Nature and Scope of Administrative Law
Nature and Scope of Administrative Law have been discussed in this article. Nature and scope of administrative law is the key factor for the smooth functioning of a Democratic Republic Country. The administrative law of the country regulates the relationship between citizens and government and protects the common man from arbitrary decisions of officials.
Administrative law is an area of law that deals with various issues regarding the administration of decisions. Administrative law is the body of laws governing the administration of justice in civil, criminal and administrative matters in India.
The administrative law consists of all executive actions, its programs and legal policies and all the administrative aspects of the Parliament and Judiciary.
In India, administrative law is that branch of the law, which is concerned with the composition of powers, duties, rights and liabilities of the various organs of the Government.
Administrative law is the public law that ensures the working of the Central government and the State Government. Whereas, administrative law deals with the regulation and powers of the administrative and quasi-administrative bodies.
Administrative law is a law that regulates the actions of administrative authorities or agencies. Administrative law tries to develop a relationship between the public and government by regulating itself as the time required.
Nature and scope of administrative law covers the structure and power of the administrative and quasi-administrative agencies. The nature and scope of administrative law is being discussed as below;
Nature Administrative Law
Branch of Public Law
Administrative law is a branch of public law that focuses on the legal principles, rules and regulations governing the legal activities of the administrative authorities/agencies.
These administrative authorities are established by the Central Government or State Government to implement and administer the laws and policies in various areas such as taxation, healthcare, transportation, environment and much more.
Regulates Administrative Agencies
The administrative law defines the organizations, powers, functions and procedures of administrative authorities. The regulation of administrative agencies will set out the legal framework within which these agencies operate, ensuring that they act within their delegated authority and in accordance with the law.
The administrative law seeks to strike a balancing power between the need for administrative efficiency and the protection of individual rights and freedoms.
The balancing power of the administrative law aims to prevent abuse of power by the administrative authority while allowing them the necessary authority to carry out their functions effectively.
Rule Making and Rule Application
One of the central aspects of administrative law is the process of rule-making by the administrative agencies. These administrative agencies have the authority to create rules and regulations to implement the statutes and policies. The administrative law also governs the application of these rules and regulations ensuring fair and consistent decision-making power of the administrative law.
The administrative law provides mechanisms for resolving disputes between individuals and administrative authorities. These administrative authorities have the power to create rules and regulations to implement the statutes and policies. The administrative law also governs the application of these rules and regulations ensuring fair and consistent decision-making power of the administrative law.
Scope of Administrative Law
The judicial review is one of the most important features of administrative law. The judicial review gives powers to the court to review the legality and validity of administrative actions, decisions, rules and regulations. The court assesses whether administrative agencies have acted within their authority followed fair procedures and made decisions that are reasonable and consistent with the law.
Administrative law is the procedure that administrative agencies must follow while making decisions or taking actions that affect individuals. These administrative procedures include requirements for sending a legal notice, opportunities for hearing and the right to present evidence and arguments.
Administrative law establishes substantive standards that guide administrative decision-making. These substantive standards require agencies to consider relevant factors, weigh competing interests, and make decisions that are rational, fair and consistent with the underlying purpose of the legislation.
Accountability and Transparency
Administrative law ensures the accountability and transparency of powers. Also, ensuring the protection of citizens over the arbitrary actions of the administration and also focusing on the judicial review of the actions or decisions taken by the administration to fulfil that protection against the actions of the administration are the main objects of the administrative law.
In this case, the question raised is whether the fundamental right of the petitioner was violated or infringed and what is the extent of executive power? The Supreme Court held that the action of the government did not amount to a violation of Article 19(1)(c) and 19(1)(g) of the Indian Constitution.
In this case, the Supreme Court followed the judgment delivered in the case State of Himachal Pradesh v/s A Parent of a Student of Medical College, Shimla, AIR, 1985, that while exercising the power of judicial review of administrative action the court is not an appellate authority. The Constitution of India does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the Constitution lies with the sphere of legislature or executive, provided these authorities do not transgress their constitutional limits or statutory powers.
In this case, the Supreme Court held that the order of the High Court and section 3(1)(b) of the Act as unconstitutional on the ground that it is invested towards the government with very wide discretion without any procedural safeguards as a person could have even be intervened in a place which could render him a destitute without any means of livelihood.
Frequently Asked Questions
What is the nature and scope of administrative law?
Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rule making (executive branch rules are generally referred to as “regulations”), adjudication, and the enforcement of laws.
What is the nature and scope of the rule of law?
Rule of law according to Dicey means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. It means the exclusion of the existence of arbitrariness on part of the government.
What is the nature and function of administration?
The nature of administration is bureaucratic- this statement is true. Administration can be defined as the universal process of efficiently organizing people and resources in order to achieve the organizational objectives. Board of directors of any company is normally concerned with Administration.
Nature and scope of administrative law is limited to law governing the powers and procedures of administrative agencies, particularly the law governing judicial review of the administrative actions.
Nature and scope of administrative law is the key factor for the smooth functioning of a Democratic Republic Country. The administrative law of the country regulates the relationship between citizens and government and protects the common man from arbitrary decisions of officials.