Administrative Law Key Concepts, Benefits and Challenges

Administrative law is a branch of law that controls the activities of the administrative agencies of the government. Check the administrative law required from sources.

Administrative law is the backbone of a well-working government. This establishes rules and principles that control the operation of administrative agencies, ensuring that they act properly, efficiently, and within the limits of law. This article delays some major concepts underlying this important legal structure for the CS exam.

Administrative Law 

Modern governments are complex entities that depend on a network of agencies to complete a wide range of tasks. These agencies - from environmental protection boards to licensing officers - have significant power that can directly affect the lives of citizens. Administrative law ensures that this power is used:

  • Accountability: Agencies should respond to their decisions and justify them within the legal framework. 
  • Fairly: If an agency works arbitrarily or incorrectly, individuals are supported.
  • Inexpensively: Administrative procedures are streamlined to avoid unnecessary delays. According to the law, agencies work within the limits of the Constitution, law, and established legal principles.

Major features of administrative law

  • Controls the government and executive decisions. 
  • Ensures that citizens are treated properly by government agencies. 
  • Creates rules, regulations, and procedures for administrative officials. 
  • Provides a judicial review mechanism to investigate the state's arbitrariness.

Source of Administrative Law

Administrative law draws from various sources to create a broad structure:

  • Constitution: The foundation of all laws defines the basic structure of the constitution and often involves provisions related to administrative power and its limitations. 
  • Legislative: Parliament or state legislative acts establish specific powers and functions of administrative agencies, outlining procedures that they should follow.
  • Judicial Review: The courts play an important role in interpreting the law and the Constitution. Through judicial reviews, courts can declare an agency's action illegal if it acts wrongly or violates fundamental principles.
  • Representative law: The Assembly sometimes assigns the power to enact its laws to the agencies through rules. These rules should follow the competent law and follow the establishment of legal principles. 
  • General Law: In the previous cases associated with administrative functions, the previous cases contribute to the development of the administrative law principles set by the courts.

Administrative Discretion

Administrative agencies often have discretion - the power to make alternatives within the limits determined by the law. This allows them to adapt them to changing conditions and make their decisions for specific situations. However, this conscience is not unlimited. Agencies should exercise it. 

  • Reasonably: Decisions should be based on relevant factors and not irrelevant ideas. 
  • In good faith: Agencies should work for appropriate purposes and not for any other purpose.
  • Proportionally: The chosen course of action should be proportional to the purpose being obtained.

Benefits of Administrative Law 

  • Keeping in mind the power in power: Government officials should work within the limits of the law. 
  • Rules of Law: No right or government can use the rights of citizens. 
  • Accountability: Decisions by the government are subject to judicial review. 
  • Rapid dispute solutions: Administrative courts handle rapid cases compared to regular courts. 
  • Transparency: Government departments should follow the processes established for addressing issues.

Challenges of Administrative Law 

Administrative law faces many challenges, including  

  • Complexity: Administrative law is a complex and technical field of law, which can make it difficult for citizens to navigate. 
  • Vivek: Administrative agencies often have a widespread conscience in making their decisions, which can lead to arbitrary or capricious decisions. 
  • Accountability: Ensuring accountability of administrative agencies can be a challenge, especially in cases where they are using discretionary powers.

Summary

The administrative law for CS covers the legal structure that controls the functions of administrative officials. The secretaries of the company should understand this subject to ensure compliance and to give effective advice to organizations. Major subjects include delegated laws, administrative discretion, and judicial reviews. 

CS professionals implement administrative law principles to facilitate good governance, transparency, and accountability in corporate settings. This knowledge helps them to navigate regulatory complications and support organizational decision-making. Administrative law expertise is important for CS professionals.

FAQs

What is meant by administrative law?

Administrative law is a branch of public law that controls the activities and functions of government agencies, ensuring that they act legally and fairly within defined boundaries. This is related to how these agencies are organized, what powers they have, the procedures they should follow, and their functions can be reviewed by the courts. Essentially, it is about controlling government power and protecting personal rights.

What is company law in CS?

In the context of a company secretary (CS), the company refers to the bodies of legal rules and regulations that control the formation, operation, management and termination of law companies. This is an important field of study for CS professionals, as they are responsible for ensuring compliance of these laws and advising on best practices in corporate administration.

What acts under administrative law?

Administrative law relates to the powers, functions, and responsibilities of government agencies and executive officers. This involves the activities of these agencies, including laws and laws of public policies. Essentially, it controls how the government works within the infrastructure of the law.

What is CS in law?

In law, "CS" usually stands for the company secretary. A company secretary is a professional that ensures that companies comply with all legal, regulatory, and corporate administration requirements. He is a specialist in the company's law, securities law and corporate administration, acting as an in-house legal expert and advisor to the board of directors.

What is the company law of ICSI?

The law of the company of ICSI refers to the body of legal principles and regulations that especially control the establishment, operation, and management of companies in the context of the Companies Act, 2013, of India. This includes everything to promote corporate administration, director responsibilities, and processes from the formation and structure of the company.

What are the CS of a company?

In terms of a company, "CS" usually refers to a company secretary. A company secretary (CS) is a major managerial status that is responsible for ensuring regulatory compliance, corporate administration and effective administration.

What are the objectives of administrative law?

The main objective of administrative law is to act within the legal limit, protect personal rights, and make public officials responsible for their actions. It aims to balance the power of the state with the rights of citizens, promote good governance, and reach justice.

What are the basics of administrative law?

Administrative law controls the activities of government agencies and incorporates their powers, duties, and responsibilities. It belongs to the delegation of strength, rules, and assistants by these agencies. Essentially, it is a structure that works within their legal rights to government agencies, impartially and transparently, while also providing mechanisms to individuals to challenge their actions.

What is the salary of ICSI employees?

The salary of an ICSI employee varies widely depending on the experience and specific role but usually ranges from about ₹ 1.97 lakhs to about ₹ 5.03 lakhs per year.

Is CS compulsory for every company?

No, a company secretary (CS) is not mandatory for every company. Under Indian law, the need to appoint a full-time CS is based on the company's paid-up share capital and type. In particular, all listed companies and public companies have paid Rs. The entire time of 10 crore or more should be CS.