court appointed amicus curiae(friend of the court, individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight) to visit the prison, meet with the prisoner, and interview witnesses. Amicus curiae found prisoner had sustained serious injuries. The court also ruled that jail authorities could not punish, torture, or discriminate against prisoners without the court's explicit permission or orders.

Importance of Reasoned decision or Speaking order

1. Ensures transparency: allows individuals affected by the decision to understand the basis
2. possibility of administrative authorities acting arbitrarily nullified
3. Fairness:
4. Accountability: Administrative authorities are held accountable for their actions.
5. legal certainty: predictable legal standards

Legislative power of administration / delegated legislation / subordinate legislation.

Process by which the legislature gives the executive the authority to make laws to implement primary legislation Legislature is responsible for making laws for the country, but it may not be practical for them to perform all functions due to the many activities of a welfare state. In such cases, the legislature can delegate the power to make laws to the executive.
Elected leaders monitor government workers to prevent abuse.

Ways to achieve Legislative power of administration
1. Financial control: Elected leaders control the administration provinding fund budget and imposing taxes
2. Appointment control: Legislation approve who becomes top government workers, like governors

How far Legislative power of administration is justified in Indian Constitution
To a limited Extent(through the concept of delegated legislation)
Some powers are given to executive but cannot move away from essential legislative functions.
Key points to consider
  1. Separation of Powers: Constitution aims to maintain a balance between the legislative, executive, and judicial branches
  2. Article 246: Parliament can make laws on matters listed in the Union List.
  3. Article 250: Parliament can make laws on matters in the State List during emergencies.
  4. Ordinance Making Power: The President and Governors can issue ordinances in emergency situations

Cases
1. 1985 k Panduranga v State of AP: AP cateering establishment forced all hoteliers to prepare 7 dishes on which applellant filed case. Court dismissed the forcing law to prepare dishes. Court mentioned you cannot compel person to carry business against his will

Judicial control over delegated legislation

Court can check whether delegated legislation is acting within limits of powers provided.
Ultra vires: Acting beyond the power granted.

Methods of Judicial Review
1. Substantive Ultra Vires: Examine whether work done by delegated legislation aligns with the purpose enabling act.
2. Procedural Ultra Vires: Examining whether the proper procedures were followed
3. Judicial Review: courts can examine and potentially invalidate delegated legislation
4. Excessive Delegation: Assessing whether the act has provided too much law-making power to the executive
5. Retrospective Operation: Delegated legislation should not apply its rules to situations which existed before DL existence
6. Interpretation: Purpose of DL should be clear & aligns with the intent of the enabling act

Legislative control over delegated legislation

Involves scrutinizing delegated laws through dedicated parliamentary committees.

Methods of legislative control over delegated legislation
1. Scrutiny by dedicated committees
2. Laying on the table(F2F discussion with parliament): delegated legislation is presented to the legislature for review and potential debate. Kinds of laying:
  Laying with deffered operations
  Laying without further provision
  Laying with immediate effect
3. Question Hour and Debates: Members of Parliament can raise questions and initiate debates
4. Conditional legislation: specific conditions or parameters that the executive must adhere to when creating delegated legislation
5. Judicial review: courts can review delegated legislation to ensure it aligns with the parent act

Indivisual affected by delegated legislation can:

1. Challenge through Writs: Approach court by filing petitions seeking writs like certiorari, mandamus, or prohibition to challenge its legality
2. Standing to Challenge to get law

Causes of growth of delegated legislation

Growth of delegated legislation refers to the increase in the use of delegated legislation. Causes:
1. Time constraints: Legislatures have limited time to make laws
2. Technical issues: Modern issues are often technical and require expertise that most legislators don't have.
3. Unforeseen emergencies: like pandemics, wars, or economic crises.
4. Experimentation: Delegated legislation allows for flexibility and experimentation to address issues quickly
5. Legislation has more issues to address: employment, health, and education etc

Classification/Types of delegated legislation

Types based on functions
1. Form: classified by its form, such as rules, regulations, orders, bye-laws, directions, and schemes
2. Purpose: enabling acts that give legislative power to outside authorities.
3. Different names to delegated legislation
4. Different powers given to delegate legislation
5. Title based
6. Nature based

Other Types
1. Executive: Rules and regulations created by the executive branch of the government
2. Subordinate: Subordinate authorities(municipal corporations, or panchayats) create laws
3. Statutory Instruments: Govt orders

Constitutionality of delegated legislation

Meaning? Does constitution permits the transfer of rule making authority from the legislature to other agencies

Cases
1. 1959 DS Grewal v State of Punjab: IPS(D.S. Grewal) challenged constitutionality of the All-India Services Act, against act of demotion taken against him. The main question before the Supreme Court was whether the power delegated to the President under the All-India Services Act to frame rules regarding disciplinary actions against IPS officers was constitutionally valid. Court ordered yes President has the power
2. 1954 Harishankar Bagla v. State of MP: Commissioner does not have power to make laws(delegated legislation) on behalf of govt. The court held that essential legislative functions, such as setting policy cannot be delegated to the executive.

