DISCRETION BASED CLASSIFICATION OF ADMINISTRATIVE ACTION

Introduction

Administrative law is the law that controls the governmental powers of a country. The key function of Administrative law is to keep powers of the government within the scope of limit or controlled by which they cannot violate it or protect the innocent citizens against any kind of abuse.

Functions of administrative law

  • It controls the power of the government.
  • It protects the individual rights of the citizens of the country.
  • It tells the organization officers about their powers and their duties.

The primary object of administrative law is to protect citizens from any kind of problem which can arise to them by misusing the powers given to the administrative authorities.

 

“SCHWARTZ” has further classified Administrative law into 3 parts:

  1. The power which vests in the hands of administrative agencies.
  2. Requirements imposed by the legal positions on the use or exercise of those powers.
  3. List of the remedies available to citizens if any misuse of the power has been done by the authority against them.

 

The administrative action is been classified into 3 parts:

  1. Quasi-legislative Action or Rule Making Action
  2. Quasi-Judicial Action or Rule Decision Action
  3. Administrative or Quasi-Judicial Action

 

In further explanation

  1. Quasi-legislative Action Or Rule Making Action are the actions in where the power of law-making is delegated to the authority’s below them by which they can formulate new law’s which are suitable for the better running of the institution’s or classes.

As if the law-making power is given to the person who is working day and night in the same fields they know the shortcoming and the solutions to overcome those problems.

For E.g. Rule Making Authority delegated to colleges to make disciplinary laws and in hospitals to make necessary rules for their staffs. In Educational universities rules related to the authorities and work done by the affiliated colleges and works.

 

  1. Quasi-Judicial Action or Rule Decision Action is the action in which decision making power is delegated to the organs below by which they can make the right decision more clearly, effectively, and in a fast or smooth way.
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As there are lots of problems that arise in a kind of field and it is not possible all times to run to the apex body like a court as the court is running overloaded the decision coming time gets increased which leads to the derogation of justice delivery system.

That why these organs have the power allotted by the judiciary to exercise and take a decision in a reasonable way for better efficiency in the process.

 

Some e.g. in which this Quasi-Judicial Action takes place
  • Taking necessary action in disciplinary issues.
  • Taking necessary action in schools against mischievous activities done by naughty students.

LEGISLATURE, EXECUTIVE AND JUDICIARY FUNCTIONS

Legislature 

The main work of the legislature is to formulate laws for the better future of the state by keeping the present view of the position of the state in the ideology while drafting laws and the laws made by them are applied to every citizen in the country.

The Legislatures are considered as law framing bodies of the country. It makes law, amends, and replaces old laws. This branch of government is called Parliament which comprises two houses Lok Sabha (House of People) also known as the lower house and the Rajya Sabha (Council of States) known as the upper house.

President is the head of the legislative branch and has allotted exceptional powers by the Indian Constitution. Only President has the power to convene Parliament, to summon the Parliament to meet, send any kind of the message any of the houses for any pendency of a bill, has the authority to decide which type of bills should be introduced in the Parliament and only he has the final consent of approval of the bills.

The Legislative branch of the government is fully enjoyed its supremacy but is not to be treated as whole sovereignty. The working of the legislature is or can be scrutinized by the judiciary the apex body of granting justice if there is any kind of allegation framed against the legislatures then the whole process will be done by the Supreme Court of India

The legislature has to formulate and make all the laws for the better effective running of the country as they have to make the laws that have to be followed by every citizen of the country and has to abide and maintain the peace, harmony, and integrity of the country.

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Executive

The executive organization comprises of President, Vice-President, and Cabinet Ministers. The executive branch of the country is commanded and head by the President who is the head of the state. Moreover, the executive has to work in unity with the assistance of the Prime Minister who is the head of the government.

The executive also formulates and makes the executions of the policies by the government. It has the power to dissolve, summon Parliament, call for new elections, terminate the government of states and territories, or also impose emergency in any state.

The President is also the sole supreme commander of all of the armed forces such as NAVY, ARMY, and AIR FORCE.

Judiciary

The judiciary branch of the country has the responsibility to deal with the administration of justice. Judiciary is a guardian of the Constitution and it safeguards all of the rights of citizens which are given to them by the constitution of our Country. The apex body in the judiciary is the Supreme Court.

Judiciary also functions as an advisory body for the President when president though that’s the need some sought of legal help in any kind of any matter.

Judiciary has also the power to punish peoples of they found doing there a violation of the law as the law was made to protect them only. As Laws are formulated only for the benefits of citizens and if anybody tries to hamper or infringe with them so the judiciary has the power to impose some sought of punishment on the offender which can be life imprisonment or fine.

There are 3 types of Courts in India

  1. Supreme Court
  2. High Court
  3. District Court

 

Judicial functions

  1.   Quasi-Judicial Function

“Quasi” means “not exactly”. Basically an authority is called a quasi-Judicial when it has some essence of the functions of the judicial organs of the country but authority is said to quasi-judicial only when some feature of the judiciary is allotted to them for better functioning of the task not more than it.

 

CLASSIFICATION OF PURE ADMINISTRATIVE FUNCTION

Administrative function is further divided into 3 parts:

(a) Administrative discretion

(b) Ministerial action

(c) Administrative instruction

 

     (a)Administrative discretion:

In simple sayings, discretion is basically choosing one from the availability of various vacant substitutes.

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The major issue which hampers the process of administrative discretion is multifarious. It will be true to say that it is a very problematic part form of government as for better working the important is o tale effective and efficient decisions to be made by the officials

 

      (b)Ministerial action:

The ministerial function is those duties performed by the group of support that is allocated with the task to overcome or hinder easily by any choice or judgment.

In ministerial action the superior authority assigns the tasks to lower authorities as the collection of revenue is an e.g. of ministerial actions by the officials.

 

    (c)Administrative instruction:

Administrative instruction is the form of issuance of strength to issue order flow from the general executive to the administration.

As Administrative instruction’ is to be considered as the best and effective way to attain uniformity inactions of the administration

Moreover, these instructions likewise provide preferred flexibility to administration by which they can overlook any kind of problem they face in any technology part in the process of rulemaking.

 

Administrative Functions

Following characteristics are inherent with the Administrative functions:

  • An order given by the administrators is generally working or based on the guidelines or framework of the governmental policies.
  • In administration decisions, there is not at all any kind of obligation to adopt a
    suggestions given by judicial officers for better functioning as the judges are the only one who comes in direct contact with the offenders of the specific law.
  • Administrative functions are further can be delegated and sub-delegated as there is no specific regulation consisting of that statue unless the delegated power is used over.
  • An administrative authority is not permanently to be bound by the ideology
    of natural justice unless the statute casts such duty on the authority,
    either expressly or by necessary implication or it is required to act
    judicially or fairly.
  • If there is an administrative order passed which is not able to prove it’s reasonably beyond doubt, it can be held invalid on the terms of vague.
  • The privilege writs such as certiorari and prohibition are not always readily sanctioned by the courts against administrative actions.

References

  1. www.desanacademy.com
  2. www.arhaanahmed.wordpress.com

 

 

Author: Pushkar Khanna,
Delhi Metropolitan Education affiliated to GGSIPU/ 2nd Year/ Law Student

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