Meaning of Adminstration Action

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https://www.academia.

edu/32847466/Administrative_law_notes_pdf

https://www.researchgate.net/publication/
347514733_Administrative_Law_Concept_Definition_Nature_Scope_and_Principle_and_its_Sources

http://msrlawbooks.in/file/ADMINISTRATIVE_LAW_FF.pdf

http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/A2.pdf

MEANING OF ADMINISTRATIVE ACTION

Administrative action is the action which is neither legislative nor judicial in nature but only concerned
with the analysis and treatment of a particular situation and is devoid of generality. It has no procedure
of collecting evidence and weighing arguments but only based upon subjective satisfaction where
decision is based on policy and expediency. It does not decide a right or wrong , neither it ignores the
principles of natural justice completely though it may affect a right. Unless the statute provides
otherwise, a minimum of the principles of natural justice must always be observed depending on the
fact situation of each case.

Administrative action may be statutory, having the force of law, or non statutory, devoid of such legal
force. The bulk of the administrative action is statutory because a statute or the Constitution gives it a
legal force but in some cases it may be non-statutory, such as issuing directions to subordinates not
having the force of law, but its violation may be visited with disciplinary action. Though by and large
administrative action is discretionary and is based on subjective satisfaction, however, the
administrative authority must act fairly, impartially and reasonable.

CLASSIFICATION

Administrative action is classified broadly into three main organs of the government namely-

 Legislative

 Executive

 Judiciary

Generally an administrative action can be further bifurcated into 3 parts-

 Quasi-legislative action or Rule making: It includes the rule making power and delegated
legislation. Under this organ the administration performs the function of legislation in such
situations where it is not possible for any legislation to legislate laws for the kind of conflicts
arising.

 Quasi-Judicial action or Rule decision action: It includes such conditions under which the
administration puts on the hat of the judiciary and confers the special power of taking decisions
in cases where legal rights of individual are effected.
 Purely administrative action or Rule application action: This includes the actions which are
neither legislative nor judiciary but purely administrative in nature.

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