ADMINISTRATIVE LAW - 3017

SURVEY AND PRESENTATION ON

Administrative Authorities

Submitted to:
Ms. Tulishree Pradhan

Submitted by:
ABHINAV PALSIKAR
1782003
TH
5 SEMESTER
 Table of Contents

INTRODUCTION ......................1

CASE LAWS ......................2

QUESTIONNAIRE ......................3

SURVEY ANALYSIS ......................6

CONCLUSION ....................10

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 INTRODUCTION

Administrative law is the body of those who regulate and control the administration.
Administrative law is that branch of law that deals with the composition of powers, duties, rights
and responsibilities of the various government bodies involved in public administration.

In India, several administrative bodies appointed by the Central or State government are
presented to ensure the proper and systematic functioning of government agencies and public
enterprises set up either by the State or Central government. In order to regulate the activities of
the administrative authorities, it becomes necessary to keep an eye on these administrative
agencies. Therefore, the concept of Administrative Law has been introduced. Administrative law
deals with the authorities’ powers, the manner in which these powers are exercised, and the
remedies accessible to the aggrieved individuals when these authorities abuse these powers.
Administrative law is a part of Constitutional law and all administrative law concerns are also
constitutional law concerns. The primary aim of the study of administrative law is to unravel
how it is possible to keep these administrative authorities within their limits so that discretionary
powers cannot be transformed into arbitrary powers.

AUTHORITY

Literally ‘authority’ means a person or body exercising power or having a legal right to
command and be obeyed. An ‘Authority’ is a group of persons with official responsibility for a
particular area of activity and having a moral or legal right or ability to control others. If a
particular cooperative society can be characterized as a “State” under Article 12, it would also be
“an authority” within the meaning of Article 226 of the Constitution.

LOCAL AUTHORITIES WITHIN THE TERRITORY OF INDIA

Local authorities are under the exclusive control of the States, by virtue of entry 5 of List II of
the 7th Schedule. That entry contains a list of some local authorities. This expression will,
therefore, include a Municipal Committee; a Panchayat; a Port Trust; Municipality is a “State”
within the meaning of Article 12. But that does not mean that the authorities are State
Government or Central Government and there is a distinction between State and Government.

OTHER AUTHORITIES

It refers to authorities other than those of local self- government, who have the power to make
rules, regulations, etc. having the force of law. “Instrumentality” and “agency” are the two terms,
which to some extent overlap in their meaning. The basic and essential distinction between an
“instrumentality or agency” of the State and “other authorities” has to be borne in mind. An
‘Authority’ must be authority sui juris within the meaning of the expression “other authorities”
under Article 12. A juridical entity, though an authority may also ratify the list of being an
instrumentality or agency of the state in which event such authority may be held to be an
instrumentality or agency of State, but not vice versa.

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 CASE LAWS

Union of India v/s R. C. Jain

• In Union of India v/s R. C. Jain, the court held that to be considered a “local authority”,
an authority must fulfil the following tests-
• 1) Separate legal existence.
• 2) Function in a defined area.
• 3) Has the power to raise funds.
• 4) Enjoys autonomy.
• 5) Entrusted by a statute with functions which are usually entrusted to municipalities.

Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722.

• In the case of Ajay Hasia v. Khalid Mujib Sehravardi, It has been held that whether a
statutory body falling within the purview of the expression “other authorities” is to be
considered differently. In the opinion of the minority, the tests laid down, in this case, are
relevant only for the purpose of determining whether an entity is an “instrumentality or
agency of the State”.

Electricity Board, Rajasthan v. Mohan Lal, AIR 1967 SC 1857 20 (1980) 3 SCC 459.

• The Supreme Court held that the expression “other authorities” is wide enough to include
all authorities created by the Constitution or statute on which the powers are conferred by
Law. It is not necessary that the statutory authority should be engaged in performing the
governmental or sovereign function.

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 QUESTIONNAIRE

1. The order of an Administrative Law Judge (ALJ), immediately after a formal hearing is:

a. a negotiated settlement.
b. an initial order.
c. not subject to appeal.
d. a final order.

