CLASSIFICATION OF ADMINISTRATIVE

LAW
INTRODUCTION

“Concentration of power is tyranny”- James Madison

Administrative law is the law that regulates the activities of governmental

organisations. It’s a branch of public law. Administrative laws are made by the
legislature, but for the implementation of this law, the executive might make rules
and regulations, and changes if required which indirectly gives the legislative
authority to the administrative organ i.e., the executive. For the same
implementation, the administrative body can also establish judicial offices for
interpreting the law as that could be a subject matter, which could be settled only by
the experts of that specific subject matter. In this way, the power might get
concentrated by only one particular organ of the government which might lead to
tyranny. If these imbalances are there then there is a risk of individuals rights being
violated and public interest being affected hence leading to chaos in the society. To
avoid all these problems and chaos there is a need for a law that can regulate the
organisations that are handled by the government to protect individual rights and
public interest. That law is administrative law. Administrative law provides a legal
framework for public administrative bodies in India and protects the personal liberty
of the citizens.

MEANING OF ADMINISTRATIVE LAW

Administrative law is the branch of law that deals with the formation and functioning
of administrative bodies and controls them. These administrative bodies are those
bodies that are controlled by the executive branch of the government which include
various departments like tax, environment, labour, and health, etc., It deals with the
legal working and decision-making of these agencies. It monitors the relationship
between the state and the people and provides remedies to those people whose rights
and individual liberty are affected due to the abuse of power by administrative
agencies. It ensures transparency in the working, decision-making, and
administration of these bodies. Tribunals, boards, and commissions are all dealt with
under administrative law. This body of legislation also includes provisions for police,
international trade, manufacturing, the environment, taxation, broadcasting,
immigration, and transportation.[1]

An administrative law sets the organisational and authority frameworks of

administrative and quasi-judicial organisations to enforce the law. Administrative
law creates a regulatory mechanism that is primarily focused on government and
administrative operations and processes to prevent agencies of administration from
becoming arbitrators. It is not a codified statute since it has changed through time.
This stops the government from exploiting or misusing the power bestowed upon it.
[2]

DEFINITION OF ADMINISTRATIVE LAW

Administrative law has been defined by various jurists and scholars. Scholars have
viewed administrative law from various perspectives. Therefore, there is no
universally accepted definition for administrative law. The various definitions of this
law are mentioned below-

According to Prof. H.W.R. Wade; Administrative law is the law relating to the control
of governmental powers.[3]

According to Ivor Jenning, Administrative law is the law relating to administration.

It helps in determining the organisation, powers, and duties of Administrative
authorities.[4]

According to K.C. Davis; Administrative law is the law concerned with the powers
and procedures of administrative agencies, including especially the law governing
judicial review of administrative action.[5]

According to the Indian Law Institute, Administrative law deals with the power of
administration, how those powers are exercised, what are the limits on those powers,
how these powers are kept within those limits, what procedure is followed by
administrative authorities, and what are the remedies available to a person when
affected by the administration.[6]

BACKGROUND OF ADMINISTRATIVE LAW

In India, the history of administrative law can be dated back to the later Vedic period
during the existence of glorious empires like the Mauryans and Guptas. These
dynasties are known for their central administrative system. The concepts of justice
and fairness were considered supreme by the kings and the administration carried on
these concepts. Later on, when the East Indian Company was established, the
company introduced various statutes for the better functioning of the company and
the people. After the company was abolished and the British crown started ruling
directly, many laws, statutes, and acts were passed for the welfare of the public. After
independence, the country has become a welfare state from a police state. It is
mentioned in the constitution as when it was framed, the concept of the welfare state
has become more popular and it was mentioned even in the directive principles of
state policy in the constitution. Since it became a welfare state, it had to prioritise the
citizens’ welfare. To be a welfare state, the government has to ensure the political
justice, social, and economic well-being of the citizen. It should endure equal and fair
treatment irrespective of caste, creed, race, religion, and gender. It should provide
equal opportunities to everyone. Due to this, the government had to introduce and
implement many laws, and because of this, the burden fell on the organs of
government to manage them. The judiciary had cases piled up in the courts which
made the judicial process slow. To reduce the burden of work on the organs of
government, administrative law was introduced. In administrative law, there are
tribunals which are quasi-judicial authorities that work under the executive but have
judicial authority and functions. Some of the tribunals are company law tribunals,
labour law tribunals, etc.[7]

SOURCES OF ADMINISTRATIVE LAW

Administrative law has been derived from various sources. Some of the main sources
of this law are mentioned below in detail-
  CONSTITUTION:

It’s considered one of the most important sources of administrative law as the
constitution provides the basic legal framework to the state. It provides the powers,
functions, limitations, and responsibilities to the organs of the government.
According to Article 73[8] associated with the Constitution, the Union’s executive
power extends to subjects for which Parliament has legislative authority. Article
62[9] confers similar authority to states. Tribunals, the public sector, and government
responsibility are also included in the Constitution, which are essential parts of
administrative law.[10]

