Administrative Law

Barkatullah university
Department of Legal studies & Research

Nature and scope of administrative law
B.a.ll.b.
4th Semester
Date- 03/06/2024
Submitted to:- Submitted by:-

DR. o. p. Tiwari Abhishek Raj Mishra
Content
1. Introduction
2. Key principles of administrative law
3. Nature of administrative law
4. Scope of administrative law
Introduction
Administrative law is a branch of public law that

governs the activities of administrative agencies of
government. It encompasses the body of laws,
procedures, and legal institutions affecting
government agencies as they implement legislation
and administer public programs. As such,
administrative law implicates important political and
social values, including democracy, fairness, and
efficiency. Administrative law draws on the methods
and findings of social science to understand how law
can affect governance and improve the outcomes of
public institutions.
Key principles of administrative law
1. Legality: Agencies must operate within the bounds
of law.
2. Reasonableness: Agency must be reasonable and
not arbitrary or capricious.
3. Fairness: Procedures must be fair, ensuring due
process for individuals affected by agency decisions.
4. Accountability: Agencies must be accountable to the
public and to the law.
5. Transparency: Agency operations and decision-
making processes must be transparent to the public.
The nature and scope of administrative law can be
understood through its key features and various
dimensions it covers:
Nature of administrative law
1. Public law: Administrative law is a part of public law,
which deals with the relationship between
individuals and the government.
2. Regulatory: Administrative law provides the legal
framework for the creation, operation, and
regulation of government agencies and ensures they
act within the law.
3. Implementation of Policy: Administrative law
facilitates the implementation of governmental
policies through various agencies and bodies.
4. Protective: Administrative law often serves to
protect individuals from arbitrary or unjust decisions
by government officials or agencies.
5. Rule making and adjudication: Administrative law
encompasses both the rule-making functions
(regulations, guidelines) and adjudicatory functions
(decisions on specific cases) of administrative
agencies.
Scope of administrative law
1. Administrative Agencies: It governs the activities of
administrative agencies, which are bodies created
by legislation to carry out specific functions, such as
regulation, adjudication, and licensing.
2. Rulemaking: Administrative law prescribes the
procedures that agencies must follow when creating
rules and regulations. This includes notice-and-
comment rulemaking, where the public has the
opportunity to provide input on proposed rules.
3. Adjudication: It involves the procedures agencies
must follow when adjudicating disputes. This can
include hearings, investigations, and decisions
regarding individual cases.
4. Judicial Review: A significant aspect of
administrative law is the judicial review of agency
actions. Court have the power to review and, if
necessary, overturn agency decisions that exceed
legal authority, violate procedural requirements, or
are arbitrary and capricious.
5. Delegation of Powers: Administrative law deals with
the delegation of legislative and executive powers
by the legislature to administrative agencies and the
limits placed on such delegations.
6. Enforcement: Administrative law governs how
agencies enforce their rules and regulations. This
includes actions such as fines, penalties, and other
enforcement mechanism.
7. Transparency and accountability: It insures that
agencies operate transparently and are held
accountable. This includes requirements for open
meetings, public records, and other mechanisms for
ensuring that agencies are acting in the public
interest.
8. Rights and remedies: Administrative law protects
the rights of individuals affected by agency actions
and provides remedies for those aggrieved by such
actions. This can involve appeals, administrative
hearings, and other forms of redress.
The scope of administrative law in our country is very
much similar to that in the United States. In fact the
problem before us is to prevent the potential threat to
justice and encroachment on our freedom.
YO U
A N K
T H

Administrative Law

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Barkatullah university

Department of Legal studies & Research

Submitted to:- Submitted by:-

Administrative law is a branch of public law that

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