Administrative Law

Answer : The Delegated Legislation (DL) forms an essential part of today’s administrative law. With rising scope of Administrative Law, the scope of Delegated Legislation is also rising, despite its certain drawbacks.

The Delegated Legislation is nothing but delegation of legislative powers to executive. The need for specialisation, paucity of time and there are other factors which contribute for excessive delegated legislation.

The inevitability of delegated legislation, particularly in a welfare state, is beyond dispute.

Since delegated legislation is a necessary evil, and is likely to increase in volume, rather than diminish, in view of the complex social organization and vast developmental and promotional activities that a modern government undertakes, some safeguard and controls are necessary and desirable, to avoid usurpation of absolute power by delegated legislation.

The system of delegated legislation has come in for a lot of criticism, even denunciation, at the hands of critics. It has aroused moral fears, and led some thinkers to identify it with the virtual renunciation of democracy. The system of delegated legislation by parliament of powers of legislation is within certain limits necessary, at least as regards matters of details, because it is impossible, if only for want of time for parliament to deal adequately and in detail with all the matters calling, or supposed to call, for legislation. Sometimes, the empowering executive with enormous power and authority implies almost like giving a blank cheque. This is indeed, galling.

The drawbacks of Delegated Legislation are as follows:

1. It violates the principle of separation of powers among legislature, executive and judiciary.
2. It hampers the supremacy of parliament and thereby violates the principle of “No Taxation, without Representation.”
3. The delegated legislation can also amend even the parent law i.e. law which have given it these powers.
4. It can also put certain laws outside the purview of judiciary, thereby killing the scope of judicial review.
5. The delegated legislation can also legislate upon matters relating to taxation, which is a prime principle of parliament only.

Thus at last it can be said that Delegated Legislation is a necessary evil, because does not have the time to enact detailed legislation on all kinds of subjects on which lows can be made. Still, the delegated legislation is expanding and will continue to do so in near future.

Answer : Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and secondly, defines the rights and liabilities of private individuals in their dealings with public officials and thirdly, specifies the procedure by which those rights and liabilities are enforced. Now as the scope of public administration is changing and widening the content of administrative law is also changing.

First of all as the socio-economic functions of the state is growing so is the content of administrative law. Administrative law is the bye-product of the growing socio-economic functions of the state and the increased powers of the government. In modern times the public administration in a state has undertaken multifarious functions.

Besides the traditional functions the public administration is now doing various developmental and welfare functions. In this process enormous powers has to be conferred on the government and public administration. In these circumstances, the ordinary citizens were bound to come into direct contacts and confrontations with the administration. Administrative law is being increasingly developed to prevent the administration from degenerating into arbitrariness, unfairness and abuses of its powers.

Heavy industrialization, concentration of large sections of population in overcrowded cities create problems of housing, disease, smoke, insecurity of life that could not be ignored. The administration had to intervene in the interests of public safety and health, since state has today assumed the role of a material state. The multifarious activities of the state extend to social problems of men, such as, health, education, employment, old age pension and other operations of public utilities. This brought a change in the role of administration. To meet those requirements administration has to be armed with legislative and judicial powers, because for legislature it was practically impossible to work out details of every legislation with aptitude. It could only afford to lay down broad policies, while entrusting up on the executive the power to work out its details by making rules, regulations, orders, ordinances and directions, as it may deem necessary.

Scientific and technological developments have resulted in the creation of new problems like urbanization, environmental pollution, heavy transportation and traffic, automation and consequential effects on the problem of employment. Modernization of present society has given rise to new types of social and economic offences like concentration of wealth, adulteration, smuggling, tax evasion, labour problems and unhealthy commercial practices. All these problems necessitated a number of laws to be enacted and the powers of administrative authorities to be increased for their proper solution. In the process of fulfilling the need of great number of laws providing for a super-structure administrative powers, administrative law emerged as a subject of momentous significance.

The increased powers of administrative authorities warranted an effective control over their exercise. Too much power has in-built seeds of corruption misuse or abuse of power. It leads to negation of the right of people, rule of law and democracy. Here comes in the importance of administrative law, because it’s the administrative law which has the function of legitimization of due power and to control the misuse of it.

In brief the growing consciousness of the age, the increasing complexities of modern administration and incredible rise in the tempo of life caused by the manifold application of science and technology to the habits of life are responsible for the growth and development of administrative law. In short “today the content of administrative law is driven primarily by the scope of public administrative activity”.

Answer : Administrative Law in its widest sense implies the whole body of law relating to public administration. According to Bathelemy, Administrative Law is the sum total of the principles according to which the activity of services concerned with the execution of law is exercised. It is one of two great branches of the public law, the other being constitutional law.

