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What is Administrative Law?

The body of law and legal work that deals with government agencies is in essence, Administrative Law. Government agencies are created by Lawmakers so that these agencies, in turn, can create and implement fair and just laws enforcing regulations on all aspects of government functions. Administrative law is a diverse area of lawBroadly administrative law is a comprehensive term inclusive of varied law categories. A lawyer practicing administrative law may never be in a courtroom. Conversely, an administrative lawyer of another type might be filing legal documents and arguing with judges in a formal backdrop for the most part. There are administrative lawyers interacting with people a lot while drafting documents is what yet another type of administrative lawyers do for the most part. The only criterion is the administrative lawyer actually doing government work or working with the regulations of the government.Who practices administrative law?Government WorkersAdministrative lawyers are inclusive of public and private attorneys. Public attorneys function within a government agency with wide-ranging practice areas. Private attorneys, however, may work for a government agency as well on the basis of a contractual agreement instead of as an employee. Working on behalf of private clientsAttorneys may practice administrative law on their private clients’ behalf. They may, for example, assist a client in the navigation of administrative procedures so as to ensure they successfully make a specific claim to an agency. In consultation with a client, a formal court proceeding may be initiated once administrative remedies are depleted. An administrative law attorney might be representing a private client for the sole purpose of challenging the constitutional validity of a regulation.  Types of administrative law practiceThere are a wide variety of tasks that administrative lawyers perform with the duties varying extensively within each agency and even amongst certain duties within an agency. An administrative lawyer may typically do one or more of the following:A well-documented law An administrative lawyer might actually covert the orally accepted laws into written laws. These lawyers might have documented policies and procedures which are guidelines on executing specific aspects of the duties of an agency. If a case qualifies for hearing, a trial brief or a court motion may be prepared. When an attorney doubles up as an administrative law judge, they are empowered to draft opinions and judgments. The primary role of an administrative law attorney is drafting which might be all but one aspect of their duties.Counseling for agency leadersAs and when top officials and agency leaders plan on making rules and regulations, they require attorneys to assist them in understanding the probable impacts of their decisions. They ought to know whether courts are inclined to upholding their regulations. Administrative lawyers can assist officials to give recommended regulations the proper consideration. On proposed regulations, they can evaluate public comments as well and provide guidance to officials according to public input.Claims evaluationMost administrative agencies have preset public procedures for making claims to the agency directly which are then evaluated by attorneys for confirmation on possible provisions of the law requiring the approval of claims and the associated risks.Representing the agency at hearingsIn most administrative agencies there is an appeals process of decision-making of an agency. In the vast majority of cases, this hearing begins within the agency by an agency judge and a decision is made prior to the case reaching the judicial branch of the court. An attorney at these administrative hearings may be the mouthpiece of the administrative agency; essentially an attorney who is an employee of the agency as well. Should the case progress to the courts over and above an internal hearing, administrative lawyers represent their respective agencies in court as usual.Developing internal systems and processes of an organizationGovernment agencies require procedures for doing its work and therefore need forms, timelines and approved guidelines for their assigned tasks. Lawyers are involved to ensure that these policies and procedures are in sync with the legislative authority of the agency. They ensure that there aren’t any constitutional or due process considerations that the agency might have missed while implementing policy. What they do aids and abets the seamless functioning of their agency.  Administrative law judgeWhen an agency’s internal procedures for hearing are in place an administrative law judge hears and decides the case. These judges typically are attorneys entrusted with the vital task of listening to the evidence and making a decision.EnforcementGovernment Rules and regulations are made to be broken as they say by government agencies and inevitably, what that means is eventually someone actually violating the regulations. On instances of a violation occurring, there needs to be a procedure of identifying the violation and enforce its rules effectively. Administrative law attorneys level violation charges and pursue ways of enforcing the requirements of the agency. Challenging administrative rules and regulationsTo challenge the validity of an agency regulation a private person or corporation might want to bring a class-action lawsuit. They might even think that the agency wasn’t authorized by the legislature to form a particular regulation. Conversely, they may challenge on constitutional premise. There might be disagreements in regards to an administrative law judge’s decision and the aggrieved may intend on challenging the decision by filing a lawsuit. Regardless of the circumstances, be it a  person or corporation they typically hire their own administrative law attorney. Legal pleadings, presenting evidence and making arguments in a court of law on behalf of their clients. ?Contact 7604047601 to consult with our registered expert administrative lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 days ago

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Why Advertising their services is a no-no for Lawy...

