Classification of Functions of Administration | Administrative Law (Notes)

The functions of administration can be broadly classified into different categories based on the nature of activities performed by administrative bodies. These functions are typically grouped into the following classifications:


1) Executive Functions

Executive functions refer to the implementation and enforcement of laws, policies, and decisions made by the legislature. The executive branch of the government is responsible for carrying out laws, maintaining public order, and executing government policies.

Examples: Law enforcement: Police force maintaining law and order.

2) Legislative Functions

Legislative functions involve the creation and formulation of rules and regulations by the executive branch under powers granted by the legislature. The executive, through delegated legislation, can enact laws or create specific regulations within the limits defined by the legislature. This process is often referred to as delegated or subordinate legislation.

Examples: Government agencies form regulations to implement laws passed by the legislature, such as rules for taxation under the Income Tax Act.

3) Judicial Functions

Judicial functions refer to administrative bodies that perform quasi-judicial roles, such as adjudicating disputes, making decisions, and resolving conflicts. These functions often involve the application of law to specific facts and require decision-making similar to that of a court, but usually with more flexible procedures.

Examples: Tribunals like the Income Tax Appellate Tribunal resolving disputes between the government and taxpayers

4) Quasi-Legislative Functions

These functions involve the power to make rules, regulations, and policies within a specific framework. While these bodies do not possess the full legislative authority, they make detailed regulations within the scope of enabling laws. This function involves rule-making under the authority delegated by the legislature but is not a direct law-making function.

Examples: Regulatory bodies like the Food Safety and Standards Authority of India (FSSAI) issue detailed guidelines

and standards for food safety.

5) Advisory Functions

Advisory functions refer to the role of the administration in providing advice or recommendations to the government or other authorities on matters within their expertise. These functions are non-binding and are aimed at assisting decision-makers by offering expert opinions.

Examples: Advisory boards: The Planning Commission (now NITI Aayog) advises the government on national economic planning.

6) Discretionary Functions

Discretionary functions refer to powers exercised by administrative bodies where the decision-maker has some degree of flexibility or judgment, rather than being bound by specific rules. These functions allow administrators to act according to their discretion, taking into account the specific circumstances of each case.

Examples: Granting licenses: The licensing authority has discretion in granting permits or licenses based on the circumstances of the applicant

7) Ministerial Functions

Ministerial functions refer to tasks that require the exercise of administrative authority without any discretion or personal judgment. These functions are more routine and involve the application of established rules. These functions are usually carried out based on set procedures and cannot be altered or changed by the individual performing them.

Examples: Issuance of certificates: Issuing certificates like birth, death, or residence certificates based on verified information.

8) Policy Formulation Functions

These functions involve the formulation of policies that guide the governance and decision-making processes of the government. Policy formulation involves the identification of goals, allocation of resources, and setting priorities for the government.

Examples: Economic policies: The government formulating policies on taxation, public spending, or subsidies to stimulate economic growth.


By, 

Adv. Harashavardhan (Bhaiya) Deshmukh

(Pune Maharashtra)

Mail: dabangglawyer@gmail.com , Contact: 8483882344

Follow @DabanggLawyer 

Comments

Post a Comment

Popular posts from this blog

Delegated Legislation, Need for Delegated Legislation, Reasons for Growth of Delegated Legislation.

Image
  1) Introduction The modern state performs a vast variety of functions, necessitating a large body of laws and rules to govern these spheres. It is not practical for the legislature to enact all such rules itself. Delegated legislation refers to the laws made by bodies like the executive, judiciary, or statutory entities under the powers delegated to them by the legislature 2) Delegated Legislation Delegated legislation refers to laws or rules made by an authority other than the legislature, but with the legislature’s permission. This authority is usually the executive, government departments, or local authorities, who are given powers under an enabling or parent Act passed by the legislature. 3) Definitions: (1)     Salmond – "Delegated legislation means that part of the law which proceeds from any authority other than the sovereign power, and is regarded as having the force of law." (2)     K.C. Wheare – "Delegated legislation means th...
Read more

Evolution of Administrative Law in India (Notes)

Image
The evolution of administrative law in India has been shaped by its colonial past, the structure of the Indian Constitution, and the growing demands of governance in the modern era. Administrative law in India primarily governs the powers and functions of administrative authorities and the principles of natural justice, ensuring that administrative actions are taken within the boundaries of law. (1) Colonial Period: The roots of administrative law in India can be traced back to the British colonial era. During this period, the British government exercised supreme control over the administration in India, and the framework for administrative law was largely derived from the principles of English administrative law. Some key features of this era were: 1.         Limited Judicial Review :        British colonial governance did not allow much judicial intervention in administrative actions. Courts had limited power to review the d...
Read more