The Importance of Law in Society

• Administrative law involves rules created and enforced by social or governmental institutions to regulate behavior.
• The law ensures justice, order, and fairness in society by establishing order, promoting fairness, and protecting individual rights.

Importance of Law in Society:

• Laws provide rules and guidelines to prevent chaos and disorder.
• Laws set boundaries for acceptable actions, aiding society's smooth functioning.
• Laws safeguard individual rights and freedoms, ensuring people can live with dignity and security.
• Examples of protected rights include free speech, property, and privacy.
• Law ensures fair treatment by providing a framework for justice.
• Courts and legal systems work impartially to resolve disputes and punish wrongdoing.
• Laws can drive social change by addressing inequalities and outdated norms.
• Examples include civil rights laws and environmental laws promoting equality and sustainability.
• Criminal laws and penalties deter harmful behavior.
• This promotes public safety and reduces crime rates.
• The legal system resolves conflicts between individuals, organizations, and governments, preventing escalation and promoting social harmony.
• Laws hold individuals, organizations, and governments accountable, preventing abuse of power.

Legal Philosophers and Their Contributions

• John Austin (1790–1859) was a British legal theorist who developed legal positivism.
• Austin argued law is a set of human-made rules, separate from morality or natural law.
• Austin defined law as commands from a sovereign authority backed by punishment.
• Austin emphasized sovereignty as the supreme power in a legal system, with habitually obeyed commands.
• Austin maintained law's validity does not depend on its moral content.
• Lon L. Fuller (1902–1978) was an American legal philosopher.
• Fuller made significant contributions to legal theory regarding the relationship between law and morality.
• Fuller defined law as "the enterprise of subjecting human conduct to the governance of rules."
• Law guides human behavior through a system of rules.
• Rules must be clear, publicized, and consistent with justice to be legitimate and effective.
• Fuller emphasized the importance of moral dimensions in law and the necessity for rules to foster a just society.

Salmond's Definition of Law

• Law is the body of principles recognized and applied by the state in the administration of justice.
• Law is a collection of rules and principles.

Function and Role of Law

• Law ensures social order and regulates individual and collective conduct.
• The state recognizes, applies, and enforces these rules through the administration of justice.

General Characteristics of Law

• Law is derived from a governing authority or legislative body.
• Law is enforced by courts and legal institutions.
• Violations lead to penalties or sanctions.
• Law adapts over time to reflect social, political, and economic changes.

Public Law

• Public Law governs the relationship between individuals and the state.
• It includes constitutional, administrative, and criminal law.
• It protects public interests and maintains societal order.
• Public Law covers criminal cases, regulatory issues, and disputes involving government entities.

Examples of Public Law

• Criminal Law includes prosecutions for offenses like theft, assault, or murder.
• The state charges individuals for violating laws that protect public safety.
• Constitutional Law involves interpreting the constitution, such as challenges to laws that infringe on individual rights like freedom of speech or religion.
• Administrative Law includes disputes involving government agencies, such as regulatory actions by environmental protection agencies or appeals of decisions made by social security offices.

Private Law

• Private Law governs relationships between private individuals or entities.
• It includes contract, tort, property, and family law.
• It addresses private rights and obligations, resolving disputes between private parties.
• Public law involves the state, while private law involves individuals.
• Public law seeks to uphold societal order, while private law focuses on individual rights.

Examples of Private Law

• Contract Law includes disputes from agreements between individuals or businesses, such as breach of contract cases.
• Tort Law includes cases involving civil wrongs, such as personal injury claims due to negligence.
• Property Law includes disputes regarding ownership and use of property, including real estate transactions, landlord-tenant issues, and zoning disputes.
• Family Law includes matters related to marriage, divorce, child custody, and adoption.

Constitution of India

• The Constitution of India is the supreme law, serving as a comprehensive framework for governance.
• It was adopted on January 26, 1950.
• The Constitution outlines political principles, establishes government structure, and guarantees fundamental rights.
• The Constitution contains 448 articles in 22 parts, with 12 schedules providing further details on governance.

