Discuss the nature, scope and functions of the Administrative Law alongwith a suitable definition

Definition : Administrative law is a complex and multifaceted field with varying definitions. While some argue it is a
government-controlled law aimed at protecting individual rights, others emphasize rules to ensure efficient
administration. Others emphasize the primary objective of administrative law as ensuring governmental
accountability and promoting participation from interested parties in decision-making processes.

English approach to administrative law

According to Dicey's formulation "Administrative law relates to that portion of a nation's legal system which
determines the legal status and liabilities of all State officials; which defines the rights and liabilities of private
individuals in their dealings with officials and specifies the procedure by which those rights and liabilities are
enforced." Dicey did not recognize the independent existence of administrative law.

Dicey's focus on the French "Droit administratif" led to a narrow and restricted definition of administrative
law, focusing mainly on judicial remedies against State officials. This definition excluded other aspects of
administrative law, such as the control and regulation of public officials, officers of public corporations, and the
workings of administrative agencies, their powers, functions, and control by Parliament.

According to Jennings, "Administrative law is the law relating to the administration. It determines the organisation,
powers and duties of administrative authorities." This formulation of Jennings is too broad and general as it does not
distinguish administrative law from constitutional law. He lays entire emphasis on the organisation, powers and
duties to the exclusion of the manner of their exercise. Administrative law is not much concerned with the
organisation but is mainly concerned as to how the authority discharges its functions in relation to affected persons.
His formulation leaves many aspects of administrative law untouched especially the control mechanism.

Prof Griffith and Street criticized this formulation as: (1) it excludes the manner of the exercise of powers and duties
by the administrative authorities i.e., the procedure adopted/followed by them in exercising their powers; and (2) it
does not include the remedies available to an aggrieved person when his rights are adversely affected by the
administration.

American approach to Administrative Law

The American approach to administrative law, as defined by scholar Davis, focuses on the powers and procedures of
administrative agencies, including judicial review of administrative actions. These agencies are governmental
authorities that affect private parties' rights through rule-making or adjudication. Davis argues that administrative
law excludes the handling of business unrelated to rule-making or adjudication, excluding much of what political
scientists call "public administration." Instead, the focus is on procedures for rule-making and formal adjudication,
but does not include the application of rules that belong to public administration.

Prof. Schwartz defines administrative law as the branch of law that governs government administrative operations. It
outlines the powers of administrative agencies, outlines the principles governing their exercise, and provides legal
remedies for those affected by administrative actions. Schwartz distinguishes administrative law from public
administration law, like commercial law or land law. His definition emphasizes that administrative law is limited to
the powers vested in administrative agencies, the legal requirements for their exercise, and the remedies available to
those affected by administrative action.

Indian approach to Administrative Law

Prof. M.P. Jain defines: "Administrative law deals with the structure, powers and functions of the organs of
administration, the limits of their powers, the methods and procedures followed by them in exercising their powers
and functions, the methods by which their powers are controlled, including the legal remedies available to a person
against them when his rights are infringed by their operation".

C.K. Takwani defined administrative law as follows: "Administrative law is that integral branch of the Constitution
which deals with powers and duties of administrative authorities, the procedure followed by them in exercising the
powers and discharging the duties and the remedies available to aggrieved person when his rights are affected by any
action of such authorities."

Prof I.P. Massey defined administrative law as follows: "Administrative law is that branch of public law which deals
with the organization and powers of administrative and quasi-administrative agencies and prescribe principles and
rules by which an official action is reached and reviewed in relation to individual liberty and freedom." This definition
makes clear the nature and scope of administrative law.

Conclusion: After considering all these definitions, it can be concluded that administrative law is the law which deals
with the powers and functions of the administrative authorities, with the limits of their powers, with the procedures
to be followed by them in the exercise of their powers and functions, with the method of control of their powers and
with the remedies available to the persons in case of violation of their rights by them. The administrative law aims at
the establishment and maintenance of rule of law in the country.

