ADMINISTRATIVE LAW

Administrative Law

 How administration (government) will use it’s powers

 Limitations on powers of administration (government)
 So that - government (administration) doesn’t misuses it’s powers

Laissez Faire - Allow to do it

i.e. minimum government interference

Fundamental principles of Administrative Law:

 Administration is transparent
 Administration is impartial
 Administration gives reasoned decisions
 Legality of administrative decision
 Effective review of administrative decision

Case - Keshavananda Bharti vs. State of Kerela

Rule of Law as basic structure of the Constitution - Supreme Court

 Rule of Law - No power is above law (not even UOI)

Note: When power and control lies with more than one centre, the opportunity for it to be
misused is reduced.

 Montesquieu’s Theory - Doctrine of Separation of Powers

Principles of Natural Justice:

 Audi Alteram Partem - Nobody should be condemned unheard

i.e. Rule of fair hearing

 Nemo Debet Esse Judex Propria Causa - No one shall be a judge in his own case
i.e. Rule against bias

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 Requirement of speaking reasonable order - Order is reasonable and given in writing

 Doctrine of Proportionality - Punishment awarded must be proportionate to misconduct

Precedents - Past judgments given by court

Doctrine of Stare Decisis - Common Law System

i.e. Principle to follow previous decisions of courts

Ratio Decidendi - Reason of decision i.e. Ground of decision

Obitor Dicta - By the way (judges saying informally)

Per Incuriam - Through lack of care

i.e. Judgment given by the court which is not relevant

Judicial Review - Power of courts (judiciary) to review statutes and government’s action
Note: Constitution is supreme law

Wednesbury’s Principle - Grounds of Judicial Review

 Misuse of power by government

 Non-application of mind on taking action by government
 When principle of Natural Justice is not followed - Judicial Review takes place
 Control of administration through various bodies
i.e. Application of Administrative Law on statutes and government by officers or bodies

Ombudsman - Officer of parliament to supervise administrative government functions

eg. CVC (Chief Vigilance Commission) - Lokpal and Lokayukta

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 Central Vigilance Commissioner - Inquire or Investigate complaint against any official

Note: Reference to inquire or investigate given by - Central Government

Appointed by - President

Recommendation of - PM; Home Affairs Minister; Leader of Opposition in Lok Sabha

Term - 4 years or 65 years age

Functions - Anti Corruption (appointment of CBI)

Regulatory Agency

 Created by legislature
 To regulate functions of statutory bodies
eg. TRAI - Telecom Regulatory Authority of India

Statutory Body

 Created by act of parliament or state legislature

eg. RBI – Reserve Bank of India

Constitutional Body

 Mentioned in constitution
eg. Election Commission of India

Autonomous Bodies

 Self governing body - work on it’s own regulations

 Works outside the authority of the government
eg. CSIR - Council of Scientific and Industrial Research

Lokpal and Lokayuktas Act, 2013 (Anti-Corruption)

 Lokpal - (union)
 Lokayukta – (state)

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 Lokpal

 Appointed by - President
 Recommendation of - PM, Leader of Opposition, CJI, Jurist
 Chairperson - CJI or ex. CJI or Jude of SC or Jurist with 25 years experience
 Members - 8 (maximum)

Procedure for inquiry by Lokpal

 Complaint is received
 Preliminary inquiry to check if there exists prima-facie facts
 Investigation done if prima-facie exists
 Departmental proceedings conducted
 Closure against proceeding and proceed against complaint

Administration Action

 Legislative Action (Rule Making)

 Quasi - Judicial Action
 Administrative Action
 Ministerial Action

Administrative Law
How government should work to maintain transparency in governance

Rule of Law - by Dicey (English Jurist)

 Law is Supreme
 Absence of arbitrariness (separation of power)
 Equality before law or equal protection of all classes

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