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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 Will Lawyers in India

Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Will
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
V.K  Singh

V.K Singh

Law firm
Exp
Delhi , Delhi

Specialization

  • Will
  • Criminal
  • Commercial
  • Arbitration And Mediation
  • Contracts And Agreements
Highly experienced in criminal Law , handled High profile media highlighted criminal cases , regularly conducts seminars in Dubai and London on Indian Laws. Laws firm is having experts in Real estate , Criminal, property, IPR , corporate advisory as well as litigation in Supreme Court , High Court View Full Profile
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

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

Satish Kumar

advocate
Exp
Delhi , Delhi

Specialization

  • Will
  • Criminal
  • Sex Crime
  • Sexual Harassment at Workplace
  • Divorce
Our law associates is a full service law firm providing extensive range on various law related issues.We provide great & aggresive legal representation in courts & we focus on Confidentiality, ethics etc with Competent Fee or Billing structure. We also focus on providing each & every update on case. View Full Profile
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Will
  • Divorce
  • Domestic Violence
  • Family
  • Consumer Protection
I am specialist in family matter and consumer case. Hence, What I think, What I want, I achieved any how... View Full Profile
Total Answers Given : 2
PRABHU N  SAVANUR

PRABHU N SAVANUR

ATTORNEY
Exp
Dharwad , Karnataka

Specialization

  • Will
  • Motor Accident
  • Arbitration And Mediation
  • Intellectual Property, Copyright, Patent, Trademark
  • Sexual Harassment At Workplace
Completed my Law degree in August 2018, University Topper, Gold Medalist, Practicing at High Court of Karnataka, Designated as Ambassador of International Council of Jurists, London & serving various Insurance Companies dealing with Motor Vehicle Insurance Cases. View Full Profile
Total Answers Given : 1
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Will
  • 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
Jaya  Dhoot

Jaya Dhoot

Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Will
  • Divorce
  • Criminal
  • Cheque Bounce
  • Banking
I am lawyer View Full Profile
Manoj  Nigam

Manoj Nigam

Senior lawyer
Exp
Kanpur , Uttar Pradesh

Specialization

  • Will
  • Criminal
  • Sexual Harassment At Workplace
Legal advisor_ 1-regency hospital Pvt LTD 2-ashok masale group 3-central bank of India 4-parsons machinery 5-bhatia group of hotels 6-ghosh mishthan View Full Profile
Tamanna  Pankaj

Tamanna Pankaj

Owner/ Founder of Legal India House
Exp
Central Delhi , Delhi

Specialization

  • Will
  • Family
I am Tamanna , Founder / Owner of a Delhi Based Law Firm Legal India House . We at Legal India House has a specialised team of advocates of different areas . View Full Profile
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  • What is Will?
  • What is Will Law?
  • Which Laws Govern Will?
  • Is it necessary to register a Will?

What is Will?


As per Section 2(h) of the Indian Succession Act, 1925; the lawful declaration of a testator’s intention in connection with his property in the event of his death is referred to as a “Will”. Any person who is not a minor and is of a sound mind is competent to make a Will.

What is the Wills law?


There are multiple laws governing the execution and procedure concerning wills which are applicable to different sections of the society. A will need not be made on a stamp paper if a person is okay with their will not being ‘registered’. These laws govern the process, extent, and other procedure w.r.t Wills.

These laws also aim at providing clarifications regarding the actual nature of a will, the concerned provisions make it clear that a Will is different from a Gift Deed as assets in a Will pass on only at the event of the death of the testator.

What are the applicable which Laws Which Govern Will?


  • Hindu Succession Act – Section 30 of HSA, 1956 is applicable to Hindus
  • Muslims – Quranic Law is applicable
  • The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 – applicable in the state of Goa
  • The Indian Succession Act, 1925
  • The Registration Act, 1908 – A will need not be registered as this exception is allowed under Section 18 of the Registration Act, 1908. This principle was held in the case of Maturi Pullaian v. Maturi Narasimham.

Is it necessary to register Will?


In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no stamp duty payable. But if one chooses to register a Will with the applicable registrar/sub-registrar of assurances, the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn’t have to be executed before a notary public.

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