Admin ppt -1 Gifty oommen Evolution and Principles of Administrative Law: From Ancient Philosophical Foundations to Modern Judicial Interpretation – A Comprehensive Study of Rule of Law, Separation of Powers, Natural Justice, Delegated Legislation, and Ad

This presentation explores the evolution, theories, and principles of Administrative Law, tracing its development from the philosophical ideas of Socrates, Plato, Aristotle, and Locke to the modern doctrines shaping governance today. It examines the relationship between constitutional and administrative law, emphasizing their roles as safeguards against authoritarianism and arbitrariness. The discussion covers the Doctrine of Rule of Law as conceptualized by A.V. Dicey, the Doctrine of Separation of Powers as proposed by Montesquieu, and its adaptation within the Indian Constitution through landmark cases like Kesavananda Bharati and Indira Nehru Gandhi. The presentation further analyzes Administrative Actions—legislative, quasi-judicial, and ministerial—and the expanding role of delegated legislation in modern welfare states. Through cases such as Maneka Gandhi v. Union of India, A.K. Kraipak v. Union of India, and Ridge v. Baldwin, it illustrates the enduring relevance of Natural Justice and judicial control over administrative discretion. It also highlights accountability mechanisms including tribunals, parliamentary oversight, and judicial review, reaffirming that administrative law remains the cornerstone of fairness, transparency, and the protection of individual rights in a democratic society.

1. SOCRATES , PLATO, ARISTOTLE, ST THOMAS AQUINAS, GROTIUS, LOCKE , ROUSSEAU. ROMAN CIVILIZATION , NATURAL JUSTICE BRITISH COLONIES AND WRITERS – Dr F.J Port 1929-Book – Admn law --Sir Ivor Jennings ---A.V Dicey – ABSENCE OF DISCRETION , EQUALITY, RIGHTS FROM CUSTOM- UK COMMON LAW – OTHERS NATIONS THEIR CONSTITUTION DROIT ADMINISTRATIF – FRENCH Administrative law – Sense of direction Theories &History & Object

2. INTERNATIONAL INDEPENDENT EXISTENCE OF ADMIN LAW IN LEGAL FRATERNITY IN AMERICA PROF UPENDRA BAXI – PROTECTION OF THE LITTLE MAN FROM ARBITRARY EXERCISE OF PUBLIC POWER- POVERTY , ILLITERACY. IGNORANCE- RECOURSE TO COURTS IT IS A LAW , PART OF PUBLIC LAW , NOT A LEGISLATION

3. Relationship between Administrative Law & Constitutional Law Constitutional- Anti – Majoritarian Administrative law - Anti - Authoritarian Admin law exercise of constitutional power is limited- by the norms , fairness, natural law Tested against Constitutional law Common law of constitutional law – Public centric State Ethics Holland – CL – Government at rest , AL- Government in action

4. Doctrine of Rule of Law, DERIVED – FRENCH PHRASE – LAPRINCIPE DE LEGALITE- PRINCIPLE OF LEGALITY LAW OF GOD – PRINCIPLES OF NATURAL JUSTICE A,V DICEY --- ABSENCE A.V Dicey – ABSENCE OF DISCRETION , EQUALITY, RIGHTS FROM CUSTOM- UK COMMON icey – ABSENCE MAN BELOW THE LAW DUE PROCESS CLAUSE MANEKA GANDHI CASE

5. ARISTOTLE – LOCKE – MONTESQUIEU LEGISLATIVE 2. EXECUTIVE . 3. JUDICIARY MONTESQUIEU 1748– when the legislative and executive powers are united in the same person / body , there can be no liberty. Brandeis J – Aim is not to promote efficiency but to preclude the exercise of arbitrary power, to protect people from Autocracy by means of inevitable friction due of distribution of powers . Doctrine of Separation of powers

6. Dicey – US Approach The American approach to administrative law is denoted by the definition propounded by Davis. According to him, administrative law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action. It does not include the enormous mass of substantive law produced by the agencies. An administrative agency, according to him, is a governmental authority, other than a court and other than a legislative body, which affects the rights of private parties through either adjudication or rule-making. The emphasis in the definition is on judicial control of administrative agencies. But other control mechanisms, like the parliamentary control of delegated legislation, control through administrative appeals, and through the ombudsman type institution, are quite important and significant and need to be studied for a fuller comprehension of administrative law.

