Quasi-Judicial vs Administrative Functions Quiz

Administrative Law

• Administrative law is a branch of public law that regulates the activities of administrative authorities.
• It aims to balance individual rights with public interest.
• The law relating to administration determines the organization, powers, and duties of administrative authorities.
• Administrative law fills in the gaps left by constitutional law in regulating public administration.
• Key characteristic features include regulation of administrative powers, control mechanisms, and public accountability.

Nature of Administrative Law

• Dynamic in nature, evolving with societal changes.
• Primarily public law, dealing with the relationships between public authorities and individuals.
• Supplementary to constitutional law, addressing gaps in constitutional law's regulation of public administration.
• Emphasizes the rule of law, ensuring administrative actions are authorized by law.

Scope of Administrative Law

• Rule-making (delegated legislation): Regulates the process and limits of subordinate legislation.
• Rule application (administrative actions): Supervises how authorities execute laws.
• Rule adjudication (administrative adjudication): Includes adjudication by administrative tribunals and quasi-judicial bodies.
• Grievance redressal: Focuses on resolving complaints against administrative actions.

Sources of Administrative Law

• Constitution: Fundamental source for powers and limitations of administrative authorities.
• Statutes: Laws enacted by the legislature, e.g., Administrative Tribunals Act.
• Judicial Decisions: Case laws interpreting and expanding administrative law principles.
• Delegated Legislation: Rules and regulations made under the authority of statutes.
• Reports and Recommendations: Contributions from law commissions and committees.

Droit Administratif

• A distinct branch of French law regulating the interaction between public authorities and private individuals.
• Dual legal framework that separates public and private law, unlike common law systems.
• Fundamental to understanding modern administrative governance in France.
• Emphasizes balancing administrative efficiency with individual liberties.
• Key principles include separation of public and private law, the Conseil d'État, and the rule of public interest.

Quasi-Judicial Functions

• Actions or decisions made by administrative bodies or tribunals with judicial characteristics but not strictly performed by traditional courts. These functions involve determining rights, resolving disputes, and imposing penalties.
• These functions require adherence to natural justice principles.
• Examples include tribunals for labor disputes, regulatory bodies for market regulations, licensing authorities and administrative tribunals.
• These functions are characterized by an adversarial nature, with the application of principles of natural justice, a limited scope of review, and a focus on resolving disputes efficiently.

Advantages of Quasi-Judicial Functions

• Faster resolution of disputes compared to traditional courts.
• Expertise of specialized bodies.
• Reduced burden on traditional courts.
• Increased accessibility to the general public.

Challenges of Quasi-Judicial Functions

• Variations in standards of adjudication.
• Limited accountability of decisions.
• Overlap with judicial functions and encroachment on traditional judicial domains.
• Potential risk of bias in administrative decisions.

Doctrine of Separation of Powers

• A cornerstone principle of constitutional governance. Aims to prevent concentration of power in any single authority by dividing government functions among three organs: legislature, executive, and judiciary.
• There is significant overlap of powers in practice in many countries including India.
• The doctrine emphasizes independence and accountability of different governmental branches.

Judicial Perspective on Administrative Law

• In India, there is a balance between administrative power and judicial oversight to ensure adherence to principles of natural justice.
• Administrative actions should be reviewed for compliance with natural justice principles when affecting individual rights.

Doctrine of Rule of Law

• A fundamental principle in governance. Every individual is subject to the law, irrespective of position or status.
• The law is supreme and no one is above it, including the government.
• It ensures that all individuals are equal before the law.
• Judicial decisions protect the rights and freedoms of individuals.

Public Interest Litigation

• A judicial way for any individual or group to bring issues concerning public interest to the courts.
• A tool to address grievances affecting the general public, particularly vulnerable groups, unlike traditional lawsuits.
• This approach to litigation is used to protect human rights, address environmental issues, and promote social justice.
• The Supreme Court relaxed the rules of standing to ensure that redressal is available for those affected by public issues.

Administrative Discretion

• The power of administrative authorities to make decisions within a defined range of options.
• This allows for flexibility in implementing policies or laws.
• Examples include issuing licenses, making regulations, or taking disciplinary action.
• It's essential for efficient policy implementation, since every situation cannot be covered by a law.
• Judicial oversight is crucial, ensuring fair, reasonable, and non-arbitrary exercise of discretionary powers to prevent potential abuse.

Delegated Legislation

• Laws made by an authority other than the legislature, but under powers conferred by a legislative act.
• Allows greater flexibility and administrative efficiency in responding to changing situations or technical intricacies.

Judicial Review of Delegated Legislation

• An essential check to ensure delegated legislation remains within statutory and constitutional limits.
• Courts strike down delegated legislation when it's ultra vires (beyond powers granted), violates fundamental rights, or violates natural justice.
• Courts review if delegated legislation is excessive, unreasonable, or arbitrary.
• The doctrine of ultra vires is pivotal for keeping delegated legislation within constitutional boundaries and preventing abuse of power.

Rule of Fair Hearing

• Essential to ensuring that individuals receive a reasonable opportunity to present their case when decisions affecting their rights or interests are made.

Stages of Fair Hearing

• Notice of the proceedings
• Opportunity to present their case
• Opportunity to present evidence and challenge the evidence presented by the opposing side
• A reasoned and demonstrably justifiable decision that does not favor one side over the other.
• Appeal rights and judicial review of the decision.

Rule Against Bias

• Ensures that decisions are made impartially to maintain the ethical integrity of procedures.
• Appearance of bias can invalidate decisions.
• Actual bias arises when a decision-maker has a personal interest that could affect impartiality.
• Apparent bias arises when a reasonable person perceives a risk of bias in the circumstances.

Maladministration

• Ineffective, corrupt, or improper management of public affairs harming the public interest.
• Examples include corruption, inefficiency, and denial of procedural fairness.
• Legal remedies like judicial review and public interest litigation can address instances of maladministration.
• Key causes of administrative failures are likely to include ineffective internal auditing and resource constraints coupled with political interference.

Administrative Adjudication

• Administrative bodies/authorities resolving disputes.
• Distinguishes from judicial processes through different characteristics and procedures
• Involves the interpretation and application of general rules to particular cases without the formalities of judicial determination.
• Examples include the National Green Tribunal (NGT), Central Administrative Tribunal (CAT), and Income Tax Appellate Tribunal.

Constitutional Law vs Administrative Law

• Constitutional law outlines the foundational framework for governance, including separation of powers and fundamental rights; administrative law deals with how government agencies implement those laws.
• Constitutional law is based on the constitution, while administrative law is informed by statutes, regulations, and judicial decisions.
• Both overlap in areas such as fundamental rights and judicial review, ensuring that administrative actions comply with the rule of law and the principles of natural justice.

Statutory Corporations

• These are public sector undertakings established by Acts of Parliament, not part of a department or ministry.
• Can be classified by ownership, functions, or legal structure