 JUDICIAL DECISIONS/ PRECEDENTS:

Laws can also be formulated from various case laws. This arises when laws need to be
changed as per the requirements of society and there are no laws on that subject
matter at that point of time. In the event of a disagreement between several branches
of the governmental system or between citizens and the administration, the court is
the last arbitrator. In India, the Constitution has supremacy, and the highest court in
the land i.e., the supreme court has the right to interpret it. The courts, via their
numerous judgements on the administration’s use of authority and the
accountability of the state in cases of infringement of contract or tortious acts by
government officials, establish administrative rules that regulate their future
behaviour.[11]

 ACTS/ STATUTES:

Legislations enacted by Parliament and state legislatures create administrative

agencies, grant them authority, and specify their roles and processes. These Acts
describe the administration’s tasks, limit its power in certain ways, and provide
grievance redressal channels for anyone who was harmed by administrative action.
[12]
Some of such acts are the company act, right to information act, 2005,
competition act, etc.

 ORDINANCES, CIRCULARS, NOTICES, AND ADMINISTRATIVE

DIRECTIONS:

These are the documents used by various government departments to create

legislation in their respective countries. These documents are often known as A.D.
orders or ministerial orders. The primary goal of these texts is to create the legal
framework for carrying out the law, creating legal policy, and regulating the
operations of local government authorities.[13]Ordinances are promulgated when
unforeseen circumstances occur when the legislative body isn’t in session and so
cannot establish legislation. The ordinances empower administrators to take the
required actions in response to such occurrences. The ordinances are issued by the
president of the country. The executive issues administrative instructions, notices,
and circulars in the execution of powers conferred by several Acts.[14]

 INTERNATIONAL TREATIES AND CONVENTIONS:

International treaties and conventions can have an impact on administrative law in
specific situations. When a nation becomes a party to a treaty, it may be required to
change its administrative practices and rules to meet the treaty’s commitments.
International treaties on commerce, the environment, and human rights can all
influence domestic administrative law.

CLASSIFICATION OF ADMINISTRATIVE LAW

Law is divided into categories to help structure it and make it easier to grasp.
Administrative law is also a legal classification. It is an aspect of public law.
Administrative law can further be classified into various categories for a better
understanding of the law and enables better governance. Some of the categories of
administrative law are explained below as follows:

 SUBSTANTIVE ADMINISTRATIVE LAW means the law that deals with

the substantive aspects of the law like the rights, responsibilities, and
authority of the body. It focuses on the legal power and scope of an
administrative agency’s acts, such as the rules and regulations that can be
promulgated, the decisions that can be made, and the enforcement
measures that can be implemented. Substantive administrative law deals
with the legality, legitimacy, and scope of an agency’s power. Some
examples of this are the food safety and standards act, competition law,
consumer protection act, company law, etc.
 PROCEDURAL ADMINISTRATIVE LAW means the law that deals with
procedural aspects of law like the penalties, punishments, and processes of
the agency by using the substantive aspects of law i.e., powers, authority,
and functions. It provides fairness, openness, and due process in
administrative decision-making by giving notices to people, the right to be
heard, and the capacity to appeal or seek judicial review of administrative
acts. Some examples of this law are the administrative procedure act,
income tax act, election laws, etc.
 DELEGATED LEGISLATION is a category in administrative law that
delegates or transfers the law-making authority to make rules, regulations,
and bylaws for better administrative bodies. Through this power, the
agencies can make amendments to the act and add provisions if needed to
fill the gaps in the laws. This power is delegated with limitations and
reasonable restrictions so that the administrative agencies cannot misuse
the powers. Rules and regulations created by agencies like the Reserve Bank
of India (RBI) regarding the operation of banks, the Securities and
Exchange Board of India (SEBI) for monitoring securities markets, and the
Central Board of Direct Taxes (CBDT) for income tax rules are examples of
delegated legislation in India.
 INTERNAL ADMINISTRATIVE LAW focuses on the internal operations,
processes, and relations of administrative agencies. It regulates things like
organisational structure, decision-making procedures, authority delegation,
and internal governance systems. Internal administrative law guarantees
that administrative agencies work effectively, efficiently, and following the
norms and regulations in place.[15] In India, for example, the Department of
Personnel and Training (DoPT) develops internal administrative
regulations and standards for government ministries and public personnel.
  EXTERNAL ADMINISTRATIVE LAW refers to the interaction between
administrative agencies and external entities such as persons,
organisations, and other divisions of government. It governs administrative
agencies’ powers, activities, and choices as they engage with the public and
other stakeholders. It ensures administrative activities are transparent, fair,
and accountable. In India, for example, the Right to Information Act, 2005
is an external administrative legislation that grants citizens access to
information maintained by public bodies, including administrative
agencies.
 RULEMAKING, ENFORCEMENT & ADJUDICATION

Rulemaking: In India, administrative authorities have the jurisdiction to create rules

and regulations that regulate various sectors. The Reserve Bank of India (RBI), for
example, creates rules and regulations to control banking activities, such as
standards for loans, interest rates, and capital requirements.

