Friday, December 21, 2012

Why the classification administrative actions are necessary?

Whether the act of executive authority is purely administrative, quasi-judicial or quasi-legislative in character is very difficult to determine. Because there is no precise test to distinguish these functions from one another. Again, some times a single proceedings may contain various aspects of the three functions. Courts also have not been able to formulate any definite test for the purpose of making such classification. But as many rights are concerned with it and many consequences flow from it. The classification is essential and inevitable. As for example- if the executive authority exercise judicial or quasi-judicial function it must follow the principle of natural justice and is amendable/accountable to the writ of certiorari or prohibition, but if it is an administrative, legislative or quasi-legislative function, this is not so. On the other hand if the action of the executive authority is legislative in character, the requirement publication, consultation, laying on the table etc. should be complied with, but it is not necessary in the case of pure administrative functions. It is therefore, necessary to determine what type of function the administrative authority performs.

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