Why we need administrative law

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Administratives law

Administrative law need as of :

  • For the changing needs required by society and ineducaty make by legislature
  • Welfare state.
  • Somewhere, inefficiency of the judiciary because of judicial process is very slow earlier.
  • scope of experiment( because it is uncodified law)

Definition of the administrative law

  • Ivor Jenning definition
    • It’s law is the law realting to the administration , It determines the organisation owner and duties of the administratives authorities.
  • K.c devis definition
    • It’s law concerning power and procedure of administratives agencies including especially the law governing judicial the view of administrations.
  • Prof. H.W.R wade
    • It’s law relating to control of government power.

Scope and sources of Administration

  • PIL’ filing
  • Administratives law is a fourth organ.
  • constitution law
  • judicial decisions (precedents)
  • statute or delegate legislation.
  • reports of committee of commissions.
  • adminstratives tribunals.

Evolution of administrative law

  • France
    • France administratives law law making called Droit Administrative controlled by council estate checking institution.
    • Ordinary court
      • subject to subject
    • tribunal conflicts
      • cases between government of citizens
      • Administration deals with civil wrongs
    • dual system of courts
      • administrative court
      • ordinary court.
  • USA
    • case: Ridge v/s baldwin

Rule of law

Supremacy of law reference to predominance of law in legal spirit.( law is supreme).

  • Red light theory
    • Account to them counts are the primary weopean that mean to protect the citizen of control of executive.
    • public law must be oriented to a words strength individual make strong.
    • It’s that which stop from making arbitration.
  • Green light theory’s Basic features
    • It theory is also known as functionalist theory account to the government is congeal and it cannot be supected of committing unlawful action.
    • public administration is good element of states.
    • for encouraging the administration adjudication based on legal rules is not the sole idea.
    • Case: Durga shankar v/s raghuraj singh 1954
      • it was ruled that administratives court is different from ordinary courts.

Why need the Administrative Tribunal

We need administrative Tribunal as our state is a welfare state , aquired the provision of welfare state and credit the tribunal court. Ordinary law court was not competent enough, safety to ensured, these are outcomes of specific remedies.

Advantage of the Tribunal

  • Cheaper than any other thing
  • speedy justice
  • adequate justice
  • minimal burden of court
  • useful in developing

Advisory Administrative Tribunals

Advicary Tribunal explain that administers is the head power of tribunal not answerable to court, also not followed the procedure of CPC as in the case of just like the real court proceding.

Special Administrative Tribunal court

They are govern under High court, It is made for specific purpose.

Administrative adjudication / Tribunal( hearing officer)

Admini tribunal they came into India through” constitution of India in part XIV(A) article 323A and 303B”. by the 42nd Amendement act, 1986, by the Swaran commitee.

Administrative tribunal dont have judges, they have hearing officers with, judicial member + experties in a field.

Gernerally , the executive has the power only to execute the law that there are intence in which executive play role of legislation and Judiciary in order to function of emforcement of law.

How Tribunal work and composition

Tribunal are work according to the statutary act under which it is formed and work in a particular subject as provided by the statutary such Industrial tribunal, etc.

  • Industrial tribunal
    • it is realated to labour, and are also known as one man tribunal.
  • Constituted under industrial dispute act 1947 by the central government
    • for the welfare for the labour.
  • Appropriate government
    • executive body central government and state government.

Composition of Tribunal

  • 1 Chairman as judicial head
    • Shall be the judge of High court or 10-15 years of advocacy in High court or judge of district court/ appointed as judge of district court.
    • Article -32,226,136.
  • 2 or more members
    • expertise in banking process and one menmber of judicial.
  • qualifications
    • judicial member
      • 10 year judicial post
    • finance expert
      • chartered accountant practising for 10 years.

Central Administrative Tribunal

This act was constituted to provide for the adjudication or trial by administrative tribunal of dispute and complaints with respecr of to recruitment and conditions of service of person’s appointment to public service and posts.

There are 2 ammendment in this tribunal i.e 1986 an i the year 1987.

Composition of central administrative tribunal

  • 1+16+49
  • chairman+ vice chairman+ members
  • Qualification
    • 1 chairman shall be the judge of high court or the held ofice of vice chairman for 2 years.
    • 1 vice chairman
      • secretary general of government of India for 2 years.
      • A person whose pay scal is not less than screatary general of government of India.
      • Any post—-> state government or central government.
    • 49 member
      • judge of high court
      • 2 years of legislative post
      • department of leagal affairs in the government of India.

How they are appointed

  • Central government
    • proposal by the central government
    • pass on – CJI preference + President.
  • state tribunal
    • proposal – state government
    • pass on – cheif justice+ governor of state.
  • joint tribuanl
    • proposal – state government
    • pass on – desiganted state+ cheif justice.
  • In absence of administrative member+ judicial member then, chairman itself discharge the function of both the member—-> judicial and administrative.

Reference: orginal notes written by Riya Tiwari student LLB from United university Prayagraj Uttar Pradesh

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