a 2.1
Short Description
dl...
Description
S%&'!t - Administrati! La"
La" C$ll!#! Class -LL.B (HONS.) IV SEM.
ADMINISTRATIVE LAW
I) Administrati! La"-M!anin# - Sir Ivor Jonning defnes Administrative Law as the Law relating to administration. It determines the organization, powers and duties o administrative authorities. According to Dr. F.J. ort!"Administrative law is made up o all these legal rules either ormall# e$pressed e$pressed %# statute or implied in the prerogative!which prerogative!which have as their ultimate o%&ect the ulfllment o pu%lic law. It touches frst the legislature, in that the ormall# e$pressed rules are usuall# laid down %# that %od#' it touches &udiciar#, in that (a) there are rules which govern the &udicial action that ma# %e %rought %# or against administrative person, (%) administrative %odies are sometimes permitted to e$ercise &udicial powers* thirdl#, it is o course essentiall# concerned with the practical application o Law.+ he Administrative Administrative law deals with composition composition and powers o di-erent di-erent organs o administration, the procedure with the administrative authorities shall adopt in the e$ercise e$ercise o their powers and the various modes o control including particularl# &udicial control over the di-erent inds o powers e$ercised e$ercised %# the administrative authorities. In short the administrative law deals with the powers, particularl# /uasi!&udicial and /uasi!legislative o administrative authorities along with their e$ecutive e$ecutive powers and their control. Freiedmann, while dealing with the nature and scope o Administrative Administrative law sa#s that %>\
S$! $* II) Nat%r! andAd Si Administrati! La"- 0ature ! Administrative law is stud# o istrative powers o multiarious authorities and the nature o their power can %e studies aut administr three under the ollowing heads! Nat%r! $* Administrati! La" (Administrative Administrative authorities and the nature o their power) power)
1 fA^ Legislative or 2ule! 3aing.
i .i
Judicial or Ad&udicative
Administrative Administrative law includes the law relating to! (i) he legislativ legislative e powers o the administ administratio ration, n, %oth at common common law and under under statute' (ii) he administrative powers powers o the administration, administration, %oth at at common law and and under a vast man# o statutes' (iii) he &udicial and /uasi!&udicial powers o administration, all o them statutor#' (iv)he legal lia%ilit# o u%lic authorities' (v) he power o the ordinar# ordinar# courts o supervise supervise the administrative authorities.
1
S%&'!t - Administrati! La" La" C$ll!#!
Class -LL.B (HONS.) IV SEM. III) S$! ! he province o Administrative law consists o the ollowing! IV) ,r$"t $* Administrati! la" in India- in India a s#stem o %oth administrative legislation and ad&udication were in e$istence rom ver# earl# time. 4ut in earl# 4ritish India, e$ecutive e$ecutive had the overriding powers in the matter o administration o &ustice During the 4ritish rule in India, the e$ecutive e$ecutive was invested with such wide powers to mae rules as a modern democratic legislature legislature cannot even imagine. In that period though the court had ample powers to set aside an administrative action,
+
S%&'!t - Administrati! La" La" C$ll!#! Class -LL.B (HONS.) IV SEM. #et paid great respect and attention to their decisions. Judicial relie was availa%le onl# when the administrative remedies were e$hausted. e$hausted. S$%r!s $* Administrati! La" in India
he Law 5ommission 5ommission in its 6I 7th 2eport 2eport has traced the reasons reasons or the growth growth o administrative law in the ollowing words! "Societ# in the 89th centur# has %ecome e$ceedingl# comple$ and governmental unctions have multiplied. he change in the scope and character o the :overnment rom negative to positive, that is, rom the laissez aire to the pu%lic service state has resulted in the concentration o considera%le power in the hands o the e$ecutive %ranch o :overnment.
V) S$%r!s $* Administrati! La" in in India VI) Is Administrati! la" in$nsist!nt in$nsist!nt "it R%l! $* La"/ - Administrative Administrative law is not inconsistent with rules o law. law. Administrative law checs and controls the discretionar# powers o administrative authorities. he administrative law and rule o law are not opposed to each other %ut on the other hand go parallel with a common o%&ective o achieving an orderl# government.
