This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.

1. ADMISTRATIVE LAW
Presented By
Pratik B Gadekar
(152200030)

2. Administrative Law
 Definition : -
◦ Administrative law deals with the powers and functions of the administrative
authorities , the manner in which the powers are to be exercised by them and the
remedies that are available to the aggrieved persons when those powers are
abused by these authorities.

3. Administrative Law
 Administrative law deals with :
 The powers and functions of the administrative authorities
 The procedure to be followed by these authorities in exercising
such powers.
 The remedies available to the aggrieved persons , when the
authorities abuse the powers.

4. Need for the growth of administrative law
 Change in the philosophy as to the role played by the state .
 Inadequate judicial system –
◦ Judiciary was slow , costly, un expert , complex and formalistic.
◦ Overburdening of judicial system- speedy disposal was not possible
- resulted in strikes and lock out in disputes between employers
and employees.
◦ As a result , industrial tribunals and labor courts were established –
they possessed techniques and expertise to handle these complex
problems.
◦ Tribunals are not courts but executive authorities having judicial
powers.

5. Need for the growth of administrative law
 Inadequate legislative process –
◦ The legislative process was also inadequate. Legislature had no time and
technique to deal with all the detailed rules and procedure.
◦ Detailed procedure made by the legislature were found to be defective and
inadequate.
◦ All these resulted in the delegation of some legislative powers to the
administrative authorities.
◦ When rule making is done by the executive branch it is known as
delegated legislation.

6. Need for the growth of administrative law
 Scope for experiments –
◦ There is scope for experiments in administrative process
◦ A rule can be made , tried for some time and if it is found defective
it can be altered or modified within a short period.
◦ Thus , legislation is rigid in character while administrative rule
making is flexible.

7. Need for the growth of administrative law
 Preventive measures -
◦ Administrative authorities can take preventive measures- licensing ,
rate fixing etc.
◦ They can also take effective measures for enforcement of
preventive measures like, suspension, revocation or cancellation of
licenses , destruction of contaminated articles etc. These are not
generally available through regular courts of law.
◦ In most cases , such preventive actions prove to be more effective
rather than punishing a person after he has committed a breach of
any provision of law.

8. Administrative law - significance
 It is very significant because if it did not exist then the very concept of
having a democracy and a government to work for the people would be self
defeating because then there would be no responsibility or accountability of
the public officials to anybody and the administration would run arbitrarily
thus creating a huge monster that would eat up the very system. There would
be an upset in the balance in areas such as police law, international trade,
manufacturing, environmental, taxation, broadcasting, immigration, and
transportation,etc.

9. Changing role of the state and its impact on
administrative law
 Increasing trend towards privatization - resulting in a shrinking of the role of
the State.
 Some even argue : “Less Government is Good Government”
 But , even as role of State as service provider is shrinking , its role as a
Regulator is retained and reinforced in a liberalized and privatized economy.
 Governmental interventions in the form of price fixation, laying down
conditions of license , presence of nominees on the Board of Directors of
private enterprises , and regulatory authorities with enormous powers (TRAI ,
Electricity Regulatory Commissions)

10. Delegated legislation
 Traditional theory of the separation of powers – law-making is primarily the
function of the legislature.
 But a strict adherence to this has become inpossible in a modern Welfare State
due to :
Volume of work – unable to cope up with
Baffled by the complexity of the subject matter of legislation
 Therefore the legislature was compelled to delegate part of the law-making
functions to the executive.
 The legislature does not abdicate its essential function but only authorizes a
delegate to perform some subsidiary part of that function.
 This helps , atleast in theory , to keep alive the doctrine of separation of powers.

11. Delegated legislation
 The fact that the executive when making a law is acting as a delegate of
the legislature has given rise to the term ‘delegated legislation’ , and the
thought that such legislation is subordinate to the laws made by the
legislature has resulted in another term “subordinate legislation”.
 Modern writers , however , prefer the term Administrative delegation to
denote the exercise of law-making power by the executive.

