What is Administrative Law?

The statement says, "Administrative law is

not law in the lawyer’s sense." Explain this idea based on the nature of
Administrative Law.

Concept of Administrative Law:

Administrative law focuses on how governments and public agencies use their powers and
how they are legally controlled. It ensures that government actions are lawful and protects
individuals from the misuse of power.

This area of law deals with:

1. Rules, decisions, and procedures created by government agencies.
2. How government actions impact individuals and their rights.
3. The regulation of different bodies like commissions, corporations, and universities,
along with government offices.

Definitions of Administrative Law:

1. Ivor Jennings (1959): Administrative law deals with the organization, powers, and
duties of administrative authorities.
2. K.C. Davis: It focuses on the powers and procedures of government agencies and
judicial review of their actions.
3. Wade (1967): Administrative law involves the control and operation of administrative
authorities, focusing on how they function.
4. Massey: It regulates the actions of administrative bodies and ensures individual
liberty is not violated.
5. Jain & Jain: It covers the structure, powers, limits, procedures, and controls of
administrative authorities.
6. Garner: It includes the rules recognized by courts that regulate government
administration.
In summary, administrative law defines and regulates the powers of public bodies, ensuring
their actions follow the law and respect individual rights.

Four Key Aspects of Administrative Law:

1. Composition and powers: It defines the roles and powers of administrative
authorities.
2. Limits: It sets limits on these powers to prevent abuse.
3. Procedures: It establishes procedures for exercising powers properly.
4. Control: It ensures authorities are kept in check through legal and other
mechanisms.
Nature of Administrative Law:
1. Not traditional law: It differs from criminal or property law, as it includes things like
rules, policies, guidelines, and circulars.
2. Public law: It regulates the relationship between individuals and government power.
3. Official actions: Administrative law includes:
i. Quasi-legislative actions: Creating rules.
ii. Quasi-judicial actions: Resolving disputes.
iii. Administrative actions: Implementing rules.
iv. Ministerial actions: Routine duties.

4. Additional actions: It also covers investigations, supervision, and enforcement

activities.

The main goal of administrative law is to stop government authorities from abusing their
power. It makes sure they are held responsible through courts, higher officials, public
opinion, the media, and organizations like ombudsmen.

What are the objectives and scope of Administrative Law?

Objectives of Administrative Law:

1. Control of government powers: Prevent misuse of authority.
2. Remedy to aggrieved person: Provide help to people harmed by government
actions.
3. Equal status of state and public: Ensure the government and citizens are treated
equally before the law.
4. Effective use of government power: Make sure public authorities use their powers
efficiently.
5. Public utility: Ensure government actions benefit society.
6. Resolving disputes: Settle conflicts between the government and the public.
7. Addressing social problems: Help solve societal issues through regulations.
8. Monitoring and improvement: Track the performance of government bodies and
suggest improvements.
9. Maintaining Rule of Law: Ensure all actions follow the law and protect citizens'
rights.

Scope of Administrative Law:

1. Procedures of administrative bodies: Studies how government agencies operate.
2. Structure, powers, and functions: Explores the roles and responsibilities of these
bodies.
3. Protection of rights: Provides solutions for people whose rights are violated by
government actions.
4. Control of authorities: Examines how to manage and regulate administrative
bodies.
It also covers:
1. Creating administrative bodies: Setting up and organizing agencies.
2. Delegated legislation: Rules made by these agencies under the authority of laws.
3. Tribunals and judicial functions: Resolving disputes outside regular courts.
4. Legal remedies: Includes Writs, Injunctions, and other legal protections.
5. Natural Justice: Ensures fair treatment and proper procedures.
6. Government liability: Deals with compensation for wrong actions by government
bodies.
7. Public corporations: Regulates state-owned companies and institutions.

What are the objectives and scope of Administrative Law?

Objectives of Administrative Law:

1. Control of government powers: Prevent misuse of authority.
2. Remedy to aggrieved person: Provide help to people harmed by government
actions.
3. Equal status of state and public: Ensure the government and citizens are treated
equally before the law.
4. Effective use of government power: Make sure public authorities use their powers
efficiently.
5. Public utility: Ensure government actions benefit society.
6. Resolving disputes: Settle conflicts between the government and the public.
7. Addressing social problems: Help solve societal issues through regulations.
8. Monitoring and improvement: Track the performance of government bodies and
suggest improvements.
9. Maintaining Rule of Law: Ensure all actions follow the law and protect citizens'
rights.