NATURE OF ADMINISTRATIVE LAW

(1) Uncodified Judge-made Public law:

a) Administrative law has been emerged as one of the most significant branch of public law in contradistinction
with a private law which deals with the relationship of individuals inter se.
b) Administrative law primarily defines and regulates the relationship between the individual and the State. It is
concerned with the composition, powers, duties, rights and liabilities of the various organs of the government
which are engaged in public administration.
c) Early English writers held the view that it is logically impossible to distinguish administrative law from
constitutional law because both are concerned with functions of the Government and are part of public law.
However, Holland held that constitutional law describes the various organs of the government at rest i.e.,
static aspects of the government, while administrative law describes them in motion ie., dynamic aspects of
the government. According to him Constitutional law is concerned with structure while administrative law is
concerned with functions.
d) Administrative law is law in real sense, but it is not a codified, written or precisely defined law like property
laws, land laws, labour laws etc. It is unwritten, uncodified and is generally called Judge-made law because it
has been developed over time by courts according to requirements of numerous cases.
e) Prof. Wade says the essence of administrative law lies in Judge made doctrines which apply right across the
board and which therefore set legal standards of conduct for public authorities generally. Contemporary
administrative law includes statute law, administrative rule-making, precedents, customs, administrative
directions etc.
f) Administrative law includes the study of the existing principles and also of the developments of certain new
principles according to the need of the time which administrative bodies/agencies must follow while
discharging their powers.
g) Administrative law is dynamic in nature as it is constantly evolving. It is being increasingly developed to
prevent the administration from degenerating into arbitrariness and abuse its powers. It attempts to devise
principles by which the executive and its various instrumentalities and agencies are kept within the limits of
their powers. Thus the administrative law acts as means to achieve the ends or goals specified in the
Constitution.

(2) Administrative process.-Administrative Law is vitally concerned with administrative process. The administrative
process consists of carrying on business of government, or regulating the affairs of individuals in the interests of
community. Due to various reasons, the administrative process has come to stay as indispensable phenomenon in all
progressive societies, particularly in a welfare state where many schemes for the purposes of society are prepared
and administered by the government.

(3) Expanding horizons of administrative jurisdiction. Apart from pure administrative and executive functions, by
way of delegated legislation it exercises legislative functions and makes a plethora of rules, regulations, bye-laws,
notifications, etc. substantially affecting the rights of public at large.Similarly, administrative agencies also exercise
powers of adjudication of disputes by establishing a number of administrative tribunals. Provisions have been made
in various socio-economic statutes taking away jurisdiction of competent courts and virtually conferring blanket
powers on these tribunals.
(4) Administrative law focuses on the organization and powers of administrative and quasi-administrative agencies,
including corporations, firms, autonomous agencies, individuals, and civil society institutions. It emphasizes
understanding the powers, characteristics of actions, procedure for exercising those powers, and control mechanisms
provided. The study includes both administrative and quasi-administrative agencies operating in public spaces and
exercising public functions.
 SCOPE/ Extent/Ambit/ OF ADMINISTRATIVE LAW :

Since administrative law is a constantly evolving law, it is difficult to define it and it is equally difficult to ascertain
precisely its scope/ ambit of operation. The central theme of administrative law is to reconcile liberty with power and
to protect the rights of the people against the administrative excesses.
According to Sir William Wade, administrative law is the law relating to the control of governmental power.
He stated: "The organisation, the methods, the powers (whether styled administrative, legislative or Judicial) and the
control by judicial authority of all public authorities is the ambit of administrative law in UK."

According to Prof. K.C. Davis: "Administrative law is limited to law, concerning powers, procedure of
administrative agencies, including the law governing judicial review of administrative action. It does not include the
enormous mass of substantive law produced by agencies, must of which is beyond the understanding of lawyers as
such. Administrative law is restricted to some activities of agencies having powers of adjudication or rule-making. It
includes judicial review of executive or administrative action not involving either adjudication or rule-making."

Friedmann says that administrative law includes the law relating to :

(a) The legislative powers of the administration, both at common law and under the statute.
(b) The administrative powers of administration under both common law and statutes.
(c) The judicial and quasi-judicial powers all under statutory provisions
(d) The legal liability of public authorities
(e) The powers of the ordinary courts to supervise the administrative authorities.

According to Garner, the subject of administrative law includes the study of (1) the institutions and administrative
processes, (2) the principal sources of governmental legal powers, (3) the mechanism by which citizens' grievances in
respect of governmental actions may be examined, and where appropriate redress be afforded, (4) the public
corporations, and (5) the administration of local government and the general legal principles applying to local
authorities.
A careful analysis of the various definitions of administrative law and after observing views of the various
writers regarding it's scope/ ambit, it may be concluded that the administrative law deals with the following aspects
of administration :

(1) Structures, Powers, Functions of the administrative authorities: Administrative law refers to the organization and
composition of administrative and quasi-administrative bodies, such as corporations, boards, and universities, which
exercise numerous powers and perform various activities. These bodies are responsible for the remaining
governmental powers and functions, which are not vested in the legislature and judiciary. The nature of the powers
exercisable by the administrative authorities can be studies under the following heads: (a) purely administrative
actions and powers; (b) Quasi-legislative i.e., rule making powers of administrative bodies in the form of delegated
legislations; and (c) Quasi-judicial ie., adjudicative functions and powers of administrative bodies. Besides actions
incidental to these, such as investigatory, supervisory, declaratory or prosecutory form part of administrative law.

