INTRODUCTION

Administrative law is the law that relates to the control of the powers of the government.

It is the law that aims at protecting individuals rights as against the excesses of the State and to
ensure that the administration performs effectively and is accountable to the people.

Some jurists identify this as a subset of Constitutional law., although in the Indian context, given
that there is a written Constitution that deals with specific matters and broader legal questions,
administrative law can be considered separately with focus on the procedures and granular
details relating to the working of the Government.

A good defnition of administrative law is the following one by M.P Jain in his Treatise on
Administrative Law, 1996:

Administrative law deals with the structure, powers and functions of the organs of the
administration, the limits of their powers, the methods and procedures followed by them in
exercising thier powers and functions, the methods by which their powers are controled
including the legal remedies available to a person against them when his rights are infringed by
their operation.

Administrative law in India is founded upon principles set out in the Constitution as well as
judicial precedents. Courts apply several principles to disputes or issues arising out of the acts or
omissions of the administration, including but not limited to Constitutional rights, if the matters
involves the same. Some (very few) examples of the principles or doctrines that courts use to
guide their decisions are:

 Natural justice: This includes the right for each side to be heard, the right to receive a
reasonable notice of any inquiry and for matters to be determined by a person free of any
bias. In the case of Mohapatra & Co. v. State of Orissa [(1984) 4 SCC 103 (112)], the
Supreme Court held the selection of books for educational institutions by a committee
comprising the authors themselves, bad for the possibility of bias.
 Doctrine of Proportionality: If any action taken by an authority is contrary to law or
unreasonable or irrational, a court can interfere with such action by judicial review. In the
case of Hind Construction Co v. Workman ([AIR 1965 SC 917 (919-20)], where workers
remained absent from duty for a day and were dismissed, the Industrial Tribunal set aside
the action. The Supreme Court confirmed the action on the ground that the punishment
was not proportionate as it was open to treat the day off as leave without pay.
 Failure to exercise discretion: If under the law, an authority has the right to exercise its
discretion, but it fails to do so or does not apply its mind or wrongly delegates its
authority, such actions are open to challenge.
 Abuse or excess of discretion: If a discretionary power has been conferred on an
authority, it must exercise it in accordance with law. Any unreasonableness in this regard
 would be an abuse of the power. In the case of Hukam Chand v. Union of India [(1976) 2
SCC 128], it was held that where a Divisional Engineer was empowered to
disconnect phone on the occurrence of a 'public emergency', the disconnection of the
petitioner's phone on the ground that he used it for illegal forward trading contracts was
illegal as the ground on which the power was exercised was extraneous.

Introduction To Administrative Law

In the field of law, the most significant and outstanding development of the 20th century is the
rapid growth of administrative law. It does not, however, mean that there was no administrative
law before this century. Since many years it has been very much in existence. But in this century,
the philosophy as to the role and function of the state has undergone a radial change. There was
increase in governmental functions.

Today, the state is not merely a police state, exercising sovereign functions, (protecting the population
from external aggression and from internal strife and for this collecting taxes from the people) but as a
progressive democratic welfare state, it seeks to ensure social security and social welfare for the
common man, regulates the industrial relations exercises control over production manufacture and
distribution of essential commodities; starts many enterprises, tries to achieve equality for all and equal
pay for equal work. (Ref. Directive Principles of state policy enumerated in the constitution of India)
Today, the state is required to look after the health, and morals of people, provide education to children
and takes all the steps which social justice demands. All these developments have widened the scope
and ambit of administrative law.

NATURE

The main objective of the study of administrative law is to unravel the way in
which these administrative authorities could be kept within their limits so that the
discretionary powers may not be turned into arbitrary powers. Administrative
law controls the administrative authorities so that they may not become despotic.
Administrative law aims at maintaining a balance between administrative powers
and the individual liberty. However a distinction must be drawn between
administrative law and constitutional law. Administrative law is closely connected
with constitutional law. It has even been called as a branch of the Constitutional
Law. However at present administrative law has assumed the status of an
independent subject. Administrative law is mainly concerned with the executive
branch of the Government whereas the Constitutional Law gives equal
importance to the Legislative, Executive as well as the Judiciary.

SCOPE

HISTORY

IN USA:

In the United States of America, the existence of administrative law and its growth was ignored
until it grew up to become the fourth branch of the State. By then many legal scholars like Frank
Goodnow and Ernst Freund had already authored a few books on Administrative law.

It was in 1933 that a special committee was appointed to determine how judicial control over
administrative agencies could be exercised. Thereafter, in 1946 The Administrative Procedure
Act was passed which provided for judicial control over administrative actions.

IN ENGLAND:

In England, by and large, the existence of administrative law as a separate branch law was
accepted
until the advent of the 20th century. In 1929, the Committee on Minister’s Powers
by
LORD
DONOUGHMORE
was appointed by the British Government to examine the problems of delegated legislation
and the judicial and quasi- judicial powers exercised by the officers appointed by
the Ministers and to suggest effective steps and suitable safeguards to ensure the supremacy of
the rule of law. In 1932, the Donoughmore Committee submitted its report and made
certain recommendations regarding better publication and control of subordinate-
legislation which were accepted by parliament with the passage of the Statutory
Instruments Act, 1946. In the 20
th
century, social and economic policies of the government had significant impact on
private rights, housing, employment, planning, education, health and several other
matters. The principle, King can do no wrong, was abolished and the scope of
Administrative law expanded by virtue of the Crown Proceeding Act in 1947
which allowed initiating civil proceedings against the Crown as against any private
person.