VII) Dr$it Adiministrati*- Droit Administrative can %e defned as a %od# o rules which determines the organization and the duties o pu%lic administration and which regulate the relations o administration with the citizens o the State.
La" C$ll!#!
S%&'!t - Administrati! La"
Class -LL.B (HONS.) IV SEM. DOCTRINE O SE0ARATION O 0OWERS
I) D$trin! $* S!arati$n $* 0$"!rs- he doctrine o separation o power power can %e traced to Aristotle. 4ut it was ormulated or the frst time %# the French &urist. 3ontes ;viu. In India, we have three organs to unction properl# as %elow ! i) ;$ec ;$ecut utiv ive e < to imp imple leme ment nt the the law law ii) Judici Judiciar# ar# < to inte interpr rprete ete the the law law iii) Legislat Legislature ure < to mae mae the law
II) D$trin! $* S!arati$n in India- In India, the doctrine o separation cannot claim an# historical %acground. he doctrine o separation o powers has also not %een accorded a constitutional status. In the constituent Assem%l#, ro. =. . Shah, who was a mem%er o the 5onstituent Assem%l# made a proposal to incorporate the doctrine o separation o powers into the constitution, %ut the Assem%l# did not accept it. hough, the doctrine o powers, powers, in its a%solute, rigidit#, is not inera%le rom rom the provisions o the constitution, Article >9 o the constitution provides that the state should tae steps to separate &udiciar# rom the e$ecutive e$ecutive in all the states o the ?nion. 4ut even then it cannot %e said that Art >9 have incorporated the whole doctrine. Indian 5onstitution has not indeed recognized the doctrine o separation o powers in its a%solute rigidl# %ut the unctions o the di-erentiated parts or %ranches o the government have %een su@cientl# di-erented di-erented and conse/uentl# it can %e ver# well said that our constitution does not contemplate assumption %# one organ or part o the state o unctions that essentiall#
%elongs to another.
La" C$ll!#!
S%&'!t - Administrati! La"
Class -LL.B (HONS.) IV SEM.
E2aml! ! resident o India i) Legislative power Article B8C (rdinance), 819 (eace), C>E (3achiner# Failure) o 5I. ii) Judicial power Article B9C (Dis/uali# 3em%er o arliament) o 5I. iii) Administrative ower ;$ecutive ead
III) M$d!rn Vi!"- 4ut now the trend o the Supreme 5ourt regarding the doctrine o separation o powers has %een change. In the historic case =esvanand 4harati 7s. State o =erala, BGEC the 5ourt changed its view and held that %oth the supremac# o the constitution and separation o powers are parts o the %asis structure o the Indian 5onstitution. IV) 0rinil!s $* S!arati$n $* 0$"!r
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0o one organ should perorm unction that %elongs to other ;$ecutive, legislature, &udiciar# should %e independent o each other V) Cas! La"s -
Delhi Laws Act, BG>B 2ama Java#a 7s. State o un&a%, BG>> iii) 2amrishna Dalmi#a 7s. Justice endular, BG>G iv) Indira :andhi 7s. 2a&nara#an Singh, BGEC
Class -LL.B (HONS.) IV SEM.
S%&'!t - Administrati! La"
La" C$ll!#!
R3LE O LAW I) R%l! $* La"- he term "he 2ule o Law+ is derived rom the Latin phrase "La legalit#+, which reers to a government %ased on principles o law and not o man. In this sense the concept o Hla legaliteH was opposed to ar%itrar# powers. ;dward 5oe originated this concept when he said that the ing must %e under the :od and Law and thus vindicated the supremac# o law over the pretensions o the e$ecutive. -
R%l! $* La" an %s!d in t"$ s!ns!s Ideological senses hen the term 2ule o Law is used in ormalistic sense, it denotes to an organized power as opposed to a rule %# one man. hen it is used in ideological sense, it denotes to the
V Supremac# o Law
R%l! $* La" a$rdin# t$ Di!4
l ;/ualit# .V %eore w
law
Law as a result o uman 2ights
II) Critiism $* Di!45s 1 regulation o the citizens and the government. Dice#Hs views on 2ule o Law have %een criticized %# the modern writers. It is o%served that Dice# misconceived the administrative law in France. e ignored the realities in ;ngland and misinterpreted the situation in France. e was also not right when he saw that there is no administrative law in ;ngland %ecause even during his time 5rown and its servants en&o#ed special privileges on the parts o the doctrine that "=ing can do not wrong.+ Later on Dice# recognized his mistae %# o%serving that there e$ists in ;ngland a vast %od# o administrative law.
