Open Access Research Article
ADMINISTRATIVE LAW AND PROTECTION OF INDIVIDUAL RIGHTS BY: NIKHITA CHAUDHRY
Published Paper
Article Details
ADMINISTRATIVE LAW AND PROTECTION
OF INDIVIDUAL RIGHTS
AUTHORED BY: NIKHITA CHAUDHRY
Institution: Amity University, Noida, Uttar Pradesh
Course Year: 4th Year, 8th Semester
Introduction
Administrative agencies
play a vital role in the day-to-day operations of modern governments, from licencing to industry regulation. This efficiency is important, but it also places a great deal of power in the hands of the system. The crucial area of study that addresses
the possible conflict between efficient government and the defence of
individual rights is administrative law.
The paper explores the complex link that exists between administrative
law and the protections that it provides for people. We will examine
the key ideas that guarantee
that administrative proceedings are carried out within the
law, avoiding arbitrary judgements and defending fundamental rights.
Administrative law sets guidelines and practices to prevent authorities from acting arbitrarily.
Individual Rights Safeguarded: People are able to contest
unjust acts by these entities
by using legal mechanisms such as judicial review
and due process. Achieving a balance
between effective management and individual rights is a never-ending task.
Abstract
The intricate
relationship between individual rights and administrative law, examines how
various legal systems balance
the imperatives of governance with the protection of civil liberties. Through a comparative
analysis of different jurisdictions, including the United States, United
Kingdom, and European Union, the paper explores
the mechanisms, challenges, and evolving trends in reconciling administrative authority with
individual freedoms.
the theoretical foundations of administrative law are principles such as
the rule of law, separation of powers, and administrative discretion. The nature of individual rights
enshrined in constitutions, statutes, and international human
rights instruments, highlighting their significance in constraining
administrative action and ensuring accountability is extremely important for
administrative law to work the correct way .
The role of
administrative law is also in protecting
individual rights across diverse contexts, including in protecting individual rights and environmental regulation, social welfare.
Special attention can be paid to the role of judicial review in
scrutinizing administrative decisions, remedying violations of rights, and
shaping the development of legal doctrine.
If we analyze contemporary challenges and debates surrounding the intersection of individual rights and administrative law, such as the tension between
national security imperatives and civil liberties, we can see the impact of
digital technologies on privacy and data protection, and the effectiveness of
administrative remedies in addressing systemic injustices.
For protection of individual rights
within administrative law frameworks we can include
promoting transparency and public participation in decision-making
processes, strengthening institutional checks and balances, and fostering a
culture of rights-conscious governance.
In conclusion,
this paper advocates for a holistic approach to administrative law that
integrates the safeguarding of individual rights as a core component
of effective and legitimate governance in the twenty-first century.
By critically evaluating existing practices and advancing innovative solutions, it seeks to contribute to ongoing scholarly
discourse and policy development in this vital field.
What is administrative law
Administrative law is as old as administration itself since they cannot exist separately.In India, the
earliest indications of administrative law may be found in treatises that were
produced under the rule of the Mauryas, Guptas, Mughals, and East India
Company.
Its foundation
is the idea of the rule of law, which upholds Natural Justice, or the
adjudication of cases based on impartiality, unjustness, and the established rules and legal procedures rather than on arbitrary decisions and the misuse of
official authority. In situations where there are no laws in place, natural justice
is essentially used. In these situations, the person must be given the chance
to be heard, the judgement must take into account the specific facts and circumstances of the case, and
the judgement must be free from bias. It is to prevent violation of individual
rights by authority in power.
The traditional judicial system of administering justice
is costly, time-consuming, and technically complex. The executive (administrative) branch of the state has the authority to bridge the gaps left by the legislative and the court. As a result, administration is now
omnipresent in the lives of contemporary citizens. A study of
administrative law becomes extremely important in such a setting.
The ambit of administration is wide and embraces following elements within its ambit:
·
It makes
policies.
·
It executes,
administers and adjudicates the law.
·
It exercises
legislative powers and issues bye- laws,rules and orders.
In the age of human rights protection, administrative law serves to guarantee
that those authorities are not used in a way that
violates those people's rights.
