Difference between Legistrative and Administrative functions of Administrative authorities
Difference between Legislative and Administrative Functions of Administrative Authorities
1. Legislative Functions
Meaning:
Legislative functions refer to the power to make rules, regulations, bylaws, or subordinate legislation. These functions are concerned with creating general norms or standards that govern behavior.
Characteristics:
Involves rule-making or delegated legislation.
Affects general public or a class of persons.
Involves policy formulation.
Enables administrative authorities to fill in details of the primary legislation.
Examples: framing rules, regulations, orders, or notifications under statutory authority.
Who performs this?
Parliament or legislature primarily has law-making power, but it can delegate some powers to administrative authorities to make rules within the framework of the parent Act.
2. Administrative Functions
Meaning:
Administrative functions refer to the execution or implementation of laws and policies. It involves application of rules to specific cases or individuals.
Characteristics:
Involves enforcement, management, and day-to-day administration.
Deals with particular cases or individuals.
Concerned with execution of policy decided by legislature.
Includes tasks like issuing licenses, permits, disciplinary actions, or adjudicating disputes.
Who performs this?
Administrative authorities, officers, and departments execute these functions within the framework of law.
Summary Table
| Feature | Legislative Function | Administrative Function |
|---|---|---|
| Nature | Law-making or rule-making | Execution and enforcement of laws |
| Scope | General rules for public | Specific application to individuals or cases |
| Purpose | Policy formulation and norm setting | Implementation of policies and laws |
| Example | Framing rules, regulations, notifications | Issuing licenses, adjudicating disputes |
| Authority | Delegated by legislature | Exercise of executive powers |
Relevant Case Law Illustrating the Difference
1. A.K. Roy v. Union of India (1982)
Facts: The issue was whether rules framed under the Mines Act were legislative or administrative in nature.
Held: The Supreme Court held that rules framed under a statutory provision are legislative in nature if they create new rights or impose new obligations.
Importance: Distinguished rule-making (legislative) from mere enforcement (administrative) functions.
2. Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978)
Facts: Concerned the power of administrative authorities to adjudicate disputes involving public utilities.
Held: Administrative authorities may perform adjudicatory functions (a type of administrative function) but cannot assume powers akin to courts beyond their jurisdiction.
Significance: Clarified that administrative functions include execution and dispute resolution but are limited by the scope of authority.
3. Union of India v. H.S. Dhillon (1972)
Facts: The government dismissed a soldier without proper inquiry.
Held: Distinguished between administrative action (disciplinary proceedings) and legislative powers.
Significance: Emphasized that administrative functions involve applying rules and making decisions in particular cases, and must comply with natural justice.
4. S.R. Bommai v. Union of India (1994)
Facts: Concerned the dismissal of state governments under Article 356.
Held: The exercise of Article 356 is administrative and executive, but the court can review such decisions.
Importance: Showed limits of executive administrative discretion and reinforced judicial oversight.
5. E.P. Royappa v. State of Tamil Nadu (1974)
Facts: Challenged arbitrary administrative action.
Held: Although administrative authorities have discretion, it cannot be exercised arbitrarily or irrationally.
Significance: Demonstrated that administrative functions are subject to judicial control.
Explanation and Insights
Legislative functions are primarily concerned with making general rules that apply to everyone. They involve some element of policy-making or rule-making and are often delegated by the legislature to administrative authorities to fill in detailed provisions necessary for effective governance.
Administrative functions involve the day-to-day application of those rules to specific cases. These functions require discretion but must be exercised within the legal framework and respecting natural justice.
Although administrative authorities may make rules (legislative), such powers are limited to what the parent law allows. Administrative action taken in specific cases (like issuing a license or disciplining an employee) is an administrative function.
Conclusion
Understanding the distinction between legislative and administrative functions is crucial because it affects:
How powers are exercised
The scope of judicial review
The application of principles of natural justice
Legislative functions involve rule-making; administrative functions involve execution and application.
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