Public Administration Optional (Administrative Law (Paper-1)) by Abhishiekh Saxena

Model Answer

Question #1. Critically analyze the concept of Delegated Legislation. 10 marks (150 words)

Following are the criticism of delegated legislation:

• Delegated legislation results in overlapping of functioning as the delegated authorities get work to amend the legislation that is the function of the legislators.
• It has been a matter of question that if the Legislature control has come down after the arrival of the delegated legislation.
• Unelected people cannot make much delegated legislation as it would be against the spirit of democracy.
• After getting too much power from the Legislature, the Executive has encroached upon the domain of legislature by making rules and regulations.
• The enactment subject that was appointed to less Parliamentary scrutiny than essential enactment. Parliament, along these lines, has an absence of authority over appointed enactment, and this can prompt irregularities in laws. Appointed enactment, in this way, can possibly be utilized in manners which Parliament had not foreseen when it was given the power through the Act of Parliament.
• Delegated legislation makes laws without much discussion. So, it may or may not be better for the public.
• Designated legislation by and large experiences an absence of exposure. Since the law made by a statutory authority not informed to general society. Then again, the laws of the Parliament are generally broadcasted. The purpose of the absence of exposure is the enormous degree of enactment that is being assigned. There has likewise been concern communicated that an excess of law is made through appointed enactment.
• It can possibly be misused for political gain. The executive makes law according to what the political parties. Hence, it results in the misuse of the legislation made by the Executive by the ruling party.
• Executives become too powerful as it already has the power of executing any laws and legislation and now the Legislature is delegating its legislative power to the Executive. So, both the power are in the hands of the executives now he can use this power in whatever way he wants to use it.
• It is against the theory of the power of separation which has been given by the famous political thinker Montesquieu.

Question #2. Administrative law is a law limiting and delineating the role of the state. In this context discuss its scope for modern state. 15 marks (250 words)

Approach:

• Describe Administrative Law.
• Frame arguments as per question statement.
• Stress on keywords – limiting and delineating.

Administrative law deals primarily with the administrative authorities’ powers and responsibilities and the multiple remedies accessible to the affected persons. Under the welfare state, because of technological & scientific developments, there is a tremendous increase in the state activities. As Roland says, “before the days of the automobile, there was no need for the policeman to direct traffic because there was no traffic!”

The need to exercise powers grew with the increase in state activities: administrative and executive powers were expanded, delegated legislation was also developed in the form of rules, regulations by-laws, notifications, etc. Administrative tribunals have begun to exercise judicial functions to resolve disputes.

The Administrative authorities have discretionary powers. If these are used properly, the welfare state will be there. There is going to be a totalitarian state if abused. (Lord Dennings)

Administrative law therefore defines and demarcates these powers and also provides remedies to those affected persons when abuse occurs. This exercise of considerable power is the main cause of the growth of administrative law. The trend is to reconcile people’s freedom and justice with the need for implementing social and economic policies.

In this respect, within the framework of the Constitution of India, personal freedom and liberty are to be safeguarded.

In this context, the basic principles of administrative law are the judicial review of administrative action, prevention of misuse or abuse of power, and provisions for suitable remedies.

With Bernard Schwartz, it is true to say that “the goal of administrative law is to ensure that the individual and the state are placed on a plane of equality before the Bar of Justice”.