The ever-increasing administrative functions have created a vast new
complex of relations between the administration and the citizen.
The modern administration is present everywhere in the daily life
of an individual and it has assumed a tremendous capacity to affect their
rights and liberties.
Administrative law and Individuals
The entire goal of giving the administration additional power is to guarantee
a higher quality
of life for the public;
therefore, it is essential to maintain an effective and efficient system of
oversight over the administration to ensure that individual rights are not
violated. The struggle between individual liberty and government control has
long existed; therefore, it is important to maintain ongoing watchfulness to
make sure that the right balance between private interests and the government,
which represents the public interest, is established. Prudence demands that
when administrative organs are given significant authority, effective control
mechanisms must also be established to make sure the officers are not abusing
their position or using it for unauthorised purposes.
Ensuring that governmental activities are carried out in accordance with the law, legal principles, and the laws of justice and
reason is the responsibility of administrative law.
Administrative
law seeks to guarantee that no individual is abused by the state's
administrative power and that, in the event that someone is aggrieved by an
action taken by the administration, they can seek justice. Controlling the implementation of administrative
power is not conflicting with an efficient government. Millions of individuals are impacted by the administrative authorities that thousands of officials wield. The interests of
people must always come first when granting administrative authority;
administrative efficiency cannot be the sole form of authority. If used
correctly,the vast powers of the administration may lead to the welfare state;
but, if abused, they may lead to administrative despotism and a totalitarian
state.
The purpose of
administrative law is typically to compel the rule of law to exercise
discretion and prevent abuse, while maintaining
the authority granted to the authorities. However, the special task of administrative law in the
era of human rights protection is to ensure that these powers are not used in a way that violates
the human rights of the parties involved.
This can be said more subtly in this way that the relationship between
the individual and the state in the area of human rights is paradigmatic of
public law.
One of the important Role of administrative law is enabling
citizens to have access to governmental
information, it also ensures openness in the decision-making procedures. Administrative adjudication should be
conducted openly. An interested
party should get prior notice detailing the nature of the case, time and place
of hearing. The concerned authority proposing a certain measure should disclose
all relevant evidence to that party. Such adjudication procedure allows the
party to prepare his defense and generally create public confidence in the
fairness of the decision- making process.
Administrative
laws establish the legal basis for public participation and make it a reality
in practice. The principle of public participation as part of good governance
gives citizens the opportunity to have their say or voice heard in public
administration. In a developed administrative law system, agencies must follow
minimum procedures when making legal decisions or issuing rules and procedures. The principle of natural justice,
which primarily requires
the protection of the
individual to be heard and his impartial and fair treatment in the judicial process,
encourages public participation and indirectly increases public confidence. The
public's lack of confidence in the fairness and neutrality of decision-making will result in their disinterest in participating in other public affairs.
Role of goverment agencies
in protecting arbitrary
exercise of power against individuals
Protection
from Arbitrary Exercise of Power: Administrative law serves as a safeguard
against the arbitrary exercise of power by administrative entities. Agencies must follow legal guidelines and
processes when making decisions or acting in ways that affect specific
individuals. Such safeguarding is necessary to guarantee that individuals receive
equitable treatment and that those in
positions of power aren't infringing upon their rights.
Checks and
Balances: Administrative law establishes a system of checks and balances by subjecting administrative entities
to judicial inspection. Courts have the authority to review administrative acts and decisions for legality, procedural fairness, and
rationality. This assessment upholds accountability, advances the rule of law,
and discourages the misuse of authority.
Access to Justice:
Administrative law guarantees that those harmed
by administrative acts can seek remedy. It provides you with tools to quickly and efficiently resolve
disputes, such as administrative tribunals and specialised courts. These
redress options enable people to question decisions, discover answers, and
swiftly and affordably have their complaints heard.
Protection of Individual Rights:
Administrative law protects
people's rights and interests when they
interact with administrative agencies. It guarantees that organisations respect
fundamental rights including equality, nondiscrimination, and due process, work
within the bounds of their assigned power, and follow fair procedures. The
remedies available under administrative law can also be used by individuals
whose rights have been infringed to hold authorities responsible and demand redress.
