Administrative law

Powers and functions of administrative authorities. Procedure to be followed by these authorities in exercising such powers. The remedies available to such aggrieved persons, when the authorities abuse the powers.

Growth of Administrative Law.

1. Welfare state. 2. Judicial system inadequate to decide and settle all disputes. 3. Delegated legislation. 4. Administrative rule making process is flexible. 5. Tribunals not bound by rules of evidence. 6. Preventive measures. 7. Enforcement of preventive measures.

Delegated legislation
1. The exercise of the legislative power by a subordinate agency by means of the power delegated to it by the legislature. 2. The subsidiary rules made by the subordinate authority by the power conferred on it by the legislature.

 Delegation means extending the power of one person to another person. Extension of law- making power by the legislature to the executive.

Factors for growth of Delegated legislation

1. 2. 3. 4. Expanding horizons of state activity. Modern legislation more technical. Legislative process slow and technical. Delegated legislature permits rapid utilisation of provisions. 5. Emergency.

Manner of Delegation
1. The legislature sets out the purposes and gives rule making power to the government. 2. It gives powers to add the schedule given in the Act. 3. It delegates the powers to extend or narrow the application of the Act. 4. It authorises the legislature to give directions for the proper working of the Act by making rules.

Delegatus non potest delegare

A delegate cannot further delegate. In absence of excess authorisation legislative power cannot be sub-delegated. Authority to whom legislative power is conferred itself should make the rule or legislation. Sometimes the statute itself empower the authority to sub-delegate. In absence of such a power ,court can strike down sub-delegation.

Principles of natural justice.

1. Rules against bias. 2. Hear the other side. (Audi alteram partem) 3. Reasoned decision or speaking order.

Rule against bias

1. 2. Pecuniary bias. Personal bias. Bias relating to subject matter. No man can be a judge in his own cause. Justice should not only be done but manifestly and undoubtedly seem to be done. 3. Judges should be above suspicion.

Right to be heard.
1. Notice within reasonable time.

2. Opportunity of hearing.

Speaking order.
1. Party will get an opportunity to raise a contention before the appellate court for reasons to reject his case. 2. Prevent the executive authority from arbitrary exercise of powers. 3. Clarity in decision and satisfaction to the aggrieved party.

Judicial review of administrative action

1. Discretionary power of the administrative authorities. a) failure to exercise discretion. b) abuse of discretion. 1. Doctrine of proportionality. 2. Doctrine of legitimate expectation. 3. Delegated legislation. a) substantive ultravires. b) procedural ultravires.

Remedies against Administrative action.

1. 2. 3. Private law remedies. Suit for damages. Injunctions. Declaratory action. Constitutional remedies.