Key Features of the Constitution of India

• India is a sovereign state, free from external control.
• India is a democratic republic with an elected president.
• The Constitution provides citizens with enforceable fundamental rights.
• Directive Principles guide the state to promote social and economic welfare.
• The Constitution establishes a division of powers between central and state governments.
• The Constitution ensures freedom of religion and separates religion from the State.

Preamble of the Constitution of India

• The Preamble outlines the guiding principles and philosophy of the Constitution.
• It declares India to be a Sovereign, Socialist, Secular, Democratic Republic.
• India is independent and free from external control.
• India emphasizes the promotion of social and economic equality.
• India ensures freedom of religion and neutrality in religious matters.
• India has a democratic system with elected representatives.
• India's head of state (President) is elected, not hereditary.

Fundamental Rights in India

• The Constitution guarantees Fundamental Rights to protect individual freedoms and ensure equality before the law.
• These rights are enforceable by the courts, and violations can be challenged.
• The Right to Equality prohibits discrimination based on religion, race, caste, sex, or place of birth.
• The Right to Freedom includes freedoms of speech, expression, assembly, association, movement, and profession.
• The Right against Exploitation prohibits forced labor, human trafficking, and child labor.
• The Right to Freedom of Religion guarantees religious freedom and the right to manage religious affairs.
• Cultural and Educational Rights protect the rights of cultural, religious, and linguistic minorities.
• The Right to Constitutional Remedies allows citizens to approach the courts to enforce fundamental rights.

Directive Principles of State Policy

• These are guidelines for the governance of the country, but not legally enforceable.
• They aim to create a welfare state and promote social and economic democracy.
• Directive Principles include equal pay for equal work, promoting the welfare of the people, providing just and humane conditions of work, protecting the environment, and promoting education and economic interests of weaker sections.

Separation of Powers

• The Constitution establishes a separation of powers among the executive, legislature, and judiciary.
• The executive comprises the President, Prime Minister, and Council of Ministers, responsible for administering laws.
• The legislature, or Parliament, includes the Lok Sabha and Rajya Sabha, responsible for making laws.
• The judiciary is independent, with the Supreme Court as the highest authority.
• The judiciary has judicial review power, ensuring laws and executive actions do not violate the Constitution.

Fundamental Duties

• Added by the 42nd Amendment in 1976, these are duties citizens are expected to follow.
• Duties include respecting the national flag, promoting harmony, and safeguarding public property.
• These duties are not legally enforceable but serve as obligations for Indian citizens.
• The Constitution includes provisions for declaring a state of emergency.
• A National Emergency (Article 352) can be declared during war, external aggression, or armed rebellion.
• A State Emergency/President's Rule (Article 356) can be declared if governance in a state fails.
• A Financial Emergency (Article 360) can be declared if India's financial stability is threatened.

Administrative Law

• Administrative law determines the organization, power, and duties of administrative authorities.
• Administrative Law sources in India are based on the Constitution and Statutes exercised by administrative bodies.
• Administrative law has grown with the various processes of administration and control, leading to its existence in a welfare state.
• The Parliament passes a skeleton law, and administrative agencies provide the rest through rule-making power.
• The scope of administrative law includes legislative or rule-making, judicial or adjudicative, and executive functions.
• Power is conferred on the administration by law.
• No power is absolute in nature.
• Administrative law is based on procedures for formal adjudication and rule-making.
• It determines the organization, powers, and duties of administrative authorities.
• It imposes reasonable restrictions on the exercise of power.
• It is based on the concept of natural justice principles.

