Friday, December 21, 2012

What is administrative function?

In Ram Jawaya Vs. State of Punjab AIR 1955 SC 549
C.J observed: “it may not be possible to frame an exhaustive definition of what executive functions means and implies. Ordinarily, the executive power connotes the residue of governmental functions that remains after legislative and judicial functions are taken away”.
Thus, administrative functions are those functions which are neither legislative nor judicial in character. Generally, the following ingredients are present in administrative functions.
(i) Administrative orders are generally based on governmental policy or expediency.
(ii) In administrative decisions, there is no legal obligation to adopt a judicial approach to the questions to be decided and the decisions are usually subjective rather than objective.
(iii) An administrative authority can take a decision in exercise of a statutory power or even in the absence of statutory provision provided that such decision or act does not contravene the provisions of any law.
(iv) An administrative authority is not bound by the rules of evidence or procedure unless the relevant statute specifically imposes such an obligation.
(v) Administrative functions may be delegated and sub-delegated unless there is a specific bar or prohibiting the statute.

(vi) An administrative authority is not always bound by the principles of natural justice. But if statute casts a duty upon the authority either expressly or by necessary implication.

(vii) An administrative order may be held to be invalid on the ground of unreasonableness.

(viii) The prerogative writ of certiorari and prohibition are not always available against administrative action.

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