2. The Fourth Amendment protects against unreasonable searches and seizures by requiring that
in most instances a physical search for evidence must be conducted under the authority of a:

a. search warrant.
b. court order.
c. evidential warrant.
d. administrative warrant.

3. At issue in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. was whether:

a. administrative agencies have judicial powers.

b. the courts should defer to an agency's interpretation of a statute giving it authority to act.
c. None of these choices.
d. the agency should defer to a court's interpretation of a statute giving it authority to act.

4. After final rules are issued, agencies conduct investigations to monitor:

a. compliance with those rules or the terms of the enabling statute.

b. compliance with those rules only.
c. None of these choices.
d. compliance with the terms of the enabling statute only.

5. The actions undertaken by administrative agencies when formally adopting new regulations or
amending old ones is:

a. regulation adoption.
b. rulemaking.
c. rule amendment.
d. None of these choices.

6. Charges that an individual or firm violated an administrative rule are first brought before:

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a. a trial court judge.
b. an appellate court.
c. a district court.
d. an administrative law judge (ALJ).

7. When an administrative agency decides to create a new rule, what must it do as a first step?

a. Publish a notice of the proposed rulemaking proceeding in the Federal Register.

b. Issue a subpoena.
c. Issue the rule.
d. Gather information through an on–site inspection.

8. The Federal Communications Commission (FCC) publishes notice of a proposed rule. When
comments are received about the rule, the FCC must respond to:

a. all of the comments

b. any significant comments that bear directly on the proposed rule
c. only comments by businesses engaged in interstate commerce
d. only comments by businesses that will be affected by the rule

9. The National Oceanic and Atmospheric Administration (NOAA) is a federal agency. To limit
the authority of the NOAA, the president can:

a. abolish the NOAA

b. take away NOAA's power
c. refuse to appropriate funds to NOAA
d. veto legislative modifications to NOAA's authority

10. The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount
Mart, Inc. Discount appeals the order to a court. The court may review whether the FTC's action
is:
a. arbitrary, capricious, or an abuse of discretion
b. discourteous, disrespectful, or dissatisfying to one or more parties
c. flippant, wanton, or in disregard of social norms
d. impious, non-utilitarian, or in violation of ethical precepts

11. The Occupational Safety and Health Administration (OSHA) issues a subpoena for Precision
Systems Corporation to hand over its files. Precision's possible defenses against the subpoena
include:

a. OSHA cannot issue a subpoena

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b. OSHA is a federal agency, but Precision only does business locally
c. OSHA's request is not specific enough
d. OSHA's request violates Precision's right to privacy

12. Most federal agencies are part of the executive branch of government:

a. True
b. False

13. After an agency adjudication, the administrative law judge's order must be appealed to
become final:

a. True
b. False

14. Administrative agencies are often referred to as:

a. the fourth branch of government.

b. the legislative branch of government.
c. the judicial branch of government.
d. the confiscatory branch of government.

15. When an administrative agency decides to create a new rule, what must it do as a first step?

a. Publish a notice of the proposed rulemaking proceeding.

b. Issue a subpoena.
c. Issue the rule.
d. Gather information through an on–site inspection.

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 SURVEY ANALYSIS

The survey on Administrative Authorities was conducted by circulating the Google Form Form. As
this is not any general knowledge topic, therefore, this survey was conducted on a sam
sample of 12 -
13 Law Students to know in whose
w hands is the future of Law rests.

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 CONCLUSION

The survey regarding the topic of Administrative Authorities has been conducted successfully
among the few selected students. As we look at the survey report, even a layman can jump onto
the conclusion that there are mixed opinions regarding each and every topic asked. This brings us
to a conclusion that the awareness among the youth is not up to the mark.

The sample taken for this survey is a group of students studying law and are in the 5th Sem. The
sole purpose of taking the Survey was to test the knowledge of the students and this survey helps
in many ways. As the answers represent, there is a lack of awareness among the students about
the Administrative Authorities.

In conclusion I would like to state that, Administrative Authorities are of great importance when
it comes to proper functioning of a State and therefore, more emphasis shall be laid upon
learning more about the administrative bodies, its functions, delegation of power, etc.

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