7. Dicey Dicey has defined administrative law as denoting 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 public officials, and which specifies the procedure by which those rights and liabilities are enforced. The definition is narrow and restrictive in so far as it leaves out of consideration many aspects of administrative law, e.g., it excludes many administrative authorities, which strictly speaking, are not officials of the States such as public corporations; it also excludes procedures of administrative authorities or their various powers and functions, or their control by Parliament or in other ways, Dicey's formulation refers primarily to one aspect of administrative law, i.e. control of public officials. Dicey formulated his definition with the droit administratif in view.

8. FOUR DIFFERENT PRINCIPLES Exclusively principle – Structural Division Functional principle – prohibits amalgamation Check and Balance principle Mutuality The same person should not form part of more than one organ and one organ should not exercise the functions of another organ Indira Nehru Gandhi 1975 Supp SC , CJ Ray – In Indian Constitution only a broader sense of separation of powers only , Not a rigid like in USA or the Australian Constitution . Kesavananda Bharati case AIR 1973 SC 1461- Separation of powers is a part of the basic structure of the Constitution

9. Classification of ADMINISTRATIVE ACTION RULE MAKING ACTION OR QUASI LEGISLATIVE State of Punjab v. Tehal Singh 2002 2SCC7- where the provisions of a Statute provide for the legislative activity- rule of conduct etc 2. RULE –DECISION ACTION OR QUASI JUDICIAL ACTION Disciplinary proceedings against employees, students , cancellation , suspension revocation of license, permission, goods , gratuity etc- Case facts , committee , investigation , right to be heard , reasoned decision .

10. CLASSIFICATION ;- A,K Kraipak v. UOI 1969 2SCC 262- Selection for Government services should act Judicially Indian National Congress (1) v. Institute of Social welfare 2002 5 SCC685- Function of Election Commission to register a political party – is quasi judicial or administrative ? Court said it is quasi judicial as it has to act under the Act and make an enquiry also , summon witnesses then it is quasi judicial- Part of administrative law 3. RULE – APPLICATION ACTION OR ADMINISTRATIVE ACTION Issuing directions , making a reference to a tribunal under any Act, deportation , granting sanction, allotment, functions of selection committee, etc A,K Kraipak v. UOI 1969 2SCC 262- Selection for Government services should act Judicially

11. CLASSIFICATION 4. MINISTRIAL OR ONLY ADMINISTRATIVE ACTION -Office functions , ministerial actions, collection of tax, revenue, making a report etc JUDICIAL Behaviour in Administrative Discretion- 1. Control at the stage of delegation of discretion – if the statute confers vague and wide discretionary power – ultra vires of the Constitution 2. Control at the stage of Exercise of Discretion – If there is abuse of power. S.R Venkataraman v. UOI 1979 2 SCC 491- prematurely retired in public interest under Rule 56( j)(i) on attaining 50 years – no investigation or application of mind – SC quashed . In USA – Judicial Review / Administrative Procedure Act 1946 in section 10- Court of Law should set aside actions , findings which are Arbitrary , Abuse or not in Accordance with the LAW English case- Padfield v. Minister of Agriculture Fisheries Food 1968AC997- Milk price – contended that the milk producers near London had high quality still same price – minister told to register but did not do as he feared create political problem – HOUSE OF LORDS UNSATISFIED AT THE MINISTRIAL FUNCTION

12. ADMINISTRATIVE RULE MAKING Administrative Legislation – widening fronts in a MODERN STATE – welfare , law has become highly technical , law to meet emergency situations. Title- based classification : 1. – General Clauses Act 1897- Rule made in exercise of power conferred by enactment. 2. Regulations –Delegated Legislation , decisions , orders ,acts etc . 3. Bye-laws – Rules by Semi Govt. 4. Directions by Govt. 5. Scheme – lay down the procedure

