Administrative Action
Administrative action is the backbone of modern governance. In a welfare State like India, the government does not merely legislate and adjudicate disputes; it also actively implements laws, delivers public services, regulates industries, and safeguards social and economic justice. These activities are carried out through administrative authorities, departments, tribunals, and statutory bodies. To understand how these authorities function and how their actions can be controlled or challenged, it is essential to study the classification of administrative action. This classification helps in identifying the nature of power exercised, the procedure followed, and the extent of judicial review applicable under the Law of Administration and Constitutional Law.
Administrative actions are not uniform in character. Depending on their source, purpose, and effect, they can be classified into different categories. This essay explains the major classifications of administrative action with reference to relevant legal principles, constitutional provisions, and judicial interpretations.
Meaning of Administrative Action
Administrative action refers to actions taken by administrative authorities in the exercise of executive power to implement laws and policies. It includes decisions, orders, rules, directions, and measures taken by public officials that affect the rights, duties, or interests of individuals. Unlike legislative or judicial functions, administrative actions are generally concerned with the execution of law rather than its formulation or interpretation.
Classification of Administrative Action
Administrative action can be broadly classified under the following heads:
Legislative Administrative Action
Legislative administrative action occurs when administrative authorities exercise delegated legislative powers. Since the legislature cannot make detailed laws for every situation, it delegates rule-making power to the executive.
Examples include:
- Rules
- Regulations
- Bye-laws
- Notifications
These actions are legislative in nature because they lay down general rules of conduct applicable to the public at large. For instance, rules framed under the Factories Act or Motor Vehicles Act are classic examples of legislative administrative action.
Legal Significance:
Legislative administrative actions are generally not subject to principles of natural justice unless expressly provided by statute. However, they are subject to judicial review on grounds such as ultra vires, arbitrariness, or violation of fundamental rights under Articles 14 and 19 of the Indian Constitution.
Judicial or Quasi-Judicial Administrative Action
Judicial administrative action involves the determination of rights of individuals by applying legal principles after hearing the parties concerned. When an administrative authority acts judicially but is not a court, the action is termed quasi-judicial.
Examples include:
- Disciplinary proceedings against government employees
- Tax assessment orders
- Decisions of administrative tribunals
Essential Features:
- There must be a dispute or determination of rights
- The authority must act fairly and impartially
- Principles of natural justice must be followed
Judicial View:
In A.K. Kraipak v. Union of India, the Supreme Court held that the distinction between administrative and quasi-judicial functions has become thin, and fairness must guide all administrative actions affecting rights.
Purely Administrative or Executive Action
Pure administrative action involves routine execution of policies and laws without determining rights or laying down general rules. These actions are often policy-oriented or managerial in nature.
Examples include:
- Grant of licenses
- Appointment and transfer of public servants
- Allocation of resources
These actions do not require a judicial approach, but they must still be reasonable, non-arbitrary, and fair.
Constitutional Control:
Article 14 acts as a major safeguard against arbitrary executive action. Courts can interfere if administrative discretion is abused or exercised mala fide.
Ministerial and Discretionary Action
Administrative actions can also be classified based on the degree of discretion involved.
(a) Ministerial Action
A ministerial action is one where the authority has no discretion and must act in a prescribed manner.
Example:
- Issuing a certificate after fulfillment of statutory conditions
Such actions are mechanical and do not involve personal judgment.
(b) Discretionary Action
Discretionary action allows the authority to choose between different alternatives based on judgment.
Example:
- Granting parole
- Issuing preventive detention orders
Although discretion is necessary for effective administration, it must be exercised within legal limits. Excessive or unguided discretion is subject to judicial review.
Administrative Action Affecting Rights vs. Non-Affecting Action
Another important classification is based on whether the action affects individual rights.
(a) Actions Affecting Rights
These actions have civil consequences, such as loss of employment, property, or liberty.
Example:
- Cancellation of a license
- Dismissal from service
Such actions require compliance with natural justice principles, including the right to be heard.
(b) Actions Not Affecting Rights
Actions of a general or internal nature that do not affect individual rights directly.
Example:
- Internal departmental circulars
Courts usually refrain from interfering in such actions unless mala fide intent is shown.
Policy Decisions and Administrative Action
Policy decisions are taken by the executive to achieve socio-economic objectives. Although courts respect executive wisdom in policy matters, they can intervene if the policy is:
- Arbitrary
- Discriminatory
- Violative of constitutional provisions
In BALCO Employees Union v. Union of India, the Supreme Court emphasized judicial restraint in reviewing policy decisions unless they are unconstitutional.
Importance of Classification of Administrative Action
The classification of administrative action is crucial for several reasons:
- It determines the procedure to be followed
- It identifies the extent of judicial review
- It ensures accountability and transparency
- It protects individuals against abuse of administrative power
Understanding these classifications enables citizens and legal practitioners to challenge unlawful actions and uphold the rule of law.
Mnemonic to Remember the Classification of Administrative Action“LJ-PMDP”
- L – Legislative action
- J – Judicial / Quasi-judicial action
- P – Pure administrative action
- M – Ministerial action
- D – Discretionary action
- P – Policy-based action
About Lawgnan
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