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Semester 3: Administrative Law
Introduction: Definition, Rule of Law, Separation of Powers, Relationship to Constitutional Law
Administrative Law
Introduction
Administrative Law is the body of law that regulates the activities of administrative agencies of government. It involves the rules, regulations, orders, and decisions created by administrative agencies. It governs how these agencies operate, interact with the public, and make decisions.
Definition
Administrative Law encompasses the procedures and rules governing the actions of government agencies. It seeks to ensure transparency, fairness, and accountability in the process of governance.
Rule of Law
The principle of the Rule of Law asserts that everyone is subject to the law, including government entities. In the context of Administrative Law, this means that agencies must operate within the authority granted to them by law and follow legal standards.
Separation of Powers
The Separation of Powers is a constitutional principle that divides government powers into distinct branches: legislative, executive, and judicial. Administrative agencies often sit at the intersection of these branches, exercising executive power while being subject to legislative control and judicial review.
Relationship to Constitutional Law
Administrative Law is closely related to Constitutional Law as it must operate within the framework set by the constitution. Constitutional principles such as due process and equal protection influence how administrative agencies conduct their activities.
Delegated Legislation: Meaning, Types, Constitutionality, Delegation Processes
Delegated Legislation
Delegated legislation refers to laws that are made by an authority other than the legislature, often to fill in the details or administrative aspects of existing legislation. This type of legislation allows the parliament to delegate its legislative powers to various bodies, such as government departments or local authorities, to ensure effective governance and manage the intricacies of regulatory frameworks.
Delegated legislation can be categorized into three primary types: 1. Statutory Instruments: These are rules, regulations, or orders made by an executive authority under the powers conferred by an Act of Parliament. 2. Bye-Laws: These are laws made by local authorities or corporations for the better governance of their jurisdiction. 3. Rules and Regulations: These are specific directives issued by administrative agencies that outline how the provisions of the primary legislation are to be applied.
The constitutionality of delegated legislation is generally accepted within the framework of parliamentary sovereignty. However, it is subject to judicial review to ensure that it does not exceed the powers granted by the originating statute. Courts can strike down delegated laws considered ultra vires, or beyond the authority granted, thereby ensuring compliance with constitutional principles.
The delegation process typically involves a clear authorization from the legislature through primary legislation, outlining the scope of the powers delegated. It may include requirements such as public consultation, adherence to procedural norms, and oversight mechanisms to ensure accountability. The process aims to balance efficiency in governance with the need for legislative control and public accountability.
Control: Parliamentary, Procedural, Judicial Controls at all stages, Abuse of Discretion
Control in Administrative Law
Parliamentary Control
Parliamentary control involves oversight by the legislature of the administrative actions and policies of the executive. It ensures that the executive acts within the framework of law and is accountable to the elected representatives of the people. Mechanisms include parliamentary questions, debates, and committees that scrutinize the actions of government departments.
Procedural Control
Procedural control refers to the adherence to established procedures and rules by administrative bodies in decision-making. This includes ensuring transparency, fairness, and due process in administrative actions. Procedural safeguards protect the rights of individuals against arbitrary actions by officials.
Judicial Control
Judicial control provides a mechanism for review of administrative actions by the courts. It allows individuals to challenge the legality of administrative decisions. Judicial review examines whether the administrative authority acted within its powers and followed proper legal procedures.
Abuse of Discretion
Abuse of discretion occurs when an administrative authority makes a decision that is arbitrary, capricious, or beyond the scope of its delegated powers. It undermines the rule of law and can lead to judicial intervention. Examples include favoritism, ignoring relevant factors, or making decisions based on irrelevant considerations.
Limitations: Non-application of Mind, Locus Standi, General Principles, Ombudsman, Lokpal, Lokayukta
Limitations in Administrative Law
Non-Application of Mind
The principle of non-application of mind refers to instances where authorities fail to consider the necessary facts and circumstances while making decisions. This oversight can lead to arbitrary and unjust outcomes.
Locus Standi
Locus standi pertains to the right or capacity of a party to bring an action or to appear in a court or before an adjudicative body. Limitations on locus standi can restrict access to justice for individuals or groups adversely affected by administrative decisions.
General Principles of Administrative Law
General principles include legality, fairness, and reasonableness. Limitations arise when these principles are not adhered to, leading to abuse of power or discrimination.
Role of Ombudsman
The ombudsman serves as an intermediary between the public and the government. Limitations may occur if the ombudsman lacks the authority to enforce recommendations, thereby hindering accountability.
Lokpal and Lokayukta
While these bodies aim to address corruption, limitations include jurisdictional constraints and procedural delays that can impede prompt action against misconduct.
Administrative Adjudication: Tribunals, Natural Justice, Bias, Fair Hearing, Exceptions
Administrative Adjudication
Overview of Administrative Adjudication
Administrative adjudication refers to the process by which an administrative agency resolves disputes and makes determinations regarding the application of statutes and regulations. It is characterized by informal procedures compared to court proceedings.
Role of Tribunals in Administrative Adjudication
Tribunals serve as specialized bodies established to handle specific types of disputes. They aim to provide a more accessible and efficient means of dispute resolution, often focusing on regulatory matters, licensing, and administrative penalties.
Natural Justice Principles
Natural justice encompasses principles ensuring fairness in decision-making. It typically includes the right to a fair hearing and the rule against bias. These principles aim to protect individuals from arbitrary decisions by administrative authorities.
Bias in Administrative Adjudication
Bias can occur when decision-makers have a personal interest or prejudice that affects their judgment. This undermines the integrity of the adjudicative process and can lead to the invalidation of decisions made.
Fair Hearing Requirements
A fair hearing involves providing individuals with the opportunity to present their case, respond to evidence against them, and access all relevant information. This ensures that decisions are made based on complete and impartial assessments.
Exceptions to Fair Hearing and Natural Justice
Certain exceptions may apply where the strict requirements of natural justice are relaxed. For instance, in cases of national security, public safety, or where delay may cause significant harm, agencies may limit procedural rights.