13. ADMINISTRATIVE RULE MAKING Discretion based or Conditional / contingent/ subordinate Legislation – Field v. Clark 36L Ed 294: 143 US 649 ( 1891)- the impugned Act authorized the President by proclamation to suspend the operation of an Act permitting free introduction into US of certain products – US Supreme court upheld the Act as President was a mere agent – no application of mind by him needed . POINTS-1. Statute enacted by Legislation . 2. Act enforced , but power to withdraw or apply to a given area is given . 3. Power exercised upon the Delegate’s satisfaction on objective facts – this attracts principles of Natural Justice

14. ADMINISTRATIVE RULE MAKING- DELEGATED LEGISLATION IN UK – Parliament is Supreme so no Constitutional hurdles . In USA – Separation of powers – legislative powers cannot be delegated to Administrative official but some essential powers are delegated and these powers are not legislative in nature – but there also it is understood there are some functions which might overlap. Edward Mills Co. Ltd v. State of Ajmer 1955 SC – the impugned Act authorized the admn. agency to set up minimum wages for certain industries specified in the schedule, empowered it to vary the schedule by adding other industries to the list . SC held valid stating the legislative intention is clear in the Act .

15. ADMINISTRATIVE RULE MAKING- DELEGATED LEGISLATION EXCESSIVE DELEGATION IS UNCONSTITUTIONAL – First case where SC struck down on excessive delegation - Hamdard Davakhana case 1960 SC- Act laid down list of which advt. prohibited and more could be included – SC struck down the Act – no policy guidance – excessive delegation In Darshan Lal Mehra v. Union of India 1992 SC, held section 172(2) UP Nagar Mahapalika Adhiniyam 1959 as constitutional . This section had authorized the municipalities to impose taxes mentioned in the Act ‘ for the purpose of the Act’. The court held it laid sufficient policy to impose tax.

16. DELEGATED LEGISLATION 1. The power of delegation in empowered in Article 245 of the Constitution – Compulsive , Necessity due to the needs of the Modern State. 2. Essential Legislative functions cannot be delegated by the Legislature – Laying the policy The legislature should frame the policy , Bill in the parliament , Act – preamble – object – title –scheme – clauses – binding part of the Act. 3. Non Essentials legislative functions can be delegated 4. Constitutionality of the delegation to be tested case to case – Courts have given very wide interpretation to enable delegation – It should be consistent and within the PARENT ACT

17. DELEGATED LEGISLATION 5. The Delegate cannot have more legislative powers than that of the delegator – Indian Oil Corpn v. Municipal Corpn Jullandar 1993 1 SCC 333 6. It must not be unreasonable – not violate procedural safeguards if provided in the Parent Act 7. The delegation of power by an administrative officer to his sub-ordinate does not divest of his power . 8. The court may take into consideration – proportionality – especially in cases involving violation of public interest where this new doctrine may produce better results

18. DELEGATED LEGISLATION 9. If the parent Act is repealed then notification issued under it would also stand repealed unless saved by the repealing Act . 10. Rules validly made by the Administrative authority becomes part of the Act 11. Power to repeal and amend cannot ne delegated 12 Court decisions cannot be nullified by administrative authority by changing its rules – Contempt of court 13 Retrospectivity of rules by Admn authority only if allowed by the Parent Act

19. Controls Parliamentary control- within the parent act Procedural control- drafting , consultation , publishing , gazette, enforcement Judicial control- ultra vires constitution, enabling act

20. Administration - Government in action Legislative function – rule making Administrative function – implementation of the rules Judicial function – Quasi judicial – Tribunals , Domestic committee,

21. Modern state Centralized Administration: , Rule of Law:, act within the bounds of established legal principles and procedures- not arbitrarily. , Separation of Powers: the modern state -blurs lines, with the executive branch taking on quasi-legislative and quasi-judicial functions. 

22. MODERN STATE Welfare State: involved in promoting social and economic well-being, necessitating QUICK AND EFFECTIVE administrative actions in various sectors.  Accountability AND TRANSPARENCY AND Control:, preventing abuse of power, and ensuring redress for individuals affected by administrative actions.  NEW CHANGES KEEPING WITH THE TIMES , ENTREPRENEURSHIP, QUICK REDRESSAL AND QUICK DECISION MAKING

23. Natural Justice- RULE OF LAW In order to seek protection from excesses of man , man appealed to GOD , who alone could save and to the laws of GOD all temporal laws and actions must conform –This is the Origin of Natural Justice . 1.Supremacy of the law.  2.Equality before the law.  3.Predominance of legal spirit: the court should be free from impartiality and external influence.

