ADMINISTRATIVE LAW

INTRODUCTION

The expression "Administrative Law" may mean two different things, namely,

(a) law relating to administration, and

(b) law made by the administration.

The latter would itself be of two kinds. Firstly, it may be rules, regulations, orders, schemes, bye-
laws, etc., made by the administrative authorities on whom power to make such subordinate
legislation is conferred by a statute. This may be called rule-making. Secondly, certain
administrative authorities have power to decide questions of law and/ or fact affecting particular
person or persons generally, i.e., adjudication. Most of such powers are exercised quasi-
judicially.

With the abandonment of laissez faire and advent of modern philosophy of a "welfare" state, the
administrative organ in almost all the democratic countries is performing large variety of
functions.

The main task of the administrative organ is no longer merely policing and defence. It has
expanded to regulatory and managerial functions.

Law in a modern state is divisible into public law and private law. The latter concerns the legal
relations of individuals or groups of individuals or associations while the former deals with the
relations between the states on the one hand and the individual or groups of individuals or
associations on the other hand.

Definition

Ivor Jennings - ‘Administrative Law is the law relating to the administration. It determines the
organization, powers and duties of the administrative authorities.’

Administrative law determines the organisation powers and functions of the Administrative
authorities. (Wade & Philips). It includes the matters relating to civil services, public
departments, public corporations, local authorities and other statutory bodies exercising quasi-
Judicial functions and the law governing Judicial review of administrative actions.

For our purposes, we may define administrative law as that branch of public law which deals
with the organisation and powers 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.

Nature & Scope :

In Administrative Law, "Administration" is used in its broadest possible sense and covers within
its reach
(1) all executive actions, its programmes and policies;
(2) all administrative aspects of Parliament and judiciary;
(3) all actions of State like actors (agency and instrumentality of State);
(4) all actions of non-State actors (private entities) exercising public functions.

Under welfare state, there is a tremendous increase in state activities in keeping with the
technological & scientific developments. Administrative law is a law, but it is not a law in the
lawyer's sense of the term but it is a law in the realist's sense of the term which includes statute
law, administrative rule-making, precedents, customs, administrative directions, etc. It also
includes the study of something which may not be termed "law" in the true sense of the term
such as administrative circulars, policy statements, memoranda and resolutions, etc. Besides this,
it includes within its study "higher law" as well, like the principles of natural justice. However,
in India, administrative law, basically and wholly, remains a judge-made law and, thus, suffers
from "the frailties and benefits from the strengths of judicial law-making.
Administrative law concerns itself with the official action which may be:

1. rule-making or quasi-legislative action

2. rule decision or quasi-judicial action

3. rule application or quasi administrative action or

4. ministerial or pure administrative action

Reasons For Expansion Of Administrative Law /Advantages

★ Change in the Concept of Government

Sources of Administrative Law

★Constitution
★ Statutes
★ Ordinances
★ Delegated Legislation
★ Case Laws
★ Reports of Committees & Law Commission
★ Administrative Quasi- Legislation

Administrative Law and Constitution

Both are concerned with functions of the Government and are part of public law in the modern
State and the sources of both are the same and they are thus inter-related and complementary to
each other belonging to one and the same family

According to Maitland, while constitutional law deals with structure and the broader rules which
regulate the functions, the details of the functions are left to administrative law.

According to Hood Phillips, “Constitutional law is concerned with the organization and
functions of Government at rest whilst administrative law is concerned with that organization
and those functions in motion.

While constitutional law deals with the general principles relating to the organization and power
of the legislature, executive and judiciary and their functions inter se and towards the citizen,
administrative law is that part of constitutional law which deals in detail with the powers and
functions of the administrative authorities, including civil services, public departments, local
authorities and other statutory bodies.

The relationship between constitutional and administrative law is not clearly marked out but the
fact remains the two laws overlap in several aspects. There exists a relationship which is
fundamental to both.
The separate existence of administrative law has never been disputed, however if one were to
represent the two branches of law in a venn diagram, there would a common area known as the
watershed area in administrative law.

DRIOT ADMINISTARTIF

 It is a body of rules which determine the organization, powers and duties of public
administration and regulate the relation of the administration with the citizen of the country.

 Independence of the administration from judicial control. The ordinary court cannot exercise
control over administrative functioning.

 Administrative tribunals supervise administrative functioning.

 It does not represent the rules and principles enacted by the Parliament but the rules are
developed by the administrative courts.

 It regulates the relationship between Public servant and citizens, public servant and public
servant, public servant and government.

Concept of Droit Administratif :

Conseil du Roi: This body give advice to King in legal and administrative matters. They also
discharged judicial functions apart from executive powers wherein it decided disputes between
great nobles.

Conseil d'Etat: Napoleon Bonaparte, he emphasized freedom for the administration actions. He
wanted an institution that can give relief to the people against the excesses of the administration.
In 1799, Counsel d’état was established. He is considered as father of Droit Administratif. It was
for resolving difficulties occurring in the course of the administration. Later on it started
exercising judicial powers in matters involving administration.

Arrets Blanco: A girl, Agnes Blanco was run over and injured by a wagon from state run
tobacco factory and her father took legal action against worker of factory as well as state. The
question raised- Which is the authority either judicial or administrative authority has the
competence to hear the matter? It was held that State is liable for the faults committed by its
agents and the administrative authority is alone competent to hear it and this judgment settled
that in all matters involving administration, the jurisdiction of the Conseil d’état would be final.

The questions of administrative liability comes within the jurisdiction of administrative courts
and the liability would was subject to special rules different from those of civil law.

Tribunal des Conflicts: It decides whether a matter should go before the ordinary courts or
tribunals. It has judges and civil servants in equal numbers with the Minister of Justice as the
president. When the members of the tribunal are equally then he enters.

Rules in Droit Administratif

It does not involve in it the rules laid down by the French Parliament, it consist of rules
developed by the judges of the administrative courts. It includes three series of rules:

1. Rules dealing with administrative authorities and officials: Appointment, dismissal,

2. Rules dealing with the operation of public services to meet the needs of citizens:: Public
officials or under their supervision or private agencies.

3. Rules dealing with administrative adjudication