In a public notice, the Bar Council of Delhi recently announced that recalcitrant lawyers violating the rules and regulations of the Bar Council would face prosecution under the Advocates Act, 1961. The Bar Council of Delhi publicly announced that notices of misconduct were issued to lawyers found to have published social media advertisements inclusive of Facebook and WhatsApp. The notice mentioned that lawyers violating or flouting Bar Council rules would face prosecution under the provisions of The Advocates Act, 1961.What is the problem with lawyers advertising their services?According to the rules and regulations in India, advocates are disallowed by publicizing their services. The Advocates Act, 1961’s subsection 1(c) of Section 49 of General power of the Bar Council of India authorized to make rules also empowers the Bar Council of India to create and implement Rules on the standard of professional conduct and etiquette that advocates ought to follow and indeed abide by.Clause 36 under Section IV which is essentially about Duty to Colleagues of the Standards of Professional Conduct and Etiquette that advocates ought to abide by as laid down by the Bar Council of India states that advocates should not be soliciting work or advertising either in a direct or indirect manner through circulars, ads, touts, communicating personally, interviews, giving or organization newspaper comments or obtaining photograph for publishing in regards to cases concerning the lawyer.Besides, the lawyer’s sign-board or name-plate should be of an appropriate size. The sign-board or name-plate or stationery should not mention that he is or was President or Members of a Bar Council or of some Association or that the lawyer was attached to any person or organization or with a particular cause or matter that the advocate may have the sp[ecialization in or the other exception to the rule being the lawyer is a former judge or an Advocate-General.An advocate who circumvents these Rules is liable to be prosecuted under Section 35 of The Advocates Act, 1961. Based on this Section sweeping powers including reprimanding or suspending the advocate from practice for a fixed period, removing the advocate’s name from the state roll of advocates and last but not the least, dismissal of the complaint have been granted to a State Bar Council. Click here to consult with registered expert advertising lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 days ago

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Consult Top Debt Collection Lawyers in India

Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Debt Collection
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Debt Collection
  • Civil
  • Commercial
  • Consumer Protection
  • Cheque Bounce
I am practising in Allahabad High Court Allahabad since 2002 the date of Enrollment in Bar Council of Uttar Pradesh. I am giving my best service in CRIMINAL and Service Matters including Central Administrative Tribunals Allahabad. View Full Profile
RAJENDRAPRASAD PV PV

RAJENDRAPRASAD PV PV

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Debt Collection
  • Civil
  • Equipment Finance And Leasing
  • Landlord And Tenant
I AM A PRACTICING LAWYER/ADVOCATE AT HYDERABAD IN ORIGINAL AND APPELLATE COURTS INCLUDING HIGH COURT SINCE THE DATE OF ENROLLMENT AS SUCH ON 18-11-1983 IN THE ROLLS OF BAR COUNCIL OF AP WELL EXPERT IN REDRESSING ALL TYPES OF VARIOUS REMEDIES LEGALLY WITH LEGAL APPROACH View Full Profile
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • Debt Collection
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Commercial
  • Contracts And Agreements
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
Vivek  Tanwar

Vivek Tanwar

Founder/Director, Law Offices of Kr. Vivek Tanwar Advocate & Associates.
Exp
Gurgaon , Haryana