24. NJ Dicey’s Rule of Law According to Prof. Dicey, rules of law contains three principles or it has three meanings as stated below: 1. Supremacy of Law : The First meaning of the Rule of Law is that 'no man is punishable or can lawfully be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land 2. Equality before Law : the Second meaning of the Rule of Law is no man is above law 3. Predominance of Legal Spirit or the Third meaning of the Rule of Law is the general principles of the constitution are the result of juridical decisions determining file rights of private persons in particular cases brought before the Court

25. Maneka Gandhi Case Maneka Gandhi was required to surrender her passport within 7 days from the receipt of that letter. Maneka Gandhi immediately addressed a letter to the regional passport officer requesting a copy of a statement about the reason for making the order as provided in sec.10(5). A reply was sent by the government of India, ministry of external affairs on 6 th  july 1977 stating that the government decided “in the interest of general public” not to furnish her a copy of statement of reasons for the making of the order. Maneka Gandhi now filled a writ petition under article 32 of the constitution of India  challenging action of government in impounding  her passport and declining to give reasons for doing so. She challenges sec 10(3)(c)  unconstitutional because it’s a violation of fundamental right under art. 14,19(1). The court said that section 10(3)(c) of passport act, 1967 is void because it violates article 14 of Indian constitution because it confers vague and undefined power to the passport authority. it is violative of Article 14 of the Constitution since it doesn’t provide for an opportunity for the aggrieved party to be heard. It was also held violative of Article 21 since it does not affirm to the word “procedure” as mentioned in the clause, and the present procedure performed was the worst possible one. The Court asked that post decisional hearing be given to her

26. STAGES OF NATURAL JUSTICE 1. SURVIVAL OF THE FITTEST 2. SUPREME POWER OF GOD – DIVINE LAW – NATURAL LAW – NARURAL JUSTICE 3. CONSCIOUNESS 4. BONHAM’S CASE 1610 8 Co Rep 107: 77 ER638 – Court quashed the decision of the administrative authority as it could impose fine in exercise of its discretion and can keep half of the fine imposed for its own use violates the principle of NJ RIDGE V. BALDWIN 1964 AC 40- The appellant , a constable , thought to be negligent in his duty , was dismissed without hearing . The House of Lords held that the power of dismissal could not be exercised without hearing . BAGG ‘ S CASE 1615 – NOT GIVE HEARING BENTLEY ‘S CASE ( RV. Chancellor of Cambridge 1748- Cambridge University cancelled the Degree of the petitioner without hearing

27. STAGES OF NATURAL JUSTICE 5. DARK AGES –REFORMATION PERIOD – ENLIGHTENMENT . Secularism – Individualism – democracy Roman – Jus Naturale – RULE OF LAW . In India – Constitution – Article 31, 14 , 311 6. Anglo- American Courts for 400 years have actively applied 2 principles of Natural Justice

28. RULE AGAINST BIAS AND HEAR THE OTHER SIDE ANGLO AMERICAN COURTS USED 2 PRINCIPLES 1. NEMO IN PROPRIA CAUSA JUDEX , ESSE DEBET, - No one should be made a judge in his own case or rule against bias 2. AUDI ALTERAM PARTEM - Hear the other party or the rule of fair hearing or that no one should be condemned unheard Survival of the Fittest is overruled by Rule against Bias and hear the other side as Prejudice can be Conscious or unconscious Cra

29. RULE AGAINST BIAS CRAWFORD BAYLEY CO V U OF INDIA 2006 SCC Officer concerned personal connection had taken an earlier decision , so possibly could be interested in supporting it – to avoid partiality and ensure PUBLIC CONFIDENCE PERSONAL BIAS – S.P KAPOOR V, STATE OF AP- SC quashed the selection list where he was in the committee. Real test – whether a litigant could reasonably apprehend that a bias might have operated against him in the final decision – REASONABLE MAN

30. RULE AGAINST BIAS 2. PECUNIARY BIAS – Judge or decision maker has financial or proprietary interest in that case 3. SUBJECT MATTER BIAS – R V. DEAL JUSTICES 1881- the magistrate was member of a society dealing with cruelty to animals. He was declared not disqualified to try a case of cruelty against animals.

