Functions Of Administrative Law - An Analysis

Author: LawSphereX

Category: Administrative & Regulatory Law

Published: 2026-08-23T19:56:08.033Z

Updated: 2026-08-30T07:12:38.513Z

FUNCTIONS OF ADMINISTRATIVE LAW: AN

ANALYSIS

Aatreyi Shukla, Christ Academy Institute of Law

ABSTRACT

Administrative law guides the actions of administrative agencies of government, creating the framework within which these agencies operate and make decisions upon the functions delegated to them by the Legislature. It is essential to maintain efficiency, accountability, and openness in government operations as well as safeguarding the rights of those impacted by administrative decisions. This field of law includes a variety of duties that are necessary for the administrative state to run well, such as rule-making, enforcement, and adjudication. Administrative law is criticized for possible inefficiencies, overreach, and the difficulties in navigating bureaucratic procedures, even while it improves government by offering a means of public engagement and supervision.

This study aims to analyse the functions of administrative law, highlighting both its positive contributions to governance and the scope of improvement, thereby providing a balanced perspective on its role in contemporary legal and political systems.

1) Objectives

i. To examine the key functions of Administrative Law ii. To assess the positives of administrative law on governance. iii. To ascertain the scope of improvement associated with administrative law.

2 Research Questions

I.

What are the key functions of Administrative Law? II.

What are the positives of Administrative Law upon governance? III.

What is the scope of improvement within Administrative Law?

3 Significance of the study

The significance of this study lies within the complicated structure of administrative law within the framework of modern governance. By examining the key functions of administrative law, the research provides a foundational understanding of how this branch of law facilitates regulatory oversight, policy implementation, and the protection of public interest. This examination is crucial in appreciating the mechanisms through which administrative agencies operate and are held accountable. This study further assesses the positive contributions of administrative law to governance, particularly its role in time-bound work disposal, consideration of expertise in work force and flexibility in actions among others. These insights are essential for evaluating how administrative law strengthens democratic institutions and builds public trust in governmental processes.

Finally, by pointing out possible scopes for development, the study hopes to conclude with some ideas that can improve the efficacy of administrative law. These upgrades are essential to guaranteeing the effective and equitable operation of administrative agencies, which in turn strengthens the rule of law and fosters public confidence in governmental institutions.

4) Methodology

This research is doctrinal in nature, conducted upon in-depth analysis of administrative law and its tenets. I.

Key functions of Administrative Law Administrative Law is that facet of law which governs the legislative actions performed by the Executive, as are delegated to it, by the Parliament. “The goal of administrative law is to redress inequality to ensure that, so far as possible, the individual and the state are placed on a plane of equality before the bar of justice. In reality there is no antithesis between a strong government and controlling the exercise of administrative powers. Administrative powers are exercised by thousands of officials and affect millions of people Administrative efficiency cannot be the end-all of administrative powers. There is also the question of protecting individual’s rights against bad administration will lead to good administration1.

” Administrative Law ensures that the State does not override the power conferred to it and the citizenry is not put in a position of disadvantage. It is the function of administrative law to ensure that governmental functions are lawfully carried out, in consonance with legal principles and for the cause of justice, in addition to efficient mechanical functioning of the administration2. By ensuring carrying out of the administrative actions as per legal principles, Administrative Law also performs the function of maintaining Rule of Law within the State. Such Rule of Law, as per Albert Venn Dicey, includes: i) Absence of Arbitrary Power on part of the government By this, it is meant that no common man is punished without him having breached the law, and such punishment shall be in accordance with the due

1 Aristotle. (n.d.). Administrative Law

Conceptual Analysis. , https://dopttrg.nic.in/otrainingStatic/UNDPProject/undp_modules/Administrative%20Law%20N%20DLM.pdf

2 Unknown, U. (2021). Administrative Law-An Overview

Issues and prospects. Reading Material, https://law. uok. edu. in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/Adm%20Unit_I_and_II. pdf process of law. ii) Every man is subject to ordinary law, administered by ordinary tribunals This implies that there must exist a single law for all men which governs their actions and provides the same punishment upon breach of law. Its interesting to note that within France, in Napoleon’s reign, the system of Droit Administratif was introduced. It was basically a separate system of courts which governed the actions of administrative officials and thereby differentiated them from the common citizenry. Dicey was in complete opposition to such an idea, which according to him violated the very basic requirements of establishment of Rule of Law.

iii) Derivation of Constitutional Principles from Ordinary Law of the Land As per Dicey, the Constitutional Principles were evolved as a result of judicial decisions. We see an example of the same within the Indian Legal System as well, for an instance, inclusion of Right to Education3, Right to Information4, Right to fresh air5, Right to Privacy6, etc within the ambit of Part III of the Indian Constitution were a result of nothing but judicial decisions. These decisions put life into the objectives of Part III of the Indian Constitution, explicating that existence did not just mean mere animal existence but includes certain basic rights which were essential to improve the quality of one’s life. Further, Administrative Law also plays an important role in allocation of functions within the agency itself in a horizontal as well as a vertical manner.