James Hart divides the field of administrative law into the law of internal administration and the law of external administration. The law of internal administration elucidates the nature of public office or what Goodnow calls official relation.

Administrative law is that body of law, which concerns the functions of administration and the relations of the administrative authorities with individuals as well as the other authorities of the state. It does not however, deal with the organization of these administrative authorities and their internal problems, which come within the scope of public administration.

The various categories of administrative authorities whose powers, duties and liabilities are dealt with by administrative law are the government departments, public officials, statutory bodies, public corporations, administrative tribunals and local authorities. Administrative law deals with powers of these administrative authorities, the legal relationship
between such authorities and the individual and the justifiable rights of the individual as against the administration.

Although as law relating to the public administration, administrative law has existed in all countries at all times, its modern growth in the advanced industrialized countries has been so phenomenal and peculiar as to constitute in the words of professor Robson, ‘a new development’. This raises two questions. What have been the circumstances responsible for this exuberant growth and what is its nature or purpose, which may be regarded as peculiar to our times.

As for the causes of the growth, they are mainly to be found in the vast expansion of the functions of the government in recent times. The philosophy of individualism prevalent during the 18^th and 19^th centuries broke down under the impact of industrialization and urbanization of our modern civilization.

The individualist or laissez faire doctrine of state functions could work so long as there was a of cut and dried legal rules or precepts to be followed.

Answer : Delegated legislation implies law-making power conferred by parliament on the executive.

The inevitability of delegated legislation, particularly in a welfare state, is beyond dispute.

Since delegated legislation is a necessary evil, and is likely to increase in volume, rather than diminish, in view of the complex social organization and vest developmental and promotional activities that a modern government undertakes, some safeguard and controls are necessary and desirable, to avoid usurpation of absolute power by delegated legislation.

The system of delegated legislation has come in for a lot of criticism, even denunciation, at the hands of critics. It has aroused moral fears, and led some thinkers to identify it with the virtual renunciation of democracy. The system of delegated legislation by parliament of powers of legislation is within certain limits necessary, at least as regards matters of details, because it is impossible, if only for went of time for parliament to deal adequately and in detail with all the matters calling, or supposed to call, for legislation.

Answer : Dicey was not quite correct in his estimate of the nature and effects of what could be called the rule of law in England. In the first place, it was not true to say that the state and the citizens, in England, were governed by the same ordinary law of the country or that the state had no discretionary powers. Dicey’s statement that under the English ‘rule of law’ the administrative authorities and the private citizen and equality before law and the former possessed no special advantage is also incorrect.

Until the passing of crown proceedings Act of 1947, the crown was immune from liability in torts and even after that this liability is incomplete. Dicey’s third characterization of rule of law that the constitution instead of being the source of citizen’s rights is their result is also not quite correct.

Similarly it has been conclusively shown by later writers like J.H. Morgan, W. A. Robson and many others that Dicey and Lowell were wrong in their appraisal of the nature and effects of the Droit Administrative in France, in identifying a particular aspect of it with the concept of administrative law as such, and in denying on that ground the existence of administrative law in England and other countries following her system.

From the above discussion of Dicey’s view on Droit Administrative and rule of law, the conclusion emerges that irrespective of its recognition as separate body of law distinct from the ordinary law of land, and irrespective of the fact whether claims of citizens against the state and its officials and decided by a special system of courts or not, there is a system of administrative law in every country in the same way as there is a system constitutional law.

Sometimes, the empowering executive with enormous power and authority implies almost like giving a blank cheque. This is indeed, galling.

Thus at last it can be said that Delegated Legislation is a necessary evil, because does not have the time to enact detailed legislation on all kinds of subjects on which lows can be made.

Answer : As we know that courts are over burdened in country. So, to reduce this burden there are many administrative tribunals have been set-up to take the various cases for speedy redressal. As we know Central Administrative tribunal at central level and state administrative tribunals at state level. At central level we have different Administrative Tribunals like, Income Tax Appellate tribunal and Railway Rates Tribunal. Now these tribunals take up cases related to various aspects related to their respective departments and they disposed off cases with speed. This is very effective process which reduce burden of our courts and have various other utilities. Now, if the aggrieved party is not satisfied with the judgement of these tribunals they can move to higher courts.

Answer : Delegated legislation is one of the best known topics in the realm of Administrative Law, has close bearings on parliamentary government and power of the executive in General. Delegated legislation refers to the law-making power conferred by parliament on the executive. This term is also known as executive legislation. It is quite incorrect to suppose that delegated legislation is a phenomenon which characterizes the twentieth century only. The history of delegated legislation dates back to the sixteenth century.

