ADMINISTRATIVE INSTRUCTIONS

Abstract

The growth of the administrative process has been accompanied by an increase in the grant of discretionary powers in the hands of administrative authorities. To control the exercise of such discretionary powers, various devices have been resorted to, such as promulgation of rules, announcement of statement of policy and issuance of administrative instructions (or administrative directions). The essential rationale behind administrative directions is to fill in the gaps in the prevalent law; with the objective of thwarting arbitrary exercise of power. 

Execution and determination of policy is what constitutes the Executive power. The power to issue directions flows from the general administrative powers under Articles 73 and 162 of the Constitution. The executive power of the State and the Union covers all matters with respect to which the State legislatures and the Parliament have the competence to make laws; however, the exercise of this power cannot contravene the provision of the Constitution.

A higher authority can issue administrative directions to a subordinate authority; but may lack statutory force. These instructions can be binding or directory; and be of a generic or specific nature. The statute which confers power to the agent or instrumentality of the administration to issue instructions, determines the nature of these instructions. They can be issued through a circular or letter or even be oral, given in a causal manner. 

They can also be published in the state gazette or in the form of pamphlets, press notes, or public notices. Instructions issued using the general administrative power, without statutory authorisation are directory and are unenforceable. The pertinent issue here is not whether a particular official pronouncement has statutory force or not; even if it is devoid of statutory force, no official in practice can disregard it; though no court would enforce it at the instance of an individual.

The nature of these powers also give rise to legal issues such the position of administrative directions vis-à-vis delegated legislation, the need for resorting to administrative instructions, the legal basis for administrative instructions and enforceability of administrative instructions. These aforementioned issues have been dealt with in this paper with the help of case laws, legal principles and authoritative commentaries.