(2) Limitations on the powers of administrative authorities: The administrative authorities are supposed to act
within the limits of their powers given to them by the Acts and statutes. Where they are armed with discretionary
powers, decisions are to be made by them in the public interest. In the case of discretionary powers, the
administrative authorities enjoy the opportunity to make a choice out of available alternatives. The key function of
administrative law is to find out the ways in which the administration could be kept within limits so that discretionary
power may not become arbitrary and unfair.

(3) Procedural safeguards/guarantees: Administrative power must, as far as possible, be regulated so that it may not
be abused. It includes the study of the existing principles and also the development of new principles, for regulating
the functioning of administrative bodies. The administrative law deals with the procedures which are to be followed
by the administrative authorities while discharging their powers and functions. This is to ensure fairness of the
procedures adopted by the administrative authorities. The concept of natural Justice, fairness and reasonableness
occupies an important place in the study of administrative law.

(4) Methods by which powers are controlled: Administrative law encompasses various control mechanisms to
ensure administrative agencies remain effective and within bounds. These mechanisms include parliamentary and
judicial review, as well as higher administrative authorities' review. Public opinion and mass media are crucial
controls on administrations, with opinion polls and mass media in the US exercising more effective control than any
other mechanism. Administrative law also includes new devices like the establishment of Lokayukta and the Central
Vigilance Commission (CVC) to check corruption and prevent abuse of administrative powers. These safeguards are
essential in maintaining the integrity of administrative processes.

(5) Legal remedies available to an aggrieved person: Administrative law deals with the legal remedies available to an
aggrieved person whose right has been infringed by illegal/arbitrary actions of the administrative authorities. Various
constitutional remedies such as writs and ordinary/equitable remedies such as injunctions, damages, declaration are
easily available. Easy access to Justice proves to be an effective check on bureaucratic adventurism in the exercise of
public power.

(6) Liability of the Government in tort or contract: Governments have been responsible for tortious and contractual
liabilities for the wrongs committed by the their servants and agents. Article 300 makes provisions in respect of
tortious liability of the government for the acts of its servants. Recent decisions have enlarged the areas of
governmental liability in tort.

(7) Public undertakings, Corporations and Government Companies: Wide powers conferred on these
instrumentalities of the State are subject to inherent limitations that they should be exercised honestly and in good
faith. In the expanding horizon of modern jurisprudence, lifting of corporate veil is permissible. The court can look
behind the veil to see the real face of the corporation.

SCOPE OF ADMINISTRATIVE LAW IN INDIA: Administrative law is a vital legal branch in India that governs the actions
and decisions of administrative agencies, ensuring accountability, fairness, and adherence to the rule of law.

1) Constitutional Foundation: India's administrative law is rooted in its constitutional framework, defining the
powers and functions of state organs like executive and administrative agencies. Key provisions like Articles 14
(equality before law), 19 (freedom of speech and expression), and 21 (right to life and personal liberty) ensure
administrative actions adhere to fairness, reasonableness, and non-arbitrariness, ensuring the legal basis for
administrative action. In the case of E.P. Royappa v. State of Tamil Nadu (1974), where the Supreme Court
emphasized the importance of equality and non-arbitrariness in administrative actions, underscoring the
constitutional basis of administrative law.

2) Judicial Review and Rule of Law: The rule of law significantly influences India's administrative law, as the judiciary
reviews actions to prevent executive excesses and ensure lawful, rational, and fair decisions. The Indian judiciary has
shaped administrative law jurisprudence, developing principles of natural justice and proportionality.In the landmark
case of State of Maharashtra v. Manubhai Pragaji Vashi (1961), the Supreme Court affirmed the importance of
judicial review in ensuring accountability and legality in administrative actions, highlighting the role of administrative
law in preventing abuse of power.

3 ) Principles of Natural Justice: Administrative law incorporates the principles of natural justice, ensuring fairness
and procedural propriety in administrative proceedings. In the case of A.K. Kraipak v. Union of India (1969), the
Supreme Court held that administrative decisions must be made by authorities possessing the requisite expertise and
must adhere to the principles of natural justice, emphasizing the intrinsic link between administrative law and
procedural fairness.

