Classification of
Administrative Action
Substantive/Procedural Violation
Legislative organ
Rule Implementa
Legislative
Making tion of Law
Functions Arbitrary/Malafide/abu
Executive
Parliament se/unresonable
Delegation is permitted
Tribunals or not
Judicial ombudsman
Following of
Review/Presidents Principles of
Judicial Natural Justice
function/settling
disputes
No Exclusive Functions
No organ of the state performs exclusive functions.
Classification of Administrative Action
There is no precise, perfect and scientific test to distinguish the functions
from one another
Administrative and quasi-judicial decisions tends to merge.
Some times a single proceeding may at times combine various aspects of
the three functions.
Legislative Function
Union of India v. Cynamide India Ltd, 1987 2 Scc 720.
“If the function is treated as legislative in nature, there is no right to
a notice and hearing unless a statute expressly requires them”
Bates v. Lord Hailsham of St. Marylebone1972 WLR 1373
“the rules of natural justice do not run in the sphere of legislation,
primary or delegated”
Wade
“There is no right to be heard before the making of legislation,
whether primary or delegated, unless it is provided by statute”
1. Rule making action or quasi-legislative action.
2. Decision making action or quasi-judicial action.
3. Rule-application action or administrative action.
Need For Classification
What functions performed, what is the test to be applied and What is the remedy
Quasi – Judicial Function Principles of Natural Justice
Delegated Legislation No application of Natural Justice/
Publication and Laying on the Table
Administrative Function Delegation is permissible/Unreasonableness
Quasi-Legislative Function
Legislative power to create Rights, Liberty, Powers and Immunities and their
correlatives (Duty, No Right, liability and disability )
Creating a status not dependent upon any previous rights duties privileges, or
immunities.
The power of creating antecedent (originator) legal capacities and liabilities.
Quasi-Judicial Functions
The power to create some right or duty dependent upon a previous right or duty
Creating remedial legal capacities and liabilities
Executive Function
All governmental power which is not a part of the process of legislation or adjudication
Management and execution of public affairs.
Rigidly defining and demarcating the functions is not possible
Quasi-Legislative Function
Rule making, regulation, bye-laws, etc There is no right to a notice
and hearing unless a statute expressly requires them
Distinction between Legislative and Judicial functions
1. Legislation looks to the future 1. A judicial inquiry investigates,
and changes existing conditions declares and enforces
by making a new rule to be liabilities as they stand on
applied creating/conferring new present or past facts.
powers on its subjects. 2. Judicial function is specific,
2. Legislative function is general final and ordinarily relates to
and ordinarily relates to future. the past.
3. Rule-making deals with “what 3. Adjudication deals with “What
the law will be” the Law is”
Legislative and administrative functions distinction
Legislative act is the creation and promulgation of a general rule of
conduct without reference to particular case.
Administrative act is the application of a general rule to a particular case.
A Legislative act looks to the future and changes the existing conditions
by making a new rule to be applied thereafter to all or some part of those
subjects to its power.
An administrative order is issued to specific persons only.
De Smith (Judicial Review of Administrative
Action (1980)
LEGISLATIVE ADMINISTRATIVE
1. To be published in certain 1 . Publication is not
manner. necessary
2. No sub-delegation unless 2. administrative function
specifically mentioned Sub-delegation is allowed.
3. No need to give reasons 3. Duty to give reason applies
for legislative order. to administrative order.
Writ of certiorari does not 4. writ of certiorari applies.
apply
Committee on Ministers Powers
The following are the requisites of judicial functions
1. The presentation of the case by the parties to the dispute
2. If the dispute is a question of fact, the ascertainment of fact by means of evidence
adduced by the parties to the dispute and often with the assistance of argument by or
on behalf of the parties, on evidence.
3. If the dispute between them is a question of law, the submission of legal argument by
the parties.
4. A decision which disposes of the whole matter by finding upon the facts in dispute
and “ an application of the law of the land to the facts so found, including, where
required, a ruling upon any disputed question of law.
Quasi-Judicial functions Administrative functions
Disciplinary proceedings
against students. A preventive detention order
Dismissal of an employee on Acquisition or requisition of
the ground of misconduct property
Confiscation of goods Constituting “Commission of
Inquiry”
Cancellation suspension,
revocation or refusal to renew Power to issue license.
license or permit by licensing
authority.
Determination of citizenship