Administrative Law and Constitutional Law

• Administrative law is recognized as a separate branch of legal studies, overlapping with constitutional law.
• It includes the constitutional control mechanism for administrative authorities (Articles 32, 136, 267, 227, 311).
• Limitations are imposed by constitutional laws on power delegations to administrative authorities.
• Administrative law cannot be independent from constitutional laws.
• The Constitution is the supreme legal authority, binding the legislative, executive, and judicial organs.
• Administrative law's origin depends on constitutional law, thus inseparable in a country with judicial review.
• Constitution describes the government's organs at rest, while administrative law describes them in motion.
• Constitutional law deals with rights, and administrative law focuses on public needs.
• Administrative law fulfills the needs and demands of the people and state.

Growth and Purpose of Administrative Law

• Administrative law controls arbitrary action of administrative authority.
• It protects individual and public rights at large.
• Constitutional and Administrative law are separated for several reasons:
• Strengthening good governance
• Shift from Laissez Faire to Social Welfare State
• Addressing Technicalities
• Dealing with Emergency Situations
• Implementing Effective Steps
• Managing Urbanization
• Applying Preventive Measures
• Ensuring Speedy Redressal

Rule of Law and Separation of Powers

• Rule of Law means absolute supremacy or predominance of regular law, opposing “Rule of man and Rule according to the law”.
• It opposes arbitrary power and excludes the existence of arbitrariness or wide discretionary authority.
• It embodies the doctrine of Supremacy and is essential for a disciplined community.
• Rule of Law is a weapon in the armory of Justice.
• Rule of law means that the law rules based on freedom, equality, non-discrimination, fraternity, accountability, and predictability.
• ‘The Law of the Constitution' attributes three meanings to the Rule of Law:
• Supremacy of law
• Equality before law
• Predominance of legal spirit

Separation of Powers Doctrine

• The Doctrine of Separation of Powers has emerged in various forms, traceable to Plato and Aristotle.
• It states that when legislative and executive powers unite, there is no Liberty.
• There is no Liberty if the judiciary power is not separated from the legislative and executive.
• The basic purpose is to divide governance to prevent any center of power from threatening tyranny.
• In India, it has no strict constitutional status, but the functions of different organs are clearly marked.
• Executive powers are with the President, legislative powers with Parliament, and judicial powers with the Judiciary.
• Executive, Legislative and Judiciary should be independent of each other.
• No organ should perform the function that belongs to the other.

Classification of Administrative Functions

• Classification is based on the heads of administration exercising powers.
• Legislative Functions (Rule Making) include rule making action or quasi-legislative action.
• The legislative power is known as Delegated Legislation.
• The Legislative Department drafts principal legislation for the Central Government.
• Examples of legislative functions include fixation of price, declaration of a market yard, and imposition of tax.

Judicial Functions (Adjudicatory)

• This includes action based on rule by any authority being quasi judicial or judicial.
• This power is conferred based on the nature and jurisdiction of the authority.
• It is based on ‘Audi alteram partem', ensuring no one should be condemned unheard.
• The judiciary adjudicates matters in disputes of law or facts, interpreting law, settling disputes, and administering justice.
• The judiciary is also called the guardian of the Constitution.

Executive Functions

• The executive is the branch of the legislature, implementing laws, bills, or policies.
• The function is either non-legislative or non-adjudicative.
• This is a ministerial function by an executive having authority.
• Examples include enforcing laws, quasi-judicial proceedings, managing government work, and collecting taxes and duties.

Droit Administratif

• Droit Administrative is a body of rules determining the organization and duties of public administration and regulating relations with citizens.
• It is a fundamental concept shaping interactions between government agencies and the public.
• This branch of law governs public administration, ensuring efficient and lawful government actions.
• French revolution of 1789 was associated with chaos between Bonapartists and Parliaments.
• The Conseil du Roi acted as an advisor in legal and administrative subjects for the King.
• Along with the executive function, it performed judicial activities.
• Napoleon Bonaparte laid down the structure of administrative reforms.
• Conseil d'Etat was responsible for dealing with administrative matters.
• Tribunal des Conflicts settled conflicts between ordinary and administrative courts.

