Classification of Administrative Actions:
An administrative action can be classified as:
1. Rule-making action or quasi-judicial action- when any administrative authority exercises the law-making power delegated to it by the legislature, it is known as rule-making action or quasi-administrative action of the administrative.
2. Rule-decision action or quasi-judicial action- it may be defined as a power to perform acts administrative in character, but requiring incidentally some characteristics of judicial traditions.
3. Rule-application action or administrative action- it is the residuary action which is neither legislative nor judicial.
4. Ministerial action- it is that action of the administrative agency which is taken as a matter of duty imposed upon it by the law devoid of any discretion or judgement.
Discretion in layman’s language means choosing from amongst the various available alternatives without reference to any predetermined criterion, no matter how fanciful that choice may be. In Administrative Law, discretion means choosing from amongst the various available alternatives but with reference to the rules of reason and justice and not according to personal whims. Such exercise is not arbitrary, vague or fanciful but legal and regular.
Administrative Discretion & Article 14
14. Equality before law-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Two concepts are involved in Art. 14, viz.
Equality before law
Equal protection of laws
The first is a negative concept which ensures that there is no special privilege in favour of anyone, that all are equally subject to the ordinary law of the land and that no person, whatever be his rank or condition, is above the law.
Cite this article:
Melveen Abhishek. Judicial Review of Administration Action: An Analysis. Research J. Humanities and Social Sciences. 5(2): April-June, 2014, 198-206.