Scope of Administrative Law:

1. Procedures of administrative bodies: Studies how government agencies operate.
2. Structure, powers, and functions: Explores the roles and responsibilities of these
bodies.
3. Protection of rights: Provides solutions for people whose rights are violated by
government actions.
4. Control of authorities: Examines how to manage and regulate administrative bodies.

It also covers:
1. Creating administrative bodies: Setting up and organizing agencies.
2. Delegated legislation: Rules made by these agencies under the authority of laws.
3. Tribunals and judicial functions: Resolving disputes outside regular courts.
4. Legal remedies: Includes Writs, Injunctions, and other legal protections.
5. Natural Justice: Ensures fair treatment and proper procedures.
6. Government liability: Deals with compensation for wrong actions by government
bodies.
7. Public corporations: Regulates state-owned companies and institutions.
 What are the sources of Administrative Law? Do you think it is based on
principles?

Sources of Administrative Law:

1. Constitution
2. Acts and Statutes (laws passed by the government)
3. Ordinances, Notifications, and Circulars (official government orders)
4. Judicial Decisions (court rulings)

It also comes from:

1. Customs
2. Administrative directions
3. Policies
4. Memoranda, statements, and resolutions

Principles of Administrative Law:

1. Judicial Review: Courts can check the actions of government agencies.
2. Legitimate Expectation: People can expect fair treatment from the government.
3. Reasonableness: Government actions must be fair and sensible.
4. Good Governance: Promotes responsible and efficient administration.
5. Natural Justice: Ensures fairness and impartiality.
6. Rule of Law: Everyone is equal under the law.
7. Accountability: Government agencies must answer for their actions.
8. Separation of Powers: Powers are divided among different branches of
government.

How was Administrative Law practiced in the early history of Bengal?

In the early history of Bengal, administrative practices were shaped by rulers and the
systems they introduced. Although the concept of “Administrative Law” as we know it today
did not exist, some elements were present:

During Ancient Period

1. Monarchical System: Kings held absolute power, controlling administration, justice,
and law enforcement.
2. Customs and Traditions: Local customs played a significant role in governance.
3. Panchayats: Village-level councils helped resolve disputes and manage local affairs.
During the Muslim Rule (Medieval Period)
1. Sultanate and Mughal Period: The rulers introduced farmans (royal orders) and
appointed officers like zamindars to manage land and collect taxes.
2. Qazis: Judges (Qazis) enforced Islamic laws and settled disputes.
3. Administrative Control: Governors and officials were accountable to the central
authority of the Sultan or Emperor.

During British Period

1. Centralized Administration: The British brought a formal legal system with Acts,
Regulations, and Courts.
2. Regulation Acts (1773): These Acts started shaping modern administrative law by
regulating the powers of officials and establishing accountability.
3. Judicial Institutions: Courts started to play a role in resolving disputes between
individuals and the government.

Thus, in the early history of Bengal, administrative practices were based on the orders of
rulers, customs, and the early forms of judicial functions. It evolved further with the arrival of
the British, who introduced formal legal frameworks.

Discuss the structure of the administrative and judicial system during

the medieval period.

During the medieval period, especially under the Sultanate and Mughal rulers, the
administrative and judicial systems were well-structured and organized in levels. Here's an
easy breakdown:

❖ Administrative Structure:

1. Central Government:
i. Sultan/Emperor: The highest authority, making all important decisions.
ii. Council of Ministers (Wazirs): Advised the ruler and managed different
departments (like finance, military, and law).

2. Provincial Administration:
i. The empire was divided into provinces called Subahs (under Mughals).
ii. Each province was governed by a Subedar (Governor), who looked after law,
order, and revenue collection.
 3. District and Local Level:
i. Faujdars: Managed law and order at the district level.
ii. Zamindars: Local landowners, responsible for collecting taxes and maintaining
peace in their areas.

❖ Judicial System:

1. Central Judiciary:
i. Qazi-ul-Quzat (Chief Judge): Head of the judicial system, appointed by the
Sultan or Emperor.
ii. Darbar (Royal Court): The Sultan/Emperor sometimes acted as the highest
judge for important cases.

2. Provincial Judiciary:
i. Each province had a Qazi who handled legal matters according to Islamic law
(Sharia).
ii. In some cases, governors (Subedars) also handled administrative and judicial
responsibilities.

