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Administrative Law: Rule-Making V. Adjudication




Ishant Warde, Maharashtra National Law University, Nagpur


ABSTRACT


Administrative law-making encompasses two primary mechanisms: rulemaking and adjudication. Rulemaking is the process by which administrative agencies create general regulations or guidelines that have the force of law, impacting large groups of people by establishing broad policies. Conversely, adjudication involves resolving specific disputes or issues on a case-by-case basis, applying existing rules to particular situations and often resulting in individual or situational outcomes. The choice between rulemaking and adjudication reflects an agency’s approach to balancing efficiency, fairness, and accountability. While rulemaking offers clarity and predictability, adjudication provides flexibility and adaptability to unique circumstances. This paper explores the principles, processes, and implications of rulemaking and adjudication within administrative law, highlighting their roles in achieving justice and effectiveness in governance. Analysing their advantages, limitations, and the circumstances under which each method is applied, this study sheds light on how agencies navigate the complex requirements of law and public interest through these two modes of action.


Keywords: Adjudication, Administrative Law, Natural Justice, Rulemaking.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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