Administrative Law is the law related with the administrative functions of the Government and its Departments.The Law involves the study of the following broad topics: Check abuse or detournment of administrative power Ensuring citizens an impartial determination of their disputes by officials Protect citizens from unauthorized encroachment on their rights and interests Make those who exercise public power be accountable to people Contents [hide] 1 History, Evolution, Nature and Trends in Administrative Law 2 Tribunals & Tribunalization 3 Bureaucracy 4 Maladministration 5 Legislative Powers of Administration 6 Administrative Adjudicatory Process 7 Principles of Natural Justice 8 Judicial Control of Administrative Action 9 Administrative discretion and its judicial control 10 Liability for Wrongs 11 Corporations and Public Undertakings 12 Powers of Enquiry and Investigation of the Administration 13 Related Acts 14 Related Rules 15 Related Cases / Recent Cases / Case Law 16 Related Topics History, Evolution, Nature and Trends in Administrative Law Evolution of Administrative Law Doctrine of Separation of Powers (des pouvoirs) Rule of Law and Administrative Law Scope of Administrative Law Source of Administrative Law Transformation from a Laissez Faire State to a Social Welfare State relief.Tribunals have certain unique advantages of the traditional Court system.a special court set up by Government to deal with specific type of cases Advantages of Tribunals . State as a regulator of primary interest State as a provider of services Other functions of modern state . 1988 Ombudsman Ombudsman in England Ombudsman in USA Ombudsman in India Institution of Ombudsman in the States .. Administration as the fourth branch of Government Necessity for delegation of powers on administration Evolution of agencies and procedures for settlement of dispute between individual and administration Regulatory agencies in the United States Relationship between Constitutional Law and Administrative Law Emerging trends in Administrative Law Tribunals & Tribunalization Tribunal . welfare. Prof. Administrative Law is mostly judge-made law and is not contained in any single legislative enactments. Wade define Administrative Law as the 'law related to the control of governmental power'. Conseild' state of France Droit Administratif Tribunalization in England: History of Tribunals in England Tribunalization in India Bureaucracy Bureaucracy with special focus on the India Bureaucratic system Organisation of civil services Powers and functions Disciplinary proceedings Prosecutions under Prevention of Corruption Act Maladministration Prevention of Corruption Act. their constitution function and effectiveness Hearings before legislative committees Judicial control of delegated legislation Doctrine of ultra vires Sub-delegation of legislative powers Administrative Adjudicatory Process Administrative tribunals and other adjudicating authorities their ad-hoc character Central Board of Customs and Excise MRTP Commission ESI Courts Service Tribunals Jurisdiction of administrative tribunal Distinction between Quasi-Judicial Function and administrative functions Legal Representation in Administrative proceedings . circulars and policy statements Legislative control of delegated legislation Laying procedures and their efficacy Committees on delegated legislation . Legislative Powers of Administration Concept of Delegated legislation / Subsidiary legislation Delegation of legislative power Constitutionality of delegated legislation-powers of exclusion and inclusion and power to modify statute Requirements for the validity of delegated legislation Consultation of affected interests and public participation decision-making Publication of delegated legislation Administrative directions. Right to Know and Right to Information Discretion to Disobey Parliamentary Commissioner Lokpal Lokayukta Central Vigilance Commission (CVC) Congressional and Parliamentary Committees. No one can be a judge in his own cause Oral hearing Right to counsel Institutional Decision Exception to the rule of Natural Justice Violation of principles of natural justice Administrative Appeals Council of Tribunals and Inquiries in England U. The general trend is such that judicial review of administrative actions is widened and immunity restricting it is reduced Courts are empowered to take up action for the enforcement of Fundamental Rights Courts as final authority of determine legality of administrative action-problems and perspectives Exhaustion of administrative remedies Laches or unreasonable delay Res judicata says that the matter cannot be raised again. Grounds of Judicial Review of Administrative Action Jurisdictional error / ultra vires Abuse and non exercise of jurisdiction Error apparent on the face of the record . either in the same court or in a different court (of the same level).Principles of Natural Justice Principles of Natural Justice Principles of Natural Justice and India Right to hearing Essentials of hearing process Rule against bias .S. Regulatory Agencies Administrative Procedures Act 1946 Exceptions to the rules of natural justice Violation of principles of natural justice Judicial Control of Administrative