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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 Privacy Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Privacy
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
Asha Narayan Nair

Asha Narayan Nair

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

Specialization

  • Privacy
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
Namitabh  Kothari

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Privacy
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Privacy
  • Civil
  • Commercial
  • Debt Collection
  • Maternity
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
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Privacy
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Sahej  Uban

Sahej Uban

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Privacy
  • Criminal
  • Family
  • Civil
  • Consumer Protection
Sahej Uban & Associates (A Law Firm) is a result oriented firm and works all day long to furnish best legal services for their clients. View Full Profile
Meenakshi  Garg

Meenakshi Garg

Advocate
Exp
North Delhi , Delhi

Specialization

  • Privacy
  • Divorce
  • Cheque Bounce
  • Civil
  • Debt And Lending Agreement
Total Answers Given : 44
Sarvesh  Giri

Sarvesh Giri

PROPRIETOR
Exp
Mumbai City , Maharashtra

Specialization

  • Privacy
  • 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
Ramgopal  Aiyer

Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Privacy
  • Criminal
  • Cheque Bounce
  • Banking
  • Commercial
Managing Partner of Kaleeyantey Law Firm presently having offices in Mumbai and Navi Mumbai handling Litigation and Non Litigation matters on Civil side and Criminal side as well. View Full Profile
Total Answers Given : 3
Kaveriamma  Monnappa

Kaveriamma Monnappa

Corporate Lawyer
Exp
Bangalore , Karnataka

Specialization

  • Privacy
  • Contracts and Agreements
  • Government Contracts
  • IT Contracts
  • Licensing
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
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  • What is Privacy Law?
  • Which Act Governs Privacy?
  • Why such Law is important?

On 24th August, 2017 Supreme Court declared Privacy to be a fundamental right. Right to privacy refers to the right to maintain a domain around us, which could be inclusive of all those things that are intrinsically associated with us like our home, body, feelings, identity, etc. We are the masters of allowing access to this domain. Privacy rights are about the respect of an individual, it must be upheld unless a compelling reason to override someone’s privacy exists. Right to Privacy has been interpreted as an extension of Article 21 of the Indian Constitution.

What is Privacy?


Privacy is the “right to be let alone; the right of a person to be free from unwarranted publicity; and the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned”. ‘Privacy is the condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions’.

Necessity of Privacy


  • Limit on Power of the Government.
  • Respect of Individual.
  • Reputation Management.
  • Trust.
  • Control Cover on One’s Life.
  • Freedom of Thought and Speech.

What is Privacy Law and What Laws Govern Privacy?


Article 17 of the International Covenant on Civil and Political Rights, 1966 says that no person should be subjected to unlawful/arbitrary interference with their privacy, with every person having the right to protection of the law against such interference.

Article 12 of the Universal Declaration of Human Rights 1948, says that no person would be subjected to an arbitrary interference with respect to their privacy, home, family or an attack on their honour & reputation.

Right to privacy has been given recognition in the Information Technology Act as well in Section 43 as per which unauthorized access into a computer resource invokes liability.

As per the case of ‘People’s Union for Civil Liabilities v. Union of India’, tapping of a phone attracts violation of privacy and its due protection being a part of Article 21. Hence, tapping of a phone require the due process to be followed, and the process has to be just, fair, and reasonable.

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