Horizontally, Administrative Law, directly and indirectly determines the relative influence within agencies of various professionals, such as lawyers, civil servants, politicians, etc and vertically, Administrative law directly and indirectly determines

3 Mohini Jain v. State of Karnataka, 1992 AIR SC 1858

4 State of UP v. Raj Narain, 1975 AIR SC 865

5 Rural Litigation and Entitlement Kendra v. State, 1989 AIR SC 594

6 K.S Puttuswamy v Union of India, AIR 2017 SC 4161

the relative influence within agency appointed heads, lower-level bureaucrats and line personnel7. It is through such key functions performed by Administrative Law, that it ensures efficient enforcement of public policies and that governance aligns with Constitutional, legal principles. II.

Positives of Administrative Law upon governance Administrative Law is essential and a widely accepted facet of law, especially in contemporary times, wherein the Legislature deems it of utmost necessity to delegate its functions, which more often than not -overburden it, to the executive. Such law provides stark advantages especially in the context of assuring that the executive does not overstep the powers delegated to it and that it performs its function efficiently with the allotted, limited discretion while simultaneously ensuring that the Legislature is not overburdened. Further, Administrative law promotes accountability of the State and enforces statutory law, thereby it plays an important role in ensuring that the State does not arbitrarily utilise the delegated powers conferred to it, against the citizenry.

It paves a path for access to justice when the rights of the common citizens are breached by State in course of its action. It further ensures rationality and reasonableness in State action by a system of checks and balances, whereby through judicial and parliamentary control, there is minimal exploitation of delegated powers by the Executive. Such a mechanism of control provides for a better efficiency of governance because there is no unguided and miscellaneous hampering of one State organ’s jurisdiction by the other. Consequently, such a well administered system leads to public welfare by protecting individual rights, ensuring accountability, and fairness. In addition, by ensuring delegation of powers in such a systemic manner as iterated above, Administrative Law ensures/ encourages the following, which are also the

7 Vermeule E. M. &. A. (n.d.). Allocating Power Within Agencies,

https://www. yalelawjournal. org/article/allocating-power-within-agencies reasons for its rapid growth and development: a) Time-Bound work disposal Owing to the plethora of work undertaken by the Parliament, more often than not, its not able to fulfil all its obligations due to the paucity of timing and frequency of its sessions. Thereby, in order to ensure that its work is completed in a time-bound manner, it delegates certain non-essential legislative functions to the executive. b) Consideration of expertise in work-force: It provides for action that will be prompt and preventive, rather than merely remedial, and will be based on technical knowledge which would not be available if it were taken through the ordinary course of law8.

The Members of Parliament are elected by the general public and may not necessarily have the required qualifications or technical expertise to lead a particular portfolio, in such instances, they delegate their legislative functions to much well-informed and efficient executive bodies, who act as the mind behind the entire ministry. c) Flexibility in Actions: When the legislative actions are delegated to the Executive, it has a larger purview or scope of exercising its powers and this is especially useful in contingent situations, as a legislative enactment would be cumbersome and slow. d) Regulation by government opens a way for action to be taken in the public interest to prevent future harm where there would be no assurance that any action would be taken if the initiative were left wholly to interested individuals9.

Thus, there is a reduced scope for individuals entrusted with discretion to arbitrarily use it outside the purview for which powers were delegated to them. Thereby, it is apparent that Administrative Law plays an essential role in

8 E. L. Metzler, The Growth and Development of Administrative Law, 19 Marq. L. Rev. 209, 209 (1935).

9 Ibid

controlling the dynamics of delegated legislation, it acts as a Lingua Franca between the Administrative action and reaction within the country. III.

