Introduction to Administrative Law

Question 1

Who defined the American model of administrative law? What is the definition?

Answer 1

Defined by Kenneth Culp Davis. Administrative law is the law governing the powers and procedure of the administrative agencies, especially the laws relating to judicial review over the administrative action. It excludes all substantive law created by the agencies.

Question 2

What is an administrative agency according to the American model?

Answer 2

According to Kenneth Culp Davis, an administrative agency is a governmental authority that is not a judicial or legislative agency that has powers to affect private parties through rule making or adjudication.

Question 3

What is the old British definition of Admin Law?

Answer 3

According to Dicey, Administrative Law is that area of law that determines the legal status of all public officials, private individuals and their dealings with public officials, and the procedure in which they are enforced.

Question 4

Criticism of Dicey’s definition

Answer 4

According to M.P. Jain, Dicey’s definition is too narrow and reductive and leaves out major portions of the same.

Question 5

Modern definition of Admin Law

Answer 5

Jennings: Administrative law is the law relating to the structure, function and duties of administrative authorities.

Question 6

Proper Formulation of the definition of Administrative Law

Answer 6

1. Administrative law deals with the structure, power and functions of the organs of the administration
2. The limits of their power
3. The methods and procedure following by them in exercising their power
4. The methods by which control placed over them including legal remedies available to people against them when their rights are infringed by their operation

Question 7

Importance of Procedure in Administrative law

Answer 7

The third limb of the definition is the methods and procedure following by administrative agencies. The supreme Court has stressed on the importance of procedure: “‘It is procedural rules which infuse
life into substantive rights, which activate them to make them effective” Ratlam Municipality v. Vardhichand

Question 8

Control of administrative agencies in Admin Law

Answer 8

Fourth limb refers to the control over administrative agencies and authorities that are exercised by the judicial or quasi-judicial bodies etc. Tribunals and Ombudsmen. There are three propositions on which such control is based on

Question 9

Three propositions of control over administrative authority

Answer 9

1. Power is conferred by law
2. No authority can exceed its power
3. Power is not absolute and uncontrolled