Action Judicial Control of Administrative Action is the judicial review of the administration by the courts using principles developed by the courts themselves. clauses that put acts outside judicial review Administrative discretion and its judicial control Administrative discretion Administrative Discretion and Fundamental Rights Abuse of discretion in Administrative Law Administrative discretion and rule of law Male fide exercise of discretion Constitutional imperatives and use of discretionary authority Irrelevant considerations Non-exercise of discretionary power Discretion to prosecute or to withdraw prosecution Limiting Judicial control of Administrative discretion Confining and structuring discretion General discretion . Violation of principles of natural justice Violation of public policy Primary jurisdiction Doctrine of legitimate expectation Doctrine of public accountability Doctrine of proportionality Methods of Judicial Review Statutory appeals Public Interest Litigation Writs Mandamus Certiorari Prohibition Quo Warranto Habeas Corpus Declaratory judgments and injunctions Specific performance and civil suits for compensation Fact-finding commissions Finality Clause . Statutory immunity Contractual liability of government Government privilege in legal proceedings-State Secrets.Committee on Public Undertakings. Torts Claims Act of U. public interest. etc. 1952 Right to Information Act. 2005 Related Acts Judicial Officers Protection Act.S. Estimates Committee.. 1850 . Technical discretion. Control of Statutory Corporations Parliamentary Control Governmental Control Judicial Control Public Control Government Companies Powers of Enquiry and Investigation of the Administration Powers of the Government under Commissions of Inquiry Act. Administrative discrimination Liability for Wrongs Tortuous liability sovereign and non-sovereign functions Crown Proceedings Act of U. Right to information and open government Estoppel and Waiver Corporations and Public Undertakings State Monopoly Remedies against arbitrary action Liability of public and private corporations of Departmental undertakings Legal Remedies Accountability . etc.K. John Bodin. Legislature and Judiciary. Despite this. these three functions are separated and exercised by three separate organs of the Government.e there should not concentration of powers in the hands of any particular institution or agency of the Government. The Rule of Law impacted the Administrative Law of England while the Doctrine of Separation of Powers impacted the Administrative Law of the Untied States.Executive. i.to act according to his discretion for the public good. the King has a power called Prerogative . Separation of powers and the supremacy of Judiciary during the 1700 has made the King subject to the law as made by the Parliament or the Courts. . in a free democracy. History The history of the doctrine traces back to the days of Plato and Aristotle. without the prescription of law.Related Rules Andhra Pradesh Administrative Tribunal Rules of Practice. Doctrine of Separation of Powers or des pouvoirs means that one person or body of persons should not exercise all the three forms of power of the governance . Locke and Montesquieu further enhanced it in modern times. 1995 Administrative Law evolved as a bye-product of the public law because of the growing socioeconomic functions and increasing power of the Government. The Judiciary should be independent of Executive and Legislation The Doctrine says that. The Legislature should be concerned with the making law but not in its implementation / administering it The Administration (Executive) should not control the legislature nor should it over take the justice system because doing so it might lead to arbitrary and capricious justice. The State changed from being a police state exercising sovereign functions into a welfare state seeking security and welfare of the common public. This branch of law has seen immense growth during the 20th century because of the drastic changes in the role and functions of the State. Soon after Locke's Treatise of British Judiciary. The King always has Royal Prerogatives that can be used for the public good. the three powers of government are: Making the laws Carrying out (executing) the laws Manage foreign and military affairs According to him. the first should be separate from the other two but the latter should be headed by one and the same organ . the King was confined to Locke's federative power and barred from both making and applying law. Continuous Executive Power: All the powers of executive and judiciary Federative Power: Power to conduct foreign affairs According to Locke.the King.Locke differentiated between what he called: Discontinuous Legislative Power: Time to time interference in general rule making power and not continuous. Sir Coke said that the King is under God and the Law and that the Law is supreme over executive. Montesquieu on the Doctrine Division of power into: General Legislative Power Two-kinds of Executive Power Executive power similar to Locke's federative power Civil Law executive power that includes executive and judiciary power Rule of Law The concept was introduced by Chief Justice Sir Edward Coke during the James I rule. This was followed by Montesquieu's Spirit of Laws (1748). . Justice is still the King's subject. The Constitution is a consequence (and not the source) of the rights of the individuals. A V Dicey stated three principles to the term 'Rule of Law'. . 