La" C$ll!#! Class -LL.B (HONS.) IV S%&'!t - Administrati! SEM. La" III) R%l! $* La" in India- (B) In 6!saanand Barati Vs Stat! $* 6!rala, the view was that the 2ule o Law is a %asic intent o the H5onstitution apart rom democrac#. (8) In Indra ,andi Vs RA7 Narain. Mat!". 7. $&s!r!d8 Hhe rule o law postulates the pervasiveness o the spirit o law that throughout the whole range o government is the sense o e$cluding ar%itrar# o@cial action in the sphere he provisions o the 5onstitution were enacted with a view to ensure the rule o law. IV) M$d!rn $n!t $* R%l! $* La" is *$rm%lat!d &4 Int!rnati$nal C$mmissi$n $* 7%rists-
V) C$nl%si$n- he a%ove discussion clearl# shows that the recent &udgments o the ighest 5ourt o India as well as igh 5ourts e$hi%it a new approach to the concept o rule o law %# emphasizing the air pla# and &ustice in ever# wal o administrative action and access to &udicial remedies or all including sociall# and economicall# weaer sections o the societ#. iomicall# wea
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R%l! $* La"
In legislation
K
In 5riminal procedure
In Judiciar#
La" C$ll!#! Class -LL.B (HONS.) IV SEM.
S%&'!t - Administrati! La"
I) D!l!#at!d L!#islati$n- Austin sa#s, "here can %e no law without a legislative act.+ 4ut when the Legislature, under the pressure o wor delegates the legislative power, it results in delegated legislation. HDelegate legislationH is used in two senses. In one sense delegated legislation means the e$ercise o the power o rule maing, delegated to the e$ecutive %# the legislature. In the second sense, it means the output o the e$ercise o that power, viz. rule, regulations, orders, ordinances etc. he e$pression is used were in %oth senses. here the emphasis is on the limits o constitutionalit# o e$ercise o such power, the term is used in the frst sense * where the emphasis is on the output o the concrete rules the term is emplo#ed in the second sense. In sample words, delegated legislation reers to all law maing %# the authorities other than the legislature i.e., the 5entral :overnment, the State :overnment, 5entral 4oard o 2evenue and the other administrative %odies and is generall# e$pressed as statutor# rules and orders, regulations, %#!laws, scheme directions or notifcations etc. II) Nat%r! and S$! $* D!l!#at!d L!#islati$n0ow!a da#, the arliament passes onl# a seleton and the rest o the parts is let on the administrative agencies to provide through the rule maing power delegated to them. For e$ample the Import and ;$port (5ontrol) Act, BG1E contains onl# eight sections and delegates the whole power to the administrative agenc# to regulate to the whole mechanism o import and e$ports. III) E2t!nt $* D!l!#at!d L!#islat%r! 0$"!rs- An e$ecutive authorit# can %e authorized to modi# either e$isting or uture laws %ut not in an# essential eature, while e$erting its delegated legislative powers. ;$actl#, what constitutes an essential eature cannot %e enunciated in general te rms. 4ut this much is clear that it cannot include a change o polic#. hen a Legislature is given plenar# powers to legislate on a particular su%&ect there must also %e an implied power to mae law incidental to the e$ercise o such power. It is a undamental principle o constitutional law that ever#thing necessar# to the e$ercise o a power in include in the grant o the power. he primar# dut# o law!maing has to %e discharged %# the legislate itsel, %ut delegation ma# %e restored to as a su%sidiar# on an ancillar# measure. IV) ,r$"t Hist$r4 $* D!l!#at!d L!#islati$n- he Statute o proclamation, B>CG which was repealed in B>1E was perhaps the most striing piece o legislation e-ected %# a arliament. ?nder it enr# 7III was given wide power to legislative %# proclamation. he ne$t instance was Statute o Sewers in B>CB where Legislative powers were delegated to the 5ommissioner o Sewers, who was empowered to mae drainage scheme and lev# rates on land owners. hese were outstanding earl# e$amples o a techni/ue which the arliament has alwa#s elt a%le to use.
