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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 Military Lawyers in India

J S  Pawar

J S Pawar

Lawyer
Exp
Mumbai , Maharashtra

Specialization

  • Military Laws
  • Civil
  • Consumer Protection
  • Criminal
  • Adoption
I am an ex Army person practising as Lawyer in Bombay High Court with civil n criminal, consumer, testamentary, rent, property adoption, bail, anticipatory bail, appeals n revision matters View Full Profile
Total Answers Given : 193
Kamal  Grover

Kamal Grover

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Military Laws
  • Civil
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Power of Attorney
Total Answers Given : 4
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Military Laws
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Military Laws
  • 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
Nirmal  Chopra

Nirmal Chopra

Dr
Exp
New Delhi , Delhi

Specialization

  • Military Laws
  • Criminal
  • Police Laws
  • Landlord And Tenant
Total Answers Given : 389
Pawan  Sharma

Pawan Sharma

Advocate
Exp
South Delhi , Delhi

Specialization

  • Military Laws
  • Criminal
  • Customs, Excise
  • Intellectual Property, Copyright, Patent, Trademark
Economic Offences, Criminal and Civil matters, and commercial matters is my core competence apart from legal issues of varied nature. View Full Profile
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Military Laws
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
Murugesh  Ramiah

Murugesh Ramiah

Partner
Exp
Bangalore , Karnataka

Specialization

  • Military Laws
  • Family
  • Contracts and Agreements
  • Landlord and Tenant
  • Will
Assuredjustice.com is a technology driven legal services provider. Our practice areas include Family law, Real Estate, Mergers & Acquisitions, Civil law, Corporate Law, NCLT, CAT, Consumer Courts, Labor & Employment Law, Patents, Trademarks & Intellectual Property. View Full Profile
Shanti Ranjan  Behera

Shanti Ranjan Behera

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Military Laws
  • Criminal
  • Election Campaign And Political Laws
  • International Laws
  • Power Of Attorney
In Practice since last 20+ years. I can handle Civil,Criminal,Election ,Family Law,Human Rights,International Law,MACT,Right to Information ,Railway Claims Tribunal, Banking & Negotiable Instruments, PIL, etc.in the High Court as well as in district Courts in Odisha and other neighbouring states. View Full Profile
Total Answers Given : 1128
Shailesh  Kumar

Shailesh Kumar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Military Laws
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
I am a highly educated in different fields and experienced advocate providing online and offline Legal Consultancy/Support/Services to my national and international client on almost all aspects of law. View Full Profile
Total Answers Given : 21
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  • What is Military Laws?
  • What is the need for Military Laws?
  • How is Military Laws legally recognized in India?

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

About the Military Laws


Indian Military Laws draw their origins from British Military Laws, primarily due to the prolonged British Rule in India. After Independence, a need for revising laws related to the military forces was felt which led to the enactment of The Army Act 1950, The Air Force Act 1950 and the Navy Act 1957.

Regularizing and Legal Recognition of Military Laws


  • The Army Act, 1950
  • The Air Force Act 1950
  • The Navy Act 1957
  • The Armed Forces Tribunal Act 2007
  • Armed Forces (Special Powers) Act – grants special powers to the armed forces w.r.t “disturbed areas”
  • The Disturbed Areas (Special Courts) Act, 1976 – for purposes of declaring an area as ‘disturbed’.

Some important facts and cases about and under Military Laws


Initially there was no provision regarding appeals from the orders of Court Martial. Then in the case of “Lt. Col. Prithi Pal Singh Bedi etc v. Union of India & Others” it was observed that absence of even one Appeal from the order of Courts Martial is a glaring lacuna in the country regarding the rights of the Armed forces personnel, subsequently the Acts were amended however the observations were not fully implemented. Eventually ‘The Armed Forces Tribunal Act, 2007’ was passed as per which there is original as well as appellate jurisdiction.
The “Armed Forces (Special Powers) Act is a very controversial legislation. This statute provides unique powers to Armed forces when they are in operation in disturbed areas. Some powers are:

  • Power to arrest without warrant any person suspected of being engaged in a cognizable offence
  • Army officers enjoying legal immunity over their actions
  • Power to enter a premise and carry on ‘search’ without warrants
  • Power of making usage of any degree of force after giving a warning.

Supreme Court observed that the military litigants cannot appeal against orders of the Armed Forces Tribunal to the High Court under Article 227, and against those orders for which appeal to the Supreme Court lies under Section 31 (1) of the Armed Forces Tribunal Act.
As per the case of ‘Union of India & Ors. V. Manoj Deswal & Ors.’, discharging of personnel on unauthorised leave without show cause notice is allowed.

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