Processes in public administration: legislation and delegated legislation Discretion Rule-making Policies Adjudication Consultation Allocation of functions
🔹 Processes in Public Administration: An Overview
Public administration involves a wide array of processes to implement, interpret, and enforce laws and policies. These processes can be legislative, executive, or quasi-judicial in nature. Below are the major categories of administrative processes:
I. Legislation
📌 Meaning:
Legislation refers to the process by which laws are made by the legislature, such as Parliament or State Assemblies. However, administrative bodies may also play a role in drafting, proposing, or executing these laws.
📌 Role in Public Administration:
Defines powers and responsibilities of administrative authorities.
Delegates powers for subordinate rule-making.
Enacts frameworks for service delivery, governance, regulation, and welfare schemes.
⚖️ Case: Kesavananda Bharati v. State of Kerala (1973)
Issue: Whether Parliament's power to amend the Constitution is unlimited.
Holding: The Basic Structure Doctrine was laid down, affirming that laws passed by the legislature must respect core constitutional values like Rule of Law, separation of powers, and judicial review.
II. Delegated Legislation
📌 Meaning:
When legislatures delegate law-making powers to administrative agencies or the executive, the rules and regulations made by these bodies are called delegated (or subordinate) legislation.
📌 Importance:
Allows flexibility and expert input.
Essential for detailed regulation in technical areas.
⚖️ Case: In Re: Delhi Laws Act (1951)
Issue: Constitutionality of delegating legislative power.
Holding: The Supreme Court upheld delegated legislation as long as essential legislative functions are not delegated (i.e., the policy must be set by the legislature).
III. Administrative Discretion
📌 Meaning:
Discretion refers to the freedom of decision-making granted to administrative authorities within the limits of the law.
📌 Significance:
Helps in flexible and context-sensitive governance.
Must be guided, non-arbitrary, and judicially reviewable.
⚖️ Case: Sundarjas Kanyalal Bhatija v. Collector, Thane (1989)
Issue: Discretion in town planning and zoning decisions.
Holding: Discretion must be exercised within legal bounds and not in an arbitrary manner.
IV. Rule-Making
📌 Meaning:
Rule-making refers to the process by which administrative bodies frame rules and regulations under the powers granted by parent statutes.
📌 Scope:
These rules have the force of law if made following proper procedures.
Rule-making may involve public notice, consultation, or approval.
⚖️ Case: Vasantlal Maganbhai Sanjanwala v. State of Bombay (1961)
Issue: Whether subordinate rules framed under a statute are valid.
Holding: The rules are valid as long as they conform to the parent Act and don't go beyond it.
V. Policy-Making
📌 Meaning:
Policy-making involves setting out broad goals, principles, or strategies to be followed in governance.
📌 Difference from Rules:
Policies are not laws, but they guide administrative action and decision-making.
⚖️ Case: Ramana Dayaram Shetty v. International Airport Authority (1979)
Issue: Whether a government policy restricting contracts violated Article 14.
Holding: Administrative policies must be fair, non-arbitrary, and transparent.
VI. Adjudication
📌 Meaning:
Adjudication is the quasi-judicial function of administrative bodies to settle disputes or determine rights under a statute.
📌 Common in:
Tax tribunals, electricity boards, consumer forums, and administrative tribunals.
⚖️ Case: A.K. Kraipak v. Union of India (1969)
Issue: Whether administrative adjudication must follow principles of natural justice.
Holding: Even in administrative actions, natural justice must be observed when decisions affect rights.
VII. Consultation
📌 Meaning:
Consultation refers to the process of seeking views or inputs from other departments, stakeholders, or the public before making decisions or framing rules.
📌 Role:
Enhances transparency and public participation.
May be mandatory or advisory, depending on the statute.
⚖️ Case: Union of India v. Cynamide India Ltd. (1987)
Issue: Whether the government must consult stakeholders while fixing drug prices.
Holding: Though consultation wasn’t mandatory here, the Court acknowledged its importance in complex policy decisions.
VIII. Allocation of Functions
📌 Meaning:
This refers to the division and assignment of responsibilities among various departments, ministries, or administrative agencies.
📌 Importance:
Ensures efficiency, specialization, and accountability in governance.
Often based on rules of business, administrative orders, and statutory mandates.
⚖️ Case: State of Rajasthan v. Union of India (1977)
Issue: Whether the Centre could interfere with state functions under the Constitution.
Holding: The Court upheld the constitutional distribution of functions and emphasized federal balance.
🔚 Conclusion
Each process in public administration—from law-making to adjudication—is vital for governance, and courts have played a critical role in ensuring that:
These processes comply with constitutional mandates.
Discretion is controlled, not arbitrary.
Policies and rules are consistent with the parent law.
Consultation and fairness are part of decision-making.
Functions are properly allocated across levels of government.
📘 Summary Table
| Process | Key Case | Key Principle |
|---|---|---|
| Legislation | Kesavananda Bharati | Basic structure limits legislative power |
| Delegated Legislation | In Re: Delhi Laws Act | Legislature can delegate within limits |
| Administrative Discretion | Sundarjas Kanyalal Bhatija | Discretion must not be arbitrary |
| Rule-making | Vasantlal Maganbhai | Rules must conform to enabling legislation |
| Policy-making | Ramana Shetty v. IAAI | Policies must be fair and non-discriminatory |
| Adjudication | A.K. Kraipak v. UOI | Natural justice in administrative adjudication |
| Consultation | Cynamide India Ltd. | Stakeholder input strengthens legitimacy |
| Allocation of Functions | State of Rajasthan v. Union of India | Respect for federal structure and division of powers |
RELATED Blog
0 comments