Specialization

  • Debt Collection
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Bankruptcy And Debt
I graduated from Maharshi Dayanand University, Rohtak, Haryana in B.A.LLB. (Hons). Since 2000, I've been in active practice and am enrolled with the Bar Council of Punjab and Haryana at Chandigarh. Also, I'm appointed as the SPECIAL PUBLIC PROSECUTOR by the Government of Haryana in some cases. View Full Profile
L K Janghel

L K Janghel

Advocate and Legal Consultant
Exp
Raipur , Chhattisgarh

Specialization

  • Debt Collection
  • Civil
  • Environment And Natural Resources
  • Sexual Harassment At Workplace
  • Power Of Attorney
My best wishes Every body will be achived whather are reach or poor persion is my gear point of think View Full Profile
Total Answers Given : 1
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Debt Collection
  • Divorce
  • Arbitration And Mediation
  • Commercial
  • Debt And Lending Agreement
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Debt Collection
  • Civil
  • Commercial
  • Maternity
  • Outsourcing Agreement/Laws
Hey everyone, I am from Raipur, Chhattigarh, my born and brought up is Raipur only, I have done B.B.A-LL.B (Hons.) [honors in corporate law] from MATS Law School, MATS University. View Full Profile
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Debt Collection
  • Advertising
  • Maternity
  • Sale
  • Software License
Tejasv  Anand

Tejasv Anand

Advocate
Exp
Delhi , Delhi

Specialization

  • Debt Collection
  • Commercial
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
I am a lawyer practicing on the commercial, civil, economic crimes, corporate and regulatory field of law in the courts in Delhi, including the District Courts, Hon'ble Delhi High Court and the Hon'ble Supreme Court along with other Tribunals including the NCLT, DRT, APTEL etc. View Full Profile
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  • What are the laws on debt recovery?
  • How do one pay off debt in collections?
  • How long can a debt be collected?
  • What are the main features of debt recovery laws?
  • How to respond to a summon of debt collection?

In 2016, Prakash Sarvankar who used to live in Mumbai committed suicide accusing for his death a recovery agent. Instances like these indicated the terror of recovery agents. Hence laws were made to regulate this aspect of the society.

Some of the governing laws in this topic are:


  • Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016
  • Recovery of Debts due to Banks and Financial Institutions Act, 1993
  • Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)

Some features of Debt-Recovery Laws:


  • Debt Recovery Tribunals in case the defaulter is a company order for the sale proceeds to be distributed amongst creditors
  • Debt Recovery Tribunals are not bound by the Code of Civil Procedure 1908, they’re guided by principles of natural justice.
  • As per Rule 4 of the Debts Recovery Tribunal (Procedure) Rules, 1993; an application filed must set forth concisely under distinct heads, the grounds for such application and such grounds shall be numbered consecutively and shall be typed in double space on one side of the paper.

If banks still employ an illegal assault oriented method of recovering their money, then, informing the police is of importance. In the event that you get intimidating calls, contact the police and let the bank know that you are informing about the issue to the Police. Gripe sharply to the bank. Debilitate suit if require be. Keep an audio recorder prepared to avoid potential risk against additionally calls.

In the discussion, attempt to get the recovery agent to unmistakably say what he needs from you, the name of his organization and which bank has procured him.

On the off chance that the goons visit you, document an objection at the closest police station. Take photos of the individual who has gone to your home and present these to the police.

You can sue the bank exclusively, or approach a Consumer Action Group, some of which are recorded below :

  • Abhay Credit Counselling Centre (Bank of India): www.bankofindia.com/ home/abhay.asp
  • Disha Credit Counselling Centre (ICICI Bank): www.dishafc.org
  • International Consumer Rights Protection Council (ICRPC): www.icrpc.org
  • National Consumer toll free helpline: 1600-11-4000
  • Consumer Education Research Centre (CERC): www.cercindia.org
  • Citizen Consumer and Civic Action Group (CAG): www.cag.org.in
  • Consumer Guidance Society of India (CGCI): www.cgsiindia.org
  • Voluntary Organisation in Interest of Consumer Education: www.consumer-voice.org
  • Consumer Advantage: www.advantageconsumer.com

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