Separation of Powers & Classification of Administrative Action — KSLU Administrative Law Notes
Separation of Powers & Classification of Administrative Action
India follows no rigid separation of powers (unlike the USA); there is a functional separation with checks and balances — Ram Jawaya Kapur v. State of Punjab held the doctrine is not fully embodied, while Kesavananda Bharati and Indira Gandhi made it part of the basic structure in the sense that no organ may usurp another’s essential function. Administrative action is classified into three kinds, and the classification matters because it decides how much natural justice and judicial review apply.
| Type of Action | Nature | Duty to act judicially? |
|---|---|---|
| Legislative (delegated legislation) | Lays down general rules for the future | Limited — but procedural requirements may apply |
| Quasi-judicial | Decides rights of parties on evidence after a lis | Yes — full natural justice |
| Administrative / ministerial | Implements policy; based on discretion/expediency | Fairness applies (post-A.K. Kraipak) |
The once-rigid line between administrative and quasi-judicial functions has blurred since A.K. Kraipak v. Union of India (1969), which held that the duty to act fairly attaches even to administrative action that affects rights — natural justice is no longer confined to quasi-judicial decisions.