1) Meaning of Administrative Law
Administrative law can be defined as a branch of public law that governs the organization, powers, duties, and functions of administrative authorities. It deals with the legal framework within which public administration operates and regulates the relationships between administrative agencies and the public, ensuring that the actions of the government are lawful, reasonable, and fair.
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2) Definitions:
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(1)
Ivor
Jennings: "Administrative law is the law
relating to the administration. It determines the organization, powers, and
duties of administrative authorities."
(2)
K.C.
Davis: "Administrative law is the law
that governs the powers and procedures of administrative agencies, including
especially the law governing judicial review of administrative action."
(3)
Dicey: While Dicey was critical of administrative law, he defined it
indirectly, stating that it is concerned with the legal procedures and rules
regulating the actions of public officials and institutions.
3) Nature of Administrative Law
(1) Branch of Public Law:
Administrative law is a branch of public law that
focuses on the legal principles and rules governing the activities of
administrative agencies. These agencies are established by the government to
administer and implement laws and policies in various areas such as taxation,
healthcare, transportation, environment, and more.
(2) Balancing Power:
Administrative law seeks to strike a balance between the
need for administrative efficiency and the protection of individual rights and
freedoms. It aims to prevent abuse of power by administrative agencies while
allowing them the necessary authority to carry out their functions effectively.
(3)
Dispute Resolution:
Administrative law provides mechanisms for resolving
disputes between individuals and administrative agencies. It typically involves
administrative tribunals or specialized courts that have jurisdiction to hear
and decide on administrative matters. These bodies offer an alternative to
traditional courts and provide expertise in the subject matter of the disputes.
(4) Regulates Administrative Agencies:
Administrative law defines the organization, powers,
functions, and procedures of administrative agencies. It sets out the legal
framework within which these agencies operate, ensuring that they act within
their delegated authority and in accordance with the law.
(5) Rule-Making and Rule Application:
One of the central aspects of administrative law is the process of
rule-making by administrative agencies. These agencies have the authority to
create rules and regulations to implement statutes and policies. Administrative
law also governs the application of these rules, ensuring fair and consistent
decision-making.
4) Scope of Administrative Law
(1)
Administrative Procedures:
Administrative law sets out the procedures that
administrative agencies must follow when making decisions or taking actions
that affect individuals. These procedures often include notice requirements,
opportunities for hearings, and the right to present evidence and arguments.
(2)
Accountability and
Transparency:
Administrative law aims to promote accountability and
transparency in the functioning of administrative agencies. It requires
agencies to provide reasons for their decisions, disclose relevant information,
and allow affected individuals to participate in the decision-making process.
(3)
Judicial Review:
One of the key features of administrative law is
judicial review. It allows courts to review the legality and validity of
administrative actions, decisions, and regulations. Courts assess whether
administrative agencies have acted within their authority, followed fair
procedures, and made decisions that are reasonable and consistent with the law.
(4)
Substantive Standards:
Administrative law establishes substantive standards
that guide administrative decision-making. These standards require agencies to
consider relevant factors, weigh competing interests, and make decisions that
are rational, fair, and consistent with the underlying purpose of the
legislation.
(5) Remedies:
Administrative law provides remedies for individuals aggrieved by administrative actions. These remedies may include appeals, judicial review, and the power of courts to set aside or modify administrative decisions that are found to be unlawful or unreasonable.
By,
Adv. Harashavardhan (Bhaiya) Deshmukh,
(Pune Maharashtra)
Mail: dabangglawyer@gmail.com , Contact: 8483882344
Follow @DabanggLawyer
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