Model Answer
0 min readIntroduction
Administrative law, a crucial branch of public law, governs the activities of administrative agencies of government. It’s concerned with the procedure by which these agencies exercise their powers and perform their duties. Unlike constitutional law which deals with the fundamental principles of the state, or criminal law which focuses on offenses against society, administrative law regulates the relationship between the state and its citizens in the context of administrative functions. The statement "Administrative law is recognised by its substance rather than its form" highlights that the validity and legality of administrative actions are judged not by their procedural correctness alone, but by their inherent fairness, reasonableness, and adherence to legal principles.
Understanding Administrative Law
Administrative law emerged as a response to the increasing complexity of modern governance and the proliferation of administrative agencies. These agencies, created to implement legislative policies, often possess quasi-legislative and quasi-judicial powers. Sources of administrative law include:
- Statutes: Acts of Parliament or State Legislatures conferring powers on administrative agencies (e.g., The Administrative Procedures Act, USA).
- Constitutional Law: Fundamental rights and principles enshrined in the Constitution act as a check on administrative power.
- Delegated Legislation: Rules, regulations, and orders made by administrative agencies under the authority of enabling statutes.
- Judicial Precedents: Decisions of courts interpreting administrative law principles.
The ‘Substance over Form’ Principle
The core argument that administrative law is recognised by its substance rather than its form rests on the idea that mere adherence to procedural formalities is insufficient to validate administrative action. The focus is on whether the action is legally sound, reasonable, and just. This principle manifests in several ways:
Judicial Review
Judicial review of administrative action isn’t merely a technical exercise in checking procedural compliance. Courts delve into the reasonableness of the decision, its legality (whether it’s within the agency’s powers), and whether principles of natural justice were followed. For instance, even if an agency followed all prescribed procedures in denying a license, a court can overturn the decision if it finds the denial to be arbitrary or capricious.
Principles of Natural Justice
The principles of audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause) are fundamental to administrative justice. A technically correct procedure that violates these principles is considered substantively flawed. The landmark case of Maneka Gandhi v. Union of India (1978) emphasized the importance of procedural fairness and natural justice even in administrative actions affecting fundamental rights.
Legitimate Expectation
The doctrine of legitimate expectation holds that if an administrative body has led a person to believe that a certain outcome will occur, it should not deviate from that expectation without providing a valid reason. This demonstrates that the substance of the administrative promise carries weight, even if not legally binding in a strict sense.
Proportionality
The principle of proportionality requires that administrative action should be proportionate to the objective being achieved. An action that is excessively harsh or restrictive compared to the goal it seeks to accomplish would be considered substantively invalid.
Illustrative Examples
| Principle | Example | Outcome |
|---|---|---|
| Violation of Natural Justice | A licensing authority cancels a license without giving the licensee an opportunity to be heard. | Court overturns the cancellation, emphasizing the importance of *audi alteram partem*. |
| Unreasonableness | An agency imposes a disproportionately high fine for a minor infraction. | Court quashes the fine, citing the principle of proportionality. |
| Illegality | An agency acts beyond the powers conferred upon it by the enabling statute. | Court declares the action *ultra vires* (beyond its powers). |
Conclusion
In conclusion, administrative law’s recognition hinges on its substance – the fairness, legality, and reasonableness of administrative actions – rather than mere adherence to procedural formalities. While proper procedure is essential, it’s the underlying principles of justice, equity, and adherence to the rule of law that truly define the legitimacy of administrative power. A continued emphasis on substantive review, alongside procedural safeguards, is crucial for ensuring accountable and effective governance in a democratic society. The evolving nature of administrative law necessitates a dynamic approach to judicial review, adapting to new challenges and upholding the principles of fairness and justice.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.