Question:-“So the judicial function merges into the legislative and the legislative into the administrative”. Discuss the proposition with references to functioning of some of the administrative bodies.

Answer:-Overlapping of functions between different organs of Government- The word “administration” is derived from the verb ‘to administer’ which means to put the law into effect. This function is one which certainly the administration performs. “But it does far more,” says Prof. Griffith, “for it lays down rules which have the force of law and it decides disputes”. “Although the power to lay down rules, the power to decide disputes and the power to make administrative action, are, in fact widely distributed, yet there is a clear overlapping in judicial and legislative and again in legislative and administrative functions of the three organs.” There are a large number of administrative bodies which perform legislative as well as judicial functions. The functioning of Commission of Inquiry clearly shows that its primary duty is to investigate and make judicial inquiry into matters of public importance and to suggest after surveying the whole situation, future changes or recommendations which may help the Legislature in formulation of its legislative policy in some particular matters. Moreover, it works like a judicial body. Now, we may take the example of Wage Boards, which acts in certain respects as an industrial tribunal and to certain extent as a legislative body. In Great Britain the functions of Wage Board are characterized as legislative. Its main function is to fix the wages and in performing this function it is required to keep in view  certain other facts, such as, cost of living, the prevalent rates of wages for comparable employment etc. during the course of its performance of these duties, the Board formulates rules and does many other acts which happen to be legislative acts. And the court was compelled to clarify the confusion that the Board is neither purely a legislative nor purely a judicial body. Therefore it can be concluded that no criteria have been followed and so it cannot be said that this power resides with this authority and that power resides with that authority.

Prof. Griffith in his book “Principle of Administrative Law” clearly holds that the distinction between legislative, judicial and administrative action is often difficult to draw. Obvious examples are furnished by the decision in such cases as Donoghue v. Stevenson (1932) AC 562 and Ryland v. Fletcher, (1868) LR 3 HL 330. According to Griffith these decisions and selected disputes can therefore be called judicial; they also established rules of law and can be called legislative. Thus there are instances where the judicial has merged into legislative. As a matter of fact there are no watertight compartments where we can maintain clear distinctions.

It is clear that an administrative authority also performs legislative actions. And the case of Tribunals, working as quasi-judicial functions although an administrative body is now an established fact. Thus keeping in view all these facts Prof. Griffith correctly remarked; “so the judicial function merges into legislative and the legislative into the administrative”.

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