3. Local Judiciary:
i. Village Panchayats: Managed minor disputes and social matters at the local level.
ii. Kotwal: A police officer responsible for maintaining order in towns and cities.

Key Features:
1. Islamic Law (Sharia) was the foundation for most legal decisions.
2. Non-Muslims were governed by their own customs and laws in personal matters.
3. Justice was quick but often based on the ruler's personal judgment.
 Discuss Administrative Law under the Government of India Acts of 1919
and 1935.

The Government of India Acts of 1919 and 1935 were important steps toward modernizing
the administration and legal system in India. These Acts brought changes in how the
government worked and helped shape the development of Administrative Law.

❖ Government of India Act, 1919:

1. Introduction of Dyarchy: In provinces, the administration was divided between

two parts:
i. Transferred subjects: Managed by elected Indian ministers (like education,
health).
ii. Reserved subjects: Controlled by British officials (like police, finance).

2. Increase in Indian Participation:

i. More Indians were allowed to take part in government, especially at the provincial
level.
ii. Councils were expanded with more elected members, though British officials still
had final control.

3. Limitations:
i. British officials had veto power and could override decisions made by Indian
ministers.
ii. Administrative law was still controlled by the colonial government.

❖ Government of India Act, 1935:

1. Provincial Autonomy:
i. Provinces were given more independence to make their own decisions without
interference from the British government.
ii. Indian ministers had full control over provincial subjects.

2. Federal Structure:
i. The Act proposed a federal system, dividing power between the central
government and provinces.
ii. However, the federal part was never fully implemented.

3. Establishment of Federal Court:

i. A Federal Court was set up to resolve disputes between provinces and the central
government, shaping the judicial side of administrative law.
 4. Introduction of Emergency Powers:
i. The Governor-General had special powers to take control during emergencies,
limiting provincial autonomy.

❖ Impact on Administrative Law:

1. These Acts increased Indian participation in governance and introduced systems like
dyarchy and provincial autonomy.
2. Administrative Law developed as government powers and responsibilities became
more organized.
3. The Federal Court played a key role in establishing rules to control government
actions.

In summary, the 1919 Act gave limited powers to Indians, while the 1935 Act gave provinces
more autonomy and set the foundation for a federal structure. However, real control
remained with the British government until independence.

Evaluate the Administrative System under the Proclamation of

Independence Order 1972 and the Constitution of Bangladesh 1972.

The Proclamation of Independence Order 1972 and the Constitution of Bangladesh 1972
laid the foundation for the administrative and legal system of the newly independent
Bangladesh. Here’s a breakdown of their impact on the administrative system:

❖ Proclamation of Independence Order 1972:

1. Legal Basis for Independence:

ii. This Order officially declared Bangladesh independent from Pakistan.
iii. It provided the legal framework to run the government until the Constitution was
adopted.

2. Temporary Government Setup:

i. It established a provisional government with executive, legislative, and judicial
powers.
ii. President’s Authority: The President had the power to issue laws and run the
administration.

3. Continuation of Old Laws:

i. To ensure smooth governance, the existing laws from Pakistan were temporarily
followed, except those conflicting with independence goals.
 ❖ Constitution of Bangladesh 1972:

1. Parliamentary System:
i. The Constitution introduced a parliamentary form of government, with the Prime
Minister as the head of the government.
ii. The President became a ceremonial head with limited powers.

2. Separation of Powers: The administrative system was divided into three

branches:
i. Executive: Government departments and officials.
ii. Legislative: The Parliament, responsible for making laws.
iii. Judiciary: Courts, ensuring justice and fairness.

3. Fundamental Rights and Rule of Law:

i. Citizens were guaranteed fundamental rights like equality, freedom of speech, and
justice.
ii. The Rule of Law ensured that everyone, including government officials, was
subject to the law.

4. Decentralization of Administration:
i. The Constitution encouraged local governance through district-level bodies, making
administration more accessible.

❖ Impact on the Administrative System:

1. Democratic Governance: Bangladesh shifted to a system where the government

was accountable to the Parliament and the people.
2. Transition from Old to New System: The Proclamation helped maintain order
initially, while the Constitution created a more structured and democratic system.
3. Judicial Independence: Courts were empowered to check the misuse of
administrative powers.

In summary, the Proclamation of Independence Order 1972 provided temporary governance,

while the Constitution of Bangladesh 1972 established a democratic, structured, and rule-
based administrative system. The new system ensured separation of powers, fundamental
rights, and accountability in governance.
 Discuss the concept of the Rule of Law according to Dicey's democratic
and socialist approach. How is the Rule of Law reflected in the
Constitution of Bangladesh?

