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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 Environment and Natural Resources Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Environment and Natural Resources
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Landlord And Tenant
Total Answers Given : 14
Dsouza

Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Environment and Natural Resources
  • Arbitration and Mediation
  • Admiralty And Maritime
  • Aviation
  • Corporate And Incorporation
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile
Asha Narayan Nair

Asha Narayan Nair

BA.LLM (Senior Advocate)
Exp
Mumbai City , Maharashtra

Specialization

  • Environment and Natural Resources
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Environment and Natural Resources
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Environment and Natural Resources
  • Cheque Bounce
  • Real Estate
  • Consumer Protection
  • Contracts and Agreements
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
L K Janghel

L K Janghel

Advocate and Legal Consultant
Exp
Raipur , Chhattisgarh

Specialization

  • Environment and Natural Resources
  • Civil
  • Debt Collection
  • 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
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Environment and Natural Resources
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Environment and Natural Resources
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
kaustav  ghosh

kaustav ghosh

junior associate
Exp
Howrah , West Bengal

Specialization

  • Environment and Natural Resources
  • Civil
  • International Laws
  • Landlord And Tenant
  • Police Laws
I am a Law graduate from a reputed university and obtained first class in graduation. I am looking for a challenging career which demands the best of my professional ability in terms of legal and analytical skills, and helps me in broadening and enhancing my current skill and knowledge. I have speci View Full Profile
Total Answers Given : 1
mudassir  hussain

mudassir hussain

Associate
Exp
Bangalore , Karnataka

Specialization

  • Environment and Natural Resources
  • Intellectual Property, Copyright, Patent, Trademar
  • International Laws
  • Banking
  • Bankruptcy And Debt
Working as an associate at Lawyers Transcontinental and have been involved in corporate law, tech law and general litigation. View Full Profile
Total Answers Given : 3
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  • What is environmental and natural resources law?
  • What are the natural resources?
  • What are the governing acts and laws on environment and natural resources in India?
  • What kind of cases can be registered in Indian courts on environment and natural resource laws?

It is intriguing to take note of that natural resources had been put away practically untouched in the Earth for many years. Be that as it may, since the begin of the industrial revolution huge measures of these resources had been abused inside a time of only two or three several years at incredible rates, with all the loss from this misuse going straight in the earth (air, water, land) and genuinely harming its natural procedures. Despite the fact that pollution had been known to exist for quite a while (in any event since individuals began utilizing fire a huge number of years back), it had seen the development of genuinely worldwide extents just since the beginning of the industrial revolution amid the nineteenth century.

Preservation and security of environment have been an indivisible piece of Indian legacy and culture. Understanding its significance, the Indian State has likewise revered it in the Constitution which requires both the state and the citizen to "protect and improve the environment" as per the Article 51-A.

The Indian Constitution, as embraced in 1950, did not manage the subject of condition or counteractive action and control of pollution all things considered (until 1976 Amendment). The first content of the constitution under Article 372(1) has incorporated the prior existing laws into the present legitimate framework and gives that notwithstanding the annulment by this constitution of sanctioning alluded to in article 397, however subjected to alternate arrangements of the constitution, all laws in force promptly before the initiation of the constitution might remain in force until adjusted, cancelled or revised by a competent law-making body or other competent authority. Accordingly, even following five decade of freedom. The plenty of such laws is still in operation with no noteworthy changes in them. To secure and improve the environment is a constitutional order. It is the dedication for a nation married to the thoughts of a welfare State. The Indian constitution contains particular arrangements for natural assurance under the sections of Directive Principles of the State Policy and Fundamental Duties. The nonattendance of a particular arrangement in the Constitution perceiving the fundamental right to (spotless and healthy) condition has been set off by legal activism in the current circumstances.

42nd Amendment of the Constitution added Article 48A to the Directive Principles of State Policy which spoke about the State taking steps for the improvement and protection of the environment. Article 51(A) (g) created a similar responsibility on the citizens in the form of a fundamental duty. Some examples of specialised statutes for the aim of upholding environmental concerns in India are The Air (Prevention and Control of Pollution) Act 1981, The Water (Prevention and Control of Pollution) Act 1974, The Indian Forest Act 1927, The Environment (Protection) Act 1986, etc.

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