Classification of Admin Action

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CLASSIFICATION OF ADMINISTRATIVE ACTION

EXECUTIVE ACTION

JUDICIAL ACTION

QUASI-JUDICIAL ACTION

LEGISLATIVE ACTIONDIFFERENCE BETWEEN ADMINISTRATIVE AND LEGISLATIVE FUNCTIONSADMINISTRATIVE FUNCTIONSLEGISLATIVE FUNCTIONSLewisham Bororugh CouncilVs., Roberts (1949) 2 KB 608

The Parent Act empowered Minister to acquire houses for army purposes. The Minister made an order under his name and entrusted the work to Lewisham Borough Council to complete the formalities to acquire the house of Roberts.House of Lords held that it was not delegation of powers, and the Ministers order was valid.Blackpool Corporation Vs.,Locker (1948)1 KB 349

The Defence Regulations ,1939, delegated certain legislative powers to the Minister of Health. Inturn, he sub-delegated the powers to Blackpool Corporation through a circular to acquire the houses for army during second world war.The Corporation requisitioned Locker to handover the houses with furniture. Locker challenged both delegation and sub-delegation as ultravires.The Court held that the order of Corporation was legislative in nature, whereas the order of corporation to acquire house with furniture was ultravires.ADMINISTRATIVE FUNCTIONSLEGISLATIVE FUNCTIONSThe executive has only delegated legislative powers.The Parliament has the supreme legislative powers.The legislative power of executive is flexible.The legislative power of the parliament is rigid.The legislation made by executive is supplement to the supreme legislation.The legislature made by Parliament and State Legislatures always superior than the administrative legislation.Administrator has to give reasons for their decisions to the parties concerned, and mainly to the higher officers.The legislation need not give reasons. However, in every Act, the objects and reasons are explained.All administrative actions need not be published.All legislations shall necessarily be published.DIFFERENCE BETWEEN ADMINISTRATIVE AND QUASI-JUDICIAL FUNCTIONSADMINISTRATIVE FUNCTIONS

QUASI-JUDICIAL FUNCTIONS

It decides the matter subjectivelyIt decides the matter objectivelyA.K.KraipakVs., UOI AIR 1970 SC 150In order to determine, whether the action of the administrative authority is quasi-judicial or administrative, one has to see the nature of power conferred, to whom it is conferred and its consequences.State of A.PVs., S.M.K. Parasurama GurukulAIR 1973 SC 2237Whether the power of the government to appoint trustees under Section 15 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 is a quasi-judicial or administrative, The court held the function as quasi-judicial, if the opinion is to be formed on an objective satisfaction or else administrative.ADMINISTRATIVE FUNCTIONS


Granting of mining lease is an administrative function.Cancellation, revocation, suspension, enhancement of cess or tax etc are the quasi-judicial functions.Admission of a student into an institution is an administrative action.Dismissal of student from the institution is a quasi-judicial function.Granting of a license to cinema theatre is an administrative functionCancellation or suspension of the license to the cinema theatre is a quasi-judicial function.ADMINISTRATIVE FUNCTIONS


An ordinary administrative function does not require such duty to act judicially. If an administrative officer has the right to act judicially then it becomes quasi-judicial function.Purely administrative order does not require to give reasons.A quasi-judicial decision should give reasons.Case-laws:Radhey Shyam vs., state of M.P A.K..Kraipak vs., UOIUOI vs., J.N.SinhaCase-laws:Ridge vs., BaldwinMenaka Gandhi vs., UOIShri Bhagwan vs, Ramchand DIFFERENCE BETWEEN JUDICIAL AND QUASI-JUDICIAL FUNCTIONSJUDICIAL FUNCTIONS

QUASI-JUDICIAL FUNCTIONSLis Inter Partes (a dispute between two parties) is an essential characteristic feature of judicial function.Lis Inter Partes is not an essential characteristic feature of quasi-judicial function. Quasi-lis is an essential element.Lis according to Province of Bombay vs., Khusaldas Advani AIR 1950 SC 222, If a statute empowers an authority..to decide disputes arising out of a claim made by one party under a statute which claim is opposed by another party and to determine the respective rights of the contesting parties, who are opposed to each other, there is a lis..Lord Green, in Johnson vs., Minister of Health, (1947) 2 All E.R. 395 stated Quasi-lis as,Sometimes there may be cases in which the administrative authority decides a lis between itself and another party.JUDICIAL FUNCTIONSQUASI-JUDICIAL FUNCTIONSThe doctrines of precedents, stare decisis shall strictly be followed.These doctrines are not followed strictly.The court is the real forum of judicial proceedings.It has the nature of a Court, but in reality it is not a Court.The Rules of Procedure, i.e., Rules of Evidence, Civil Procedure Code, etc are strictly followed.The rules of evidence, C.P.C., Cr.P.C., etc. are not strictly followedThe Court fee, as per rules, is required to be paid.The Court fee is not required to be paid.The evidence shall be taken on oathThe evidence is not taken on oath.JUDICIAL FUNCTIONSQUASI-JUDICIAL FUNCTIONSTo act judicially according to Rex vs., Electricity Commissioners (1924) 1 KB 171, means: Under Judicial action, legal authority has the duty to determine questions affecting the rights of subjects..To act Quasi- judicially according to Board of High School vs., Ghanshyam, AIR 1962 SC 1110, means: Even if the action of a particular authority is administrative, it may be required to act judicially. i.e., duty to act judicially is implicit in the exercise of such power.DIFFERENCE BETWEEN LEGISLATIVE AND JUDICIAL FUNCTIONSLEGISLATIVE FUNCTIONS

JUDICIAL FUNCTIONS The Parliament or every state Legislative Assembly makes the laws.The Supreme court and its subordinate Courts interpret such laws.Law-making is the legislative function. Interpretation is the judicial function. Delegation and sub-delegation are found only in legislative function. Judge-made law (precedent) is the creation of judicial function.Application is the advantage of legislation. It foresees(looks into the future) the consequences of certain wrongs. In Prentis vs., Atlantis Coast Line Co., 53 L Ed 150L 211 US 201(1908)Judicial declares and enforces liabilities as they stand on present and past facts.

LEGISLATIVE FUNCTIONS

JUDICIAL FUNCTIONS Legislation is a new source of law. At the same time, it has a unique feature, that it can abolish any law or laws which are out-dated. Judicial function is also a source of law, but comes next to the legislation. The precedents, which are the result of judicial function, have only constitutive efficacy.

Legislative function is complete, certain and systematic. Judicial function differs from case to case. It goes into minute things, whereas legislative function goes into general ways.

LEGISLATIVE FUNCTIONSJUDICIAL FUNCTIONSLegislation is made for future. However, in rare cases, laws can be made enforceable with retrospective dates.Judiciary requires past and present.It creates new rights and liabilities.It determines the existing rights and liabilities. It cannot create new rights. Prof. Dickinson analyses: what distinguishes legislation from adjudication is that the former affects the rights of individuals in the abstract and must be applied in a further proceedingWhile adjudication operates concretely upon individuals in their individual capacity.THANK YOU