Tasks can be delegated, Cannot be delegated

Cannot be delegated
a. Core Functions(Making laws, making legislative policies)
b. Penal Laws(law prescribing a penalty): cannot be delegated
c. Retrospective effect: Cannot make law on past action
d. Monetary & Financial matters
e. Taxation

Can be delegated
Skeleton legislation: Bill contains only template. Delegated bodies need to fill detials later
Judicial deference: Court does not show intrest in changing the legislation
Power of inclusion and exclusion: Include/Exclude specific provisions in delegated legislation Power to modify statutes: Adjust existing law
Abdication test: Test determines whether a legislature has inappropriately transferred its core legislative powers.
Policy and guideline theory: parent act must lay down clear policy principles

Rule-making power of administrative authorities

Power to makes rules by administrative agencies. Power delegated by the legislature.

How its implemented
1. Policy making: Legislatures create broad policy then administrative create more detailed regulations
2. Similar Characteristics:

Classification of rule making powers of administration authorities
1. Make rules to carry out purpose of Act
2. Make rule regarding particular object
3. Extend the law/modification in one or more territories
4. Revoke the law already in force
5. Making laws for taxes
6. Making law during emergencies

Sub-delegation

When a person with delegated power transfers some of that power to another individual or body, allowing them to exercise that authority on their behalf

Objects of sub-delegation
a. Efficiency: Distributing workload and decision-making responsibilities to lower levels within an organization
b. Specialization: Allowing specialized bodies or individuals to handle specific aspects of a delegated task

Validity?
a. if its approved by parent body
b. Can sub-delegation further sub-delegate the task?
c. Accountability: The original delegating authority remains accountable for the actions of the sub-delegate

Administrative Tribunal

These are quasi(not real) judicial bodies that are created by written law passed by legislature and have judicial powers.
Established under Article 323-A of the Constitution of India
Administrative tribunal is a separate court from a district, high, or supreme court & has a specialized jurisdiction focused on administrative matters

Matters heard in Administrative Tribunal
Recruitment, transfers, posting, service conditions etc. Eg: Central Administrative Tribunal (CAT)

Are administrative tribunal recognised in constitution of india
No. The original constitution did not provide any provisions relating to administrative tribunals. It was added through in 1976 in 42nd constitutional amendment(Article 323A).
Keys points:
  Article 323A: Parliament can create them and define their jurisdiction, powers, and procedures
  Central Administrative Tribunal (CAT): this tribunal handles disputes related to central government

Procedure followed in Administrative Tribunal
Tribunal will work on principles of natural justice, will solve case as soon as possible
It can sit in public or private & can regulate its own procedure including the fixing of places and times of its inquiry

Circumstances which necessitate creation of administrative tribunal
a. Reduce court burden
b. Provide speedy relief
c. Resolve complex/Technical disputes
d. Less expensive
e. less formal

Administrative Tribunal vs Court

Writ(written command by court) Jurisdiction of High Court

Art 226. Provides power to high court to issue writs

Scope
High Court can issue writs for the enforcement of fundamental rights or for any other purpose.

Types of Writs (Habeas Corpus)

PIL(Public intrest litigation), Cases where the court allowed PIL
Is PIL challenge to locus standi?
Abuses of PIL
Allowed categories for PIL by Supereme Court

Principles of exercising of writ jurisdiction

1. Alternative remedies: if some other remedies are available, court might not choose writ
2. Factual isse: Remedy would not be granted if there is a factual issue
3. Credentials of Applicant: Court must be satified with data provided by candidate
4. Wednesbury Principle: Court will not intervene until someone breached natual justice
5. Delay and latches: doctrine is used by the courts to deal with an inordinate(unneccessary) delay that occurs in filing a petition or complaint. A party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect

Cases
1. 1964 Bhailal vs State of MP: State govt was imposing more taxes on imported tobacco wrt tobacco grown in MP. Bhailal approached court against this. Court passed order in favour of bhailal.

Contractual liability of government

Means govt liability to breach of contract. It's defined in article 298,299

tortious liability of government

Tortious liability

Terms