However, it is to be clearly recognized that delegated legislation, or to be more accurate, the bulk of it, is a comparatively recent development. It is a manifestation of the positive role of the state. Governmental outlook has undergone a complete change of as a result of changes in social, economic and political ideas and changes in human lives brought about by successive advances in the fields of science and technology. State is no longer content with ‘sitting on the fence’. Its role is now positive and includes the management of the entire life of the people from ‘womb to tomb’, the overall aim being the conscious promotion of welfare of the population. This profound change in the conception of the function of government has had a far-reaching effect on the statute book. The parliament has not the time to pass immense number of detailed enactments to implement schemes of public administration.

Delegated legislation is the inevitable outcome of increasing burden on the legislature. It is directly related to Acts of parliament, “related as child to a growing child called upon the relieve the parent of the strain of overwork, and capable of attending to minor matters while the parent manages the main business.”

The inevitability of delegated legislation, particularly in a welfare state, is beyond dispute. This development owes itself to the following factors:

1. Pressure upon the parliamentary time: A welfare state postulates extensive legislative activity. The enormous volume of legislative business renders it imperative that of the parliament should enact laws, embodying broad principles, leaving details to be supplied by the executive departments. This delegation is inevitable despite the fact that parliament everywhere has raised the legislative output by increasing the working days, by using devices like guillotine closure, etc., to speed up the work, and by delegating minor legislative powers to the executive departments.
2. Scientific and technical character of the subject matter: Parliament is, generally speaking, a body of Laymen; its members are the representatives of the people, certainly not of the various fields of knowledge and learning. Therefore limitation on the ability of parliament to tackle scientific and technical matters.
3. Needs to secure flexibility: Need to secure flexibility in legislation, allowing for rapid adjustments to meet the local conditions results in delegating legislative power to the executive.
4. Need to provide for unseen contingencies: To cope with emergencies like war, pestilence, economic crisis, the government must take quick action. Delay in such matters is fatal. To wait until parliament passes a law authorizing necessary action to cope with the emergency is neither practicable nor sensible. Consequently, parliament grants legislative power to the executive to meet such unforeseen situation.

The cumulative effect of all these factors is an increased and continuously increasing volume of delegated legislation. The truth is, “the Donoughmore Committee remarks” that if parliament were not willing to delegate law-making power, parliament would be unable to pass the kind and quantity of legislation which modern public opinion requires.

As the factors responsible for the rise and growth of delegated legislation are universal and not confined to any particular government system, the delegated legislation is a universal phenomenon.

Delegated legislation saves parliamentary time without, in any way, undermining its overall responsibility. Since parliament needs not to go into minute details, it can better concentrate itself on major issues of policy and matter of principles. It is conducive to flexibility. It also permits of the utilization of expert knowledge. Parliament is a gathering of Laymen.

Answer : Administrative Law although has existed in all countries at all times, its modern growth in the advanced industrialized countries has been so phenomenal and peculiar as to constitute ‘a new development’. As for the causes of the growth, they are mainly to be found in the vast expansion of the function of the government in recent times. The philosophy of the individualism prevalent during the 18th and 19th centuries broke down under the impact of industrialization and urbanization of our modern civilization.

The industrial revolution led to a concentration of production into the hands of a comparatively small number of capital owners and thus made large masses of working people dependent on them for their livelihood and conditions of work. The equal and even distribution of economic power under each individual could be more or less self-helping and which was characteristic of the handicraft society disappeared. Urbanisation coming in the wake of factory system, produced a similar result in matters like house accommodation, water supply and free access to open air and sunshine. The rights of personal freedom and of property enshrined in the old law were no longer suited to the needs of the situation. The conception of the common good must limit or supersede them to the necessary extent.

Thus, the administrative law is that it subordinates the common law rights of personal freedom and private property to the conception of social or common good. To secure the latter it does not hesitate to place necessary restrictions on the former. It places more stresses on individual duties.

Answer : Delegated Legislation refers to law making power conferred by parliament on the executive. In its purest form, delegated legislation is a comparatively recent development. It is a manifestation of the positive role of the state. Governmental outlook has undergone a complete change as a result of changes in social, economic and political ideas, and changes in human lives brought about by successive advances in the field of science & technology. State is longer content with ‘sitting on the fence’. Its role is now positive and includes the management of the entire life of the people from ‘womb to tomb’, the overall aim being the conscious promotion of welfare of the population.

The parliament has not the time to pass immense number of detailed enactments to implement schemes of public administration. Delegated legislation isthe inevitable outcome of increasing burden on the legislature. It is directly related to Acts of parliament, “related as child to parent, a growing child called upon to relieve the parent of the strain of overwork, and capable of attending to minor matters while the parent manages the main business”.

