The Binding Nature of Administrative Instructions: An Overview

Abstract

Administrative instructions or administrative directions are issued by a higher authority to a lower authority directing as to how certain discretionary powers are to be exercised by the executive. Issuing such administrative instructions is relatively a modern function of administrative bodies. The mechanisms by which administrative authorities issue instructions are through letters, circulars, orders, memoranda, pamphlets, public notices, press notices and even notification in the government gazettes. Such instructions can be specific or general and mandatory or directory. If they are directory then they are not binding. In this article, the author seeks to analyse the binding nature of mandatory administrative instructions, which is vague under administrative law.