Characteristics of Droit Administratif

-A specialised Judicial System ensures adjudication by specialised administrative courts with expertise in administrative law.

• Judge-Made Rules allows for a dynamic legal system.
• The Conseil d'État has grown to serve dual roles as a consulting body and the highest administrative court.
• Tribunal des Conflicts resolves jurisdictional conflicts.
• Protection of Government Officials recognizes unique responsibilities of public service.
• The is a Non-interference of Administrative and Ordinary Courts.

Key Principles of Droit Administratif

• Principle of Special Jurisdiction for administrative courts hearing disputes between individuals and public authorities.
• Principle of Administrative Discretion for public administrators to make decisions within the bounds of the law.
• Principle of Judicial Review subjecting administrative bodies' decisions to review by administrative courts.
• Principle of Service Public reflecting the idea that government should work for the community's benefit.
• In India, the tribunalisation of justice began even before the Constitution.
• The modern Indian Republic was born as a Welfare State.
• The quasi-judicial powers acquired by the administration led to a huge number of cases.
• The Law Commission Report (1989) noted welfare legislations and the right to judicial review.
• Tribunals were established for income tax, railway rates, labor, and company matters.
• These bodies must maintain procedural safeguards and observe principles of natural justice.
• The tribunal system in India derives legitimacy from Article 323A.
• There are State and Central Administrative Tribunals (CAT), similar to French Administrative courts.
• The CAT was envisioned as the replacement of the High Court which the 42nd Amendment act supported.

Complete Adaptation of Driot Administratif in India :

• A complete adaptation of Driot Administratif is impossible in India because judicial review of tribunals' orders cannot fully be removed. Any law excluding the Supreme Court's jurisdiction is a prima facie denial of the fundamental right.

Delegated Legislation

• Delegated legislation exercises legislative power by an agent subordinate to the legislature.
• In Indian law, it is known as subordinate or secondary legislation.
• It refers to laws made by bodies authorized to create detailed regulations under an Act of Parliament.
• Delegated legislation means the exercise of rule-making power, delegated to the executive by the legislature.
• Rules, regulations, by-laws, schemes, notifications, orders and ordinances are specified.

Types of Delegated Legislation

• Executive or Title based is when an executive body administers laws through powers given by the legislature.
• These include central act to central government, state government, or statutory body.
• Conditional or Discretion based is when power is given to someone lower to make laws.
• The legislature transfers to another entity to decide when the law comes into effect.
• Sub Delegation is when the parent act empowers the executive to delegate its power further.

The principle of 'Delegatus non potest delegare

• The principle of 'Delegatus non potest delegare', a latin maxim which means that "no delegated powers can be further delegated" Express power of sub delegation when the statute gives the power through an expressed notification
• Implied power of sub delegation when the statute itself has authorized the subordinate authority to delegate its power.
• Delegated legislation may be based on the nature and extent of power conferred and purpose for which such power can be exercised.

Administrative directions

• Administrative Directions are instructions or regulations issued by the higher authorities to the lower authorities without a rule or enactment pertaining to a specific issue
• Or to fill the lacunas in the existing laws and thereby constructing better standards or platforms to compensate the same and tackle the issues. Administrative directions can be either specific or general nature Example direction are issued in the form of letters, circulars, orders, public notices, pamphlets, press notes, etc, it is even published in Government Gazette

Need for Administrative Directions

• In a welfare state, the executive responsibility has been laid down by statute to deal with people's problems. Rules and laws once laid down, need regular amendments and changes according to such a situational demands.
• Special powers have been guaranteed to executives by the statutes to make changes in urgent situations.
• It is not possible for the Parliament to look after each contingency while passing an enactment and for this certain provisions are required to be added.

