10 Most Important Differences between Administrative Functions and Legislative Functions

10 Most Important Differences between Administrative Functions and Legislative Functions are listed below:

Administrative Function:

1. The executive has only delegated legislative powers.

2. The legislative power of executive is flexible.

3. It functions according to its present day needs.

Administrative

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4. The legislation made by executive supplement the supreme legislation, but it cannot supplant it.

5. Griffith and Street propounded two tests:

(i) Institutional test;

(ii)The rest is administrative.

(iii) Specific cases;

The power is given to executive to meet the ‘specific circumstance’ and ‘specific case’ and the rule made by such executive called executive power.

6. If a legislation made by administrators is against the fundamental rights and against the principles of natural justice, such legislation can be quashed by Courts by writ of Certiorari.

7. Administrative powers can easily be delegated and also sub-delegated.

8. Administrator has to give reasons for their decisions to the parties concerned, and mainly to their higher officers.

9. All administrative actions need not be published.

10. Generally, if an exemption or favor is made in favor of an individual it is administrative in nature.

Legislative Function:

1. The Parliament has the supreme legislative power.

2. The legislative power of Parliament is rigid.

3. It looks to future.

4. The legislation made by Parliament and State Legislatures always superior than the administrative legislation.

5. Griffith and Street propounded two tests:

(i) Institutional test:

Whatever is enacted by the Legislature is ‘legislation’.

(ii) General application:

The legislature is empowered for the purpose of ‘general application’, and such act or rule is called legislative rule.

6. Legislation made by the Parliament cannot be interfered by Courts.

7. In rarest cases only sub-delegation of legislative powers can be made by Parliament.

8. The legislation need not give reasons. However, in every Act, the objects and reasons are explained.

9. All legislations shall necessarily be published

10. Generally, if an exemption or favor is made in favor of class of people or entire area it is legislative in nature.

Submitted by : Professor Mahubala, Category : Knowledge