Enforcement: Administrative agencies are responsible for enforcing the rules and
regulations that they have set. In India, the Central Pollution Control Board (CPCB)
is in charge of enforcing environmental legislation, conducting inspections, and
prosecuting non-compliant enterprises or persons.

Adjudication is described as the legal procedure in which a judge or arbitrator

evaluates evidence and arguments presented by different parties to reach a
conclusion on the matter at hand.[16] For example, The Telecom Regulatory Authority
of India (TRAI) adjudicates telecom industry disputes such as licensing concerns and
price disputes

CASE LAWS

 L. CHANDRA KUMAR v. UNION OF INDIA[17]

In this case, L. Chandra Kumar, the petitioner, challenged the legality of several
sections of the Administrative Tribunals Act, 1985. The petitioner said that the Act,
which established administrative tribunals to adjudicate service issues, violated the
fundamental structure of the Constitution by intruding on the judiciary’s jurisdiction.
The issue was a disagreement on the jurisdiction and powers of administrative
tribunals in comparison to normal courts. The Supreme Court ruled that Tribunals
are the courts of first instance in the fields of law for which they were established.
Through an appeal, all Tribunal rulings are reviewed by the Division Bench of the
High Court, under whose authority the concerned Tribunal falls.[18]

 TATA CELLULAR V. UNION OF INDIA[19]

The case principally concerned the government’s use of executive authority in

awarding licences for mobile telecommunications services. The Supreme Court has
ruled that the government has the power to refuse the lowest or any other tender, but
that the criteria outlined in Article 14 of the Constitution must be considered when
accepting or declining a tender. If the government strives to acquire the most
competent person or the ideal quote, there is no violation of Article 14. The right to
choose cannot be seen as an arbitrary authority. Of course, if the aforementioned
authority is used for any other purpose, the exercise of such power will be null and
void.[20]

 UNION OF INDIA v. UPENDRA SINGH[21]

In this case, the Supreme Court held that the Tribunal cannot take over the tasks of
the disciplinary body. The disciplinary authority will investigate whether or not the
accusations are true. Indeed, even after the disciplinary proceedings have concluded,
if the matter is brought before a court or tribunal, they have no jurisdiction to
investigate the truth of the charges or the correctness of the findings rendered by the
disciplinary authority, or the Appellate Authority, as the case may be. The
court/tribunal’s job is one of judicial review, intending to ensure that the individual
is treated fairly.”[22]

 A.K. KRAIPAK v. UNION OF INDIA[23]

In this case, a member of a committee charged with selecting applicants for a certain
position was a contender for the job himself, and his impartiality was called into
question. Though the process of selecting candidates for government positions is
administrative, the selection committee is required to behave judicially. The court
remarked that the boundary separating administrative authority from quasi-judicial
power is exceedingly thin and is increasingly being destroyed. This case also
established the principle of natural justice as the foundation of administrative law.
The Supreme Court also held that the administrative authorities must follow natural
justice principles such as audi alteram partem (hear the other side) and Nemo judex
in causa sua (no one should be a judge in their cause) when making decisions
affecting individuals’ rights and interests.

 MANEKA GANDHI v. UNION OF INDIA[24]

In this case, the petitioner’s passport has been taken into custody by the passport
authorities. The petitioner challenged the authority’s decision. It was ruled that the
obligation to act judicially does not need to be established and may be deduced from
the basis of the authority bestowed, how it is used, and its effect upon the rights of
the individual affected. Although this case focused on the right to personal liberty
under Article 21 of the Indian Constitution, it also highlighted the significance of
procedural due process in administrative operations. The Supreme Court ruled that
in depriving persons of their rights, administrative authorities must follow fair and
equitable processes.

CONCLUSION
Administrative law is a law that deals with administrative agencies and controls them. It is a subset of public law.
It has been defined by various scholars in different perspectives. There is no universally accepted definition for
the same. It has been derived from various sources like the Constitution, judicial decisions, statutes, international
treaties, and ordinances, etc. The existence of this law dates back to the later Vedic period but the modern
administrative law has its roots from British rule. The law helps in balancing the power and authority of the three
organs of the government and also protects individual rights and liberties. This law is classified into various
categories for better framework and understanding like substantive, procedural, external, internal, delegated
legislation, etc. For a better understanding of the law, the researcher has mentioned a few case laws which played
a role in interpreting the law. This law protects the public interests and its classification helps in understanding
the relationship between the administrative agencies and individuals better.In this article, we have discussed the
concept of administrative law, its sources, its background, and its classification. We have also discussed a few case
laws for a better understanding of the topic.