Understanding Administrative Law: Principles, Scope, and Natural Justice
Understanding Administrative Law
What is Administrative Law?
Administrative law deals with complaints against government actions that negatively impact individuals. It involves assessing the legality of these actions, examining both the specific law itself and the actions taken under its authority.
Government actions are carried out by officials who must operate within legal boundaries. Their authority stems from legislation, and they must act within its parameters. When officials exceed their authority and individuals are affected, administrative law provides avenues for seeking judicial review and potential remedies.
Nature and Scope of Administrative Law
Administrative law defines the organization, powers, and duties of administrative authorities. It emphasizes procedures for fair judgments based on principles of natural justice and rule-making. It also determines the extent of power granted to officials by specific legislation.
Key principles of administrative law include:
- Power is conferred on the administration by law.
- No power is absolute or uncontrolled.
- Reasonable restrictions should be placed on the exercise of power.
Distinguishing Administrative and Constitutional Law
While related, administrative and constitutional law have distinct focuses. Constitutional law deals with the structure of the state, its various departments, and the highest laws of the land. It provides guidelines for the organization and powers of state organs and their relationships with citizens.
Administrative law, on the other hand, is a subset of constitutional law that focuses on the functions of the state and the powers and functions of administrative authorities in detail.
Natural Justice in Administrative Law
Natural justice is a crucial concept ensuring basic principles of fairness for all litigants. It is based on reason and public policy and applies to decisions made by government agencies, tribunals, and courts.
Principles of Natural Justice
Two fundamental principles of natural justice are:
1. Audi Alteram Partem (Right to be Heard)
This principle ensures that no one is condemned unheard. Both parties in a case must have a fair opportunity to present their case and be heard impartially. Key elements include:
- Prior notice of hearing
- Sufficient time for preparation
- Opportunity to present evidence and cross-examine
- Fair and unbiased hearing
- Right to legal representation
- Reasoned decision
2. Nemo Judex in Causa Sua (No One Should be a Judge in Their Own Cause)
This principle aims to prevent bias or conflict of interest. It is based on the maxims:
- No one shall be a judge in his own cause.
- Justice should not only be done, but manifestly and undoubtedly be seen to be done.
- Judges, like Caesar’s wife, should be above suspicion.
Service Tribunals and Appeals
Civil servants aggrieved by departmental orders can appeal to service tribunals. These tribunals have exclusive jurisdiction over matters related to the terms and conditions of civil service.
Appeals can be made to a single bench or a full bench depending on the severity of the penalty involved. Decisions of service tribunals can be further appealed to the Supreme Court.
Conclusion
Administrative law plays a vital role in ensuring government accountability and protecting individual rights. Understanding its principles and procedures is essential for navigating interactions with government authorities and seeking redress for any injustices.