Administrative Law: Nature and Scope

Administrative law is that branch of public law which deals with the organisation, powers, and procedures of administrative authorities, and the legal remedies available to persons adversely affected by public administration. It governs the relationship between individuals and the State in the exercise of governmental power.

Key definitions:

• H.W.R. Wade: "The law relating to the control of governmental power"

• Garner: "That branch of public law concerned with the composition, powers and duties of administrative authorities"

• Ivor Jennings: "The law relating to the administration — determines the organisation, powers and duties of administrative authorities"

• K.C. Davis (USA): "Deals with powers and procedures of administrative agencies, including especially judicial review of administrative action"

The growth of administrative law is directly linked to the transition from a laissez-faire (minimal government) state to a welfare state. Key reasons:

• Welfare State concept: State regulates health, education, housing, environment, labour

• Complexity of modern society: Parliament cannot foresee every situation; delegated legislation fills the gap

• Need for technical expertise: Regulatory bodies (SEBI, TRAI, RBI) require specialist knowledge courts lack

• Speed and flexibility: Administrative adjudication is faster than courts

• Parliamentary time constraints: Parliament cannot deal with all regulatory minutiae

A.V. Dicey opposed administrative law because he believed it violated the Rule of Law — it created a separate system of law for government officials. Dicey saw the French Droit Administratif system (Conseil d'État) as contrary to English principles of equality before law.

Dicey's three meanings of Rule of Law:

1. Supremacy of law — no man punished except for breach of established ordinary law

2. Equality before the law — every man, including officials, subject to ordinary courts

3. Constitution as consequence of rights declared by ordinary courts

Dicey was later criticised by Ivor Jennings, W.A. Robson, and H.W.R. Wade who showed that French Droit Administratif actually provides MORE protection to citizens against the State than Dicey acknowledged, and that the English common law too has developed substantial administrative law.

Rule of Law is a basic feature of the Indian Constitution (Kesavananda Bharati, 1973; Indira Nehru Gandhi v. Raj Narain, 1975). Constitutional pillars of Rule of Law in India:

• Article 13: No law can violate Fundamental Rights

• Article 14: Equal protection of laws

• Article 21: Procedure must be just, fair, and reasonable (Maneka Gandhi, 1978)

• Articles 32 and 226: Judicial review enforces Rule of Law

• Independence of judiciary (basic structure)

India does not have strict Montesquieu-style separation but a functional separation with checks and balances. Ram Jawaya Kapur v. State of Punjab (1955): Indian Constitution does not adopt strict separation of powers but contemplates a system of checks and balances. The judiciary is the watchdog — reviews legislative and executive action.

Legislation made by executive or administrative bodies under authority delegated by Parliament. Justified by: technical nature of subjects, parliamentary time constraints, need for flexibility, local expertise.

Types: Rules, Regulations, Bye-laws, Notifications, Schemes.

Controls:

1. Parliamentary control: Laying procedure (affirmative or negative resolution); Committee on Subordinate Legislation in both Houses

2. Judicial control: Courts strike down if ultra vires, violates FRs, procedurally defective, or unreasonable

3. Procedural controls: Mandatory consultation, public notice, publication in Official Gazette

Limits on Delegation — Delhi Laws Act Case (1951): Parliament cannot delegate the 'essential legislative function' — must lay down policy. Details of implementation only can be delegated. Excessive delegation (abdication of legislative function) is unconstitutional. Sub-delegation requires express or implied permission (delegatus non potest delegare).

D.C. Wadhwa v. State of Bihar (1987): Repeated repromulgation of Ordinances without bringing them before the Legislature is a fraud on the Constitution — misuse of delegated legislative power.

Ombudsman concept originated in Sweden (1809) — an independent official appointed by Parliament to investigate complaints against government officials. India's equivalent: Lokpal (Union level) and Lokayukta (State level).

Lokpal and Lokayuktas Act, 2013:

• Jurisdiction: PM (with restrictions), Ministers, MPs, Group A/B/C/D government servants, and certain NGOs

• Chairperson: Former CJI or SC judge or eminent person with 25+ years' experience

• First Lokpal: Justice Pinaki Chandra Ghose (appointed 2019)

• Complaints against PM excluded if related to external affairs, security, public order