La" C$ll!#! Class -LL.B (HONS.) IV SEM.
S%&'!t - Administrati! La"
4ut it was not the realm o delegation and such were the rare instances and it was not until eighteenth centur# that we have signifcant development in the realm o delegation. As 3aitland sa#s, "he period %eore Bth centur# was the period o private laws a period when arliament legislated in such detail that man# o its measures would toda# %e matters o administrative instructions.+ he growth o modern delegated legislation is usuall# dated rom BMC1, when the oor Law Amendment Act gave to the oor Law 5ommissioner, who had no responsi%ilit# to arliament, "power to mae rules orders or the management o the oor.+ his power which lasted or a centur# remained a leading e$ample o delegation which put, not merel# e$ecution %ut also the ormulation o polic# into e$ecutive hands. 4ut this was a small instance o e$periment in %ureaucratic :overnment. It did not invoe an# criticism until later part in the centur#. he pu%lication o all delegated legislation in uniorm series under the title o Statutor# 2ules and rders %egan in BMG9 and in BMG> the 2ules u%lication Act made provisions o s#stematic printing, pu%lication and pu%lic notice. In BMGB, or instance, the Statutor# 2ules and rders were more than twice as e$tensive as the statute enacted %# the arliament. Laisse aise state o BGth centur# had given place to social welare state o the First orld ar Deence o the 2ealm Act, BGB1. Social progress ater BG18 complete separation o owers was not possi%le, act. B8C Art. 819. Art. C>E. Art. B1C. V) T4!s $* D!l!#at!d L!#islati$n- n the %asis o the nature o Delegated Legislation the 5ommittee on 3inisterHs powers distinguished the ollowing two t#pes o parliamentar# T4!s $* D!l!#at!d L!#islati$n delegation* i J '
0ormal Delegation
VI) S%&$rdinat! L!#is In su%ordinate legislation the process consists o discretionar# ela%oration o rules and regulations. In ;ngland the power o the arliament are supreme as such all the legislation other than those made %# 4ritish arliament are recognized as su%ordinate. Su%ordinate legislation has its origin in the delegation o the power o arliament to inerior authorities and are su%&ect to control o the sovereign legislation.
;$ceptional Delegation
T4!s $* S%&$rdinat! L!#islati$n (i) 5olonial Legislation (ii) ;$ecutive (iii)3unicipal (iv)Judicial (v) Autonomous
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99999999999999999999999999999999999999 y
Class -LL.B (HONS.) IV SEM.
S%&'!t - Administrati! La"
T4!s (i)
$* S%&$rdinat! L!#islati$n 5olonial Legislation! he legislation %# the sel government %odies lie colonies and other dependence o the 5rown are regarded as colonial legislation. he legislative powers o such %odies are su%&ect to the control o the Imperial Legislation. ;$ecutive! hough the main unction o the ;$ecutive is to administer, %ut it has %een provided with certain su%ordinate legislative powers which have %een e$pressl# delegated to it %# arliament, or pertain to it %# the 5ommon Law Statute. ) 3unicipal! 3unicipal authorities are entrusted %# the law with limited and su%ordinate powers o esta%lishing special or the districts under their control. he special laws so! esta%lished %# the 3unicipal authorities are nown as* 4#e!laws+, and this t#pe o legislation is nown as municipal. Judicial! In ;ngland the &udicature also possesses the lie delegated legislative powers. he higher courts are empowered to mae rules or the regulation o their own procedure. Autonomous! hough the great %ul o enacted laws is promulgated %# the State' the autonomous %odies have %een entrusted with a power to mae %#e!laws or its regulation.
