Introduction objective nature and scope to Administrative Law
- 1. Introduction to Administrative Law Presented by:- Puja Dwivedi Contact:- legalpuja22@gmail.com
- 2. Introduction Administrative Law: • The Backbone of Governance Understanding the Regulatory Framework: • Administrative law governs the actions of administrative agencies. • It ensures proper functioning and accountability within the government. Key Role in Modern Governance: • Balances the exercise of governmental powers with citizens' rights. • Essential for maintaining the rule of law and ensuring fairness in administrative actions.
- 3. Definition by Jurists • Jennings defined Administrative Law as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities.” • Austin defined administrative Law as the ‘law which determines the ends and modes to which the sovereign power shall be exercised.’ • K.C. Davis defined Administrative law as “the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.”
- 4. Nature and Scope • Regulatory in Nature: Governs the exercise of governmental powers. • Concerned with Administrative Agencies: Focuses on the functioning of administrative bodies. • Substantial Reach: Affects various aspects of public life, from licenses to environmental regulations.
- 5. Objectives of Administrative Law • Ensuring Fairness: Protecting citizens from arbitrary decisions by administrative bodies. • Upholding Accountability: Holding administrators responsible for their actions. • Safeguarding Rule of Law: Ensuring that governmental actions are within legal bounds.
- 6. Need for Growth of Administrative Law • Ensuring Accountability: As the scope and complexity of government activities expand, administrative law plays a crucial role in holding administrative agencies accountable for their actions. • It provides mechanisms for oversight, transparency, and redressal, preventing abuse of power and ensuring public trust in governmental institutions.
- 7. • Safeguarding Individual Rights: With the increasing involvement of administrative agencies in citizens' lives, there's a growing need to protect individual rights from arbitrary or unfair administrative decisions. • Administrative law establishes procedural safeguards, ensures due process, and provides avenues for recourse against administrative abuses, safeguarding individual liberties.
- 8. • Adapting to Changing Socioeconomic Realities: Rapid socioeconomic changes demand flexible and responsive governance mechanisms. • Administrative law evolves to address emerging issues such as technological advancements, environmental concerns, and global challenges, ensuring that governmental actions remain relevant and effective in addressing contemporary challenges.
- 9. • Promoting Efficiency and Effectiveness: Administrative law seeks to enhance the efficiency and effectiveness of governmental operations. • By establishing clear rules and procedures, administrative law minimizes bureaucratic inefficiencies, streamlines decision- making processes, and promotes better service delivery to citizens.
- 10. • Fostering Rule of Law: Administrative law is essential for upholding the rule of law within governmental institutions. • It ensures that governmental actions are lawful, consistent with established legal norms, and subject to judicial review, thereby reinforcing the principles of legality, fairness, and justice in administrative practices.
- 11. Sources of Administrative Law • Administrative law principles and rules are derived from various sources, with the following being the main sources of administrative law in India: • Constitution of India • Acts/Statutes • Ordinances, Administrative Directions, Notifications, and Circulars • Judicial Decisions
- 12. Constitution of India: • Constitution serves as the primary source of administrative law. • Article 73 grants executive power to the Union for matters within Parliament's jurisdiction, while similar powers are provided to States under Article 162. • The Indian Constitution doesn't rigidly adhere to the doctrine of separation of powers, instead, it envisions tribunals, public sectors, and government liability, integral to administrative law.
- 13. Acts/Statutes: • Central and State Governments enact laws for various purposes like maintaining peace, tax collection, and socioeconomic growth. • These Acts delineate administrative responsibilities, impose limits on their powers, and establish grievance redressal mechanisms.
- 14. Ordinances, Administrative Directions, Notifications, and Circulars: • Ordinances are issued during legislative recess to address unforeseen circumstances. • Administrative directions, notifications, and circulars are issued under authority granted by Acts to guide administrative actions.
- 15. Judicial Decisions: • The judiciary, particularly the Supreme Court, interprets and applies administrative law. • Courts settle disputes between government branches and citizens. • Through their decisions, courts shape administrative law by establishing precedents on governmental powers, government liability, and citizens' rights, guiding future administrative control.
- 16. Difference between Administrative Law and Constitutional Law Subordination: • Administrative Law is subordinate to Constitutional Law, which is the supreme and highest law of the country. Genus and Species: • Administrative Law is the species of Constitutional Law, whereas Constitutional Law is always regarded as the genus.
- 17. Focus: • Administrative Law deals with the organs of the state in motion, while Constitutional Law mainly deals with various organs of a state. Function vs. Structure: • Administrative Law mainly deals with the functions of the state, while Constitutional Law mainly deals with the structure of the state.
- 18. Scope: • Administrative Law deals with the powers and functions of administrative authorities, while Constitutional Law touches all branches of law and provides guidelines for the organization and powers of state organs. International Law: • Administrative Law exclusively deals with the powers and functions of administrative authorities, while Constitutional Law also provides guidelines on international relations.
- 19. Subjects of Regulation: • Administrative Law deals with administrative authorities, including services, public departments, and local authorities, while Constitutional Law pertains to general principles of state across all branches. Organization vs. Status: • Administrative Law is concerned with the organization and functioning of government departments, while Constitutional Law demarcates the constitutional status of ministers and public servants.
- 20. Obedience and Duties: • Administrators must adhere to Constitutional Law first, then Administrative Law. Constitutional Law imposes negative duties on administrators for violating fundamental rights and positive duties for implementing social welfare schemes. Controland Compliance: • Administrators must perform their functions in obedience to Constitutional Law, as Administrative Law is subordinate to it. Constitutional Law maintains complete controlover administrative law and administrators in the country.
- 21. Conclusion • Administrative law serves as the regulatory framework that ensures accountability, fairness, and legality in the exercise of governmental powers through administrative agencies. • It operates within the broader context of constitutional law, which sets forth fundamental principles, rights, and structures of government.
- 22. • While constitutional law establishes the overarching framework, administrative law provides the detailed rules and procedures governing administrative actions and ensuring compliance with constitutional principles. • Together, these two branches of law form the backbone of modern governance, balancing governmental authority with individual rights and ensuring the rule of law prevails in administrative decision-making processes.
- 23. Thank you