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DEFINITION OF

ADMINISTRATIVE LAW

DEEPA MANICKAM
Administrative Law defies definition, because it is
impossible to attempt any precise definition of
administrative law which can cover the entire
range of administrative process.
Law Commission of India rightly observed,
the executive in a belief in its monopoly of wisdom
and its zeal for administrative efficiency, overstep the
bounds of its power and spread its tentacles into its
domains where the citizen should be free to enjoy the
liberty guaranteed to him by the constitution
A student of Administrative law is not
concerned with how a Minister is appointed but
only with how a Minister discharges his
functions in relation to an individual or a group
DEFINITION OF ADMINISTRATIVE LAW
SIR IVOR JENNINGS
-British Lawyer
Administrative law is the law relating to
administration which determines the
organization, powers and duties of
administrative authorities.
CRITICISM ON JENNINGS DEFINITION

His definition left control mechanism


untouched.
A.V.DICEY
-British Jurist
The portion of a nations legal system which
determines the legal status and
liabilities of all State officials, which
defines the rights and liabilities of
private individuals in their dealings with public
officials, and which specifies the procedure by
which those rights and liabilities are enforced.
CRITICISM ON DICEYS DEFINITION

As Dicey was obsessed with the French Droit


Administratif, he mainly concentrated on
judicial remedies against public officials.
His definition excludes the other aspect of
administrative law.
KENNETH CULP DAVIS
-American Educator
Administrative law is the law
concerning the powers and
procedures of administrative agencies, including
especially the law governing judicial review of
administrative action
CRITICISM ON DAVIS DEFINITION

Davis definition includes the study of


administrative rule-making and rule-
adjudication but excludes rule application.
JAMES O. FREEDMAN
-American Educator
Administrative Law is concerned with
the legitimacy of administrative
process rather than the legitimacy of
judicial review of administrative
action.
CRITICISM ON FREEDMANS DEFINITION

It lacks in control mechanism i.e., checks and


balances to the arbitrary actions taken by the
administrative authorities.
PROF. UPENDRA BAXI
- - Indian Legal Scholar

Administrative law is a study of


the pathology of power in a
developing society.
- - Protection of little man from

- the arbitrary exercise of public power.


Thus, administrative law as a branch of public
law which deals with the organization and
power of administrative and quasi-
administrative agencies and prescribes
principles and rules by which an official action
is reached and reviewed in relation to individual
liberty and freedom.
ADMINISTRATIVE LAW IS TO FIND OUT
Prof. Griffith and Street, has pointed out that
the operation and control of administrative
authorities being the chief purpose of
administrative law, deals with the following
enquiries:
(a) Who are administrative authorities?
(b) What are the limits of those powers?
(c) What are the ways in which the
administration is kept within those limits?
(d). What are the procedures followed by
administrative authorities in the exercise of the
powers of the administration?
(e). What sort of powers does the
administration exercise?
(f) What remedies are available to the
individual against the illegal action of the
administration?
DIFFERENCE BETWEEN
CONSTITUTIONAL LAW AND
ADMINISTRATIVE LAW
CONSTITUTIONAL LAW ADMINISTRATIVE LAW

Constitutional Law is Genus Administrative Law is a species


of the Constitutional Law

According to Holland, According to Holland,


Constitutional law describes Administrative law describes
the various organs of them in motion
Government at rest

According to Jennings, According to Jennings,


Constitutional Law deals with Administrative Law deals with
the general principles relating the organization, functions,
to the organization and powers of administrative
powers of various organs of authorities.
the State and their mutual
relationship and relationship
of these organs with the
CONSTITUTIONAL LAW ADMINISTRATIVE LAW

Constitutional Law deals with Administrative Law deals with


the rights the Public needs

Constitutional Law deals with Administrative Law deals with


the general principles the powers and functions of
pertaining to all branches administrative authorities,
including the civil servants, public
departments, local authorities
and other statutory bodies
exercising administrative powers
and quasi- judicial powers.

Constitutional Law is the Administrative Law is the


theoretical one practical and functional one.
Whatever may be the differences , the fact
remains that today administrative law is
recognized as a separate, independent branch
of the legal discipline.
Administrative Law has the duty to keep the
Governmental powers within their legal bounds
i.e., in control.
Thank You

DEEPA MANICKAM