VII) T! $nstit%ti$nal d!l!#ati$nlegislative delegation!
limits
$*
L!#islati! here are two constitutional limits o
T! $nstit%ti$nal limits $* L!#islati! d!l!#ati$n (i) he power o delegation is su%&ect to certain limitations the legislature cannot delegate essential legislative unctions which consist in determining the legislative polic#. he ollowing non!essential unctions ma# %e delegated! (a) he power to e$tent the duration o the statutes, having regard to the local conditions. (%) he power to adopt the e$isting statutes, with the incidental changes in the name, place etc. and to appl# them to a new area, without modi#ing the underl#ing polic# o the statute. (c) he power to promulgate rules i such rules to %e laid %eore the arliament %eore the# would come into orce. (d) he power to select persons on whom the ta$ is to %e laid, to determine the rates or di-erent classes o goods or to amend the schedule o e$emptions. (ii) the power conerred on an su%ordinate authorit# should not su-er rom e$cessive delegation and whether the power so conerred su-er rom e$cessive delegation should %e decided with reerences to the act whether the delegation has gone %e#ond the limits o permissi%le delegation. VIII)
C$nditi$nal L!#islati$n-
W!n an ar$riat! l!#islat%r! !nats a la" and a%t$riti!s an $%tsid! a%t$rit4 t$ &rin# it int$ *$r! in s% ar!a $r at s% tim! as it ma4 d!id!: tat is $nditi$nal l!#islati$n. r!;%!ntl4 t! l!#islat%r! !nats a la" $nditi$nall4 l!ai n# it t$ t! E2!%ti! t$ d!id! as t$(i) W!n "ill it $m! int$ *$r!8 (ii) T! !ri$d d%rin# "i it is t$ &! iml!m!nt!d $r s%s!nd!d 8 and (iii)T! la! "!r! it s$%ld &! ali!d. In $t!r "$rds: C$nditi$nal L!#islati$n ma4 &! d! o the constitution o India has guaranteed certain undamental rights to the people. I the law coners and wide discretionar# power on an administrative authorit# which inringes the undamental rights guaranteed under the 5onstitution then such law ma# %e declared ultravires. Articles C8, 88 and 88E o the constitution o India contain strong power to control the administrative authorit# i the# e$ceed the limit or a%use the powers given to them. he courts have use the undamental rights as a tool to control to some e$tent either %estowal o discretionar# power on the administration or manner o their e$ercise. Artil! 1 Article B1 o Indian 5onstitution declares that "state shall not den# to an# person e/ualit# %eore law and e/ual protection o the laws throughout the territor# o India.+ hus this Article speas a%out the "e/ualit# %eore law and e/ual protection o the laws.+ In addition to this provision the right to e/ualit# has %een again accepted under Arts B> and B. ?nder Article B> there is a provision or the prohi%ition o discrimination on the ground o religion, race, caste, se$ or place o %irth. ?pon these grounds state shall not impose an# lia%ilit# or disa%ilit# o an# ind. Similarl# under article B e/ualit# o opportunit# has %een granted to all citizens in the matters o pu%lic emplo#ment. ;/ualit# %eore law ;nglish concept. ;/ualit# %eore law simpl# prohi%its class legislation, it does not prohi%it classifcation. ;/ual protection clause is part o American 5onstitution also. 0ainsuhds 7s State o ?.., it was held that a law which provided or election on the %asis o separate electorates or mem%ers o di-erent religions and communities was unconstitutional. Administrati! disr!ti$n and Artil! 1 here are seven undamental rights guaranteed to the citizens o India under Article, BG, which are as ollows* (a) Freedom o speech and ;$pression (i) Freedom o Assem%l#
S%&'!t - Administrati! La" La" C$ll!#! Class -LL.B (HONS.) IV SEM. (iii) Freedom to orm Association (iv)Freedom o 3ovement (v) Freedom to reside and to settle (vi)Freedom to ac/uit, hold and dispose o propert# (his undamental right has %een omitted %# 5onstitution 11th Amendment Act BGEM) (vii) Freedom o proession, occupation, trade or %usiness. O. he restriction on act! BG must %e constitutionall# valid and must satis# the ollowing two tests* (i) he restriction must %e or the purpose mentioned in clause 8 to o Article BG. 7%diial $ntr$l $!r administrati! ats
5onstitutional
Statutor#
rdinar# or e/uita%le
