Admin Law including RTI Unit 1 and Unit 2 ( not exhaustive)
Unit I
Unit I: Introduction to Administrative Law
1.1 Definition of Administrative Law
Administrative law is the branch of law that deals with the powers, duties, and functions of administrative
Characteristics of Administrative Law
Regulates Executive Actions – Ensures that administrative agencies function legally and efficiently.
Flexible and Dynamic – It evolves with changing governance needs.
Concerned with Public Welfare – Protects individual rights against arbitrary government actions.
Controls Delegated Legislation – Supervises rule-making powers given to administrative bodies.
Example:
A person applies for a passport but is denied without any valid reason. Administrative law allows the person to challenge this decision before a tribunal or court.
Case Law:
A.K. Kraipak v. Union of India (1969) – The Supreme Court held that administrative decisions should follow the principles of natural justice.
1.2 Nature and Scope of Administrative Law
Nature:
Public Law: Deals with the functioning of government agencies.
Remedial in Nature: Provides remedies to individuals affected by administrative actions.
Judicial Review Oriented: Courts ensure that administrative actions adhere to legal limits.
Scope:
Administrative law covers a wide range of government functions such as:
Rule-making (Delegated Legislation) – The power given to administrative authorities to make regulations.
Rule-enforcement (Administrative Tribunals) – Resolving disputes related to taxation, employment, etc.
Judicial Control (Judicial Review) – Courts review administrative actions to check for legality.
Example:
The government sets up the Telecom Regulatory Authority of India (TRAI) to regulate the telecom sector. Administrative law ensures that TRAI’s decisions are fair and lawful.
1.3 Causes for the Growth of Administrative Law
Expansion of Government Functions – Welfare state policies require increased regulatory bodies.
Need for Delegated Legislation – Allows swift law-making in technical areas.
Increased Public Participation – RTI Act promotes transparency in administration.
Judicial Recognition – Courts have upheld the importance of administrative oversight.
Example:
The rise of bodies like the Pollution Control Board to regulate environmental laws is a result of the growing need for administrative regulation.
1.4 Distinction between Administrative Law and Constitutional Law
Feature Administrative Law Constitutional Law Scope Governs actions of administrative bodies Governs the framework of government Source Derived from statutes, rules, and case laws Derived from the Constitution Example RTI Act, SEBI Regulations Fundamental Rights, Directive Principles 1.5 Rule of Law
Concept by A.V. Dicey
Dicey’s Rule of Law is based on three principles:
Supremacy of Law – Law is above all individuals.
Equality before the Law – Everyone is subject to the same legal rules.
Judicial Protection of Rights – Courts safeguard individual rights.
Example:
In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down unconstitutional amendments violating the Rule of Law.
1.6 Doctrine of Separation of Powers
Concept by Montesquieu
The doctrine ensures that the three organs of the government function independently:
Legislature: Makes laws.
Executive: Implements laws.
Judiciary: Interprets laws.
Example:
The judiciary striking down a law passed by the legislature (e.g., Kesavananda Bharati v. State of Kerala, 1973).
Unit II: Administrative Action & Delegated Legislation
2.1 Kinds of Administrative Action
Rule-making (Quasi-legislative) – Example: SEBI issuing guidelines.
Rule-decision (Quasi-judicial) – Example: Income Tax Tribunal deciding disputes.
Rule-application (Executive Action) – Example: Passport issuance.
Ministerial Action – Routine tasks like vehicle registration.
2.2 Delegated Legislation
Meaning: Power granted to administrative bodies to make laws.
Need: Efficiency, expertise, and flexibility.
Example:
Under the Environment Protection Act, the government delegates power to agencies to set pollution standards.
2.3 Constitutionality of Delegated Legislation
Limits: Cannot violate Fundamental Rights.
Judicial Review: Courts can strike down unconstitutional rules.
Case Law:
D.S. Nakara v. Union of India (1983) – Government rules must be reasonable and justifiable.
2.4 Control Over Delegated Legislation
2.4.1 Parliamentary Control
Scrutiny by committees.
Laying regulations before Parliament.
2.4.2 Procedural Control
Publication of Rules – Must be publicly available.
Consultation Process – Experts review regulations.
2.4.3 Judicial Control
Courts can declare rules ultra vires (beyond authority).
Case Law:
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