B.A. LL.B. (Five Years) Sem 5 Administrative Law 2020 Nov Question Paper with Solutions

2. K.C. Davis, in the United States, described it as the law about the powers and procedures of administrative agencies, especially the law of judicial review. He brings in procedure and puts the courts' control at the centre.
3. H.W.R. Wade saw it as the law about the control of governmental power. Its main purpose, for him, is to keep the powers of government within legal limits and so protect the citizen.
4. The Indian Law Institute added two matters that suit India. One is control of the administration by the legislature and other bodies, not only the courts. The other is the liability of the administration to the citizen.

A working definition. Administrative law is the branch of public law that deals with the organisation, powers and duties of administrative authorities. It also covers the procedure they must follow, the controls over them, and the remedies of a person harmed by their action.

So its scope is wide. It covers delegated legislation, administrative adjudication and tribunals, and discretion and its review. It also covers the writs, the liability of the State, public corporations and bodies such as the Lokpal.

The question of the Government's liability also arose in this period. In the P. and O. Steam Navigation case of 1861, the Government was held liable for an act done in a non-sovereign function. That distinction between sovereign and non-sovereign functions shaped the law for the next century. The Supreme Court later approved the case in Kasturilal (1964).

Stage 3: the Constitution of 1950

The Constitution laid a new foundation, which is the main difference between Indian and English administrative law.

1. Universal writ jurisdiction. Article 32 lets a person move the Supreme Court for the enforcement of fundamental rights, and that right is itself a fundamental right. Article 226 lets every High Court issue writs for any other purpose as well. Article 227 gives the High Courts superintendence over tribunals.
2. Written standards. Article 14 forbids arbitrary action. Article 19 allows only reasonable restrictions on the freedoms. Article 21 requires a fair procedure before life or liberty is taken.

A.K. Kraipak v. Union of India, AIR 1970 SC 150. A candidate sat on the board that selected officers for the Indian Forest Service while his rivals were judged. The Court held that natural justice applies to administrative inquiries too. The line between administrative and quasi-judicial power is hard to draw. The selection was set aside for bias.

Maneka Gandhi v. Union of India, AIR 1978 SC 597. The petitioner's passport was impounded "in public interest", without reasons and without a hearing. The Court held that a procedure under Article 21 must be "right and just and fair". Article 14 strikes at arbitrariness. Fairness became a constitutional rule for all State action.

S.P. Sampath Kumar v. Union of India, AIR 1987 SC 386, and L. Chandra Kumar v. Union of India, AIR 1997 SC 1125. These cases tested the Administrative Tribunals Act 1985, which took service disputes away from the High Courts. Sampath Kumar held that judicial review is a basic feature, and a tribunal may replace the High Court only if it is equally effective. L. Chandra Kumar went further. It held that the High Courts' powers under Articles 226 and 227 cannot be excluded. Tribunal decisions go to a Division Bench of the High Court.

A critical look

The growth has real strengths. Review under Articles 32 and 226 is wide and guaranteed by the Constitution. Natural justice, reasons, proportionality and legitimate expectation now apply to most State action.

There are also gaps. There is no general statute on administrative procedure, so the law depends on case law that can change. Tribunals have faced repeated questions about their independence, and the courts have had to correct Parliament more than once. The Lokpal took five years after its Act to be appointed. Remedies through the courts are slow and costly for ordinary people.

Conclusion. Administrative law is the law that defines the powers of the administration and keeps them within limits. In India it began with English writs and the sovereign function rule under the Company. The Constitution then gave it a guaranteed writ jurisdiction and written standards in Articles 14, 19 and 21. Since 1950 the courts have widened control from Kusaldas Advani to Kraipak and Maneka Gandhi. Statutes from 1952 to 2021 have added inquiries, tribunals, vigilance and the Lokpal. The next step is a general law of administrative procedure.