12. Delegated legislation
 The term delegated legislation may be used in two senses :
1. Exercise of the legislative power delegated to a subordinate authority by
the legislature ; or
2. The subsidiary rules that are made by the subsidiary authority in
pursuance of the power delegated to it by the legislature.
In administrative law , we are more concerned with the exercise of law-
making power by the administration , so the first meaning will be more
applicable.

13. Reasons for development of Delegated legislation
 Attributed partly to the development of Welfare State and partly to the need
to cope with emergencies of various kinds.
 Following factors stress the necessity for delegation :
◦ Pressure upon parliamentary time is great.
◦ The subject matter of modern legislation is very often of a technical nature.
◦ Impossible to foresee all contingenceies and local conditions for which
provisions must eventually be made.
◦ Is valuable because it provides for a power of constant adaptation to
unknown future conditions without the necessity of amending legislation.

14. Reasons for development of Delegated legislation
 Following factors stress the necessity for delegation :
◦ This practice permits the utilization of lessons learnt from experience.The
advantage of this in matters such as Town Planning is too obvious.
◦ In a modern State , there are many occasions when there is a sudden need
of a legislative action . For many such needs , delegated legislation is the
only convenient or even possible remedy.
◦ It is vital for the Parliament to arm the executive Government in advance
with almost all plenary powers to meet occasions of emergency which
affect the whole nation.

15. Criticism of Delegated legislation
 The present criticism about delegated legislation is mainly based on the
following arguments :
◦ Very wide powers may be delegated by the legislature. This will result in
unreasonable action by the executive and endanger civic and personal
liberties.
◦ Control of delegated legislation by the legislature and the judiciary is not
effective. There is a danger that the servant may be transformed into the
master.
Important to note that these arguments do not challenge the necessity of
delegation , but only emphasise the need to limit the power of delegation
and also to introduce effective controls on the exercise of powers.

16. Methods of delegation
 Power to fill in details
◦ Most common type of delegation
◦ Lack of time and difficulty to foresee further contingencies justify this
type of delegation.
◦ The usual formula is to state in Act that the Govt may make rules to
‘carry out the purposes of the Act’.
◦ Also called skeleton legislation , because the legislature makes the law
in a skeletal form , and it is the executive which provides flesh and
blood to this skeleton.

17. Methods of delegation
 Power of Inclusion and Exclusion
◦ The legislature makes the law , but the power to bring individuals ,
institutions or commodities within the purview of the stature or to exempt
them is delegated to the executive.
◦ If these are not followed , then the delegation is liable to be struck down.

18. Methods of delegation
 Power to Impose Tax
◦ Though taxing power as such is not delegated to the executive , various methods
are now adopted which pass on the effective powers to impose tax to the executive .
Generally done by 2 methods :
 A power to bring certain transactions or commodities under the tax or to exempt
from tax is delegated. (similar to the power of inclusion discussed above)
 The power to fix the rates of tax is delegated to the executive . Generally the
statute fixes a maximum limit and allows the executive to vary the rates within
that limit.

19. Methods of delegation
 Power to Modify the Statute
◦ Considered the most drastic form of delegation .
◦ The power to modify a statute is conferred on the executive for
making necessary adjustments while extending it to new areas.
◦ The most widely criticized form of delegating amending powers is
called the Henry VIII Clause .
◦ Here the legislature gives powers to the executive to make
modifications in the Act to meet any difficulties.
◦ This clause can be found in India in many statutes .

20. Methods of delegation
 Power to Bring an Act Into Operation
 Power to extend the application of the Act
 Conditional Legislation
◦ Considered the most drastic form of delegation .
◦ The power to modify a statute is conferred on the executive for making
necessary adjustments while extending it to new areas.
◦ The most widely criticized form of delegating amending powers is called the
Henry VIII Clause .
◦ Here the legislature gives powers to the executive to make modifications in the
Act to meet any difficulties.
◦ This clause can be found in India in many statutes .

21. THANK YOU …