The inevitability of delegated legislation, particularly in a welfare state, is beyond dispute. This is due to pressure upon the parliamentary time. A welfare state postulates extensive legislative activity. The enormous volume of legislative business renders it imperative that parliament should enact laws, embodying broad principles, leaving details to be supplied by the executive department. This delegation in inevitable despite the fact that parliament everywhere has raised the legislative output by increasing the working days, by using device like guillotine closure, etc, to speed up the work, and by delegating minor legislative powers to the executive departments.

Secondly, the scientific and technical character of the subject matter. Parliament is generally a body of laymen; its members are the representatives of the people, certainly not of the various fields of knowledge and learning. There are therefore, the limitations on the ability of parliament to tackle scientific and technical matters. Thirdly, the need to secure flexibility. Fourthly, need to provide for unforeseen contingencies. This is to cope with emergencies like war, pestilence, economic crisis, the government must take quick action. Delay in such matters is fatal.

The cumulative effect of all these factors is an increased and continuously increasingly volume of delegated legislation.

Answer : Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities and indicates to the individual remedies for the violation of his rights. Administrative law is that part of the public law which fixes the organization and determines the competence of the administrative authorities and indicates to the individual remedies for the violation of his rights.

Administrative law is an important and significant development of recent times. Its speedy growth has been largely due to a marked change in the role and function of the state. The endeavour of the state to secure justice-social, economic and political and equality of status and opportunities to all its citizens has led to a staggering increase in governmental functions. The wide spectrum of activities undertaken by the government to achieve the ideal of a welfare state has widened the scope and ambit of Administrative Law to a considerable extent as the exercise of authorities and power bestowed on the administration has to be watched, mentioned and controlled.

The developments in the physical and social, technology have largely enhanced the role of administrative officials in regulatory areas. The discretion of agencies increases public agencies find the exercise of discretion more difficult. It is noticed that the discretion exercised by many public employees in carrying out their daily tasks is much too unstructured and largely uncontrolled.

Discretion is exercised by public employees in applying law and policy to citizens. Discretion cannot be eliminated because it is necessary for flexibility and creativity in discharging the official function. Administrative law aims to provide legal limitation of uncontrolled discretion to ensure proper use of authority.

Answer : Administrative Law, shows a whole body of law relating to public administration. It is the law of official powers and responsibility or the law which determines the amount of discretion permitted to administrative officers and agencies.

The clear picture of Administrative Law as we observed can be seen in “France” polity, where there is a definite regulating material in terms of administrative point of view. But in India and England the concept of Rule of Law, and equal status before law indicate the equality of all civilians before law. But in these countries there are many laws which are related to the administrative body exclusively like issues of Public Servant, Court Marshal etc. governing the affairs of them. These laws although very systematic in dealing with power, and responsibility, complains, and public relation but a century of litigation and adjudication could not completely vanished the problems related to public administration. It is true that “law developed certainly in situation of public affairs as continued. It is like a living organism but the problem, and affairs which were matter of past todays it remains. Many simmering issues today also teasing the law makers. Like Administrative Obligation, Responsibility, Check over Corruption, control over political pressure, illegal actions and transfer, criminalisation in administrative affairs and so on always produce problems before the law makers of administrative law. So, what would be the authority limitation, how could a smooth relation could develop between public to administrator. Weather force or morality is responsible to maintaining the society is another questions which may provide the philosophical bases for law making process.

Answer : Administrative Law, shows a whole body of law relating to public administration. It is the law of official powers and responsibility or the law which determines the amount of discretion permitted to administrative officers and agencies.

The clear picture of Administrative Law as we observed can be seen in “France” polity, where there is a definite regulating material in terms of administrative point of view. But in India and England the concept of Rule of Law, and equal status before law indicate the equality of all civilians before law. But in these countries there are many laws which are related to the administrative body exclusively like issues of Public Servant, Court Marshal etc. governing the affairs of them. These laws although very systematic in dealing with power, and responsibility, complains, and public relation but a century of litigation and adjudication could not completely vanished the problems related to public administration. It is true that “law developed certainly in situation of public affairs as continued. It is like a living organism but the problem, and affairs which were matter of past todays it remains. Many simmering issues today also teasing the law makers. Like Administrative Obligation, Responsibility, Check over Corruption, control over political pressure, illegal actions and transfer, criminalisation in administrative affairs and so on always produce problems before the law makers of administrative law. So, what would be the authority limitation, how could a smooth relation could develop between public to administrator. Weather force or morality is responsible to maintaining the society is another questions which may provide the philosophical bases for law making process.