(ii) he restriction must %e reasona%le. he reasona%le restrictions are open to &udicial review. III) 0r$isi$ns $* 7%diial $ntr$l $!r administrati! ats- In India, the provisions o &udicial can %e grouped into ollowing three heads* (1)C$nstit%ti$nal- Article C8, 88, 88E o 5I. (+)Stat%t$r4 R!i!"- here are some acts which provide or an appeal rom statutor# tri%unal to the igh!5ourt on the point o law or e$ample ormenHs 5ompensation Act BG8C. ()Ordinar4 $r E;%ita&l!- he ollowing are the ordinar# or e/uita%le modes to control an administrative discretion. (a) In&unction (%) Declaration (c) Suit or damages. (a) In'%nti$n- A Judicial process %# which one who has invaded or is threatening to invade the rights legal or e/uita%le o another, is restrained rom continuing or committing such wrongul act. In&unction section C to 18 o the Specifc 2elie Act BGC. 2egulate %# the 5ode o 5ivil rocedure BG9M (Se CE o the Specifc 2elie Act.) retrain rom doing, a particular thing until the suit is disposed o or until urther orders o the 5ourt. An interlocutor# application, preserve the status Nuo pending trial and &udicial discretion o the court. (&)D!larati$n Ati$n - A declarator# action denotes a &udicial remed#, which conclusivel# determines the rights and o%ligations o pu%lic and private persons and authorities, without the addition o an# coercive decree. It is merel# a defnition o rights and o%ligations. It does not prescri%e an# urther relie nor an# sanction against the deendant. It simpl# results in the removal o the e$isting dou%ts regarding the legal rights o the plainti-. () S%it *$r dama#!s - henever an# wrong is done to an individual %# some wrongul negligent acts o the pu%lic authorities, such individual ma# fle a suit or damages against such authorit#O he principles determining the /uantum o damages are the same that govern the private individuals.
S%&'!t - Administrati! La" La" C$ll!#! Class -LL.B (HONS.) IV SEM. IV) ,r$%nds t$ all!n#! administrati! disr!ti$n - In India, the provisions o &udicial can %e grouped into ollowing three heads*
,r$%nds t$ all!n#! administrati! disr!ti$n
Lac o procedural e$pectation Ar%itrar# use o discretionar# power
OSr .
f O'
V) Cas! La"s P i) ii )
$r r!*!r!n! 2D Shett# 7s. International Airport Authorit#, BGEG immatlal 7s. olice 5ommissioner, Ahmada%ad, BGEC
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V
La" C$ll!#! S%&'!t - Administrati! La"
Class -LL.B (HONS.) IV SEM. I) Administrati! ADMINISTRATIVE TRIB3NALS Tri&%nals
Administrative ri%unals are agencies created %# specifc enactments to ad&udicate upon controversies that ma# arise in the course o the implementation o the su%stantive provisions o the relative enactments. ?nlie that o the court which is parts o the traditional &udicial s#stem o a countr#, the &urisdiction o administrative tri%unal is not general. 4ut specifc, the courts, nown to Anglo!sa$on &urisprudence would entertain suits, ranging or a simple claim or recover# o de%t to complicated issues o law and acts, %ut e$cluding the vires o legislation. Administrative ri%unals are solel# /uasi!&udicial unctions. It should %e noted that an administrative %od# will %e administrative tri%unal onl# when that %od# is constituted %# the state and is vested with some &udicial powers o the state. he tri%unals are generall# given the power o a civil 5ourt en&o#a%le under the code o 5ivil rocedure in the matters o summoning witness, compulsor# production and discover# and documents, receiving o evidence on oath and on a@davit, issuing commissions etc. Carat!ristis $* Administrati! tri&%nals
II) Carat!rist Administrative tri%u
Administrati! tri&%nals- he ollowing are the characteristics o
(i) hat the# are esta%lished %# the e$ecutive under the provisions o statute. (ii) hat though the# are re/uired to act &udiciall#, the# perorm /uasi!&udicial unctions. (i) hat the# are independent and imperial and wor without %eing inRuenced %# the :overnment. (ii) hat the# have the powers o 5ivil 5ourts in certain matters and their proceeding %# the considered to %e &udicial proceedings. (iii)hat the# are re/uired to ollow the principles o natural &ustice in deceiving the cases. (iv)hat the# are not %ound to ollow the technical rules o the procedure and evidence prescri%ed %# the civil procedure 5ode and ;vidence!Act. (v) hat the# are not courts in proper sense o terms.