Scope

of improvement within Administrative Law Administrative Law is a highly relevant facet of law, especially within the Indian Legal System, wherein the delegation of non-essential legislative powers to the Executive is a prevalent and common practice. Such a practice has been largely inspired from the American model which allowed for delegation, with certain conditions and that of non-essential functions of Legislature10. Its relevancy has intensified its need and thereby led to a deeper delve into the concept of such law, which brought out several inconsistencies or scopes of improvement within the current administrative law mechanism. Currently, a need for strengthening judicial mechanism involved in administrative tribunals is reflected, wherein the appointment of members of such tribunals needs to be independent and devoid of political influence.

Further, as per the Law Commission of India Report 2017 on- ‘Assessment of Statutory Frameworks of Tribunals in India’ : “As the Tribunals are vested with the judicial powers which had been hitherto vested in or exercised by Courts, the Tribunals should possess the same independence, security and capacity which are possessed by the judges. However, if the Tribunals are intended to serve an area which requires specialised knowledge or expertise, the appointment of Technical members in addition to judicial members must always be welcomed, as they can provide an input which may not be available with the judicial members. 11” Administrative tribunals need to be provided a broader sense of independence, security and capacity while exercising their quasi-judicial functions, further, there

10 Panama Refining Company v Ryan, 293 U.S. 388 (1935)

11 GOVERNMENT OF INDIA & LAW COMMISSION OF INDIA. (2017). Assessment of Statutory

Frameworks of Tribunals in India. Report. , https://cdnbbsr. s3waas. gov. in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081632-2. pdf needs to be a simultaneous incorporation of not just members with judicial, but also technical expertise to efficiently deal with a wider range of matters brought before it. With respect to appointments within tribunals, in the case of L Chandra Kumar v Union of India12, the Supreme Court held that there was a lack of uniformity in the appointments, qualifications, tenures and service conditions within tribunals and hence it would be beneficial to have a nodal agency which would monitor the working of tribunals and establish a uniform system of appointment.

In addition to that a frequent system of audits would aid immensely in the effective functioning of these tribunals by maintaining a system of checks, which could be both – intra and inter agency13. Further, there persists a requirement for Administrative Law to keep modifying in order to efficiently address contemporary concerns, which is aided by the fact that its uncodified and hence largely and with relative ease, be ‘amended’. The static nature of any law prevents it from being beneficial to the ever-evolving society, and a highly relevant facet of law such as Administrative Law will be several folds more advantageous if timely modifications were made to it and the way it is executed. 14. Moreover, according to Senator E.

V Long, in his paper titled- ‘Proposed Changes in Administrative Law’: Administrative procedures have become tremendously complicated, often very lengthy and usually terribly expensive. If, within the bounds of due process, administrative proceedings cannot be made less complicated, less lengthy and less costly, the whole fabric of the administrative process may begin to unravel15.

12 L Chandra Kumar v. Union of India (1997) 3 SCC 261

13 W. A. Magat & C. H. Schroeder, Administrative Process Reform in a Discretionary Age: The Role of Social Consequences, 1984 Duke L.J. 301, 301 (1984). 14 A. Sopko, Reforming Administrative Law: A Comparative Study of Afghanistan, Georgia, and Pakistan, 1 Ohio N.U. L. Rev. 5, 5 (2021).

15 E. V. Long, Proposed Changes in Administrative Law, 19 SMU L. Rev. 203, 203 (2016).

Thus, there need to be changes within Administrative Law in order to streamline the procedures for dispute resolution before tribunals and in order to ensure that the access to justice is not hampered due to excessively long and cumbersome process.

5) Conclusion

In conclusion, as is reflected within this study, Administrative Law plays a very relevant role and carries out key functions in the context of delegated legislation to ensure the protection of rights of individuals and the over-all welfare of the public. It has several advantages which make it so relevant and an important facet of modern day to day administration which include maintaining accountability, transparency and shedding of burden from the legislature. While many argue that Administrative law encourages delegated legislation, which is against the principles of Separation of Powers, it has been made clear through decisions such as J.

W Hampton v USA (1928)16 and Panama Refining Company v Ryan17 -which have also been the basis for several adjudications within the Indian legal system, that there is a dire practical need to delegate powers provided that it is done after noting due reasons for the same. Having said that, there still lies immense scope for the improvement for Administrative law, in the aforementioned ambits, which would enhance its efficiency and ensure that it aptly governs administrative actions.

16 JW Hampton v USA, 276 U.S. 394 (1928)

17 Panama Refining Company v Ryan, 293 U.S. 388 (1935)