Administrative Action- Meaning, Classification And Control
1. Meaning of Administrative Action
Administrative Action refers to actions taken by government agencies or public authorities in the exercise of their statutory powers. These actions involve decision-making or enforcement relating to public administration rather than legislative or judicial functions.
Key points:
It is executive in nature, i.e., involves carrying out laws.
It affects the rights, duties, or interests of individuals or groups.
It must be taken by an authority empowered by law.
Definition (illustrative):
Administrative action means any decision or order made by an administrative authority that affects the rights or interests of a person or public.
2. Classification of Administrative Action
Administrative action can be broadly classified into:
a) Quasi-legislative actions
These are actions where the administrative authority formulates rules, regulations, or policies that have the force of law.
Example: A government department issuing regulations under a statute.
b) Quasi-judicial actions
These involve decisions affecting rights or liabilities after a hearing or inquiry.
Example: Granting licenses, imposing penalties, or adjudicating disputes by administrative tribunals.
c) Purely administrative or executive actions
These are routine actions like administrative supervision, enforcement, or management.
Example: Transfer of a government employee.
3. Control of Administrative Action
Control mechanisms are essential to ensure administrative actions comply with law, fairness, and justice.
a) Judicial Review
The judiciary can review administrative actions on the following grounds:
Illegality: Authority acted beyond its jurisdiction or contrary to law.
Irrationality or Wednesbury unreasonableness: The decision is so unreasonable that no reasonable authority would have made it.
Procedural Impropriety: Violation of rules of natural justice (e.g., no hearing, bias).
Proportionality: The action is disproportionate to the objective sought (more in some jurisdictions).
b) Legislative Control
Legislatures enact statutes defining limits and procedures for administrative agencies.
c) Executive Control
Higher authorities may supervise or revoke administrative decisions.
d) Ombudsman and Administrative Tribunals
Special bodies to oversee complaints against maladministration.
4. Important Case Laws on Administrative Action
Case 1: Council of Civil Service Unions v. Minister for the Civil Service (1985) (UK - GCHQ Case)
The government decided to ban trade unions at the Government Communications Headquarters without consultation.
The House of Lords held that the prerogative power could be reviewed judicially where it affects rights.
Established grounds of review for administrative action: illegality, irrationality, and procedural impropriety.
Case 2: Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948) (UK)
A local authority imposed a condition on a cinema license forbidding children attending on Sundays.
The court held that a decision is unreasonable if it is so absurd that no reasonable authority could ever have come to it.
Introduced the Wednesbury unreasonableness test in administrative law.
Case 3: Maneka Gandhi v. Union of India (1978) (India)
The government impounded Maneka Gandhi’s passport without giving reasons or an opportunity to be heard.
The Supreme Court expanded the scope of Article 21 (Right to Life and Personal Liberty) and held that administrative action must be fair, just, and reasonable.
Procedural fairness and natural justice principles apply to administrative action.
Case 4: Ridge v. Baldwin (1964) (UK)
Ridge, a Chief Constable, was dismissed without a hearing.
The House of Lords held that the dismissal was void because it violated the principles of natural justice.
Established the requirement of audi alteram partem (right to be heard) in administrative actions.
Case 5: Union of India v. Tulsiram Patel (1985) (India)
The Supreme Court held that the disciplinary action against a government employee was invalid due to non-observance of natural justice.
Emphasized the importance of following statutory procedures in administrative decisions.
Summary Table of Key Points in Cases
| Case Name | Principle Established | Jurisdiction |
|---|---|---|
| Council of Civil Service Unions | Grounds of judicial review (illegality, etc.) | UK |
| Wednesbury Case | Wednesbury unreasonableness test | UK |
| Maneka Gandhi | Fairness & natural justice in administrative action | India |
| Ridge v. Baldwin | Right to hearing (natural justice) | UK |
| Union of India v. Tulsiram Patel | Following statutory procedure & fairness | India |
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