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EXECUTIVE ACTION

JUDICIAL ACTION

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LEGISLATIVE
ACTION

DIFFERENCE
BETWEEN
ADMINISTRATIVE
AND LEGISLATIVE
FUNCTIONS

ADMINISTRATIVE FUNCTIONS

LEGISLATIVE FUNCTIONS

Lewisham Bororugh Council

Blackpool Corporation

Vs.,

Vs.,

Roberts (1949) 2 KB 608

Locker (1948)1 KB 349

The Parent Act empowered Minister to

acquire houses for army purposes. The
Minister made an order under his name
and entrusted the work to Lewisham
Borough Council to complete the
formalities to acquire the house of
Roberts.
House of Lords held that it was not
delegation of powers, and the Ministers
order was valid.

The Defence Regulations ,1939,

delegated certain legislative powers to
the Minister of Health. Inturn, he subdelegated the powers to Blackpool
Corporation through a circular to acquire
the houses for army during second world
war.
The Corporation requisitioned Locker to
handover the houses with furniture.
Locker challenged both delegation and
sub-delegation as ultravires.
The Court held that the order of
Corporation was legislative in nature,

Minister made an order to

Lewisham
Minister delegated to
Blackpool
Corporation
Delegated

legislative
powers
The to
Ministers
Defence
Regulation
s Act, 1939

Ministers
delegation to
Corporation
was legislative
in nature

Ministers
mere order to
the Lewisham
was
administrative
in nature

ADMINISTRATIVE FUNCTIONS

LEGISLATIVE FUNCTIONS

The executive has only delegated

legislative powers.

The Parliament has the supreme

legislative powers.

The legislative power of executive is

flexible.

The legislative power of the

parliament is rigid.

The legislation made by executive is

supplement to the supreme
legislation.

The legislature made by Parliament

and State Legislatures always
superior than the administrative
legislation.

Administrator has to give reasons for The legislation need not give
their decisions to the parties
reasons. However, in every Act, the
concerned, and mainly to the higher objects and reasons are explained.
officers.
All administrative actions need not
be published.

All legislations shall necessarily be

published.

DIFFERENCE
BETWEEN
ADMINISTRATIVE
AND QUASIJUDICIAL
FUNCTIONS

ADMINISTRATIVE FUNCTIONS

QUASI-JUDICIAL FUNCTIONS

It decides the matter subjectively

It decides the matter objectively

A.K.Kraipak

State of A.P

Vs.,

Vs.,

UOI

S.M.K. Parasurama Gurukul

AIR 1970 SC 150

In order to determine, whether the
action of the administrative
authority is quasi-judicial or
administrative, one has to see the
nature of power conferred, to whom
it is conferred and its consequences.

AIR 1973 SC 2237

Whether the power of the
government to appoint trustees
under Section 15 of A.P. Charitable
and Hindu Religious Institutions
and Endowments Act, 1966 is a
quasi-judicial or administrative,
The court held the function as quasijudicial, if the opinion is to be formed

ADMINISTRATIVE FUNCTIONS

QUASI-JUDICIAL FUNCTIONS

Granting of mining lease is an

Cancellation, revocation,

administrative function.

suspension, enhancement of cess

or tax etc are the quasi-judicial
functions.

Admission of a student into an

Dismissal of student from the

institution is an administrative
action.

institution is a quasi-judicial
function.

Granting of a license to cinema

Cancellation or suspension of the

theatre is an administrative function license to the cinema theatre is a

quasi-judicial function.

ADMINISTRATIVE FUNCTIONS

QUASI-JUDICIAL FUNCTIONS

An ordinary administrative function

does not require such duty to act
judicially.

If an administrative officer has the

right to act judicially then it becomes
quasi-judicial function.

Purely administrative order does not

require to give reasons.

A quasi-judicial decision should give

reasons.

