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.
No comments:
Post a Comment