Judiciary: Roles, Significance, and a Fundamental Characteristic
The third branch of government is the judiciary. Its duties include
resolving all disputes and applying the law to certain
situations. What judges determine while
rendering decisions in a variety of circumstances is the true
"meaning of law." The judiciary is viewed by citizens as the most
significant branch of the government because it safeguards them against
potential abuses by the legislative and executive branches. The judiciary is more
respected than the other two branches because of its role as the defender and
custodian of the people's fundamental rights and the constitution.
In India,
there are several tiers and sorts of courts, each having distinct authorities
according to the jurisdiction and tier assigned to it. According to the ranking
of the courts in which they sit, they are arranged in a rigid hierarchy of
importance, with the Supreme Court of India at the top, the High Courts of
their individual states, district judges seated in district courts, Magistrates
of Second Class, and Civil Judges (Junior Division) at the bottom. According to the Indian Constitution, the
Supreme Court is the highest court of law, the ultimate court of appeals, and
the highest constitutional court with the authority to conduct constitutional
reviews. Comprising the Chief Justice of India and thirty other approved
judges, it possesses vast authority in the the form of original, appellate and
advisory jurisdictions. Serving as the nation's final court of appeal, it hears
appeals mostly against decisions rendered
by other courts and tribunals
as well as the high courts of the several Union states. It protects
citizens' fundamental rights and resolves conflicts between the nation's
several governments. As an advisory
court, it considers cases that the Indian
President may specifically refer to it in accordance with the constitution.
Role of courts and providing proper
justice to individuals in administration
/ Judicial Review
Judicial Review:
The parliamentary and executive branches
of government are subject to a great deal of scrutiny by India's
autonomous court. The idea that subjects legislative and executive activities
to judicial examination is known as judicial review. It is typically regarded
as the fundamental framework of an independent court (Indira Gandhi v.
Rajnarain case).
On the other
hand, there are three types of judicial review: legislative action reviews,
judicial decision reviews, and administrative action reviews. Thus, courts also
have an obligation to safeguard the proper
distribution of power,
as well as to defend
fundamental rights, human
rights, and people' rights to life and liberty.
i) The
judicial review of legislative acts
The ability to verify that a legislation approved by the legislature
complies with the provisions of the constitution, particularly section 3 of the document
(the principle of reading down) is known as
judicial review of legislative activities.
ii) Judicial review of decisions
When a statute has been challenged in a judicial review of decisions, for
example, on the grounds that the legislature enacted it without the necessary
jurisdiction or rights, the courts have the final say on whether the legislation was legitimated or not. Furthermore, no legislature in our nation
has the authority to order governmental apparatuses to ignore or defy a
court's ruling.
iii) Administrative action subject to judicial review
One way to maintain constitutional discipline over administrative
agencies while they use their powers is through
judicial review of administrative activity. judicial action review by the judiciary
can be seen in the Golaknath case, the nationalisation of banks, the elimination of privy purses,
the Minerva Mills case, etc.
The role of the judiciary and its significance
1. To provide the
people with justice:
Justice
for the people is the judiciary's primary duty, regardless of when they seek it
out. It punishes individuals who are found guilty of breaking state laws or
people's rights following a trial.
Citizens
who feel wronged, injured, or pained, have the option to file a lawsuit to get compensation
and remedy (rectify & correct). They may act in this way if they have
experienced a loss or if they think that their rights may be violated. The
severity and amount of punishment meted out to offenders are set by the
judiciary. It renders decisions in every instance requiring the payment of
compensation to residents.
2. Role in
Law-making:
The
judiciary also plays a role in law-making. The decisions given by the courts really
determine the meaning, nature and scope of the laws passed by the legislature. The
interpretation of laws by the judiciary amounts to law-making as it is these
interpretations which really define the laws.
Moreover,
‘the judgments delivered by the higher courts, which are the Courts of Records,
are binding upon lower courts. The latter can decide the cases before them on the
basis of the decisions made by the higher courts. Judicial decisions constitute
a source of law.
