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Class –LL.B (HONS.) IV SEM. Subject – Administrative Law ADMINISTRATIVE LAW I) Administrative Law-Meaning – Sir Ivor Jonning defines Administrative Law as the Law relating to administration. It determines the organization, powers and duties of administrative authorities. According to Dr. F.J. Port-“Administrative law is made up of all these legal rules either formally expressed by statute or implied
    Class – LL.B (HONS.) IV SEM. Subject –  Administrative Law 1 II) Nature and Scope of Administrative Law-  Nature - Administrative law is study of multifarious powers of administrative authorities and the nature of their power can be studies under the following three heads-   I) Administrative Law-Meaning   –  Sir Ivor Jonning defines Administrative Law as the Law relating to administration. It determines the organization, powers and duties of administrative authorities. According to Dr. F.J. Port- “Administrative law is made up of all these legal rules either formally expressed by statute or implied in the prerogative-which have as their ultimate object the fulfillment of public law. It touches first the legislature, in that the formally expressed rules are usually laid down by that body; it touches judiciary, in that (a) there are rules which govern the judicial action that may be brought by or against administrative person, (b) administrative bodies are sometimes permitted to exercise judicial powers: thirdly, it is of course essentially concerned with the pra ctical application of Law.”  The Administrative law deals with composition and powers of different organs of administration, the procedure with the administrative authorities shall adopt in the exercise of their powers and the various modes of control including particularly judicial control over the different kinds of powers exercised by the administrative authorities. In short the administrative law deals with the powers, particularly quasi-judicial and quasi-legislative of administrative authorities along with their executive powers and their control.     Legislative or Rule-Making.   Nature of Administrative Law ( Administrative authorities and the nature of their power )   Purely Executive.   Judicial or Adjudicative   Freiedmann, while dealing with the nature and scope of Administrative law says that Administrative law includes the law relating to- (i)   The legislative powers of the administration, both at common law and under statute; (ii)   The administrative powers of the administration, both at common law and under a vast many of statutes; (iii)   The judicial and quasi-judicial powers of administration, all of them statutory; (iv)   The legal liability of Public authorities; (v)   The power of the ordinary courts of supervise the administrative authorities.  ADMINISTRATIVE LAW      Class – LL.B (HONS.) IV SEM. Subject –  Administrative Law 2 III) Scope –  The province of Administrative law consists of the following- IV) Growth of Administrative law in India-  In India a system of both administrative legislation and adjudication were in existence from very early time. But in early British India, executive had the overriding powers in the matter of administration of justice During the British rule in India, the executive was invested with such wide powers to make rules as a modern democratic legislature cannot even imagine. In that period though the court had ample powers to set aside an administrative action,   Scope Existence of various administrative bodies- such as, Wage-board, Central Board of Revenue, Commission of Inquiry and Advisory Boards, Tariff Commission, etc.   Rule making power of administrative agencies-  i.e. delegated legislation; safeguard against abuse of power and judicial control.   Judicial functions of administrative agencies like Administrative tribunals-  i.e., claims Tribunals Industrial Tribunal, the Income Tax Appellate Tribunal performing judicial functions.   Remedies- Various remedies like writs of Mandamus, Certiorari, Prohibition etc., injunction, declaration etc. are available to prevent excess any abuse of power.   Procedural guarantees-  The concept of procedural guarantee include the rules of nature justice.   Government Liability- The Union and State Governments are liable under torts as well as control for the wrongs committed by their servant and agents.   Public Corporation- It includes liability ad legal responsibility of public corporation.      Class – LL.B (HONS.) IV SEM. Subject –  Administrative Law 3 yet paid great respect and attention to their decisions. Judicial relief was available only when the administrative remedies were exhausted. V) Sources of Administrative Law in India VI) Is Administrative law inconsistent with Rule of Law? - Administrative law is not inconsistent with rules of law. Administrative law checks and controls the discretionary powers of administrative authorities. VII) Droit Adiministratif-  Droit Administrative can be defined as a body of rules which determines the organization and the duties of public administration and which regulate the relations of administration with the citizens of the State. ***   The Law Commission in its XI Vth Report has traced the reasons for the growth of administrative law in the following words- “Society in the 20th century has become exceedingly complex and governmental functions have multiplied. The change in the scope and character of the Government from negative to positive, that is, from the laissez faire to the public service state has resulted in the concentration of considerable power in the hands of the executive branch of Government.   Constitution   Sources of Administrative Law in India Statutes   The administrative law and rule of law are not opposed to each other but on the other hand go parallel with a common objective of achieving an orderly government.      Class – LL.B (HONS.) IV SEM. Subject –  Administrative Law 4 I) Doctrine of Separation of Powers-  The doctrine of separation of power can be traced to Aristotle. But it was formulated for the first time by the French jurist. Montes Eviu. In India, we have three organs to function properly as below - i) Executive = to implement the law ii) Judiciary = to interprete the law iii) Legislature = to make the law According to Wade and Phillips the theory of separation of powers signifies the following three different things; II) Doctrine of Separation in India-  In India, the doctrine of separation cannot claim any historical background. The doctrine of separation of powers has also not been accorded a constitutional status. In the constituent Assembly, Prof. K. T. Shah, who was a member of the Constituent Assembly made a proposal to incorporate the doctrine of separation of powers into the constitution, but the Assembly did not accept it.   That the same person should not form part of more than one of the three organs of the government;   Doctrine of Separation of Powers That one organ of the government should not exercise the functions assigned to any other organ.   That one organ of the government should not interfere with any other organ of the government;   Though, the doctrine of powers, in its absolute, rigidity, is not inferable from the provisions of the constitution, Article 50 of the constitution provides that the state should take steps to separate judiciary from the executive in all the states of the Union. But even then it cannot be said that Art 50 have incorporated the whole doctrine. Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidly but the functions of the differentiated parts or branches of the government have been sufficiently differented and consequently it can be very well said that our constitution does not contemplate assumption by one organ or part of the state of functions that essentially belongs to another.   Separation of power means all this three organs should not interfere in the working of each other. DOCTRINE OF SEPARATION OF POWERS  
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