4 ) Administrative Discretion and Accountability: Administrative law in India balances discretion and accountability,
ensuring administrative bodies are guided by public interest and rationality. This is achieved through principles of
reasonableness, bonafide, and non-arbitrariness. Mechanisms like parliamentary oversight, judicial review, and
administrative tribunals hold administrative bodies accountable for their actions, promoting transparency and
accountability in governance. Maneka Gandhi v. Union of India expanded fundamental rights and established principles for
administrative discretion and accountability. It highlighted the judiciary's role in protecting individual rights against arbitrary
actions and set a precedent for future administrative discretion cases, emphasizing transparency, fairness, and accountability.

5 ) Delegated Legislation and Rule-Making: Administrative law governs delegated legislation, allowing administrative
bodies to create rules and regulations under the legislature's authority. An example is the Environment (Protection)
Act, 1986, which empowers the Central Government to frame environmental protection rules. The Supreme Court in
Hamdard Dawakhana v. Union of India (1960) emphasized the importance of administrative law in regulating rule-
making authority.

6) Administrative Discretion and Public Interest: Administrative law addresses the exercise of administrative
discretion, emphasizing its alignment with the public interest and lawful objectives. In the case of Union of India v.
Cynamide India Ltd. (1987), the Supreme Court emphasized that administrative discretion must be exercised
reasonably and in public interest, highlighting the role of administrative law in ensuring that administrative discretion
is wielded judiciously.

7) Procedural Fairness and Due Process: Administrative law in India prioritizes procedural fairness, ensuring
individuals affected by decisions have a fair and impartial process. It upholds principles of natural justice, including
the right to be heard, representation, and reasoned decision. Administrative tribunals, like the Central Administrative
Tribunal (CAT) and State Administrative Tribunals (SATs), adjudicate disputes, providing redressal and access to
justice for aggrieved parties.
A.K. Kraipak v. Union of India is a landmark case that underscored the significance of procedural fairness and due
process in administrative law. It emphasized the need for natural justice principles in administrative proceedings and
the judiciary's role in upholding the rule of law and protecting individual rights against arbitrary state action.

8) Remedies and Redressal Mechanisms: Administrative law provides remedies for individuals aggrieved by
administrative actions, ensuring access to justice and accountability. The establishment of administrative tribunals,
such as the Central Administrative Tribunal (CAT), facilitates expeditious resolution of administrative disputes. In
Union of India v. Tulsiram Patel (1985), the Supreme Court emphasized the importance of administrative tribunals in
providing effective remedies and redressal mechanisms, underscoring the role of administrative law in promoting
accountability.

Conclusion: It is very difficult to specify the exact ambit of the administrative law because the area of administration
is expanding day by day. But in general it can be concluded that administrative law helps in identifying the following
issues: (1) who are administrative authorities (2) What is the nature of powers or functions exercised by these
authorities (3) What are the limitations, if any, imposed on these powers (4) What is the procedure followed by the
administrative authorities (5) What remedies are available to an individual adversely affected by illegal act of
administration? In ultimate analysis, administrative law comprehensively deals with the ways and means to keep the
multifarious powers of administrative authorities under control and to prevent the autocratic rule by administrative
authorities.

IMPORTANCE OF ADMINISTRATIVE LAW :

Protection of Rights: Administrative law safeguards individual rights and liberties by imposing constraints on
administrative agencies. It ensures that agencies do not exceed their statutory authority, violate constitutional rights,
or engage in arbitrary or discriminatory actions.

Accountability and Transparency: Administrative law promotes administrative accountability and transparency. It
requires agencies to follow procedural fairness, provide reasons for their decisions, disclose information, and allow
affected parties to participate in decision-making processes. This helps prevent abuse of power and enhances public
trust in government.

Regulatory Framework: Administrative law establishes the legal framework for regulatory agencies. It enables these
agencies to develop and enforce regulations to protect public health, safety, environment, consumer rights, and
economic interests. Regulatory agencies play a crucial role in balancing competing interests and ensuring the smooth
functioning of various sectors of society.

Dispute Resolution: Administrative law provides mechanisms for resolving disputes between individuals and
administrative agencies. Administrative tribunals and specialized courts hear and decide cases involving
administrative matters, offering an efficient and accessible avenue for redressal.

Flexibility and Expertise: Administrative law recognizes the need for specialized knowledge and expertise in decision-
making processes. It allows administrative agencies to develop expertise in specific areas, adapt regulations to
changing circumstances, and respond effectively to emerging challenges.