1. and by nothing else. Wade: Government is a subject of the Rule of Law. freedom from arrest etc. Law is the absolute supreme and predominant as opposed to influence of arbitrary power or discretionary power. Predominance of of Legal spirit Rights (such as right to personal liberty. Predominance of of Legal spirit The Rule of Law impacted the Administrative Law of England while the Doctrine of Separation of Powers impacted the Administrative Law of the Untied States. Supremacy of Law 'Supremacy of Law' is the central and most characteristic feature of Common Law. The rights are a result of court judgements rather than from being enshrined in the Constitution.) are the result of judicial decisions in England. rather than the law being a subject of the Government.The term 'Rule of Law' was derived from the French phrase la principe de legalite (the principle of legality) The principles of Cole are developed by Dicey and are written in his book Law and the Constitution (1885). There is no need for extraordinary tribunals or special courts to deal with cases of Government and its servants (such as the one seen in Droit Administratif). Dicey accepted that administrative authorities are exercising 'judicial' functions though they are not 'courts'. All people should be subject to one and the same law. Lord Denning: "Our English law does not allow a public officer to shelter behind a driot administratif. English men are ruled by the Rule of Law and law alone. Equality before Law There must be equality before law or equal subjection of all classes to the ordinary law. Equality before Law 3. Of course. A man can be punished by rule of law. Supremacy of Law 2. 'Rule of Law' is seen more as a concept of rights of citizens. Constitutional Provisions Article 21 of Constitution of India: Protection of life and personal liberty . He failed to distinguish between 'arbitrary powers' to 'discretionary powers'. He misunderstood the real nature of droit administratif which was successful in France. Helped for the recognition and the growth of the concept of administrative law. Became a yard stick to test administrative actions. Mere incorporation in a written constitution is of no use in the absence of effective remedies of protection and enforcement. Disadvantages of Dicey thesis Dicey thesis was not completely accepted even in his era. Modern Concept of Rule of Law Today. there was a long list of statutes which permitted the exercise of discretionary powers of the Crown which could not be called to the Court. Accepted in almost all countries outside the Communist. Dicey instead of not just disallowing arbitrary powers has also insisted that administrative authorities should not be given discretionary powers. AIR 1973 SC 1461: Conformity to the Rule of Law does not mean fairness. Thus. Related Cases / Recent Cases / Case Law Keshavananda Bharati v Union of India. Even at this time. Advantages of Dicey thesis Helped to make administrative authorities confine to their limits. Courts are the guarantors of the liberty Rights would be secured more adequately if they were enforceable in courts rather than just being written in the Constitutional document. Thus. It is also known as 'secondary legislation' or 'subordinate legislation'. . It gives a brief details about the mechanism and the administrative powers granted to various authorities. Delegated legislation is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation. It is limited to the powers of adjudication or rule-making power of the authorities. It is now firmly established that Excessive delegation is unconstitutional. Injunction etc. Generally.the Rule-making power of the authorities (In Administrative Law.Scope of Administrative Law Administrative Law as a law is limited to concerning powers and procedures of administrative agencies. it is limited to: Establishment. Procedural guarantees such as the application of principles of Natural Justice Government liability in tort Public corporations Sources of Administrative Law Constitution The Constitution is the creator of various several administrative bodies and agencies. organization and powers of various administrative bodies Delegated legislation . delegation of legislation is necessary because the law can by an expert or a local body which has a better understanding. knowledge and expertise than the Legislature. It is law made by a person or body other than the legislature but with the legislature's authority.) Judicial functions of administrative agencies such as tribunals Remedies available such as Writs. Ordinances. Administrative directions. Judicial decisions Judicial decisions or judge-made law have been responsible for laying down several new principles related to administrative actions. they control the powers. circulars etc. Tribunals Tribunalization in India is done in order to implement Administrative Law in India. They increased the accountability of administrative actions and acted as an anchor between the notifications. The necessity of establishing administrative tribunals was recommended by the Swaran Singh Committee appointed by the Parliament. Circulars etc. . Tribunal is: a body of administrative character powered with judicial powers to adjudicate on question of law or fact that affects rights of citizens has judicial or a quasi-judicial functions work in a judicial manner Since tribunals follow the principles of natural justice. to be linked and complied directly or indirectly with the constitutional or statutory provisions. In some cases. 