Introduction:
Administrative law is that branch of law that deals with powers, functions and responsibilities of various organ of the state. There is no single universal definition of administrative law’ because it means different things to different theorists, The ambit of administration is wide and embraces following elements within its ambiti-
1. It makes policies,
2. It executes, administers, and adjudicates the law
3. It exercises legislative powers and issues rules, bye-laws, and orders of a general nature.
Principal Sources:
1.Constitution of India: It is the primary source of administrative law. Article 73 of the Constitution provides that the executive power of the Union shall extend to matters with respect to which the Parliament has power to make laws Similar powers are provided to States under Article 62. Indian Constitution has not recognized the doctrine of separation of powers in its absolute rigidity. The Constitution also envisages tribunals, public sector and government liability which are important aspects of administrative law.
2. Acts/ Statutes: Acts passed by the central and state governments for the maintenance of peace and order, tax collection, economic and social growth empower the administrative organs to carry on various tasks necessary for it. These Acts list the responsibilities of the administration, limit their power in certain respects and provide for grievance redressal mechanism for the people affected by the administrative action.
3. Ordinances, Administrative directions, notifications, and Circulars: Ordinances are issued when there are unforeseen developments and the legislature is not in session and therefore cannot make laws. The ordinances allow the administration to take necessary steps to deal with such developments. Administrative directions, notifications and circulars are issued by the executive in the exercise of power granted under various Acts.
4. Judicial decisions: Judiciary is the final arbiter in case of any dispute between various wings of government or between the citizen and the administration. In India, we have the supremacy of Constitution and the Supreme Court is vested with the authority to interpret it. The courts through their various decisions on the exercise of power by the administration, the liability of the government in case of breach of contract or tortuous acts of Governments servants lay down administrative law which guide their future conduct.
Modes of Judicial control:
Constitutional: The Constitution of India is supreme and all the organs of state derive their existence from it. Indian Constitution expressly provides for judicial review. Consequently, an Act passed by the legislature is require to be in conformity with the requirements of the Constitution and it is for the judiciary to decide whether or not that Act is in conform- ity with the Constitutional requirements. If it is found in violation of the Constitutional provisions the Court has to declare it unconstitutional and therefore, void. The limits laid down by the Headings, Constitution may be express or implied. Articles 13, 245 and 246, etc. provide the express limits of the Constitution.
Statutory: The method of statutory review can be divided into two parts: (1) Statutory appeals: There are some Acts, which provide for an appeal from statutory tribunal to the High Court on point of law. e.g. Section 30 Workmen’s Com- pensation Act, 1923. (ii) Reference to the High Court or statement of case: There are sev- eral statutes, which provide for a reference or statement of case by an administrative tribunal to the High Court. Under Section 256 of the Income-tax Act, 1961 where an application is made to the Tribunal by the assessee and the Tribunal refuses to state the case the assessee may apply to the High Court and if the High Court is not satisfied about the correctness of the decision of the Tribunal, it can require the Tribunal to state the case and refer it to the Court.
Ordinary: Apart from the remedies as discuss above there are certain ordinary remedies, which are available to person against the administration, the ordinary courts in exercise of the power provide the ordinary remedies under the ordinary law against the administrative authorities. These remedies are also called equitable remedies.
Principal of natural justice:
- Rules against bias
- Pecuniary bias
- Personal bias
- Subject matter bias
Right to notice, right to present case and evidence, right to rebut adverse evidence, cross-examination, legal representation, disclosure of evidence, speaking orders.
Exceptions to Natural Justice:
- Statutory Exclusion
- Emergency
- Interim disciplinary action
- Academic evaluation
- Impracticability
Case laws:
Related to personal bias in principal of natural justice –
Mineral Development Ltd. V. State of Bihar: In this case, the petitioner company was owned by Raja Kamakhya Narain Singh, who was a lessee for 99 years of 3026 villages, situated in Bihar, for purposes of exploiting mica from them. The Minister of Revenue acting under Bihar Mica Act cancelled his license because Raja Kamakhya Narain Singh, had opposed the minister in general election of 1952 and the minister had filed a criminal case under section 500, Indian Penal Code, against him. Since the personal rivalry between the owner of the petitioner’s company and the minister concerned was established, the cancellation order became vitiated in law.
Related to exceptions in natural justice –
In Maneka Gandhi v. Union of India (AIR 1978 SC 597) the Supreme Court observed that a passport may be impounded in public interest without compliance with the principles of natural justice but as soon as the order impounding the passport has been made, an opportunity of post EP-J1&GL decisional hearing, remedial in aim, should be given to the person concerned. In the case, it has also been held that “public interest” is a justiciable issue and the determination of administrative authority on it is not final.
Conclusion:
Therefore the goal of administrative law is to ensure that the individual is not at receiving end of state’s administrative power and in cases where the individual is aggrieved by any action of the administration, he or she can get it redressed.
This article is written by Saniya Lanjekar.
