Administrative law

Definition
Introduction
• It is difficult to evolve a scientific, precise and satisfactory definition of
Administrative Law.
• Many jurists have made attempts to define it, but none of the definitions
has completely defined the nature, scope and content of administrative
law.
• Either the definitions are too broad and include much more than necessary
or they are too narrow and do not include all essential ingredients. For
some it is the law relating to the control of powers of the government.
• The principal objective of Administrative Law as ensuring governmental
accountability, and nurturing participation by interested parties in the
decision-making process.
Definition
• The Administrative law deals with composition and powers of
different organs of administration, the procedure with the
administrative authorities shall adopt in the exercise of their powers
and the various modes of control including particularly judicial
control over the different kinds of powers exercised by the
administrative authorities.
• In short the administrative law deals with the powers, particularly
quasi-judicial and quasi-legislative of administrative authorities along
with their executive powers and their control.
Definition
• Administrative law is a branch of public law. It deals with the
relationship of individuals with the government. It determines the
organisation and power, structure of administrative and quasi-judicial
authorities to enforce the law. It is primarily concerned with official
actions and procedures and puts in place a control mechanism by
which administrative agencies stay within bounds.
• However, administrative law is not a codified law. It is a judge-made
law which evolved over time.
Definition
Sir Ivor Jenning defines Administrative Law as “the Law relating to
administration. It determines the organization, powers and duties of
administrative authorities”.

According to K. C. Davis, "Administrative law as the law concerns the

powers and procedures of administrative agencies, including
especially the law governing judicial review of administrative action".
Definition
• Sir Ivor Jennings defines administrative law as the law relating to administration.
• It determines the organization, powers and duties of administrative authorities.
This formulation does not differentiate between Administrative and Constitutional
law. It lays entire emphasis on the organization, power and duties to the exclusion
of the manner of their exercise.
• For example, administrative law is not concerned with how a minister is appointed
but only with how a minister discharges his functions in relation to an individual or
a group. How the minister of housing and rehabilitation is appointed is not the
concern of administrative law, but when this minister approves a scheme for a
new township, which involves the acquisition of houses and lands of persons living
in that area, questions of administrative law arise.
• Sir Ivor Jennings formulation also leaves many aspects of administrative law
untouched, especially the control mechanism.
• According to K. C. Davis, “Administrative law as the law concerns the
powers and procedures of administrative agencies, including
especially the law governing judicial review of administrative action”.
• An administrative agency, according to Davis, is a governmental
authority, other than a code and other than a legislative body, which
affects the rights of private parties through either adjudication or
rulemaking.
• Another difficulty with this definition is that it puts an emphasis on
the control of the administrative functions by the judiciary, but does
not study other equally important controls, example parliamentary
control or of delegated legislation, control through administrative
appeals or revisions etc.
Definitions
A.V. Dicey
• He did not recognize the independent existence of administrative law. He
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, Dicey opposed the
French droit administratiff and therefore his formulation mainly
concentrated on judicial remedies against state officials. Therefore, this
definition excludes the study of every other aspect of administrative law.
Cont…
• According to Wade,”administrative law is the law relating to the
control of governmental power. According to him the primary object
of administrative law is to keep the powers of the government within
their legal bounds so as to protect the citizens against their abuse.
•.
• Undoubtedly this definition places considerable emphasis on the
object of Administrative law by touching the heart of the subject. It
does not, however, define the subject. It also does not deal with the
powers and duties of administrative authorities nor with the
procedure required to be followed by them
• According to Griffith and Street, the main object of administrative
law is the operation and control of administrative authorities. It must
deal with three aspects
1. What sort of power does the administration exercise?
2. What are the limits of those powers?
3. What are the ways in which the administration is contained within
those Limits?
Definition
• M.P.Jain
Administrative Law deals with the structure, powers and functions
of the organs of administration, the limits of their powers, the methods
of procedures followed by them in exercising their powers and
functions, the methods by which their powers are controlled including
the legal remedies available to a person against them when his rights
are infringed by their operation
Definition
• In administrative law, the term Administration is used in its broadest
possible sense and covers within its reach.
• 1. All executive actions, its programs and policies
• 2. All administrative aspects of parliament and judiciary
• 3. All actions of state like actors (agency and instrumentality of state)
• 4. All actions of non-state actors (private entities) exercising public
functions.
Four aspects
• Administrative law, according to this definition, deals with four
aspects.
• Firstly, it deals with composition and the powers of administrative
authorities
• Secondly, it fixes the limits of the powers of those authorities.
• Thirdly, it prescribes the procedure to be followed by these
authorities in exercising such powers
• Fourthly, it controls these administrative authorities through judicial
and other means.