1872 that is commonly followed in Courts. notifications and circulars provide additional powers by a higher authority to a lower authority. Notifications.Acts and Statutes Acts and Statutes passed by legislature are important sources of administrative law because they elaborately detail the powers. Ordinances are issued by the President (at Union / Federal level) and Governor (at State level) and are valid for a particular period of time. they do not follow the Indian Evidence Act. These ordinances give additional powers to administrators in order to meet urgent needs. functions and modes of control of several administrative bodies. even Departmental bodies also can be classified as Tribunals Tribunals constituted under Article 323A and 323B and having constitutional origin and enjoy the powers and status of a High Court Partial List of Tribunals in India Industrial Tribunals set up under Industrial Disputes Act. 1947 Railway Rates Tribunals set up under Indian Railways Act. Tribunals under Article 136 in which the authority exercises inherent judicial powers of the State Because the functions of the body are considered important over the control. . whether as part and parcel of the Department or otherwise Administrative adjudicatory bodies which are outside the control of the Department involved in the dispute and hence decide disputes like a judge free from judicial bias Example: The Income Tax Appellate Tribunal is under the Ministry of Law and not under Ministry of Finance. composition and procedure. Excise and Gold (Control) Appellate Tribunal Partial List of Authorities who are not tribunals Customs Officer Conciliation Officer Domestic Tribunal Military Tribunal Private Arbitrator Legislative Assembly Registrar acting as a Taxing officer Zonal Manager of Life Insurance Corporation of India Advisory Board under Preventive Detention Laws State Government exercising its power to make a reference under the Industrial Dispute Act. 1961 Court of Survey set up under Merchant Shipping Act.Categories of Tribunals in India There are four categories of tribunals in India: Administrative bodies exercising quasi-judicial functions. 1958 Telecom Dispute Settlement Appellate Tribunal Customs. 1890 Income Tax Appellate Tribunal set up under Income-Tax Act. AIR 1980 AP 149: The Andhra Pradesh High Court held that in the absence of any statutory provisions.an affirmation by one party and denial by the other The dispute involved decision on the rights and obligations of parties The authority is called upon to decide it Harinagar Sugar Mills vs Shyam Sunder Jhunjhunwala. AIR 1954 SC 520: Supreme Court of India said that the expression 'tribunal' according to Article 136 does not mean something as 'court' but includes within it. AIR 1997 SC 1125: In regard to tribunals. P Satyanarayana vs Land Reforms Tribunal. . ACC vs PN N Sharma. Indore. Kihoto Hollohan vs Sri Zachillu.Related Case / Recent Cases / Case Law Durga Shankar Mehta Vs Raghuaj Singh. all adjudicating bodies. AIR 1980 Kant 53: Karnataka High Court held the State Government cannot suspend the working of a tribunal. AIR 1977 SC 2155: Election Commission of India is a tribunal as it was setup by the Constitution and it was empowered with adjudicating powers along with administrative powers. the terms Court and Tribunal means two different things. Indore vs Bank of India. Mallappa Murigeppa Sajjan vs State. AIR 1965 SC 1595: Tribunal has some. APHL Conference. Rule 1 of CPC. provided they are constituted by State and are given judicial powers as distinguished from administrative or legislative functions. AIR 1961 SC 1669: According to the Article 136. (1987) 1 Scale 338: Referring to its earlier decision in Harinagar Sugar Mills vs Shyam Sunder Jhunjhunwala. AIR 1961 SC 1669. Shillong Vs W A Sangma. the Supreme Court has given a set of points to test to determine whether an authority exercising adjudicatory powers is a tribunal or not: There is a lis . AIR 1950 SC 520: Supreme Court has laid down certain characters that a tribunal should possess. 11 (2005) BC 534 (MP) Provisions of Order 47. Ankit Steel. apply to cases decided by Tribunal and Appellate Tribunal Appellate Tribunal are to entertain review application like civil courts. the Supreme Court of India held that the clause of Article 323A that excludes the jurisdiction of High Courts and Supreme Court under Articles 226 / 227 and 32 of the Constitution is unconstitutional. Article 226 and Article 227 of the Constitution of India. but not all. a tribunal cannot review its own decision. tapping powers of the Court L Chandra Kumar vs Union of India. Bharat Bank Vs Employees of Bharat Bank.