MEANING OF ADMINISTRATIVE ACTION
Administrative action is the action which is neither legislative nor judicial in
nature but only concerned with the analysis and treatment of a particular situation
and is devoid of generality. It has no procedure of collecting evidence and
weighing arguments but only based upon subjective satisfaction where decision is
based on policy and expediency. It does not decide a right or wrong , neither it
ignores the principles of natural justice completely though it may affect a right.
Unless the statute provides otherwise, a minimum of the principles of natural
justice must always be observed depending on the fact situation of each case.
Administrative action may be statutory, having the force of law, or non statutory,
devoid of such legal force. The bulk of the administrative action is statutory
because a statute or the Constitution gives it a legal force but in some cases it
may be non-statutory, such as issuing directions to subordinates not having the
force of law, but its violation may be visited with disciplinary action. Though by
and large administrative action is discretionary and is based on subjective
satisfaction, however, the administrative authority must act fairly, impartially
and reasonable.
CLASSIFICATION
Administrative action is classified broadly into three main organs of the
government namely-
Legislative
Executive
Judiciary
In Jayantilal Amritlal Shodhan V. F.N Rana and Ors
Generally an administrative action can be further bifurcated into 3 parts-
Quasi-legislative action or Rule making: It includes the rule making power and
delegated legislation. Under this organ the administration performs the function of
legislation in such situations where it is not possible for any legislation to
legislate laws for the kind of conflicts arising.
Quasi-Judicial action or Rule decision action: It includes such conditions under
which the administration puts on the hat of the judiciary and confers the special
power of taking decisions in cases where legal rights of individual are effected.
Purely administrative action or Rule application action: This includes the actions
which are neither legislative nor judiciary but purely administrative in nature.
In Article 14 and 21 of the constitution of India, the concept of natural justice
is defined in case of consequences suffered in administrative action.
1. Nemo in propria causa judex, esse debet – no one should be made a judge in his
own cause, or the rule against bias.
2. Audi alteram partem – no one should be condemned unheard.
In case of A.K. Kraipak v. Union of India, the Court held that in order to
determine whether the action of the administrative authority is quasi-judicial or
administrative in nature, one has to see the power conferred, to whom power is
given, the framework within which power is conferred and the consequences.
CONTROL OF ADMINISTRATIVE ACTION
Administrative actions are controlled by courts in certain circumstances by issuing
different writs and thus plays an important role in judicial control of
administrative actions in India. Article 32(2) states the power of the Supreme
court to issue writs in nature of-
WRIT OF HABEAS CORPUS
The expression “Habeas Corpus” in Latin means ‘to have the body’. Under this writ,
if a person is unlawfully detained, his friends or relatives or any person or any
person on behalf of the prisoner or the prisoner himself can file an application in
court under Article 226 in High Court or under Article 32 in Supreme Court .
Even a letter to the judge mentioning illegalities committed on prisoners in jail
can be admitted. If he Court will be satisfied with the contents of the application
,it will issues the writ and will produce an order calling upon the person who has
detained another to produce the same before the Court, to let know the grounds of
confinement and set the peron free if there is no legal justification and will
award exemplary damages.
In the case of Bhim Singh v State of Jammu& Kashmir, AIR 1986 SC 494, the Hon’ble
Court awarded the exemplary damages of Rs.50,000 for the wrongful confinement.
Sunil Batra v Delhi Administration, AIR 1980 SC 1579, is another landmark judgement
,in which a convict wrote a letter to one of the Judges of the Supreme Court
alleging inhuman torture and illegalities on a fellow convict.
WRIT OF MANDAMUS
The expression ‘Mandamus’ in Latin means “We Command”. Mandamus is a Judicial order
strictly following the rule of rule of Locus Standi . It is issued in the form of a
command to any Constitutional, Statutory or Non-Statutory authority asking to carry
out a public duty imposed by law or to refrain from doing a particular act, which
the authority is not entitled to do under the law. It is an important writ to check
arbitrariness of an administrative action. It is also called ‘Writ of Justice’.
WRIT OF PROHIBITION
The expression ‘prohibition’ literally means ‘to prohibit’. It is a judicial order
issued by the Supreme Court or a High Court to an inferior Court or quasi-judicial
body which forbids the inferior courts to continue proceedings and keep themselves
within the limits of their jurisdiction. The writ of prohibition can be issued on
the following grounds:
(i) Absence or Excess of jurisdiction;
(ii) Violation of the principles of natural justice;
(iii) Unconstitutionality of a Statute;
(iv) Infraction of Fundamental Rights
WRIT OF CERTORI
The expression “certiorari” in Latin word means “to certify”. This writ is a
judicial order which confers power on the Supreme Court under Article 32 and High
Courts under Article 226 of the Constitution to correct illegality of their
decisions or otherwise quash it.
The grounds on which the writ of certiorari may be issued are:
(a) Error of Jurisdiction- Lack of jurisdiction or Excess of jurisdiction
(b) Abuse of jurisdiction
(c) Error of law apparent on the face of the record
(d) Violation of principles of natural justice