31. RULE AGAINST BIAS 3. DEPARTMENTAL BIAS – Nageshwar Rao case- secretary initiated the policy of nationalizing the road transport , he gave the hearing to petitioner – dept bias Franklin v. minister of town and country planning 1848 ac 87 hl- appellant challenged that no fair hearing as the minister had given in his speech that he wants to carry out a daring exercise in town planning . – pre -conceived notion of the policy – court did not agree on the technical ground that minister not doing quasi judicial function.

32. AUDI ALTERUM PARTEM – RULE OF FAIR HEARING RIGHT TO NOTICE- NOTITIA – BEING KNOWN - TIME , PLACE, NATURE OF HEARING , COMMITTEE , STATEMENT OF CHARGES , PARTICULAR PENALTY OR ACTION MIGHT FOLLOW RIGHT TO PRESENT HIS /HER CASE AND EVIDENCE / ORAL ADDUCING – CROSS EXAM– LEGAL REPRESENTATION NOT ALLOWED NORMALLY REPORT OF THE ENQUIRY TO BE SHOWN TO THE OTHER PARTY REASONED DECISIONS

33. DOMESTIC ENQUIRY NAND KISHORE PRASAD V. STATE OF BIHAR 1978 3 SCC 366- APPLELLANT WAS A CLERK IN THE DISTRICT MAGIS OFFICE – PROSECTED FOR EMBEZZLING A CERTAIN AMOUNT IN A CRIMINAL COURT BUT ACQUITTED. THEN DOMESTIC ENQUIRY INITIATED , FOUND GUILTY AND REMOVED FROM SERVICE . HE FILED WRIT IN SC. SC SAID THIS WAS NOT A CASE OF NO EVIDENCE BUT OF EVIDENCE INADEQUATE IN CRIMINAL COURT BUT SUFFICIENT AT THE DOMESTIC ENQUIRY LEVEL . SO ORDER NOT TO BE INTERFERED .

34. ENQUIRIES UNDER AN ACT A.K ROY 1982 SC –NATIONAL SECURITY ACT 1980HELD THAT IF THE ACT DISALLOWS LEGAL REPRESENTATION TO A DETENU THEN THE STATE ALSO CANNOT TAKE THE HELP OF A LAWYER UNION OF INDIA V. E. BASHYAN 1988 SC – QUESTION WAS WHETHER SECOND SHOW CAUSE NOTICE TO CHECK THE ANOMALIES IN THE ENQUIRY REPORT WAS SECOND SHOW CAUSE TO DECIDE THE PUNISHMENT COMES UNDER 42 ND AMENDMENT ACT 1976 UNDER WHICH THIS SECOND NOTICE WAS ABOLISHED FOR GOVT SERVANTS . DEV DUTTA 2008 SC – GOOD DECISION MAKING MEANS REASONED DECISIONS . REITERATED IN KRANTI CASE 2010 SC IN US SEC 8 (b) of the admin pro act 1946- admin agencies to provide reasons The officer who hears should decide not his superior officer

35. Post decisional Hearing MANEKA GANDHI 1978 SC – PASSPORT IMPOUNDED SWADESHI COTTON 1987SC- GOVT. TAKING OVER THE COMPANY WITHOUR HEARING . LATER POST DECISIONAL HEARING WAS GIVE SO DECISION WAS VALIDATED BY COURT CANARA BANK 2005 SC – BANK OFFICER DISMISSED WITHOUT PRE HEARING . LATER POST DECISIONAL HEARING GIVEN. IN THE ABSENCE OF ANY PREJUDICE ON THE OFFICER AS SHE HAD THE OPPORTUNITY TO MEET THE BANK STAND . OTHERWISE THE COURT SAID IT CANNOT BE ALLOWED

