Administrative Action- Meaning, Classification And Control
Administrative Action: Meaning, Classification, and Control
Meaning of Administrative Action
Administrative Action refers to any act or decision made by a public authority or administrative agency in the exercise of its powers. It involves the implementation and enforcement of laws and regulations by the executive branch of government.
It can be rule-making, decision-making, or action taken by government officials or agencies.
It directly affects the rights, duties, or interests of individuals or groups.
The primary purpose is to administer public policy and service delivery.
Key Points:
Administrative action is not legislative or judicial in nature but executive.
It involves discretion but must be exercised within the framework of the law.
It must adhere to principles of fairness, reasonableness, and legality.
Classification of Administrative Action
Administrative action can be broadly classified into:
Quasi-legislative action:
The administrative authority makes rules, regulations, or by-laws that have the force of law.
Example: Drafting regulations under a statute.
Quasi-judicial action:
The authority adjudicates disputes or makes decisions affecting rights or liabilities.
Requires due process and a fair hearing.
Example: A licensing authority suspending a license after a hearing.
Administrative or executive action:
Day-to-day actions taken to implement laws and policies.
Example: Granting permits, collecting taxes.
Control of Administrative Action
Administrative actions must be controlled to ensure they are lawful, reasonable, and fair. The control mechanisms include:
Judicial Review:
Courts supervise administrative actions to ensure legality, fairness, and rationality.
Can quash or set aside unlawful administrative decisions.
Statutory Control:
Legislatures enact laws to regulate administrative procedures and empower or limit authorities.
Internal Control:
Administrative agencies often have internal appellate or review procedures.
Ombudsman and Tribunals:
Independent bodies investigate complaints against administrative agencies.
Principles of Natural Justice:
Administrative authorities must observe fair procedures such as audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause).
Important Case Laws Illustrating Administrative Action and Its Control
1. Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948) - UK
Facts: A local authority imposed a condition on cinema operating hours that was challenged.
Principle: Established the doctrine of Wednesbury unreasonableness — an administrative decision can be quashed if it is so unreasonable that no reasonable authority would have made it.
Significance: Introduced the standard of reasonableness in judicial review.
2. Ridge v. Baldwin (1964) - UK
Facts: A police officer was dismissed without a hearing.
Principle: The House of Lords held that the dismissal was void as the officer was not given a fair hearing (violated natural justice).
Significance: Reinforced the requirement of due process in administrative decisions.
3. Maneka Gandhi v. Union of India (1978) - Supreme Court of India
Facts: The government revoked Maneka Gandhi’s passport without giving reasons.
Principle: The Court ruled that administrative action affecting fundamental rights must be fair, just, and reasonable and must follow procedural fairness.
Significance: Expanded the scope of natural justice and procedural fairness in administrative action.
4. Board of Education v. Rice (1911) - USA
Facts: The question was about the limits of administrative discretion.
Principle: The court recognized that administrative discretion must not be arbitrary or capricious.
Significance: Reinforced judicial control over administrative discretion.
5. A.K. Kraipak v. Union of India (1969) - Supreme Court of India
Facts: The issue was about the bias and impartiality in administrative proceedings for appointing members of the State Public Service Commission.
Principle: The Court held that administrative authorities must act fairly and without bias.
Significance: Emphasized that natural justice applies to administrative actions involving discretion.
Summary Table of Cases
| Case Name | Jurisdiction | Principle Established |
|---|---|---|
| Associated Provincial Picture Houses | UK | Wednesbury unreasonableness in judicial review |
| Ridge v. Baldwin | UK | Right to fair hearing in administrative decisions |
| Maneka Gandhi v. Union of India | India | Procedural fairness and natural justice expanded |
| Board of Education v. Rice | USA | Administrative discretion must not be arbitrary |
| A.K. Kraipak v. Union of India | India | Administrative action must be unbiased and fair |
Conclusion
Administrative action is a fundamental aspect of governance, enabling the state to implement policies and regulations. However, unchecked administrative power can lead to injustice. Therefore, the doctrine of judicial review, principles of natural justice, and other mechanisms exist to ensure that administrative actions are lawful, fair, and reasonable.
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