ADMINISTRATIVE LAW
AND ADJUDICATION
Presented By: Mishal Akram
Definition
According to L.D. White, "Administrative adjudication
means the investigation and settling of a dispute
involving a private party on the basis of law and fact by
an administrative agency.”
Meaning
Resolution of dispute by means of judicial or quasi-
judicial proceedings.
Settles and decides all disputes that may arise not
only among administrators but also between officials
and private individuals.
Causes of its Growth
Emergence of a welfare state.
The modern industrialized society involves technical
matters.
The regular courts are over burdened.
Regular courts are very expensive.
Safeguards
1. Organizational Safeguards
2. Procedural Safeguards
3. Judicial Safeguards
Forms of Administrative
Adjudication
Judicial Review
Statutory Appeal
Suits against the Government
Suits against Public Officials
Extraordinary Remedies
1. Judicial Review:
Article 199 of the constitution
Power of courts to review laws and executive orders
Declare null and void
2. Statutory Appeal:
The law itself provide that in a given type of
administrative act or decision, the aggrieved party
has the right to appeal.
Administrative agency can also go to court for
enforcement of its orders.
3. Suits against the government:
Governments can be sued in the courts of law by the
aggrieved party.
Higher courts are empowered to declare any act of
administration, without lawful authority, on the
application of aggrieved party.
SC has original jurisdiction in matters pertaining to
fundamental rights. (PIL)
4. Suits against Public officials:
Personally liable for acts done in personal capacity.
As per constitution of 1973, every act of officer is
liable to be sued in higher courts.
The court can declare their acts without lawful
authority.
Can also be directed to act according the law, if no
other adequate remedy is available.
5. Extra ordinary Remedies:
Consists of the 5 writs.
Organization of
Administrative Adjudication
Administrative law is a body of rules, which have
been evolved by the precedents of the
administrative courts.
In Pakistan, the following three provisions have been
adopted for settlement of disputes between
government officials, functionaries and citizens:
1. Tribunals
2. Statutory Inquiry
3. Ombudsman
1. Administrative Tribunals:
Bodies for resolving disputes by court like
procedures.
Have a regular or semi-permanent existence.
Created by statutes and serve two main functions:
1. Dispute between 2 individuals.
2. Dispute between public bodies/officials and citizens.
2. Statutory Inquiries:
Set up on ad-hoc basis to inquire into a specific
matter.
They don’t give a decision but report to a
government department.
Answerable to the parliament.
The inquiry is usually conducted by a civil servant
acting on behalf of Minister.
The constitution of Pakistan has provided for the
establishment of statutory inquiries in matters of
grave importance.
3. Ombudsman:
Meaning ‘agent’ or ‘representative of people.’
Independent and non partisan officer appointed by
legislature to deal with complaints from citizens against
administrative injustice.
Ombudsman supervises the administration and protects
public against abuse of power.
He has the power to investigate, criticize and publicize
administrative actions.
Ombudsmen are often appointed by and report to
the Parliament. They are increasingly becoming
defining characteristics of modern democracy.
Focus has shifted to include emphasis on human
rights, civil rights, anti-corruption and topical
specialization, for example child rights and welfare,
prisons, housing etc.
Emergence of
Ombudsman in Pakistan
Pakistan was the first country in the Asian continent to establish
the institution of Wafaqi Mohtasib (Federal Ombudsman), in 1983.
It followed the mention of the institution of ombudsman in the
1973 Constitution.
The establishment of the office of Federal Ombudsman in Pakistan
was followed by the establishment of offices of Ombudsmen for
Tax, 4 provinces and Azad Jammu and Kashmir.
Pakistan has 12 independent ombudsman institutions representing
general and specific mandates at both federal and provincial
levels, such as taxation, workplace harassment, insurance and
banking.
In 2013, the jurisdiction of Federal Ombudsman was
also extended to private agencies licensed or
registered by the federal government, and to
agencies with minority shares owned by the
government.
The promulgation of the Ombudsman Institutional
Reform Act 2013 gave ombudsman administrative
and financial autonomy.
Merits of Ombudsman
System
Direct, simple, informal and speedy.
Gives relief to the common man.
Acts as the eyes and ears of legislature.
Reduces the burden of judiciary.
Instrumental in eradicating corruption and
inefficiency from government departments.
https://www.supremecourt.gov.pk/downloads_judg
ements/all_downloads/Judicial_System_of_Pakistan/
thejudicialsystemofPakistan.pdf
https://www.lawyersnjurists.com/article/explain-the-
nature-and-scopes-of-administrative-law-and-disting
uish-it-from-constitutional-law/#:~:text=The%20natur
e%20of%20administrative%20law,rights%20and%20int
erests%20of%20citizens
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