3. Equity
(fairness) Legislation (law enactment):
Judges
base their decisions on their sense of justice, fairness, impartiality, honesty,
and wisdom in situations where a statute is silent, ambiguous, or seems to be at
odds with another law of the land. Making laws is always a part of these decisions.
Usually, it's referred to as equity legislation.
4. Protection of
Rights:
The
judiciary has the complete responsibility to safeguard the rights of the citizens.
A citizen has the right to seek the protection of the judiciary in case his
rights are violated or are threatened to be violated by the government or by
private organizations or fellow individual. In all such cases, it becomes the
responsibility of the judiciary to protect his/her rights.
5. Management
of the Judicial Administration:
The
judiciary is not a department of the government. It operates independently of the
executive and legislative branches. It is a distinct, autonomous body with its
own organisation and structure. It has the authority to determine how the
state's judicial system is organised. It establishes and upholds its own rules.
These
control the selection and operations of magistrates and other court employees. It
establishes and upholds regulations to ensure the smooth and effective
operation of the judicial system.
6. Advisory
Functions:
The
courts are frequently tasked with providing the rulers with advice on any legal
issue. For instance, the President of India has the authority to send any question
of law or fact which is of public importance.
The public views the judiciary as being
very important since it serves as:
i) The
dispenser of justice.
ii) Protector of the people's
rights.
iii) protection of the Constitution of the State.
iv) Mediating arbitrator in center-state conflicts.
v) Remedy against violations by the executive
and legislative branches.
vi) Protect against those in positions of authority from arbitrarily using their influence.
vii)Defender of Justice and the Rule of
Law.
The political and institutional procedures and results required
to accomplish development goals are linked to
good governance. The degree to which "good" governance fulfils the
promise of human rights—civil, cultural, economic, political, and social
rights—is the real test.
For good
governance participation of
Individuals and their right to
express their own views via reputable local representatives or organisations is
necessary,men and women, marginalised groups in society, lower social classes,
minorities, etc. are included in this.Freedom of expression and association are also prerequisites for participation. Another
important principle of Rule of Law, The law should be applied uniformly, with
particular attention to human rights legislation.Politics without the rule of
law will operate on the tenet of matsya nyaya, or the law of fish, which states
that the powerful will win out over the weak.
A society
that is equitable is guaranteed by sound governance hence Equality and Inclusivity are major parts of good governance Individuals have to be able to maintain or enhance their well-being. On the other hand Effectiveness and Efficiency makes sure
Institutions and procedures should be able to generate outcomes that satisfy
the demands of the local community.
Another principle
of good governance is Transparency,Responsiveness, accountability; According to these principles , information should be
accessible to the public and should be understandable and monitored.It also
means free media and access of information to them.Institutions and processes
should serve all stakeholders in a reasonable period of time. Accountability guarantees The improvement
of people is the goal of good governance, and this is impossible to achieve
without public accountability for the government. Accountability to the public and institutional stakeholders
should be extended to civil society organisations, the commercial sector, and
government institutions.
Conclusion
The
complex relationship between
administrative law and its function
in defending individual rights has been examined in
this paper. Administrative law, as
we've seen, provides a framework for accountability by guaranteeing that agencies follow established protocols
and legal guidelines.
Finding a fair balance
between individual rights and efficient
government, however, is still a work
in progress. Administrative law must
change in tandem with societal demands and technological advancements. Here are
some important things to remember:
To conclude, administrative law protects individual rights and
facilitates effective governance, acting as a crucial barrier
against arbitrary power.
To maintain the long-term success
of this crucial legal field, we must remain committed to constant
adaptation and progress as we traverse the intricacies of the modern world.
Bibliography
https://ijclsi.in/static/media/Role of Judiciary
in protecting human rights in India - Khalida
Khan.95f5f4f5.pdf
https://www.iilsindia.com/blogs/importance-of-administrative-law/#:~:text=Protection against Arbitrary Exercise of Power:&text=When agencies
make decisions or,to
legal restrictions and procedures.
https://blog.ipleaders.in/judicial-review-administrative-action-2/
Article Information
ADMINISTRATIVE LAW AND PROTECTION OF INDIVIDUAL RIGHTS BY: NIKHITA CHAUDHRY
Authors: NIKHITA CHAUDHRY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.