Case-laws:

Case-laws:

A.K..Kraipak vs., UOI

Menaka Gandhi vs., UOI

Radhey Shyam vs., state of M.P

UOI vs., J.N.Sinha

Ridge vs., Baldwin

Shri Bhagwan vs, Ramchand

DIFFERENCE
BETWEEN JUDICIAL
AND QUASIJUDICIAL
FUNCTIONS

JUDICIAL FUNCTIONS

QUASI-JUDICIAL FUNCTIONS

Lis Inter Partes (a dispute between Lis Inter Partes is not an essential
two parties) is an essential
characteristic feature of judicial
function.

characteristic feature of quasijudicial function. Quasi-lis is an

essential element.

Lis according to Province of

Lord Green, in Johnson vs.,

Bombay vs., Khusaldas Advani

Minister of Health, (1947) 2 All

AIR 1950 SC 222,

E.R. 395 stated Quasi-lis as,

If a statute empowers an
authority..to decide disputes arising
out of a claim made by one party
under a statute which claim is
opposed by another party and to
determine the respective rights of
the contesting parties, who are

Sometimes there may be cases in

which the administrative authority
decides a lis between itself and
another party.

JUDICIAL FUNCTIONS

The doctrines of precedents,

QUASI-JUDICIAL FUNCTIONS

stare decisis shall strictly be

These doctrines are not followed

strictly.

followed.
The court is the real forum of
judicial proceedings.

It has the nature of a Court, but in

reality it is not a Court.

The Rules of Procedure, i.e., Rules The rules of evidence, C.P.C., Cr.P.C.,
etc. are not strictly followed
of Evidence, Civil Procedure Code,
etc are strictly followed.
The Court fee, as per rules, is

The Court fee is not required to be

required to be paid.

paid.

The evidence shall be taken on oath

The evidence is not taken on oath.

JUDICIAL FUNCTIONS

QUASI-JUDICIAL FUNCTIONS

To act judicially according to Rex

To act Quasi- judicially according

vs., Electricity Commissioners (1924)

1 KB 171, means:
Under Judicial action, legal
authority has the duty to determine
questions affecting the rights of
subjects..

to Board of High School vs.,

Ghanshyam, AIR 1962 SC 1110,
means:
Even if the action of a particular
authority is administrative, it may
be required to act judicially. i.e., duty
to act judicially is implicit in the
exercise of such power.

DIFFERENCE
BETWEEN
LEGISLATIVE AND
JUDICIAL
FUNCTIONS

LEGISLATIVE FUNCTIONS

The Parliament or every state

Legislative Assembly makes
the laws.
Law-making is the legislative
function.

JUDICIAL FUNCTIONS

The Supreme court and its

subordinate Courts interpret such
laws.
Interpretation is the judicial
function.

Delegation and sub-delegation are

found only in legislative function.

Judge-made law (precedent) is

Application is the advantage of

legislation. It foresees(looks into the
future) the consequences of certain
wrongs.

Judicial declares and enforces

liabilities as they stand on present
and past facts.

In Prentis vs., Atlantis Coast Line

Co., 53 L Ed 150L 211 US 201(1908)

the creation of judicial function.

LEGISLATIVE FUNCTIONS

JUDICIAL FUNCTIONS

Legislation is a new source of law. Judicial function is also a source of

law, but comes next to the
At the same time, it has a unique

feature, that it can abolish any law legislation. The precedents, which
are the result of judicial function,
or laws which are out-dated.
have only constitutive efficacy.

Legislative function is complete,

certain and systematic.

Judicial function differs from case to

case. It goes into minute things,
whereas legislative function goes
into general ways.

LEGISLATIVE FUNCTIONS

JUDICIAL FUNCTIONS

Legislation is made for future.

Judiciary requires past and

However, in rare cases, laws can be

made enforceable with retrospective
dates.

present.

It creates new rights and

It determines the existing rights

liabilities.

and liabilities. It cannot create new

rights.

Prof. Dickinson analyses: what

distinguishes legislation from
adjudication is that the former
affects the rights of individuals in
the abstract and must be applied in a
further proceeding

While adjudication operates

concretely upon individuals in their
individual capacity.

THANK YOU