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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 Licensing Lawyers in India

Adrian  Phillips

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Licensing
  • Real Estate
  • Property
  • Human Rights
  • Sexual Harassment At Workplace
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
Vivek  Tanwar

Vivek Tanwar

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

Specialization

  • Licensing
  • 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
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Licensing
  • 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
Shivaleela  Gujare

Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Licensing
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
Sarvesh  Giri

Sarvesh Giri

PROPRIETOR
Exp
Mumbai City , Maharashtra

Specialization

  • Licensing
  • Advertising
  • Arbitration and Mediation
  • Cheque Bounce
  • Commercial
Arbitration - Reconciliation Arbitration - Others Arbitration - Mediation Arbitration - International Commercial Arbitration Banking - Loans Commercial - Franchising Commercial - Contract Commercial - Sale of Goods Commercial - Partnership Commercial - Others Commercial - Monopolies and Restrictive View Full Profile
Total Answers Given : 7
Pooja  Sathe

Pooja Sathe

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Licensing
  • Family
  • Adoption
  • Consumer Protection
  • Cheque Bounce
I have wide experience in Legal opinion relating to Property, litigation & Non-litigation & Corporate Legal field,Civil Matters, Motor Accident Claims Tribunal, Consumer Matters, & Family Matters & cases related to Charity & Right to information Act & matters related to suit properties. View Full Profile
Total Answers Given : 2
Kaveriamma  Monnappa

Kaveriamma Monnappa

Corporate Lawyer
Exp
Bangalore , Karnataka

Specialization

  • Licensing
  • Contracts and Agreements
  • Government Contracts
  • IT Contracts
  • Privacy
I am an experienced corporate lawyer with over 15 years of experience in Corporate and commercial advisory with legal expertise in IT/ITES and IOT contracts and data privacy compliance. View Full Profile
Vivek  Arya

Vivek Arya

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Licensing
  • Criminal
  • Cheque Bounce
  • Administrative Law
  • Arbitration And Mediation
I am a practicing advocate registered at Bar Council of Punjab & Haryana. I practice in Family Courts, Labour Courts, NCLTs, Consumer Courts, Tribunals, City Civil & Sessions Courts, Punjab & Haryana High Court. I practice criminal law and also handle matters related to IPC, Domestic Violence. View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Licensing
  • Criminal
  • Sex Crime
  • Banking
  • Bankruptcy And Debt
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Licensing
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
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  • What is Licensing Laws?
  • What is the need for Licensing Laws?
  • How is Licensing Laws legally recognized in India?
  • What are the different types of Licenses?
  • What is Lease and License?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Licensing Laws related queries and also guide you on how to resolve this matter with ease.

About the Licensing Laws


As per Black’s Law Dictionary, License refers to

(i) as per the law of contracts a permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort

(ii) as in real property law an authority to do a particular act or series of acts upon an- other's land without possessing any estate therein,

(iii) as per international law, Permission granted by a belligerent state to its own subjects, or to the subjects of the enemy, to carry on a trade interdicted by war.

Regularizing and Legal Recognition of Licensing Laws


As per Indian Law, the governing act for licenses is the Indian Easement Act 1882 (hereinafter referred to as the Act). According to Section 52 of the Act, license is a permission by one person to the other or a group of people to carry out any activity on the property of the grantor, which without such permission from the grantor would be considered unlawful.

Types of Licenses


There are two major forms of licenses, Bare License and License coupled with a grant.

  • A bare license can be characterized as a personal consent which is allowed with no consideration. A bare license can be renounced whenever. A bare license acts as a resistance to the act of trespass. On the off chance that a man is permitted to enter a property for some specific reason, yet on entering the property accomplishes something unique, it'll be considered as an act of trespass. When one gathering awards another gathering to bear on a few activities on the land without changing the nature of the land, it is a bare license.
  • A license combined with grant or interest implies that the consent is given to bear on activities in the property or premises of the other to earn some benefit and endeavour the interest given in the land. For example, the administration offers license to contractors to enter a forested region to gather timber. A license combined with a grant is assignable, and it additionally can't be renounced whenever. The gatherings must give each other some sensible time before the consent is renounced.

Some facts about Licenses and Lease and License Agreements


As per Indian policies, granting of a license are governed by Section 53 & 54 of the Act. Section 53 deals with the question of who can grant licenses. Section 54 of the Act gives recognition to granting of a licence in both express & implied manner.

A lease and a license are two separate legal ideas that offer distinctive rights and duties. A lease is an understanding between a landlord and a tenant that gives the tenant a selective enthusiasm for a property. A license is authorization from the proprietor to a licensee to do something on the proprietor's property.

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