Functions of Administrative Law
Administrative law plays a crucial role in regulating government actions, ensuring accountability, and protecting individual rights. It establishes legal frameworks for administrative agencies, defines their powers, and provides mechanisms for redressal in case of misuse of authority. Below are the key functions of administrative law in detail.
1. Regulating Administrative Actions
Administrative law defines the scope and limits of government authority. It ensures that public officials act within the boundaries of the law and do not misuse their powers.
Key Aspects:
- Every action of an administrative body must be legally justified.
- Decisions should not be arbitrary or discriminatory.
- Administrative bodies must follow fair procedures before making decisions.
Case Law:
- R.D. Shetty v. International Airport Authority (1979)
- The Supreme Court held that all state actions must be based on reasonability and non-arbitrariness.
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2. Protection of Fundamental Rights
One of the most critical functions of administrative law is to prevent government actions from violating fundamental rights of individuals as guaranteed under the Constitution of India.
Key Aspects:
- Ensures that government agencies respect Article 14 (Equality), Article 19 (Freedom of Speech), and Article 21 (Right to Life and Liberty).
- Provides remedies like writ petitions if rights are violated.
- Administrative orders can be challenged in court if they violate constitutional rights.
Case Law:
- Maneka Gandhi v. Union of India (1978)
- Held that any administrative action restricting personal liberty must be just, fair, and reasonable.
- K.S. Puttaswamy v. Union of India (2017) (Right to Privacy Case)
- Declared privacy as a fundamental right and restricted the government from arbitrarily collecting personal data.
3. Delegating Powers to Administrative Agencies
Administrative law allows delegated legislation, where Parliament or State Legislatures delegate certain powers to administrative bodies for efficiency and expertise in governance.
Key Aspects:
- Ensures that executive bodies have legal authority to make decisions.
- Limits excessive delegation to prevent misuse of power.
- Provides judicial review to ensure rules do not exceed constitutional limits.
Case Law:
- Avinder Singh v. State of Punjab (1979)
- Held that delegated legislation must conform to the parent law and cannot exceed its scope.
4. Ensuring Fairness in Administrative Decision-Making
Administrative law enforces principles of natural justice, ensuring that government actions are just and impartial.
Principles of Natural Justice:
- Nemo Judex in Causa Sua – No one shall be a judge in their own case (Rule against bias).
- Audi Alteram Partem – Every person has a right to be heard before an adverse decision is taken.
- Speaking Orders – Administrative authorities must give reasons for their decisions.
Case Law:
- A.K. Kraipak v. Union of India (1969)
- Stressed that principles of natural justice apply to both administrative and quasi-judicial functions.
- Union of India v. Tulsiram Patel (1985)
- Stated that the right to be heard is an essential part of justice.
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5. Preventing Abuse of Power & Ensuring Accountability
Administrative law provides checks and balances to prevent misuse of discretionary powers by public officials.
Key Aspects:
- Establishes mechanisms like judicial review to control excessive administrative actions.
- Government decisions can be challenged through writ petitions (Articles 32 & 226 of the Constitution).
- Ensures that public officials remain answerable to courts and the public.
Case Law:
- State of Bihar v. Subhash Singh (1997)
- Declared that any government action violating fundamental rights can be reviewed by courts.
6. Regulating Public Authorities & Public Sector Undertakings
Administrative law governs the functioning of government departments, municipal corporations, and public enterprises.
Key Aspects:
- Ensures that public institutions function efficiently and without corruption.
- Public sector enterprises like BSNL, Indian Railways, and ONGC must act according to legal norms.
- Prevents misuse of public funds and ensures accountability.
Case Law:
- Ramana Dayaram Shetty v. International Airport Authority of India (1979)
- Held that public authorities must act in a fair and non-arbitrary manner.
7. Providing Remedies Against Administrative Actions
Administrative law provides legal remedies for individuals who suffer due to wrongful government actions.
Available Remedies:
- Writ Petitions:
- Habeas Corpus – Against illegal detention.
- Mandamus – Directs authorities to perform a duty.
- Certiorari – Quashes unlawful orders.
- Prohibition – Stops lower courts from exceeding jurisdiction.
- Quo Warranto – Challenges illegal appointments in public offices.
- Administrative Tribunals:
- Provide speedy justice in administrative disputes.
- Example: Central Administrative Tribunal (CAT) for government employees.
Case Law:
- L. Chandra Kumar v. Union of India (1997)
- Held that administrative tribunals must be subject to judicial review.
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8. Controlling Government Contracts and Public Procurement
Administrative law regulates public contracts and tenders to prevent corruption and favoritism in government deals.
Key Aspects:
- Ensures transparency in government contracts.
- Prevents misuse of public money.
- Requires fair bidding procedures for public projects.
Case Law:
- Tata Cellular v. Union of India (1994)
- Laid down the principles of transparency and fairness in public contracts.
9. Regulating Public Interest Litigation (PIL) & Social Welfare
Administrative law facilitates Public Interest Litigation (PIL), allowing citizens to seek justice for social causes.
Key Aspects:
- Allows citizens to file cases for environmental protection, human rights, and corruption issues.
- Encourages judicial activism to ensure good governance.
Case Law:
- M.C. Mehta v. Union of India (1987) (Oleum Gas Leak Case)
- Strengthened environmental laws and government accountability.
- Vishaka v. State of Rajasthan (1997)
- Led to the formulation of guidelines on workplace sexual harassment.
10. Promoting Efficiency in Administration
Administrative law streamlines government operations, ensuring that administrative decisions are quick, fair, and efficient.
Key Aspects:
- Encourages digitization and e-governance.
- Reduces bureaucratic delays in decision-making.
- Improves service delivery in government departments.
Case Law:
- Common Cause v. Union of India (1996)
- Directed the government to reduce corruption and inefficiency in public offices.
Conclusion
Administrative law serves as a bridge between government authorities and citizens, ensuring that governance is fair, transparent, and accountable. It protects individual rights, prevents abuse of power, and promotes efficiency in administration. Through judicial review, natural justice, and public interest litigation, it safeguards democracy and the rule of law.
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