Ascent’s Administrative Law (With Right to Information Act, 2005) by Dr. Ashok Kumar Jain.

Ascent’s Administrative Law (With Right to Information Act, 2005) by Dr. Ashok Kumar Jain.

Description:

Administrative law is a branch of public law that governs the activities, powers, and procedures of government administrative agencies and the executive branch. Its main goal is to ensure these authorities act lawfully, fairly, and in the public interest, preventing the misuse or abuse of power.

Key Principles

Several core principles underpin administrative law:

• Rule of Law: Government actions must comply with the law, and everyone is subject to the law.
• Natural Justice (Procedural Fairness): Ensures fair, impartial, and transparent administrative decisions, including the right to a hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua).
• Accountability and Transparency: Administrative bodies are accountable to the public and judiciary, with mechanisms like the Right to Information Act promoting openness.
• Judicial Review: Courts review administrative actions to ensure they adhere to constitutional and statutory requirements, considering legality, rationality, and proportionality.

Sources of Administrative Law

Administrative law comes from various sources:

• The Constitution: The foundational source, providing the government framework and enabling judicial review.
• Statutes: Laws passed by legislatures that give powers and duties to agencies.
• Delegated Legislation: Rules and regulations created by agencies under legislative authority.
• Judicial Decisions: Court rulings that interpret and shape administrative law, particularly regarding natural justice and judicial review.
• Administrative Directions: Non-binding guidelines from authorities for consistent policy application.

Functions of Administrative Agencies

Administrative agencies perform functions that can be categorized as:

• Rule-making: Creating regulations to implement laws.
• Adjudication: Resolving disputes through hearings and tribunals.
• Enforcement: Carrying out daily administration, investigations, and licensing.

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