Introduction to Administrative Law

In short it can be defined as the body of law that governs and guides government agencies both at the federal level and that of the state. It is not codified, it evolved from court-made rules and changing interpretations over time.

Evolution

The evolution of administrative law may be traced through seminal periods and developments which have shaped its present form. It is in a continuous process of evolution, wherein the challenges arising in globalization, technological changes, and dynamic social expectations strive to strike a balance between good governance and protection of human rights through the universal rule of law.

Feudal and Early Modern Periods:

Administrative law traces its origin back to the feudal structures of medieval Europe, under which sovereigns exercised their administrative powers via local representatives.

Very wide discretionary powers of monarchs were often not constrained by the rule of law and provided the grounding for later debates about administrative power and accountability.

Emergence of the Modern State (16th - 18th Centuries):

During the course of the early modern period, absolute monarchs centralized governance and instituted bureaucracies to run ever-more complex states.

A new system of specialist administrative tribunals developed, which laid the foundation for administrative adjudication, to decide disputes that came out of administrative decisions.

Supremacy of the Rule of Law (18th - 19th Centuries):

Its propounded concepts of natural rights and equality before law, limited power of government, against arbitrary discretionary administration. With an emphasis on the need for well-defined legal rules and processes for administrative actions, legal theorists like Jeremy Bentham and John Austin contributed much in this regard.

19th Century Reforms:

Courts began to assert the right of jurisdiction and claim the power to test administrative actions against legal rules. The United States and France enacted legislation on administrative procedure laws, thereby bringing control on the discretion in the exercise of administrative powers, ensuring procedural due process and procedural fairness.

Early 20th Century Developments:

During this Progressive Era, the U.S. began creating the now-independent regulatory commissions, like the Interstate Commerce Commission and the Food and Drug Administration, that would help them cure social and economic evils. Most countries had legislation on administrative law to be enacted, which would lay down, in a clear and unequivocal manner, the required processes of rulemaking, adjudication, and judicial review.

Mid to Late 20th Century:

In the wake of World War II, many countries expanded administrative apparatus for administering welfare programs and economic regulation; these created a demand for new models in administrative law. Administrative law adapted to the complexities of globalization and international trade, together with the normalization of regulatory standards within regional blocks like the European Union.

Emerging Issues and Developments:

Courts increasingly shape administrative law with far-reaching implications of various provisions of the constitution and human rights. Modern administrative law generally emphasizes the creation of institutions or mechanisms that facilitate accountability, freedom of information legislation, and administrative review procedures.

Improved technology gives way to new and improved strategies of regulation in the realms of cybersecurity, data privacy, and digital governance.

Importance of Administrative Law

Checks and Balances:

It checks excesses on the part of the government by setting the powers and boundaries for administrative agencies, which prevents the misuse of their powers in adherence to the parent legal framework and rules.

-Protection of Individual Rights:

It avails mechanisms through which individuals and entities can challenge administrative decisions that are most likely to infringe on their rights. That persons and organizations whose interests are adversely affected by administrative decisions have procedural safeguards available and avenues of redress open to them, including rights to a fair hearing, access to information, and the ability to contest decisions through appeal or judicial review.

-Transparency and Accountability:

In administrative law, there is a requirement for transparency in administrative proceedings, forcing agencies to provide reasons for decisions and to apply prescribed procedures. The impact here is that it helps to enhance the public's confidence in their actions.

The processes should be transparent, including public notification about proposed rules and the rationales which sustain judgments. It institutes mechanisms for oversight, in a manner courts and other bodies may use to review the legality and fairness of administrative actions.

-Efficiency in Operation:

Administrative law, with its structured rules and procedures, heightens the efficiency of government operations. It requires the production of evidence with substratum and insists on professionalism in decision-making no arbitrary discretion.

-Dispute Resolution:

Administrative law, in addition, offers mechanisms for dispute resolution between individuals, organizations, and public authorities. This is provided through administrative hearings and judicial review; therefore, problems are resolved without necessarily having to go through time consuming and expensive litigation procedures.

