Administrative Law part 1 pub Ad paper 1

scope and dist Distinction from Civil and Criminal Law: Criminal law deals with offenses against society/state, while civil law resolves disputes between private individuals. Administrative law specifically governs the relationship between state machinery and individual citizens [01:39]. Constitutional vs. Administrative Law: Using T.E. Holland’s analogy, Constitutional Law serves as the architectural blueprint of a building (defining organs of state—Legislature, Executive, Judiciary), while Administrative Law governs the internal operational machinery in motion (lifts, plumbing, electricity) [02:24]. 2. Historical Evolution: Continental vs. Common Law Continental Model (France - Droit Administratif): Based on a strict interpretation of Separation of Powers. Uses a Dual Court System: ordinary courts for civil/criminal cases and specialized Administrative Courts (e.g., Conseil d'État) for state disputes [03:22]. Jurisdictional conflicts between ordinary and administrative courts are resolved by the Tribunal des Conflits [04:48]. Common Law Model (England & USA): Rejects dual court systems in favor of A.V. Dicey’s Rule of Law, asserting that all individuals, including public officials, are subject to the same ordinary courts and ordinary laws [05:19]. Indian Hybrid Model: Combines Common Law principles (Rule of Law, Judicial Review via Articles 32 & 226) with specialized administrative adjudication bodies like CAT and NGT under Articles 323A and 323B (added by the 42nd Amendment) [06:14]. As ruled in L. Chandra Kumar, decisions of these tribunals remain subject to judicial review by High Courts and the Supreme Court [07:58]. 3. Theoretical Definitions & Thinkers Ivor Jennings: Defined it broadly as "the law relating to administration," covering organization, powers, and duties of administrative authorities. Critique: Lacks focus on citizen rights and checks on power [08:50]. Bernard Schwartz: Broadened the definition to include: Powers vested in agencies, Legal requirements governing those powers, and Remedies against unlawful administrative actions [09:41]. James Hart: Divided administrative law into Internal Administration (departmental rules, hierarchy, promotions) and External Administration (direct interactions with the public, e.g., land acquisition, taxation) [10:30]. M.P. Sharma: Framed administrative law through the lens of Powers vs. Responsibilities, emphasizing that granted authority must be coupled with accountability [11:22]. Indian Law Institute (ILI) Synthesis: Summarizes administrative law under four core pillars: Powers (Executive authority), Procedures (Rule-making process), Limitations (Statutory and constitutional bounds), and Redressal of Grievances (Citizen remedies) [12:44]. 4. Delegated Legislation Definition: Parliament passes skeleton acts and delegates the authority to administrative bodies to frame detailed rules and regulations [13:40]. Need for Delegated Legislation: Time Constraints: Parliament cannot debate every minor technical detail [13:59]. Technical Expertise: Complex subjects (e.g., environmental standards, pollution thresholds) require specialized knowledge [14:04]. Flexibility: Allows quick adjustments during emerging situations without waiting for full parliamentary sessions [14:31]. Four Controls over Delegated Legislation: Legislative Control: Parliamentary standing committees review delegated rules [15:53]. Judicial Control: Courts can strike down rules as ultra vires if they exceed parent act boundaries or violate the Constitution [16:07]. Procedural Control: Mandatory procedures like prior publication and public/industry consultations [16:18]. Administrative Control: Internal supervisory checks by senior administrative authorities [16:37]. 5. Nature of Administrative Powers & Natural Justice Types of Powers: Coercive: Involves direct force or mandatory directives (e.g., taxation, land acquisition) [17:01]. Semi-Coercive: Conditional powers subject to regulatory compliance (e.g., business licensing, driving permits) [17:13]. Persuasive: Non-forceful guidance and influence (e.g., public health campaigns, advisory directives) [17:22]. Principles of Natural Justice: Nemo Judex In Causa Sua (Rule Against Bias): No person can be a judge in their own cause [17:57]. Audi Alteram Partem (Right to a Fair Hearing): Both sides must be heard before making an adverse decision [18:13]. To easily recall the core structure of Administrative Law in Mains answer writing, use the PLPCR mnemonic [21:09]: LetterComponentDescriptionPPowersLegislative, executive, or quasi-judicial powers of administrative bodies [21:16].LLimitsConstitutional and statutory boundaries on administrative powers [21:23].PProceduresFair and transparent processes for making and applying rules [21:29].CControlsLegislative, judicial, procedural, and administrative checks on misuse [21:35].RRemediesOptions available to citizens for grievance redressal (Writs, Appeals) [21:40].