What are Administrative Agencies?
Administrative agencies are the governmental bodies made to undertake and manage the implementation of particular legislation. For example, the Environmental Protection Agency has been formed under the National Environmental Protection Act to enforce and implement particular Acts and environmental laws.
Administrative agencies are a practical necessity for effective governance. Congress does not have the expertise to specialized knowledge to make technical laws. The Congress may make broad statutory guidance upon which the agencies may draw and make specific rules accordingly. This also provides for a better allocation of functions for reasonable legislation. An agency may make rules, regulations, orders, decisions, etc., according to the law made by the legislature, and they have the force of law. There is hardly any function in the modern form of government that does not involve an administrative agency.
The AdministrativeProcedure Act governs and regulates the process which the administrative agencies must follow. The Act applies to all administrative agencies unless the agency is explicitly excluded in the Act. Before enacting this Act, there was no law for the regulation of administrative agencies, and in 1936, President Roosevelt formed the President’s Committee on Administrative Management. This committee found that the administrative agencies were irresponsible and had uncoordinated powers. The report summarized the agencies as the “headless fourth branch of the government.” Subsequently, after many deliberations and compromises, the Administrative Procedure Act was formed in 1946 to regulate administrative agencies effectively.
The main purpose of the Administrative Procedure Act was to provide for minimum procedural standards which the agencies must follow while carrying out the executive, legislative and judicial functions. The Act distinguishes between the legislative and judicial functions of the agencies, something which was not present earlier. The Act also provides for the judicial review of the actions of the agencies. The acts of agencies could be reviewed by the judiciary and quashed if they are violative of the constitution and the law through the judicial review.
Power of Administrative Agencies
The legislature is the main source of power to the administrative agencies. An agency performs such functions as have been legislated in a statute, and its power depends on the functions it has to perform. The functions of an administrative agency may be broadly classified into executive, quasi-legislative and quasi-judicial functions.
Under executive functions, an administrative agency enforces the laws and regulations. An agency may investigate any act of an entity for any violation and even prosecute the entity for the violation. Under quasi-legislative functions, an administrative agency may make rules, regulations, etc., for the better implementation of the laws made by the legislature. The legislature usually makes laws broadly and delegates the legislative function of making specific rules or regulations parallel to the broad law to the administrative agencies. Disputes may arise during the enforcement of the law by an administrative agency. The administrative agency may form a tribunal for the resolution of such disputes under its quasi-judicial function. Hence, an administrative agency may make rules for entities, investigate and prosecute the entitites for violation of the rules, and adjudicate upon prosecutions.
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