Hafeez Ahmed Khan

Administrative law is the branch of public law that regulates the activities of government agencies and officials. It ensures that the administrative powers are exercised within the limits of the law and in accordance with the principles of justice, fairness, and public interest. Administrative law also protects the rights and interests of individuals who are affected by administrative decisions or actions.
The main functions and significance of administrative law in the public sector include regulating the administrative functions of public human resources and their functions. It is a vital law for regulating governmental business.
It establishes the structure, functions, and powers of various administrative authorities, such as ministries, departments, commissions, boards, tribunals, etc. It defines their roles and responsibilities, their jurisdiction and scope, and their procedures and rules.

Furthermore, it provides a mechanism for judicial review of administrative actions. Judicial review is the process by which courts examine the legality, rationality, and proportionality of administrative decisions or actions. It enables individuals to challenge the validity or correctness of administrative actions that violate their rights or interests.
It promotes transparency and accountability in public administration. It requires administrative authorities to follow certain standards of conduct, such as honesty, impartiality, diligence, etc. It also imposes certain duties on administrative authorities, such as giving reasons for their decisions, disclosing relevant information, consulting affected parties, etc.

Likewise, it safeguards the fundamental rights and freedoms of individuals from arbitrary or unreasonable interference by administrative authorities. It ensures that administrative authorities respect the principles of natural justice, such as audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in his own case). It also provides remedies for individuals who suffer from unlawful or unjust administrative actions, such as compensation, injunctions, declarations, etc.
Administrative law is a crucial aspect of modern governance, as it balances the need for effective and efficient public administration with the need for protecting individual rights and interests. It also fosters a culture of good governance, where administrative authorities act in a lawful, reasonable, and fair manner.

Administrative law reform is the process of improving the legal framework and the institutional mechanisms that govern the public administration in a country. It aims to enhance the efficiency, effectiveness, accountability, transparency, and responsiveness of the administrative system, as well as to protect the rights and interests of the citizens. Administrative law reform can positively impact Pakistan’s governance structure in several ways, such as strengthening the federal system of Pakistan by clarifying the roles and responsibilities of the federal and provincial governments andthe local governments. It can also ensure a fair and equitable distribution of resources and powers among the different levels of government and foster coordination and cooperation among them. Administrative laws provide federal and provincial structures to execute the laws, policies and legislation.

Furthermore, it can improve the quality and delivery of public services by streamlining administrative procedures, reducing red tape and corruption, enhancing the capacity and professionalism of civil servants, and introducing performance-based management and evaluation systems.
It can also promote public participation and engagement in policy-making and implementation by creating channels for consultation, feedback, and grievance redressal. It can also empower the citizens to hold the administrative authorities accountable for their actions and decisions and to seek remedies for any violations or injustices.

Likewise, it can foster a culture of rule of law and democracy by ensuring that the administrative authorities act in accordance with the constitution, laws, and regulations and respect the fundamental rights and freedoms of the people. It can also provide an independent and effective judiciary to oversee and review administrative actions and to uphold the principles of natural justice.
Some examples of administrative law reform initiatives that have been undertaken or proposed in Pakistan include the 18th Amendment to the Constitution of Pakistan in 2010, which devolved more powers and functions from the federal government to the provincial governments and abolished the concurrent legislative list. It also introduced a new National Finance Commission Award, which increased the share of provinces in federal revenues from 47.5% to 57.5%.

The National Accountability Ordinance 1999 established the National Accountability Bureau (NAB) as an anti-corruption agency with wide-ranging powers to investigate, prosecute, and recover assets from public officeholders and others involved in corruption or misuse of authority.
The Right to Information Act 2017 which granted every citizen the right to access information held by public bodies, subject to certain exemptions. It also established information commissions at the federal and provincial levels to facilitate and monitor the implementation of the law.
The Civil Servants Act 1973 (Reforms) Bill 2020 which proposed various amendments to the existing law governing the civil service in Pakistan. Some of the key features of the bill include introducing merit-based recruitment and promotion, creating specialized cadres for different sectors, providing training and capacity-building opportunities, ensuring security of tenure, linking pay and perks with performance, establishing grievance redressal mechanisms, etc.

Administrative law reform is a complex and challenging process that requires political will, legal expertise, institutional capacity, stakeholder involvement, public awareness, and continuous monitoring and evaluation. However, if done properly, it can bring significant benefits for the governance structure of Pakistan and for its socio-economic development. Pakistan needs good governance. For good governance, there must be administrative reforms. And admin law is central for administrative reforms. There must be coding and re-coding of administrative law, and there is a need to update the administrative law to the requirements of modern administration.

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