Administrative
Law
Prof. (Dr.) Girish R
Professor of Law
What is Administrative Law?
o Law relating to Administration
o Law relating to the control of governmental power.
o Body of general principles which govern the exercise
the powers and duties of public authorities
Development of Administrative Law
o What is Laissez-faire State?-Self help, individualism
o Social Welfare State – Growth of Administrative Law
o Role of the State in India as a Welfare State
Changing Role of Executive
Protector
Provider
Entrepreneur
Regulator/ Economic Controller
Arbitrator
Sources of Administrative Law
1. Precedents-
Re Delhi Laws Act- Delegated Legislation
Constitutionally valid, but essential legislative
functions cannot be delegated to executive
Ridge v. Baldwin, A.K. Kraipak v Union of India -
Principles of Natural Justice required to be
applied in cases of Quasi judicial and
Administrative functions
Thomas Bonham v. College of Physicians,
Cambridge University (Bonham’s Case)- Rule
Against Bias, No man shall be judge in his own
cause-Lord Edward Coke, Nemo judex in Causa
sua Pecuniary Bias
Associated Provincial Picture House Ltd v
Wednesbury Corporation, Lord Greene declared
principle of reasonableness
2. Constitution- Article 14, 19, 21, 32, 136, 141,143, 226, 227,
323 A and B, 308- 323
3. Statutes-
England:
o Rule Publication Act, 1983,
o Statutory Instruments Act, 1946
o Tribunals and Enquiries Act, 1958
o Crown Proceedings Act, 1947
USA:
o Administrative Procedure Act, 1946,
o Federal Tort Claims Act, 1946
India:
o Administrative Tribunals Act, 1985
o The Lokpal Act, 2013
o The General Clauses Act, 1897
o The Right to Information Act, 2005
o The Central Vigilance Commission Act, 2003- Vineet Narain
v Union of India
4. Reports- Committees and Commissions
England
o Select Committee on Statutory Instruments
o Committee on Ministers’ Powers (Donoughmore Committee)
o Committee on Tribunals and Enquiries( Frank’s Committee)
India: Committee on Subordinate Legislation, Law Commission
Reports
Definition of Administrative Law
Robson, Administrative Law in England. “ Administrative Law
should be regarded as the law relating to public
administration in the same way as commercial law, law
relating commerce or land law as the law relating to land”
[Link], Law of the Constitution- Administrative law a portion
of a nation’s legal system which determines the legal status
and liabilities of all State official, which defines the rights
and liabilities private individuals in their dealing with public
officials and which specifies the procedure by which those
rights and liabilities are enforced.
Ivor Jenning, Law and the Constitution- “Administrative
Law is the law relating to administration, it determines
the organization, powers and duties of administrative
authorities”
Griffit and Street, Principles of Administrative Law-
Administrative Law is concerned with three questions:
1. What sort of powers does the administration exercise?
2. What are the limits of those powers?
3. What are the ways in which the administration is kept
within those limits?
[Link], Administrative Law Text- “Administrative Law
is the law concerning powers and procedures of
administrative agencies, including especially the law
governing judicial review of administrative action”
[Link], Administrative Law- “Administrative law is
the law relating to the control of Governmental Power.”
Scope of Administrative Law
To check abuse of Administrative Power
To ensure impartial determination of dispute
To protect from unauthorised encroachment
To ensure the accountability of administration
To see public power justify their action
To ensure that public power is not exercised
against public interest
Constitutional Law and Administrative Law
Hart, Cases and Materials on Administrative Law
Water Shed in Administrative Law
Constitution Administrati
al Law ve Law
Droit Administratif – French Administrative
Law
Article included in 1789 Constitution
o Separation of Powers
o Accountability of Administration
o Declares that judicial functions are distinct and
will always remain separate from administrative
functions, judges in civil courts are not
empowered to decide administrative disputes
Administrative Courts Civil Courts
Counseil d’ Etat
Azzize
(Article 52 of the Constitution of 1789)
Removing of Difficulties
Advisory Jurisdiction
Enlarged the Jurisdiction in all Administrative Matters
Decisions were made as final- No appeal
Counseil d’ Etat
Advisory Wing Judicial Wing
Tribunal des Conflits
o Conflict regarding jurisdictional disputes
between Azizee and Counseil d Etat-
decided by Tribunal des Conflits
o This is a court specially established for
the purpose, consisting of five judges from
the Cour de Cassation (the highest civil
court) and five from the Conseil d’État.
The minister of justice head this court
Based on Article 65 and 74 of the
present Constitution of France
Counseil d’ Etat
8 (7) Regional Cours Administratives d’
Appeal
42 (27) Tribunaux Administratifs
Structure of Courts in Switzerland
Criteria for evaluation Marks
1 Introduction 03
2 Analysis of the topic of research 02
3 Proper use of Cases/ Statutes/Sections 02
Authorities
4 Presentation style, articulation and analysis 02
with objectivity, flow, flair, logic etc
5 Reasoning, criticism, recommendation reform 02
etc.
6 Use of books, articles and other materials. 02
Proper foot- notes and bibliography
7 Conclusion 02
8 Subject knowledge and understanding of the 02
topic
9 Language and communication 01
10 Originality in writing 02