Administrative Law
History tells that societies and civilizations can survive without science and technology but not without administration. Administrative Law aims to ensure that the policies, rules, regulation and legislation formulated for public good are not misused.
Administrative Law and Constitutional Law
Before the 21st century, administrative law was considered a part of Constitutional Law. However, there has been a clear distinction in the subject matter of their respective studies in recent times. Administrative law aims to keep a check on the actions of the Government when dealing with the procedures affecting the rights of citizens. On the other hand, Constitution law clarifies the scope of rights and duties of citizens and the government.
Objections to Growth of Administrative Law
Throughout the growth of the human civilization post 16th century, in the times when the laissez faire (allow to do) economy had just entered and in the golden Victorian era, the scope of the Government intervention has always been in question.
One line of argument was that the Government should not merely watch the plight of its citizens and instead come forward and protect the less privileged. This was the era of paternalism.
Another line of thought was that it is not just protection which is the dharma of the Government. As the mother takes care of her child, the State must take care of its citizens and with this evolved the era of maternalism.
In the 21st century, another shade of opinion evolved, which suggested that the people must be left free as the importance was given to 'individual freedom'. It was expected that the Governmental administration will recede. While the State's function as a businessman or entrepreneur has decreased but the State's function as a provider, facilitator, regulator still occupies a very high position in public order especially in the context of developing and least developed countries.
A two-fold criticism with the aid of philosophical concepts was directed against the growth of administrative law. In England, while rule of law was the weapon used, in the United States, the doctrine propounded to check the growth of Administrative Law was separation of powers.
Types of Administrative Action
Administrative action can be of four types:
1. Administrative Legislative Action
Wherein the administration puts on the hat of the legislature simply because it is not practically possible for any legislature in the world to legislate so perfectly that their laws are able to cover the possibility of all kinds of conflicts which can arise out of a decision even if the Members of Parliament sit for all days in a year. Administrative legislative action includes rule-making action as well as delegated legislation. Many decisions can be taken only by the grass root authorities and there are practical limitations on every legislative organ, making it impossible to legislate on all kinds of possibilities.
2. Quasi-judicial action or administrative adjudicatory action
In these cases, the administration performs functions which can be put under the judicial domain as there is some adjudication on legal rights of the individuals involved in the matter.
3. Simply Administrative Action
Of all the actions undertaken by administrative authorities, other than the two types of actions mentioned before, the rest are called 'Administrative Actions' which essentially deal with execution of crucial administrative decisions.
4. Ministerial Action
In administrative action, there is discretion to the administrative authority (that is, the authority has the right to exercise his/her own understanding and discretion in dealing with the matter) but in those actions which are copybook action and no discretion is vested with the authority (that is there is only one way of performing that action), such action will be called purely administrative action or ministerial action.