Types of Administrative Action

Administrative processes are a byproduct of intense administration, transcending conventional governmental classifications. The constitution consolidates powers formerly held by three separate state entities. Administrative law authors generally agree that attempting to categorize administrative functions or concepts is fruitless. Administrative law students must learn about categorization as current legislation, particularly in judicial review, frequently uses conceptual classifications of administrative actions.

Key Takeaways:

• Administrative law governs the responsibilities and duties of the administrative authority, and administrative acts are those that fall under this category.
• Legal actions on public administrative bodies are referred to as administrative actions.
• By implementing administrative action the public is safeguarded and social order is upheld. It is an activity that is neither judicial nor legislative.
• Administrative decisions should adhere to fundamental fairness standards, as they are subject to judicial scrutiny if they do not.

Types of Administrative Action

There are four types of administrative action:

1. Administrative Legislative Action

Administrative legislative action happens when the government acts like the legislature because it’s impossible for any legislature to make perfect laws that cover every possible issue. Even if lawmakers worked every day, conflicts would still arise. This includes making rules and regulations, which are like laws, to fill in the gaps. So, government agencies create rules to deal with specific problems not fully addressed by the Parliament.

For example, when government agencies, like the Ministry of Environment, create detailed rules and standards to enforce laws like the Air (Prevention and Control of Pollution) Act or the Water (Prevention and Control of Pollution) Act. These rules fill in the gaps and address specific environmental issues not covered comprehensively in the original laws passed by the Parliament.

2. Quasi-judicial Action or Administrative Adjudicatory Action

Quasi-judicial action happens when the government acts like a judge, deciding legal matters that affect people’s rights. It’s like a mini-court within the administration. They make decisions on issues like disputes or rights, similar to what a judge does in a courtroom.

The administration has been defined as performing quasi-judicial tasks, which include:

• Students face disciplinary actions.
• Taking disciplinary action against an employee for wrongdoing.
• Confiscation of commodities under the 1878 Sea Customs Act
• The licensing authority may cancel, suspend, revoke, or refuse to renew a license or permit.
• Determining citizenship.
• Resolution of statutory conflicts.
• Ability to extend the detention or seizure of items beyond a set period.
• Refusal to give a ‘no objection certificate’ under the Mumbai Cinemas (Regulations) Act, 1953.
• The forfeiture of pensions and gratuities.
• Authority providing or denying approval for retrenchment.

3. Simply Administrative Action

Administrative actions are decisions made by administrative authorities in the course of their duties. These actions encompass a wide range of activities beyond legislative and quasi-judicial actions. Administrative authorities have discretion in handling matters. These actions can be either objective or subjective. Objective decisions follow predetermined criteria, while subjective decisions involve personal judgment without predefined standards. In administrative action, administrative authorities have the freedom to use their own judgment and discretion when handling matters.

For example, a government official approving a building permit based on established regulations, or a teacher assigning grades to students according to set criteria.

4. Ministerial Action/Purely Administrative Action

Ministerial or purely administrative actions are routine tasks performed according to specific guidelines, leaving no room for individual discretion. These actions are like following a step-by-step instruction manual; there’s only one correct way to carry them out. They do not involve any decision-making or judgment calls by the authority. Instead, they focus solely on executing predetermined procedures accurately and efficiently.

For example, if a law says a school must be open by 9 AM, the school has to follow that rule without any choice or discretion.

Conclusion

In conclusion, administrative law governs how governments function, ensuring they act fairly and effectively. Administrative actions come in different forms: legislative, quasi-judicial, simple administrative, and purely ministerial. Each type serves specific purposes, from making rules to resolving disputes and carrying out routine tasks. By understanding these actions, administrative law students learn how governments operate and how individuals’ rights are protected in society.

Types of Administrative Action- FAQs

Does administrative action only deal with policy formulation?

Administrative law encompasses more than just policy implementation and procedural aspects. Today, it is regarded as a comprehensive and substantive discipline.

What purpose does administrative action serve?

A legal action pertaining to the actions of a public administrative body is known as an administrative action. For instance, this form of action may force an authority to execute a certain action or result in the reversal of specific decisions made by public organizations.

In what category administrative action are divided?

• A quasi-legislative or rulemaking activity.
• Quasi-judicial action or rule-decision action.
• Administrative action or rule application action.
• Pure administrative action or ministerial action?

Why is administrative action control necessary?

Judicial control serves the primary function of safeguarding individual rights against the misuse of power by administrative authorities by guaranteeing the legality and constitutionality of their activities.

Who is able to challenge an administrative decision?

The court may consider an administrative action on the basis that the authority exercised jurisdiction that it was not supposed to.

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