Administrative Law:

Definition: Garner's definition is specific. Administrative law is i) a study of institutions and administrative process ,ii) the sources of
governmental legal powers, iii) provisions or methods to deal with persons, grievances & appropriate remedies, iv) the public
corporations and v) administration of local government & general principles applicable to local authorities.

Nature & Scope : Administrative law mainly deals with the powers & duties of administrative authorities, and the various remedies
available to affected persons. Under welfare state, there is a tremendous increase in state activities in keeping with the techonological &
scientific developments. As Roland says "before the days of the Automobile, there was no need for policeman to direct traffic", because
there was no traffic!

With the increase in State activities, grew the necessity to exercise powers: the administrative & executive powers were enlarged,
delegated legislation also developed in the form of rules, regulations bye-laws, notifications etc. Administrative Tribunals started
exercising Judicial functions to resolve disputes.

The Administrative authorities are empowered with discretionary powers. If these are properly used, there will be the welfare state,. If
abused there will be totalitarian state (Lord Dennings). Hence, administrative law defines and demarcates these powers and also provides
for remedies to the affected persons, when there is abuse.

This exercise of considerable power, is the main cause for growth of administrative law. The trend is to reconcile freedom & Justice of
persons, with the necessities of implementing social & economic policies. In this regard, liberty & personal freedoms are to be
safeguarded within the frame work of the constitution of India.

In this context, Judicial review of administrative action, prevention of mis-use or abuse of power and provisions for suitable remedies form
the basic principles of administrative law.

It is true to say with Bernard Schwartz, that "the goal of administrative law is to ensure that the individual and the state are placed on a
plane of equality before the Bar of Justice".

Separation of power Theory: - The theory of separation of powers was enunciated by Montesquieu in his book. The Spirit of the laws
(De L' esprit de lois) (1748).

He made a scientific division of the powers of the State as Legislative Executive & Judicial powers. He maintained:

‘These three must be vested in three distinct & different authorities, if the Liberty of the individual is to be guaranteed’.

Having thus laid the foundation he pointed out that there was no liberty when the legislature & executive powers were in one Authority,
(legislator should not be the executive) Again there is no liberty if judiciary is not separated from the legislative & Executive functions. If
the Judicial & Legislative powers are joined the liberty would be subjected to arbitrary control, (Judge would be the legislator), if it is
joined with Executive the judge might behave with oppression & violence. There would be an end of everything, if all the powers are in
one Authority. This theory gained currency, as it was based on the protection of individual liberty. The aim is, not to create absolute
barriers but to impose mutual restraints in the exercise of powers by the three organs of the state- Parliament, Executive & Judiciary.

India: The Constitution has vested the Executive power in the president (or the Governor). There is no such vesting in the legislature or
the Executive. Act 51 enjoins separation of the Judiciary from the Executive. The supreme court in re Delhi Law Act case" opined that the
essence of modern separation of powers was found in the concept of constitutional limitations and trust. e.g. (i) Ordinance making power
of the president (Act 123), (ii) Judiciary making its own Rules of procedure (iii) A Minister sitting as chairman of a Board to hear petitions.
(iv) Delegations of legislative power to subordinate law making bodies etc. In Ram Jawaya V. St. of Punjab the supreme court held that no
organ of the state should exercise functions that essentially belong to the other.

In Keshavananda Bharathi's case the court held that separation of powers was part of the basic structure of constitution & even under Act
368, it cannot be amended. Thus Parliament should respect & preserve the courts: Courts should not enter into political problems : such
mutual checks and balances have become the core of separation of powers in modern constitution.

The sum & substance is that the essential functions of the legislature. Executive, and the Judiciary should not be exercised by the
others.
Doctrine of Delegated Legislation.

Meaning: The maxim delegatus non-portest delegare means a delegated power should not be re-delegated. The Parliament is the
Delegated authority of the people i.e, to declare what the law shall be. This power [Link] be exercised only by the Parliament and should
[Link] delegated to the executive or any other authority.

Parliament cannot create a parallel legislature to destroy its legilative power. Though this is true in principle, in reality delegation has been
resorted to in U.K., U.S.A., India etc.

Delegated Legislation is generally understood to be the "legislation" made by any authority other than the Parliament or state legislature,
but this duty entrusted by the "Act" passed by the Parliament or State legislature to the said authority. This is the subordinate authority
which makes "subordinate legislation" within the limits prescribed by the parent Act.

E.g : Payment of Bonus Act enables "Central Govt", to exempt certain establishments on certain considerations.

The Minimum wages Act has enablled the central Govt to add any other establishment to the schedule, to apply the Act.
The exercise of this by Govt is delegated legislative authority and is valid under delegated legislation.
Apart from this, delegated legislation also means the rules, regulations, Bye laws, orders etc, made by subordinate Authority. Thus, the
parent Act is made by the Parliament or State legislature, and a subordinate authority makes delegated legislation.

Necessity: The necessity for this delegation may be accounted for as follows:
1. The bulk of modern legislation is so great that the Parliament has neither the time or energy, not the desire, to go into details. The
Parent Act is made by it called skeleton & the details are filled in by the appropriate subordinate legislative body- which gives flesh and
blood to the skeleton law. (Child legislation).
2. Laws requiring technical details are best attended by leaving them to the experts.
3. There are many advantages in the 'sub-laws' as the authority may make modifications, depending on the contingencies, of course,
within the frame-work of the Parliament's Law. This has relieved the Parliament of making law each time a change is required.
4. The Committee on Minister's powers succintly described: 'The truth is that if Parliament were not willing to delegate law-making
power', Parliament would be unable to pass the kind & quality of legislation which modern public opinion requires'.
5. Amendment by Parliament in slow, and cumbersome. 6. The executive may take quick action in times of emergency or war. Similarly
when there is epidemics, floods, economic depression, health hazards etc delegation is essential. 7. Modern complex administrative
matters require a dynamic approach.

Essential functions: The Supreme Court has laid down those essential functions entrusted to the Parliament should not be delegated. It
has laid down judicial tests to find out what are essential functions or powers which are non-delegable. If a non delegable function is
delegated, that delegation is bad and ultra vires the Constitution.

Non-delegable functions of the Parliament (or State Legislature): These are: - a) It is the essential duty of the Parliament to lay
down the legislative policy of the Government. Hence, this Policy making should not be delegated to any other authority, like the
executive. b) To effect any amendment to an Act, is the essential duty of the Parliament. The Executive Authority should not be allowed to
change the Act. c) To declare the offence under a penal law is the essential function of the Parliament. d) To declare punishment,
penalties etc., is the essential function of the Legislature. e) To impose a tax, fee, in an essential function in (Art 265) f) When tribunals are
constituted specifying the jurisdiction and powers is the essential duty of the Parliament. g) To repeal a law or to provide exemptions is an
essential function of the Parliament. (h) Giving an Act, retrospective effect is an essential function. (i) Legislature cannot provide for Henry
VIII clause to enable executive to make law in the guise of "removing difficulties" (W.B. Electricity Board V. Ghosh)

Leading Cases:
1. Panama Refining Co. V. Ryan. (Hot oil Case) 1934.
2. Shama Rao Vs. Pondicherry. 1967
3. Hamdard Dawakhana Vs. Union. 1960
4. In Jalan Trading Co. V. Mazdoor Sabha
5. Devi Das V. St. of Punjab