Administrative Law
What is Administrative Law?
A governmental body created by statute to implement and enforce laws, often possessing quasi-legislative, quasi-executive, and quasi-judicial powers.
Key points
- Understand the role and scope of administrative law.
- Identify the principles of natural justice and their application.
- Explain the concept and grounds for judicial review.
- Recognize the importance of proportionality and legitimate expectation.
Common exam trap
Confusing administrative law with constitutional law.
Definitions
- Term
Administrative Agency
- Meaning
A governmental body created by statute to implement and enforce laws, often possessing quasi-legislative, quasi-executive, and quasi-judicial powers.
- Term
Rule of Law
- Meaning
The principle that all persons and institutions are subject to and accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
- Term
Natural Justice
- Meaning
Fundamental principles of fairness that govern the exercise of power by administrative bodies, primarily comprising the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua).
- Term
Judicial Review
- Meaning
The power of courts to review the legality and fairness of decisions and actions taken by administrative agencies.
- Term
Ultra Vires
- Meaning
A Latin term meaning 'beyond the powers'; an action taken by an administrative body that exceeds its statutory authority.
Learning objectives
Understand the role and scope of administrative law.
Identify the principles of natural justice and their application.
Explain the concept and grounds for judicial review.
Recognize the importance of proportionality and legitimate expectation.
Analyze administrative actions for legality and fairness.
Prerequisites
Basic understanding of the Indian Constitution (especially separation of powers, rule of law).
Familiarity with fundamental rights.
Knowledge of basic legal terminology.
Common mistakes
Confusing administrative law with constitutional law.
Overlooking the procedural aspects of administrative decision-making.
Assuming administrative bodies have unlimited discretion.
Not understanding the scope and limitations of judicial review.
Keywords
Administrative Law
Public Law
Government Agencies
Rule of Law
Natural Justice
Judicial Review
Writs
Proportionality
Legitimate Expectation
Ultra Vires
Administrative Tribunals
Practice preview
Which of the following is NOT a primary function of Administrative Law?…
easy
The principle of 'audi alteram partem' in administrative law means:…
easy
Which of the following is a form of judicial review in administrative law?…
medium