36. EXCEPTIONS TO THE RULE OF N J EMERGENCY SITUATION CASES OF CONFIDENDIALITY OF LISTS – JUDGES APPOINTMENT WHERE NO RIGHT OF THE PERSON IS INFRINGED UNDER LAW OR COMMON LAW – LIMITED VACANCIES CANCELLED AFTER THE TERM FIXED IS VALID – THE DELHI RENT CONTROL ACT 1958- J.H VOHRA CASE BALCO CASE 2002 SC– THE WORKERS INTERFERED IN GOVT POLICY OF DISINVESTMENT – NOT ALLOWED DECISION RENDERED IN VIOLATION OF N J IS VOID- YUNUS KHAN CASE 2010 SC – THE INITIAL STAGE VIOLATION OF NATURAL JUSTICE CANNOT BE VALIDATED AT THE APPELLATE STAGE EVEN IF FAIRNESS OF THAT APPELLATE IS BEYOND DISPUTE. IT BECOMES VOID ONLY BY A COURT TILL THEN IT IS VALID

37. ARTICLE 310---- – GOVT SERVANTS TENURE OF OFFICE – ARTICLE 310 LAYS DOWN EVERY PERSON – DEFENCE , CIVIL SEVICE OF THE UNION , ALL INDIA SERVICE OR OTHERS UNDER UNION HOLDS OFFICE AT THE PLEASURE OF THE PRESIDENT , IN STATE – GOVERNOR . THOUGH PLEASURE BUT SUBJECTED TO 311. THUS CIVIL SERVANTS CANNOT BE TERMINATED AT PLEASURE UNLESS 311 IS FOLLOWED DEFENCE PERSONNEL FALL UNDER THE CATEGORY WHERE PRESIDENT HAS ABSOLUTE PLEASURE TO TERMINATE. THIS PLEASURE CAN BE INVOKED AT ANY TIME STAGE OF INQUIRY ON BEING SATISFIED THAT CONTINUANCE OF ANY OFFICER IS NOT IN THE INTEREST OF SECURITY OF THE STATE. COURT CANNOT INTERFERE IN VIEW OF NATIONAL SECURITY AND SAFETY- UNION OF INDIA V. S.P. SHARMA2014 6 SCC 351

38. CIVIL POST UNDER 311 KENDRIYA VIDYALAYA SANGATHAN V. ARUN KUMAR 2007 SCC- CIVIL POST – SC HELD A P.T.TEACHER DOES NOT HOLD A CIVIL POST 311 APPLIES TO BOTH PERMANENT / TEMPORARY CIVIL SERVANTS ANY ORDER OF COMPULSORY RETIREMENT / DISMISSAL/ SUSPENSION / SHOULD FOLLOW N J ESPECIALLY IF IT IS LOOKS LIKE A PUNISHMENT. UNION OF INDIA V. K.K.DHAWAN 1993 sc- officer in exercise of judicial or quasi judicial acts negligently to give undue favour to another is not acting as a judge , then he can be subjected to disciplinary action

39. EXCEPTIONS TO RULE OF REASONABLE OPPORTUNITY TO DEFEND CIVIL SERVANT IS DISMISSED ON CONVICTION IN A CRIMINAL CASE IN COURT WHERE IT IS IMPRACTICABLE TO HOLD ENQUIRY – WHERE THERE IS CHAOS OR IMMEDIATE DECISION NEED BE TAKEN PRESIDENT TAKES A DECISION IN THE INTEREST OF SECURITY OF STATE

40. ADMINISTRATIVE TRIBUNALS PARLIAMENT ENACTED THE ADMINISTRATIVE TRIBUNALS ACT 1985- CENTRE AND STATE THE TRIBUNAL HAS GOT THE JURISDICTION OF THE HIGH COURT IN SERVICE MATTER OF JUDICIAL REVIEW THE ACT DOES NOT PROVIDE FOR ANY APPEAL OR REVIEW OF THE ORDER OF THE TRIBUNAL EXCEPT A SPECIAL LEAVE PETITION BEFORE SC . THIS WAS INVALIDATE BY SUPREME COURT AS JUDUCIAL REVIEW BY THE HIGH COURTS CANNOT BE TAKEN AWAY. L.CHANDRA CASE 1997 SC- BASIC STRUCTURE OF CONSTITUTION