-Adaptability to Evolving Needs:

In view of emerging societal challenges and changing circumstances, the administrative law allows adjustments in regulations and policies. This enhances flexibility while upholding legality.

-Facilitation of Economic Development:

Transparent and uniform administrative procedures contribute to a proper business climate and encourage investment. Administrative law offers stability to these regulatory frameworks and therefore underpins sustained economic development.

Global and Comparative Relevance:

Principles of administrative law are relevant to international law and comparative legal studies. They provide the basis for an understanding of the administration in different countries on the one hand and for international cooperation and governance with regard to the harmonization of administrative approaches around the world.

-Maintenance of Rule of Law:

The administrative law, by its imposition of legal and procedural restraints on the activities of administrative agencies, supports and enhances the rule of law. In this fashion, it makes sure that the actions of governments are premised upon law and not upon whim or bias, as in arbitrary decisions a step toward preserving democratic values and faith in the system of justice.

Functions of Administrative Law

-Rule making:

Administrative agencies use rules and regulations to make the legislative mandate operational. These regulations spell out the details required for the effective enforcement and application of broader legislative objectives.

-Adjudication:

Administrative agencies hold hearings and adjudicate disputes between private parties and governmental entities. Such proceedings, although less formal than judicial proceedings, are specialized and assist in quick disposition.

-Enforcement:

The policies and decisions of administrative agencies provide for ensuring obedience to the rules and regulations by an agency through monitoring, investigation, and the imposition of penalties or sanctions in case of an infringement, which makes a legal requirement to be adhered to.

-Policy Implementation:

By administering programs and delivering services, administrative agencies are deeply involved in implementing public policies, such as social welfare activities, conservation of the environment, and public health programs.

-Information Dissemination:

The administrative agencies make information available to the public about rules, entitlements, and procedures, making things transparent and easy to comply with.

Interpretation and Guidance:

The administrative agencies interpret statutes and regulations under their domain and guide various stakeholders about the implications of laws in certain settings and situations.

-Review and Oversight:

It provides for reviewing the actions of the agencies by means such as judicial review by courts, thereby ensuring conformance with legal standards of fairness and procedural fairness.

Sources of Administrative Law

Sources collectively shape administrative law to ensure a balance between governmental authority and accountability, but accommodate variations arising from different legal systems, constitutional frameworks and historical contexts across jurisdictions.

1. Constitutional Law

- Separation of Powers; Constitutions break up certain powers between legislative, executive and judicial branches. Administrative law deals with the limits of executive power vis-a-vis the other two.

- Constitutional provisions concerning fundamental rights ensure the administrative action conforms to the principles of due process, equality, and other such fundamental rights.

-The Constitution of India is the bedrock or the spine of administrative law.

Article 14: It ensures equality before law and prohibits discrimination.

Article 21: It guarantees the right to life and personal liberty and assimilates principles of procedure postulated in Article due to administrative actions.

Article 311: The penalty for civil servants is dismissal, removal, or reduction in rank.

Article 226: Power of High Courts to issue certain writs.

Case Law:

Kesavananda Bharati v. State of Kerala, 1973:

It propounded the basic structure doctrine and limited Parliament's power to amend the Constitution. It made fundamental rights immune to the arbitrariness of administrative action.

Maneka Gandhi v. Union of India, 1978:

It Expanded the ambit of Article 21 to bring in principles of natural justice and procedural fairness in administrative proceedings .

2. Statutory Law :

Legislative enactments delegate powers to the administrative agencies to implement and enforce certain set of regulatory regimes; the statutes identify the extent of administrative powers, procedures, and limitations.

Whereas, the Right to Information Act, 2005, confers access to information available with public authorities and thus tends to ensure transparency and accountability in administrative action.

Procedural rules under jurisdictions: Though often prescribed, which regulate the procedure to be followed by administrative agencies, the making of their decisions, the conduct of hearings, and their relations with the public.

The Administrative Tribunals Act, 1985, provides for the adjudication of disputes relating to recruitment and conditions of service in public services by administrative tribunals.

