Administrative law is the by-product of expanding socio-economic functions of the
State and increased powers of the government. It has become immensely important
in developed societies since the relationship of individuals with the authorities has
also become complex.
It is that branch of public law that dictates how governmental agencies ad offices
are to work both at central and state level. It is mostly judge made law that
provides the guidelines for public administration and ensuring public welfare. It
includes the rule-making power of administrative bodies wherein higher legislative
offices delegate their powers to ensure better administration and implementation of
rules and regulations, quasi-judicial function of administrative agencies, legal
liabilities of public authorities and ensures that the executive wing of the
democracy treats the public fairly.
Meaning:
Administrative law is that law which deals with the relationship between a
country’s citizens with the government. It determines the organizational and power
structure of the administration and quasi-judicial bodies to enforce the rule of law.
Administrative law is primarily concerned with governmental and administrative
actions and process and puts in a control mechanism to prevent administrative
agencies from spiraling out of control. It is not codified law and rather has
developed over time. It ensures that the authorities don’t misuse or abuse the
powers vested in them.
Definition:
Several jurists and scholars have defines administrative law to reveal the scope and
various dimensions of this branch of law.
Austin has defined administrative law as one which determines the ends and modes
to which the sovereign power shall be exercised. According to him sovereign
power should be either exercised directly by the monarch or entrusted to
subordinate political agents holding a position of trust.[i]
Holland regards Administrative law as “one of the six divisions of public law”[ii]
while Bernard Schawartz has defined it to be the law applicable to those
administrative agencies which possess adjudicatory authority of a delegated
legislation.[iii]
Ivor Jennings defined Administrative law a “the law relating to administration”. It
determines the organization, powers and duties of administrative authorities.[iv]
AV Dicey in the 19th Century provided an expansive and explanatory definition of
Administrative law. He defined it to have the following elements:[v]
Portion of a nation’s legal system which determines the legal status and
liabilities of all State officials
The rights and liabilities of private individuals vis-à-vis their business with
public officials
Specifies the procedure by which rights and liabilities are enforced
However, over the years this definition has been found to be problematic. It is
lacking in the sense that it’s concerned only with the singular aspect of judicial
control of public officials. Dicey’s definition fails to account for several other
administrative authorities such as public corporations which are beyond the
definition of State officials.
Friedman, on the other hand, provides an inclusive definition. In his words
Administrative law is the law concerning the powers and procedures of
administrative, especially the law governing judicial review of administrative
action.[vi] It includes:
Administrative powers of administration
Legislative powers of the administration at both common law and under
various statutes
Judicial and quasi-judicial powers
Legal liability of public authorities
Powers of ordinary courts to supervise administrative authorities
History:
Administrative law is known to be in existence since the inception of
administration itself. With the growth of the society, its complexity increased,
thereby posing new problems with respect of administration. In the ancient society
the functions of the State were few and numbered with the most prominent ones
being protection of the country against foreign powers, levying of taxes
maintenance of peace and order. The law is a concomitant of administration at any
given period and has been growing and developing ever since.
The ruling gospel of 19th century was the Laissez faire system which manifested in
individualism, individual enterprise and self-help. The State was characterized by
minimum government; it was an era of free enterprise. However soon it was
realized that the bargaining power was not equal and uncontrolled contractual
freedom lead to the exploitation of the weak. State’s interference was recognized
as essential for emancipation of the down trodden. Therefore, state intervention
was favored and there was regulation on individual enterprise.
In India administrative law can be traced back to the Mauryans and Guptas, several
centuries before Christ followed by the Mughal administration, the British and
Empire and finally the modern day administrative law. Rather the administration
under the British provided the foundation for modern day administrative law. In
the modern Era with responsibilities of the State manifold, modern State is
regarded the custodian of social welfare. The growth in range of responsibilities
has ushered in an era of Administrative law.
Scope:
Administrative law determines the organization, powers and duties of
administrative authorities. The emphasis of Administrative law is on the procedural
aspect of formal adjudication. Its concept founded on the following:
Principles of natural justice
Rule of law
Power is conferred on the administration by law
No power is absolute or uncontrolled howsoever broad the nature of the
same might be
There should be reasonable restrictions on exercise of such powers
depending on the solution.
Since its judge made law and evolves over time, there is room for modification.
While the basic principles remain the same, the scope is wide enough to
incorporate and cull out new rules and regulations, to suit the requirement of time.
Significance:
The development of Administrative law is an unavoidable necessity of the modern
times. Prior to 1947, India was a police state, primarily interested in strengthening
its own domination. Administrative machinery was mainly implemented with the
object of civil service in view. This soon came to be recognized as the ‘steel frame
of Indian polity’. Post independence there was a change in the philosophy of
Indian Constitution. It laid down lofty goals of socio-economic equality, with
public welfare being primary concern. It is an important weapon for bringing
harmony between power and justice. The Constitution governs administrators.
Administration is an all pervading feature of our lives. The ambit of administration
is wide embraces several functions:
Policy making
Leadership to legislature
Execution and administration of regulations of the land
Administering both traditional and contemporary functions of the State
Exercising legislative powers by way of a range of bye-laws, orders,
decrees, orders, etc.
Continuous experimentation and adjustment of detail has become essential
requisite of modern administration. If a rule is found to be unsuitable in practice, a
new rule incorporating the requisite changes is put in place, without much delay.
This flexibility is what widens administrative law and makes it significant in our
lives. Administrative laws not only puts law into effect but does much more than
that.
