CLASSIFICATION OF ADMINISTRATIVE LAW FUNCTIONS BY KANIKA BHATIA

 

INTRODUCTION

Administrative law is the body of law that governs the activities of administrative agencies  of government. Government agency action can include rule making,adjuction or the enforcement of a specific regularity agenda.

Administrative law deals with the decision-making of such administrative units of government as tribunal ,bonds or commissions  that are part of a national regularity scheme in such areas as poilice law international trade manufacturing the environment,taxation, broadcasting,immigration and transport.

Administrative law involves the administration and regulation of federal and state government agencies.

Government agencies have purview over a wide variety of economic functions, such as telecommunications, the financial market, and social issues, such as instances of racial discrimination.

OBJECTIVES

To protect the interests as it interacts with the government because as citizens, we interact with the government often.

Its main aim is to provide a formula for preventing abuse, non-use, of power by administrative authorities, and thus provide a mechanism for government, that is transparent and accountable.

PURPOSE

To check abuse of administrative power.

To ensure to citizens an impartial determination of their disputes by officials so as to protect them from unauthorized encroachment of their rights and interests.

To make those who exercise public power accountable to the people.

PRINCIPLES

Administrative justice-which at its core, is a philosophy that in administrative decision making the rights and interests of individuals should be properly safe guarded.

Executive accountability-which has the aim of ensuring that those who exercise the executive (and coercive) powers of the state can be called on to explain and justify the way in which they have gone about that task.

Good administration– Administrative decision and action should conform to universally accepted standards, such as rationality, fairness, consistency and transparency.

CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS

FIRST

Rule-making action or purely-legislative action: are the actions in where the power of law-making is delegated to the authority’s below them by which they can formulate new law’s which are suitable for the better running of the institution’s or classes.

The Law Making in shape of Rules and Regulations by any Administrative / Executive Authority under Delegated Legislation.

 

SECOND

Rule-decision action or purely-judicial action: is the action in which decision making power is delegated to the organs below by which they can make the right decision more clearly, effectively, and in a fast or smooth way.

When any administrative / executive authority other Then court performing the function of Judiciary. (Proceeding against Civil Servant) in a department. Proceeding against students in college or university etc.

1.JUDICIAL:The judiciary branch of the country has the responsibility to deal with the administration of justice. Judiciary is a guardian of the Constitution and it safeguards all of the rights of citizens which are given to them by the constitution of our Country. The apex body in the judiciary is the Supreme Court.

 

 

2.QUASI-JUDICIAL:Quasi” means “not exactly”. Basically an authority is called a quasi-Judicial when it has some essence of the functions of the judicial organs of the country but authority is said to quasi-judicial only when some feature of the judiciary is allotted to them for better functioning of the task not more than it.

 

THIRD

Rule-application action or purely administrative action:

An administrative authority is not permanently to be bound by the ideology of natural justice unless the statute casts such duty on the authority,either expressly or by necessary implication or it is required to act judicially or fairly.

If there is an administrative order passed which is not able to prove it’s reasonably beyond doubt, it can be held invalid on the terms of vague.

The privilege writs such as certiorari and prohibition are not always readily sanctioned by the courts against administrative actions.

 

1.ADMINISTRATIVE DISCRETION:discretion is basically choosing one from the availability of various vacant substitutes.

 

2.MINISTERIAL ACTION:is those duties performed by the group of support that is allocated with the task to overcome or hinder easily by any choice or judgment.In ministerial action the superior authority assigns the tasks to lower authorities as the collection of revenue is an e.g. of ministerial actions by the officials.

3.ADMINISTRATIVE INSTRUCTION:is the form of issuance of strength to issue order flow from the general executive to the administration.As Administrative instruction’ is to be considered as the best and effective way to attain uniformity inactions of the administration.

 

 

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