Ill) Di=!r!n! &!t"!!n Administrati! Tri&%nal and C$%rt he main distinction %etween the court and an administrative tri%unal lies in the law polic# distinction. 4ecause the court frst ascertains acts and applies law to these ast as such the unction or a &udge is lie as solt machine! controlled act fnding and controlled application o
La" C$ll!#! law. n the other hand, an Administrative ri%unal proceeds with a controlled act Class -LL.B (HONS.) IV S%&'!t - Administrati! SEM. La"
fnding and an uncontrolled application polic#. Secondl#, there is no uniorm procedure which the administrative tri%unals are re/uired to ollow e$ercising ad&udicator# powers, whereas the 5ourts ollows a uniorm, f$ed statutor# procedure, hirdl#, the 5ourt e$ercises onl# &udicial unctions whereas Administrative ri%unals undertae various other administrative unctions. Fourthl#, tri%unal is wider than 5ourt. All 5ourts are tri%unals %ut all tri%unals are not courts.
IV) R!as$n *$r d!!l$m!nt Administrati! Tri&%nal (B) he procedure adopted %# the 5ourt is ver# much technical and the approaches o the 5ourts are highl# individualistic and ritualistic. (8) Secondl#, a litigation %eore a 5ourts o Law is time consuming T costl#. (C) hirdl#, the administrative ad&udicator# s#stem came into e$istence with intent to carr# out o the modern governmental plans o pu%lic health, education, planning, social securit#, transport, agriculture, industrialization and national assistance and to provide a s#stem o ad&udication which was inormal, Re$i%le, cheap and rapid. me o the state covering all the isputes and growing demand o
V) ,r$"t in India he necessities o modern collectivist socialist state economic programme aspects o human lie, dela# in civil proceedings, in the technicalit# o disputes an &ustice and economic resulted in vas prolieration o powers o administration, regulating human activities in multiarious wa# which ultimatel# resulted in the growth o innumera%le /uasi!&udicial %odies. hese tri%unals are esta%lished the law, although its mem%ers are appointed %# the :overnment. It decides the matters while acting &udiciall#, ree rom the technical rules o procedure and evidence o a court o law eeping ull# in view the social needs accepted pu%lic polic#. It should %e noted that administrative tri%unals are constitutionall# recognized under Article C8, BC,88 and 88E o the constitution o India. VI) D!m!rits $* Tri&%nals
+.
A
1. T! ari!t4 $* administrati! tri&%nals as #r$"n li! m%sr$$ms in t! rain4 s!as$n. N$ %ni*$rm s4st!m $* a!al a#ainst t! d!isi$ns $* tri&%nals. M!dial C$%nil $* India: C!ntral ,$!rnm!nt. T! t!nial r%l!s $* Eid!n! A d$ n$t al4 t$ administrati! tri&%nals. >A $%rt $* n$ a!al as &!!n %t in t! ands $* m!n "$ ar! #!n!rall4 n!it!r ;%ali
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