Each and every country makes certain rules and regulations for their country to function smoothly and to instill discipline among the citizens. This maintains and allows the authorities to take strict action if any crime or offense is committed. These rules are made by the judiciary and the administrative actions are controlled by the various writs mentioned under the Constitution . Those writs are Habeas corpus, Mandamus, Certiorari, Prohibition and Quo warranto. This administrative law makes the government work perfectly in the centre and state also.
This ensures public benefits as well. This is required for the implementation of rules and for making a good administration.
Administrative law has the power to regulate society. Administrative law puts limits and keeps control in the country regarding the actions that are made. This makes people bound by certain rules and regulations so that they can maintain and follow the strict mechanism for their own benefit itself.
Nowadays, administrative law has greatly developed and it regulates the legislation and government and does not allow the misusing of power provided to them. Though these laws are not codified and proper in nature, many have tried to define them, for instance, Holland, Austin, Ivor Jennings, etc. Acts like the National Labor Relations Board (NLRB) gives a right to the employees to form Unions. This board was created by the Act known as National Labor Relations Act 1935. This law is necessary and crucial for political, social, and constitutional developments. Administrative law is also known as the regulatory law because it regulates the laws.
Administrative laws are not codified, but they are based on the Constitution of India. It is a law which is made by the judges, it is hugely growing and expanding in the developing societies. It is based on both the individual and also public rights. Administrative law says about the powers and duties of the authorities. It provides natural justice and gives the public the ability to participate in the rulemaking process.
Administrative law regulates administrative actions by controlling administrative actions to judicial review.
Making law is the main function of the legislation. It means subordinate legislation by which powers are given to make laws to implement and deal with the primary legislation.
Delegated legislation provides 3 controlling abuse powers:
The parliament has control over the delegated legislation that is being delegated as it the law making body.
It is defined under the parent Act which is followed by the administrative law in case of making rules. Before the rules are implemented, let the public know about that, so that they can know if it will be beneficial for them or not. If it hampers their rights then they make representations.
For the determination of the legal validity of rules, the following aspects are looked at by the judiciary:
The judicial review makes the administrative agencies discipline when they exercise their powers.
Here, the court has the power to review the actions of the government. The judicial review had been brought about in the case of Marbury v. Madison and this case originated in England and India inherited this concept of judicial review from England. Judicial review is of 3 aspects in India. They are as follows:
Here the legislation is more concerned regarding the administrative action.
There are 5 writs that are available for the judicial review of the administrative actions. These writs are under Article 32 and Article 226 . These writs were borrowed from Britain. These implementations of writs made many developments. These writs safeguard the fundamental rights and also help in preventing the arbitrariness from threatening the very foundation of the Indian Constitution.
It means ‘if you may have the body.’ If a person has been detained for the commission of some sort of crime, he should be brought in front of the court with the detaining person being required to justify the reason behind such detention and the court then looking into the matter and deciding whether he committed the crime and whether the detention is lawful or unlawful. The constitutional law in the US puts forth that Habeas corpus writ has a privilege that it shall not be suspended, except in the cases of rebellion. Here, the person needs to be produced in the court at the time and place that has been mentioned or given.
This writ is applied so that justice can be given to a person and he can be saved from imprisonment if he can be proved to be innocent and falsely arrested, either due to misunderstanding or any other cause. Here, the person who is arrested can ask to give a proper reason regarding his detention. Habeas corpus is treated as a remedy for judicial review. But if he has actually committed the crime and there is evidence on it, then he shouldn’t be left at any cost and should be punished by the law and order which the court gives. Conditions that are required are, at the time of filing, the petitioner should be in custody, no other remedy can be applicable here and the problems or issues which have arisen are not yet resolved.
It is the same as that of a command or order. It is issued by the court to an authority for performing a public duty imposed by law. This is the courts’ order to the public authority for performing their duty correctly which are official duties. It means ‘we command’. Here a higher court gives an order to the lower court to perform their act which is their duty and which they have failed to perform on their part. This type of writ will not be claimed as a right. This mandamus is issued for guiding the government or person to perform their part of duty truly.
It means ‘to stop’ and it is mostly known as ‘stay order’. This is issued by a higher court for curbing the functioning of the lower courts and also to the tribunals, officers who are exercising judicial powers and affecting the rights of the citizens for restricting them from proceeding with the case which will not fall under such jurisdiction. This is issued against a judicial authority. Here, a lower court cannot act beyond the jurisdiction. This writ was addressed to a subordinate court for commanding. Writ of prohibition is hence not applicable to the judicial and quasi-judicial powers. The high court like the supreme court can only apply this writ if there is a hampering of fundamental rights. Prohibition can be applied in the presence and also in absence of the jurisdiction.
It means to be certified. Here, for proper consideration, the Supreme Court transfers the matter to any such authority who will be capable of doing it in a better way. But generally, certiorari requests are rejected. We can say that prohibition is allowed earlier and certiorari is available only after the order has been passed. This writ is applied to judicial and quasi-judicial bodies on the following grounds:
It is a legal action that can solve the problem that has arrived over the specific person who has the legal right to hold the public office. This is used to control the executive actions under certain statutory provisions. This writ implies what is your power. The writ procedures not just give control for making arrangements to public office against law.
This action is neither legislative nor judicial in nature. It is about concern regarding a particular situation. It sets no obligations for collecting evidence. When the administrative authority is exercising its power, it cannot ignore natural justice completely. Administration action needs to be impartial; in nature. The administrative law may be statutory because the constitution provides certain forces.
In this case , the court was of the view that to decide the activity of whether the action caused is quasi-judicial or administrative, one needs to see to who have the powers been given, and what are the consequences.
It originated to check on the administrative action. This is a part of the administrative system. This concept of ombudsman has the responsibility to take care of the interests and needs of the citizens. The office of the ombudsman was created by Sweden. It had full power in dealing with judicial, executive, and administrative activities. It also has the responsibility regarding civil affairs, both at the state and central level. It receives complaints from citizens, mental health hospitals, etc. This concept has been adopted by many countries like New Zealand, Spain, UK, Australia, the US, Canada, etc. Britain also has this concept which takes the complaints against the government from the public. This has been operated at both state and central levels. He can make the government pay the amount of loss or damage that has been caused to the complainant.
Administrative law has access to the citizens. It tries to solve the problem and tries to take care of the welfare of the people. Through judicial reviews, the court has control and checks the administrative law which is performed. If this law is ultra vires, then the court can provide remedies for such situations. Administrative law tries to maintain the powers, duties, and responsibilities of the administrative bodies. There are disputes which arise between the individuals and authority, and they are solved by the rules and regulations articulated under the broad umbrella of the administrative law. Since, this law has a unique nature, hence it is a procedural branch function. These agencies also help in forming the procedural rules.
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