Answer:- Administrative Instructions or Directions – Subject to the
provisions of the Constitution, the executive power of the Union and the States
extends to all matters in respect of which Parliament or State Legislature have
power to make laws (Article 72 and 162). The executive power includes both the
determination of policy as well as carrying it into execution.
Thus the power to issue instructions
or directions flows from the general executive power.
Administrative instructions or
directions may be specific or general and directory or mandatory. What kind of
instruction it is, depends generally on the provisions of the statute which
authorizes the administrative agency to issue instructions. Instructions which
are not issued under any statutory power are considered as directory, and hence
are unforceable, not having the force of law. In Femandez v. State of Mysore PWD Code of instructions as not having
the force of law because this was issued under no statutory power but under the
general administrative power. However, though such instructions may not be
enforceable in a court of law, yet their violation may expose the officer
concerned to disciplinary action.
Even in these situations where
administrative instructions have statutory force, their binding character
depends on several factors. In Raman and
Raman v. State of Madras, AIR 1959 SC 694, the Supreme Court came to the
conclusion that the administrative instructions, despite their issuance under
Section 43-A of the Motor Vehicles Act, 1939 do not have the force of law.
However, in Jagjit Singh v. State of
Punjab, (1978)2 SCC 196, the Supreme Court made administrative instructions
enforceable to get a Scheduled Case candidate appointed in Civil Service.
In Union of India v. Anglo Afgan Agencies, AIR 1968 SC 778, an Export
Scheme was declared by the Textile Commissioner for providing certain
incentives to exporters of woolen goods. Relying on the representation in the
Scheme, petitioner exported sizable quantity of goods but was not granted
import certificate. When this action was challenged the court held that the
scheme was enforceable.
In this way the Law relating to
administrative instructions, or directions as regards their statutory status
and enforceability is in highly nebulous state.
The law relating to instructions is
not in a satisfactory condition. There is very wide scope for judicial
legislation in this area. In Union of
India v. Charangit S. Gill (2000) 5 SCC 742 the Supreme Court has laid down
following propositions.- (1) Notes and administrative instruction issued in the
absence of any statutory authority has no force of law, nor can supplement any
provision of law, Act or rule and regulation.
2. By administrative instruction government
has power to fill up gaps in the rule if the rules are silent on the subject
and are not inconsistent with the existing rules.
3. if instructive instructions are
not referable to any statutory authority they cannot have the effect of taking
away rights vested in the person governed by the Act.
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