Administrative Law, Key Concepts, Sources, Natural Justice

Administrative law forms the backbone of a well-functioning government. It establishes the rules and principles that govern the operation of administrative agencies, ensuring they act fairly, efficiently, and within the bounds of the law. This article delves into some key concepts that underpin this vital legal framework for CS Exam .

Administrative Law

• Accountably: Agencies must answer for their decisions and justify them within the legal framework.
• Fairly: Individuals have recourse if an agency acts arbitrarily or unfairly.
• Efficiently: Administrative procedures are streamlined to avoid unnecessary delays.
• In accordance with the law: Agencies operate within the confines of the constitution, statutes, and established legal principles.

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Sources of Administrative Law

• Constitution: The foundation of all law, the constitution defines the basic structure of government and often contains provisions related to administrative power and its limitations.
• Legislation: Acts of Parliament or state legislatures establish the specific powers and functions of administrative agencies, outlining the procedures they must follow.
• Judicial Review: Courts play a crucial role in interpreting legislation and the constitution. Through judicial review, courts can declare agency actions unlawful if they exceed their authority, act unfairly, or violate fundamental principles.
• Delegated Legislation: Legislatures sometimes delegate their law-making power to agencies through regulations. These regulations must comply with the enabling legislation and adhere to established legal principles.
• Common Law: Precedents set by courts in past cases involving administrative actions contribute to the development of administrative law principles.

Administrative Discretion

• Reasonably: Decisions must be based on relevant factors and not on irrelevant considerations.
• In good faith: Agencies must act for proper purposes and not for any ulterior motive.
• Proportionately: The chosen course of action should be proportionate to the objective being achieved.

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Judicial Control over Administrative Actions

• Ultra Vires: Beyond its legal authority.
• Unreasonably: In a way that is irrational or illogical.
• Procedurally Improperly: Without following the required procedures, such as failing to provide a fair hearing.

Principles of Natural Justice

• Right to a fair hearing: This includes the right to be notified of the allegations, to present evidence and arguments, and to be heard by an impartial decision-maker.
• Nemo Judex in Causa Sua (No one can be a judge in their own cause): A decision-maker must not be biased or have a personal interest in the outcome.

Exceptions to Natural Justice

• National Security: Where disclosure of information could compromise national security.
• Immigration Matters: When quick decisions are necessary to protect borders.

Liability

• Liability of State or Government in Contract: The government can enter into contracts like any other party. If it breaches a contract, it can be sued for damages.
• Effect of a Valid Contract with Government: A valid contract with the government is binding on both parties. The government cannot unilaterally change the terms of the contract.
• Quasi-Contractual Liability: In certain situations, the government may be held liable even in the absence of a formal contract. This can occur when it would be unjust for the government to retain a benefit received from someone.
• Suit against State in Torts: Generally, the government enjoys sovereign immunity and cannot be sued for its torts (civil wrongs) unless it has waived this immunity through legislation.

Liability of the Public Servant

• Disciplinary Action: Public servants are subject to disciplinary action by their employer, the government, for misconduct or poor performance. This may range from warnings to dismissal.
• Civil Liability: If a public servant acts negligently or intentionally causes harm to an individual, they may be held personally liable for damages.
• Criminal Liability: Public servants who commit criminal offenses, such as bribery or corruption, can be prosecuted like any other citizen.

Distinction Between Sovereign and Non-Sovereign Functions