The Rule of Law is an important principle in any democratic society. It means that everyone,
including the government, must follow the law. The idea was famously explained by A.V.
Dicey, a British legal scholar, who had two main approaches: the democratic approach and
the socialist approach.

❖ Dicey's Democratic Approach:

1. Equality Before the Law:

i. Everyone is treated the same under the law, no matter their social status or
position.
ii. This means that even government officials must obey the law.

2. Protection of Individual Rights:

i. The law protects the rights and freedoms of individuals.
ii. It prevents the government from abusing its power and ensures fair treatment for
all.

3. Judicial Independence:
i. Courts must be independent and impartial to ensure justice.
ii. Judges should make decisions based on the law, not on political pressure.

❖ Dicey's Socialist Approach:

1. Social Justice:
i. The law should aim to promote social welfare and justice.
ii. It should address inequalities and ensure that all citizens have access to basic
needs and rights.

2. Accountability of the State:

i. The government should be accountable for its actions to the people.
ii. There should be legal frameworks to hold officials responsible for their decisions
and actions.

3. Participatory Governance:
i. Citizens should have a voice in how laws are made and implemented.
ii. This includes public participation in the democratic process.
 ❖ Reflection of Rule of Law in the Constitution of Bangladesh:

1. Fundamental Rights:
i. The Constitution guarantees fundamental rights to all citizens, ensuring equality,
freedom, and protection against discrimination.
ii. These rights are essential for maintaining the Rule of Law.

2. Separation of Powers:
i. The Constitution establishes separate branches of government (Executive,
Legislative, and Judiciary) to prevent any one branch from having too much power.
ii. This structure supports judicial independence and accountability.

3. Judicial Review:
i. Courts have the power to review laws and government actions to ensure they are
constitutional.
ii. This mechanism protects citizens from arbitrary actions by the state.

4. Local Government:
i. The Constitution promotes local governance, allowing citizens to participate in
decision-making processes.
ii. This reflects the idea of accountability and participatory governance from Dicey's
socialist approach.

Conclusion:
In summary, Dicey's Rule of Law emphasizes equality, individual rights, and accountability in
a democratic society. The Constitution of Bangladesh reflects these principles through its
commitment to fundamental rights, the separation of powers, and the establishment of local
governance, ensuring that everyone is subject to the law and that justice prevails.
 Do you think absolute separation of powers is not possible? Discuss in
reference to the American, British, and Bangladeshi administrative
systems.

The concept of separation of powers means dividing the government into three branches:
the Legislative, Executive, and Judicial. Each branch has its own responsibilities and should
operate independently. However, achieving absolute separation of powers is challenging.
Let’s discuss this in the context of the American, British, and Bangladeshi systems.

❖ American Administrative System:

1. Clear Separation:
i. The United States has a strong separation of powers. The Congress (Legislative)
makes laws, the President (Executive) enforces them, and the Supreme Court
(Judicial) interprets them.

2. Checks and Balances:

i. Each branch can limit the powers of the others. For example, Congress can
impeach the President, and the President can veto laws.
ii. While there is a separation of powers, the interaction between branches means
that absolute separation is not fully achievable.

❖ British Administrative System:

1. Fusion of Powers:
i. Unlike the U.S., the UK has a parliamentary system, where the Executive (Prime
Minister and Cabinet) is part of the Legislative (Parliament).
ii. This fusion means that the branches work closely together, making strict separation
impossible.

2. Judicial Independence:
i. The judiciary is independent and can review government actions. However, the
close ties between the Executive and Legislative branches limit complete
separation.
 ❖ Bangladeshi Administrative System:

1. Semi-Separation:
i. Bangladesh has a parliamentary system similar to the UK, where the Prime
Minister is usually a member of the Parliament.
ii. The Executive is drawn from the Legislative branch, leading to a blend of powers.

2. Judicial Independence:
i. The Constitution guarantees judicial independence, allowing courts to review laws
and government actions. However, political influences can affect the judiciary,
hindering absolute separation.

Conclusion:
In conclusion, absolute separation of powers is difficult to achieve in practice. The American
system tries to maintain a clear separation but relies on checks and balances. The British
system has a fusion of powers, while the Bangladeshi system reflects a blend of both. Each
system demonstrates that while the ideal of separation of powers is important, the reality
often involves collaboration and interaction between branches of government.