Understanding Admin Law in Pakistan

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Dr Muhammad Zubair

Administrative law is a branch of public law that governs the activities and operations of government agencies, both at the federal and state levels. Administrative law regulates how agencies make and enforce rules, how they adjudicate disputes, and how they interact with the public. Administrative law also protects the rights and interests of individuals and groups who are affected by the actions and decisions of agencies. Administrative law is derived from the constitutional and statutory authority of the government, as well as from the common law and judicial precedents.

What are the different forms of administrative law? Administrative law can be divided into two main forms: rulemaking and adjudication. Rulemaking is the process by which agencies create, amend, or repeal rules or regulations that have the force and effect of law. Rules or regulations are general and abstract statements of policy or procedure that apply to a broad range of situations or cases. Rulemaking is subject to certain procedural requirements, such as public notice, comment, and participation, as well as judicial review, to ensure that the rules are lawful, reasonable, and consistent with the agency’s mandate and the public interest. Adjudication is the process by which agencies resolve specific disputes or claims that arise under the rules or regulations that they administer. Adjudication involves applying the rules or regulations to the facts and evidence of a particular case, and issuing a decision or order that determines the rights and obligations of the parties involved. Adjudication is also subject to certain procedural safeguards, such as due process, fair hearing, and impartiality, as well as judicial review, to ensure that the decisions are lawful, rational, and fair.

What is the correlation between constitutional law, legislative law, and administrative law? Constitutional law, legislative law, and administrative law are all interrelated and interdependent branches of public law that form the legal framework of the government. Constitutional law is the supreme law of the land, which establishes the structure, powers, and limits of the government, as well as the rights and duties of the citizens. Legislative law is the law that is enacted by the legislature, which represents the will and consent of the people. Legislative law defines the goals, objectives, and policies of the government, and authorizes the creation and operation of agencies to implement them. Administrative law is the law that is created and applied by the agencies, which execute and enforce the legislative law. Administrative law regulates the manner, method, and means by which agencies carry out their functions and duties, and ensures the accountability, transparency, and responsiveness of the agencies to the public and the courts.

Is administrative law an implementing law? Administrative law can be considered as an implementing law, in the sense that it implements the legislative law that grants the authority and responsibility to the agencies to act on behalf of the government. Administrative law translates the general and abstract legislative law into specific and concrete rules and regulations that guide the actions and decisions of the agencies and the public. Administrative law also implements the constitutional law that sets the boundaries and standards for the agencies to act within the rule of law and respect the rights and interests of the citizens.

Why is administrative law vital for the executive part of government, especially for administration and executive? Administrative law is vital for the executive part of government, because it enables the executive to perform its functions and duties effectively and efficiently, and to achieve its goals and objectives in the public interest. Administrative law provides the executive with the legal tools and mechanisms to create and enforce rules and regulations that address the complex and dynamic issues and challenges that the government faces. Administrative law also provides the executive with the legal framework and procedures to resolve disputes and claims that arise under the rules and regulations that it administers. Administrative law also ensures that the executive acts in a lawful, reasonable, and fair manner, and that it is accountable, transparent, and responsive to the public and the courts.

Public administration is the process and practice of managing and delivering public services and policies by the government and its agencies. Various factors, such as the historical legacy, the constitutional framework, the political system, the socio-economic context, and the international environment, influence public administration in Pakistan. Public administration in Pakistan faces many challenges and opportunities, such as the devolution and decentralization of power, the accountability and transparency of governance, the efficiency and effectiveness of service delivery, the participation and responsiveness of citizens, and the innovation and reform of institutions.

Administrative law is important for the public administration in Pakistan, because it enables and constrains the public administration to perform its functions and duties effectively and efficiently, and to achieve its goals and objectives in the public interest. Administrative law provides the public administration with the legal tools and mechanisms to create and enforce rules and regulations that address the complex and dynamic issues and challenges that the government faces. Administrative law also provides the public administration with the legal framework and procedures to resolve disputes and claims that arise under the rules and regulations that it administers. Administrative law also ensures that the public administration acts in a lawful, reasonable, and fair manner, and that it is accountable, transparent, and responsive to the public and the courts.

Some of the examples of the importance of administrative law for the public administration in Pakistan are:

Administrative law empowers the public administration to make rules and regulations that implement the legislative law that grants the authority and responsibility to the agencies to act on behalf of the government. For instance, the National Accountability Ordinance 1999 empowers the National Accountability Bureau (NAB) to make rules and regulations for the prevention and eradication of corruption and corrupt practices in Pakistan .
Administrative law constrains the public administration to make rules and regulations that are consistent with the constitutional law that sets the boundaries and standards for the agencies to act within the rule of law and respect the rights and interests of the citizens. For instance, the Supreme Court of Pakistan declared the Contempt of Court Ordinance 2012 as unconstitutional and void, as it violated the independence and dignity of the judiciary and the fundamental rights of the citizens .
Administrative law enables the public administration to adjudicate disputes and claims that arise under the rules and regulations that it administers, and to issue decisions and orders that determine the rights and obligations of the parties involved. For instance, the Federal Board of Revenue (FBR) adjudicates tax disputes and claims that arise under the Income Tax Ordinance 2001, and issues assessment orders and notices that determine the tax liability and refund of the taxpayers .
Administrative law constrains the public administration to adjudicate disputes and claims that are subject to certain procedural safeguards, such as due process, fair hearing, and impartiality, and to issue decisions and orders that are lawful, rational, and fair. For instance, the Federal Service Tribunal (FST) adjudicates service disputes and claims that arise under the Civil Servants Act 1973, and issues decisions and orders that are subject to the principles of natural justice and the grounds of judicial review .
Administrative law ensures that the public administration is accountable, transparent, and responsive to the public and the courts, and that it provides the public with the information, access, and participation in the administrative process. For instance, the Right of Access to Information Act 2017 ensures that the public administration discloses the information that is held by the agencies, and that it responds to the requests and complaints of the public regarding the information .
Administrative law ensures that the public administration is accountable, transparent, and responsive to the public and the courts, and that it respects and protects the rights and interests of the public in the administrative process. For instance, the Ombudsman Act 1983 ensures that the public administration redresses the grievances and maladministration of the agencies, and that it provides the public with the relief and remedy in the administrative process .

Admin law is critical for the efficiency of administration. It is the law that regulates the parts of governments and ensures good governance and service delivery. Therefore, reforming and coding administrative law is vital for the interest of governance in Pakistan.

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