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THE TAMIL NADU NATIONAL LAW SCHOOL

B.A.LLB, (HONS) FOURTH SEMESTER 2016

ADMINSTRATIVE LAW PROJECT


ON
The Administrative Procedure Act

SUBMITTED TO
PROF. DEEPA MANICKAM
(FACULTY)

SUBMITTED BYR.DINESH KUMAR


(ROLL NUMBER-BA0140015)

The Administrative Procedure Act


The Administrative Procedure Act, 1946 is a United States Federal Statute which consolidates
the law regarding administration of agencies of the Federal Government. The Act is part of a
branch of law called the administrative law. Administrative law seeks to lay down rules
regarding exercise of power by heads of administrations. Administrative agencies are considered
as instrumentalities of the State, hence those heading such institutes are bound to act lawfully
and according to general principles of law.
The Administrative Procedure Act governs the process by which federal agencies develop and
issue regulations. It includes requirements for publishing notices of proposed and final
rulemaking in the Federal Register, and provides opportunities for the public to comment on
notices of proposed rulemaking. The Administrative Procedure Act requires most rules to have a
30-day delayed effective date. In addition to setting forth rulemaking procedures, the
Administrative Procedure Act addresses other agency actions such as issuance of policy
statements, licenses, and permits. It also provides standards for judicial review if a person has
been adversely affected or aggrieved by an agency action.

Administrative law in India is primarily a judge-based law and no specific statute exists to
govern it. Judges review administrative actions on the touchstone of legal principles and strikedown actions that are prime facie unconscionable. The Administrative Tribunals Act, 1985
however has been enacted to establish various Administrative Tribunals in India. In order to
understand better the various facets of administrative law, consider the objectives of the
Administrative Procedure Act and compare them with India:At first to require agencies to keep the public informed of their organization, procedures and
rules. In India, the Right to Information Act, 2005 has achieved stellar success in keeping
citizens informed. Secondly to provide for public participation in the rule-making process. In
India, The Citizen's Charter is enacted by an organization to make decision-making democratic.
Thirdly to establish uniform standards for the conduct of formal rule-making and
adjudication. Various principles of law, decided by the Indian judiciary, have formalized
rule-making. And To define the scope of judicial review. Indian courts usually exercise
restraint in interfering with administrative decision, unless a patent illegality exists.

Keywords: Administrative law, federal, statute, issue regulations, tribunals, charter, adjudication,
patent, unconscionable.

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