Case Law:

State of U.P. v. Raj Narain (1975):

It laid stress on the transparency and accountability of administrative actions, thus firmly reiterating principles underlying statutory enactments such as the Right to Information Act.

3. Judicial Precedents:

The Courts interpret statutory and constitutional provisions in cases arising from administrative actions, thus leading to the building up of principles relating to standards of review, procedural fairness and the extent of administrative discretion through judicial review.

The courts, particularly the Supreme Court of India, interpret constitutional and statutory provisions for the development of principles of administrative law.

- Doctrine of Proportionality was laid down in the case of Modern Dental College v. State of Madhya Pradesh, 2016, which makes the administrative actions to be proportionate to what is achieved.

-Principles of Natural Justice was laid down in the cases of A.K.Kraipak v. Union of India, 1969 and Union of India v. J.N. Sinha, 1971, which viewed that fair procedures must be observed in administrative decision-making.

Case Law:

D.K. Basu v. State of West Bengal

It provided for procedures of arrest and detention, and so the procedural safeguards against arbitrary exercise of administrative power.

4. Rules and Regulations of Administrative Agencies:

The rule-making agencies make regulations that carry the force of law and interpret and implement legislation within their purview. Most of such regulations are published in administrative codes and must be based on statutory authority.

Agencies conduct adjudicative proceedings for the settlement of disputes and implementation of rules and regulations that relate to the principles of natural justice, due process and procedural fairness.

The rules and regulations made by the agencies have the motive of interpreting such statutory requirements and their activities that still fall within the rule of statutory authority and principles of the constitution

Case Law:

Doypack Systems Pvt. Ltd. v. Union of India, 1988

It challenged the validity of administrative legislation of Import-Export Policy. It dealt with issues concerning statutory authority and principles of procedural fairness.

5. Executive Orders and Directives:

Issued by the executive, these directives instruct the administrative agencies about the interpretation and enforcement of existing laws, thus influencing administrative practices and policies.

Case Law:

Raj Narain v. Indira Gandhi, 1975,

In this case an executive order issued by the Prime Minister was analyzed by the High Court of Delhi for its legality and compatibility with constitutional principles in a time of immense political controversies.

6. Custom and Practice:

With time, administrative agencies develop customarily followed practices and internal guidelines for their discretionary authority that inform their decisional processes and operational procedures; though not legally binding in nature, still they can influence the working of administrative law.

Case Law:

R.K. Lakshmanan v. State of Tamil Nadu (1996)

The Supreme Court accepted that administrative bodies currently followed a practice whereby seniority and experience could be considered for promotion, even though the rules may not clearly provide or are silent on the subject. The Court thus held that this custom was relevant to promoting fairness and efficiency in public administration.

7. International Law and Treaties:

- International agreements impinge on administrative law only to a very minor extent: for instance, questions of trade, environmental regulation, and human rights, where international norms might become part of a country's domestic legal orders.

International conventions can neither be avowed nor applied in the Indian courts per se unless they get enacted into domestic law. They do affect administrative law in the sphere of human rights and protection of the environment.

Case Law:

Vishaka v. State of Rajasthan (1997)

It drafted guidelines on sexual harassment at the workplace in conformity with international human rights.

8. Academic Publications and Legal Commentaries:

- Legal academicians make their contribution through academic publications and commentaries which shape administrative law-making, judicial decision-making, and legislative reforms.

- Commentaries and publications do not share the force and effect of a statute or judicial precedent. However, as far as persuasive authority is concerned, they would occupy a place amongst the enumerated sources. They add and offer intellectual input to the debate on administrative law and help shape legal thought and law-making.

Case Law:

S.P. Gupta v. Union of India (1982)

The Supreme Court drew support from academic appraisals and legal commentaries arguing over the amplitude and limitations of executive discretion in administrative decision-making. This intellectual debate had gone deep into the judgment by the Court while passing any order regarding any matter of public interest and for ensuring transparency in the administrative process.