IAS Mantra Series : Public Administration

 

Administrative Law:Important Points

Constitutional law defines the organs of the state while admin law clothes admin with the power of action

Scope of admin law overlaps with the scope of pub administration

‘law which defines the powers of admin, its limits, defining the manner in which power has to be exercised and manner in which limits have to be exercised and grievances addressed’.

>Read Vajiram notes once again.>

Criticisms of Dicey’s rule of law

  • Rigid. Hence brought a dichotomy between rule of law and admin law.
  • Rule of law may not be contradictory to admin law.
  • Substantive and procedural law are complementary
  • Without admin law rule of law is directionless; without rule of law admin law is meaningless.
  • Focus is provided by rule of law. To put it in practice we need admin law.
  • Everybody is equal in eye of law is a bourgeoise interpretation of rule of law.
  • Life and property enjoyed only by only the bourgeoisie. Violations conducted only by the proletariat.  So this law is just a method of oppressing the poor.
  • Nobody should take law into their hands. Ordinary court is costly. Hence this can be afforded only by the rich. So this is a protection against revolution.

Marxist criticisms of rule of law

Scope of Admin Law

MP Sharma

  • Law of admin responsibility
    • Rights, duties of the state
    • Law of admin power
      • All the coercive powers given

Prof Heart

  • Law of internal admin
  • Law of external admin

Tribunals in India

  • ITAT
  • CBDT
  • IDT
  • CAT
  • National Green Tribunal
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