Executive Powers of Government to Issue Directions

• Article 73 talks about the executive power of the Union, extending to the matters in which Parliament has rights to make laws
• Article 162 talks about the executive power of the State, extending to the matters in which the state legislature has power to make laws.
• Directions are generally issued under the articles mentioned above.
• Administrative directions cannot supersede statutory rules of the administrative bodies.
• Delegated Legislation is superior in authority to a direction since delegated legislation is binding and enforceable in court, while administrative directions are not binding and unenforceable.

Principles of natural justice :

• control mechanism of the administrative system lies with the parliament and the judiciary, which is based on the separation of powers
• Parliamentary or Legislative Control
• Judicial Control
• Executive or Administrative Control

Principles relating to natural justice:

• Nemo judex in re sua (Rule against bias) : which means the authority deciding the matter should be free from bias
• Audi alteram partem (right to be heard) : Which means the rule that no one should be condemned unheard.

Other principles where the administrative bodies have enabled laws to uphold the principles of natural justice are:

• The right to be informed in advance of the case to be met with a reasonable time in which to prepare a response
• It is a right to present a case and furnish information or evidence on which the action is based where complex legal and technical questions are involved
• It is a right to obtain the supply of adverse material, produce, inspect or examine the evidence to take appropriate defence in the hearing of the case.
• It is an indispensable part of the rule of natural justice on the ground that representation through a lawyer of choice would give an edge to that rich over the poor who cannot afford

The right to reasons for the decision:

• Giving of reasons in support of an order is considered to be the third principle of natural justice where the party has a right to know not only the result of the inquiry but also the reasons in support of the decision

Civil Services in India

• civil service in India provides the administrative machinery under Article 311 of the Constitution
• the civil servants advise minsters and carry out their orders in policy enforcement
• functions include administrative adjudication and policy formulation
• separated powers with duties to the executive, legislative and judiciary branches

Administrative Discretion

• administrative power is based on nature of the functions to provide legal remedy
• judicial system exerts power to make decisions that are inconsistent and abusive
• administration must be allowed choice as to when, how and whether they act

Judicial control of discretionary powers

• controls emphasize processes and procedures to minimize abuse of vast discretionary power
• exercise of power should evolve administration to follow fair procedures in rendering natural justice

Rule of Law

• bases action on concepts of freedom, equality, fraternity, accountability and non-arbitrariness
• focuses on controls and safeguards on the question of government discretionary powers and how they can be misused

Sovereign Power

• derived from Act of State doctrine enumerating authority and a manner of policy
• if damage is caused to any person , the person cannot bring action for it unless otherwise stated

Contractual Liability of the State

• Under Article 300 in Constitution, authority is provided to make contracts , carry on business , bring legal actions
• Immunity by state officials for sovereign acts

Tortious Liability of the State:

• Acts done by the State are considered as acts of Public Good.
• According to Article 300, officials are protected in the event of lawsuits. Administrative Law: Government Privileges in Legal Proceedings

Government Privileges

• A special privilege for all administrative bodies to ensure that they don't disrupt priorities for the public
• The bi-cameral Indian Legislature was established for legislative duties and legislative freedom.
• Government privileges are freedom of speech and expression under Article 105 that protects legislative rights and committee action in court and a freedom speech in The Government of India Act with punishment for any that with evidence.
• A mandatory compliance is required to follow with some urgency according to the courts for suing a government official

Estoppel and Waiver

• Estoppel is when one party cannot retract its statement for the action the other party is relying on, in the past
• It cannot be the defense of something against the law
• One of Public Interest Promissory estoppel is an equitable doctrine, thus if a broader public interest dictates it, it must make way for equity.

Official Secrets:

• Refer to sensitive Government Information that could threaten National Security if reveled so is protected by The Official Secrets Act of 1923

Rights to Information :

• Is the ability if a citizen to have a voice about government policies measures in order for democracy

Lockpal and Lockayukta

Lockpal and Lockayukta began in Sweden to control Corruption to prevent power and wrong doing from 1960-2011

Central Vigilance Commission

This commission was established in 1964 to prevent corruption , and in 2017 allowed the RBI approve them to investigate public bank employees.