Administrative Law

Nature and Definition:

Nature and Definition of administrative Law Administrative Law is, in fact, the body of those which rules regulate and control the administration. Administrative Law is that branch of law that is concerned with the composition of power, duties, rights and liabilities of the various organs of the Government that are engaged in public administration.

The Indian Institution of Law has defined Administrative Law in the following words;

“Administrative Law deals with the structure, powers and functions of organs of administration, the method and procedures followed by them in exercising their powers and functions, the method by which they are controlled and the remedies which are available to a person against them when his rights are infringed by their operation.

Sources of Administrative Law

The very first question that comes to an individual’s mind is, “where are these administrative laws formulating? Or, “what are the sources of these administrative laws?” The principles and rules of Administrative Law are found in many other sources and statutes as Administrative Law is uncodified and there is no specific statute in which administrative law is completely defined. There are four principal sources of administrative law in India:-

I) Constitution of India:

India has the longest written constitution in the world which is the supreme law of the land. Being the Grand norm of the legal system of the country, the conditions of the constitution overrides all Legislative and Administrative actions. It mainly provides broad principles on the conduct and accountability of the state, the principle of direct democratic participation by citizens and therefore the rule of law. It also constitutes the principle of the separation of powers by allocating law making power to the house of people’s representatives, executive power cumulatively to the Prime Minister and Council of Ministers, and finally the power to interpret the laws to the Judiciary.

II) Legislation:

The simple meaning of Legislation is to make or enact laws to create or introduce new rules and ordinances in the system. In England, the Parliament is considered to be the highest legislative authority that makes laws and those laws are considered to be the highest admirable. On the other hand, India, following the most important case of Kesavananda Bharati which reads as the Parliament having the ultimate power to amend laws along with Fundamental Rights but does not

have the power to amend the basic structure giving unlimited power to introduce new laws which ultimately or otherwise does not affect the individual’s power given by the Constitution.

III) Delegated Legislation:

Rules, guidelines and regulations issued by the Council of Ministers and the individual administrative authorities are also the focus of Administrative Law. The Administrative Law deals with delegated legislation to determine its constitutionality, legality or validity and to guarantee that it has not interfered with the fundamental rights of citizens. One part of such an assurance is that the guidelines need to mandatorily meet certain procedural prerequisites, similar to interview (open support) and distribution (transparency in government organization). The arbitrary exercise of power leads to arbitrary administrative measures, which in turn violate the rights and liberty of citizens. Therefore, the content and procedure of delegated legislation is an important source of administrative law.

IV) Ordinances:

The power to regulate refers to the legislative powers of the Director-General of the Union and the States. Article 123 of the Indian Constitution, which deals with the legislative powers of the President, empowers the President to issue regulations during the break-in Parliament, and Article 213 gives the Governor a similar power to pass regulations during the break of the Parliament.

V) Judicial Opinions:

Most, but not all of the doctrine that includes and controls administrative powers are found in Judicial Analysis from other sources. Most Administrative Law is not just found in legal opinions. Furthermore, the views themselves must be followed carefully to avoid generalizations about the agency’s behavioural controls, which may not be appropriate, as the outcome of many cases may trigger particular legal language that does not necessarily reflect the nature of disputes in other agencies. Administrative law is characterized by a lack of generalization and fluctuating effects. There can be two reasons for this. First, cases brought to Court through Judicial Review are negligible compared to the government bureaucracy and the administrative process. Second, it is even possible to find starting points between two apparently similar cases.

VI) Quasi-Legislative Administration:

When an Administrative authority exercises its regulatory authority, it acts in a quasi-legislative manner. Administrative authorities acquire this power to enact rules and regulations that influence legal rights through laws. This power is an exception to the general principle that law affected rights can only be passed by elected legislators.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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