Evolution of Administrative law is of delegation power to discharge as statute states It seems in French law & USA with precedent.
FRANCE: French Administrative Law
Droit Administrative by council estates that -checking institution called controller. Law making Administration called Droit Administrative controller by council estate checking institution.
- *Droit Administratif
- It is a French term droit administratif which means administrative law in english.
- Council Estate
- Ordinary court : It is a judicial court that deal with civil and criminal case and have general jurisdiction.
- Subject to Subject court : The court which deals jurisdiction with only to a particular subject matter.
- *Tribunal conflicts-
- Cases between Government & Citizens.
- * Administration deals with civil wrongs
- Dual system of court.
U.S.A Case: Ridge v/s Baldwin the house held that Baldwin has violates the doctrine of natural justice.
- In case of England, it don’t require Administrative.
Scope and sources of Administrative Law
- PIL’s filing
- Abbreviation PIL is public interest of litigation is the case which bring public interest rather than personal interest by any individual or group.
- Administrative law is a fourth organ
- The system of government functioning is likely be functioned, action and discharge service by Administrative agencies .
Sources of Administrative law & Principle Purpose
- Constitution Law
- Administrative Adjudication :
- 42nd Constitutional Ammendment 1976 by swaran singh Committee.
- Administrative Tribunals in Article 323 A and Article 323 B.
- we need expertise opinion- this is the requirement of Administrative Tribunals.
- Hearing officers- judgement given by the Administrative Tribunals and courts.
- Hearing officers Supreme Court ->High court ->Sub-cordinate courts
- Administrative Tribunals -> Advocacy.
- Administrative Adjudication :
- Judicial decisions (Precedents)
- It is principle or rule established by court and makes binding to there subordinate court, in subsequent cases.
- Statute Delegate Legislation
- Under the Grantee of statute means act of parliament, make law, within framework of statute, it is also known as subordinate legislation.
- Reports of Committee of Commissions
- Administrative Tribunals
- They are more faster and alternative source of traditional court to solve the dispute.
- They are the special court handle specific case matter only.
- The matter of dispute which are arisen from administrative action and descision.
- Eg. Employees Insurance Tribunal Act.
- Principle: To promote & uplift supremacy of law.
Rule of Law Administrative law
Supremacy of (law is supreme) law-reference to predominance law in legal spirit.
⇒ Key points: Absolute supremacy of pre dominance, Equality before law.
Theories: Green light theory=function theory, Red light theory= that stop from making arbitration.
Red light Theaory’s Basic Features :
- Account to them counts are the primary weapon that mean to protect the citizen of Control of Executive.
- Public law must be oriented to a words strength individual make strong.
Green light Theory’s Basic Features:
- 1) Green light theory is also known as functionalist theory account to the government is Congenial and it cannot be suspect of Committing unlawful actions.
- Public administration is a good element of States.
- for encouraging the administration adjudication based on legal rule is not the sole idea.
Case: Durga Shankar v/s Raghuraj singh 1954. It held that Administrative court is different from ordinary courts.
Reference: Notes of Riya Tiwari.