Administrative Law
Classification of Administrative Action and Functions
Distinguish legislative, executive, quasi-judicial, judicial and ministerial administrative functions and understand why classification matters.
Quick answer
Classify a public function by what it does and how it affects people, because the legal procedure and remedy depend on substance rather than label.
Five useful classes of public action
One authority may perform several kinds of functions, so the nature of the particular act matters more than the name of the institution.
Legislative
Rules, regulations and notifications create general norms for a class of future situations. Publication, consultation and enabling-power limits are central.
Administrative or executive
Policy implementation, investigation, contracting, licensing and management usually involve applying public power without a court-like contest.
Quasi-judicial
An authority determines facts and law affecting identified parties under a duty of fairness, often after notice, hearing and consideration of competing claims.
Ministerial
The law prescribes the result once objective conditions are met, leaving little or no choice. Refusal can often be addressed through mandamus.
How to classify the function
Courts examine statutory design, effect and procedure instead of relying on formal vocabulary.
Nature of the power
Ask whether the authority creates a general rule, decides an individual dispute, implements policy or performs a fixed legal duty.
Impact and parties
A serious individual consequence, disputed facts and competing claims strengthen the need for hearing, impartiality and reasons.
Legal consequence
Classification affects natural justice, publication, evidence, review standards and the choice between certiorari, mandamus or another remedy.
No watertight compartments
Modern administration combines rule-making, enforcement and adjudication. Constitutional fairness prevents the authority from using overlap to escape accountability.
Landmark cases
Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.
A.K. Kraipak v. Union of India
(1969) 2 SCC 262Facts: A senior forest officer was both a candidate for selection to the Indian Forest Service and a member of the board participating in the selection process.
Legal question: Did the formally administrative character of selection exclude natural justice and the rule against bias?
Held: The administrative and quasi-judicial divide is not rigid, and natural justice applies according to the power's effect and the need to prevent unfairness.
Reasoning: No. The boundary between administrative and quasi-judicial action is thin, and fairness applies where a decision affects interests and requires protection against biased power.
Use in an answer: Use it as the leading substance-over-label authority.
Read the judgmentIndian National Congress (I) v. Institute of Social Welfare
(2002) 5 SCC 685Facts: Applications asked the Election Commission to cancel political-party registrations, raising the nature of registration and whether the Commission had an implied review power.
Legal question: When does a statutory authority act quasi-judicially, and can it exercise a power the statute does not confer?
Held: A statutory authority acts quasi-judicially when it must determine competing claims or legal conditions through an adjudicatory process.
Reasoning: Determining statutory conditions affecting identified parties can be quasi-judicial, but that character does not create a general review or cancellation power absent legal authority.
Use in an answer: Use it for the test and consequences of a quasi-judicial function.
How to write this answer in an exam
- Identify the authority and enabling provision.
- Describe the act, affected parties and consequence.
- Apply the function-based classification test.
- State the procedural safeguards that follow.
- Identify the proper ground and remedy for review.
Quick revision
- General rules are legislative.
- Implementation is commonly executive.
- Individual adjudication may be quasi-judicial.
- Ministerial duty leaves no real choice.
- Substance and effect control classification.
Test yourself
- Why can one authority perform several functions?
- What indicates a quasi-judicial decision?
- Why does classification affect remedy?
Frequently asked questions
Is every decision after a hearing quasi-judicial?
Not automatically. A hearing is important evidence, but the court also examines the statute, disputed issues, affected interests and nature of the determination.
What is the difference between discretionary and ministerial action?
Discretion permits a lawful choice among possible outcomes. A ministerial function requires the specified result once legal conditions are established.