In 1958, Tribunals and Inquiries Act was passed for better control and supervision
of Administrative Decisions.

IN INDIA: PRE IND

With the establishment of East India company (EIC) and event of the British Rule in India. The powers of
the government had increased. Many Acts, statutes and Legislation were passed by the British
government regulating public safety, health, morality transport and labour relations. Practice of granting
Administrative licence began with the State Carriage Act 1861. The first public corporation was
established under the Bombay Port Trust Act 1879. Delegated legilsation was accepted by the Northrn
India Canal and Drainage Act, 1873 and Opium Act 1878 proper and effective steps were taken to
regulate the trade and traffic in explosives by the Indian Explosives by the Indian Explosives Act 1884.
In many statutes, provisions were made regarding holding of permits and licenses and for the
settlement of disputes by the administrative authorities and tribunals.

In the present century, social and economic policies of the government had significant impact on private
rights of citizens, e.g. housing, employment, planning, education, health, service, pension, manufacture
of goods etc., Traditional legislative and judicial system could not effectively solve these problems. It
resulted in increase in delegated legislation as well as tribunalisation. Administrative law thus became a
living subject.

POST IND

Since independence, the activities and the functions of the government have further increased.
Under the Industrial Disputes Act 1947, the Minimum Wages Act 1948 important social security
measures have been taken for those employed in Industries.

The philosophy of a welfare state has been specifically embodied in the constitution of India
the
preamble to the constitution enunciates the great objectives and the
socio-
economic goals for the achievement of which the Indian constitution
has been
conceived and drafted in the mid-20
th
century an era when the concept of
social welfare state was predominant. It is thus pervaded with the
modern
outlook regarding the objectives and functions of the state. it
embodies a
distinct philosophy which regards the state as on organ to secure
good and
welfare of the people this concept of state is further strengthened by
the Directive Principles of state policy which set out the economic,
social and
political goals of Indian constitutional system. These directives confer
certain
non-justiceable rights on the people, and place the government under
an
obligation to achieve and maximize social welfare and basic social
values of
life education, employment, health etc. In consonance with the
modern
beliefs of man, the Indian constitution sets up machinery to achieve
the goal
of economic democracy along with political democracy, for the latter
would be
meaningless without former.
Therefore, the attainment of socio-economic justice being a conscious
goal of
state policy, there is a vast and inevitable increase in the frequency
with which
ordinary citizens come into relationship of direct encounter with state
power-
holder. The Administrative law is an important weapon for bringing
about
harmony between power and justice. The basic law of the land i.e. the
constitution governs the administrators.
Administrative law essentially deals with location of power and the
limitations
thereupon. Since both of these aspects are governed by the
constitution, we
shall survey the provisions of the constitution, which act as sources of
limitations upon the power of the state. This brief outline of the Indian
constitution will serve the purpose of providing a proper perspective
for the study of administrative law.

IMPORTANCE
There are several reasons and factors which are responsible for the growth of This new branch of law.
Some of the reasons and factors are responsible for the rapid growth of Administrative law in 20th
century.

1. Changed relations of Authorities and Citizens

It can be seen from the present set up of the Administration that relations of the public authorities
with the citizens have been deeply changed. Citizens were not directly involved in the
administration in the earlier days. They were some what isolated from the sphere of
Administration. There was a wide gap between the Administrative organs and the then citizens.
This is not the case today. Today in most of the states there is a democratic Administration of
either type. It is therefore, the association of the people is found to be integral. The citizens are
closely assolated with the state Administration. In view of these changing relations, the basic
structure of the legal set up needs to be rearranged. The Administrative law, has therefore,
developed.

2. Origin of Welfare State Concept

During the period of 19th and 20th Century the concept of state was developed. According to the
doctrine of welfare the basic objective of the State Administration is to achieve maximum
Welfare of the masses. Each and every policy of the state should aim at maximum welfare of the
people. It obviously added to the functions of state. The theory of increasing functions of the
state has been accepted by almost all. Increase in functions of the states created several problems
and complications. It was, therefore, thought necessary to solve the problems to enact separate
Branch of Law and hence the branch known as the Administrative Law has been developed.

3. Inadequacy of the Legislations

At present there are several drawbacks in the present Legislations. It would have been, therefore,
found very difficult to accommodate the new Administrative machinery in the existing
legislations. In order to meet the expanding needs of changed social, economic characterised
problems, the new branch of law, i.e. Administrative Law was necessary.

4. Inadequacy of Courts

As it is quite known to us that the present courts are overburdened with the huge work, it is
almost impossible for the present set of courts to solve the ever crowded problems of
Administration along with its own. It is therefore, proposed that there should be separate Branch
of Law for the problems of Administration and hence this new Branch has been developed.

5. Technical Experts are with Administrative Organs

At present all the technical experts are with the Administrative organs. In case it is attempted to
shift the legal job of Administration to the present judiciary and the present legislations, the same
will be handicapped due to lack of technical knowledge.

Thus in order to utilise and use the talent of the technical experts which are at present with the
Administrative organs it is really wise creating new and co-ordinating branch of law i.e.
Administraive law.
And Lastly, we can say that they act as an impartial arbitrator, and hence there is a need of
separate Administrative Law.

6. Union of both Administrative & Judicial Function

As per the Principle of separation of powers these organs of Administration have been proposed
and created. The Executive, the Legislative and Judiciary are these three organs which are
functioning separately. But in order to co-ordinate both Administrative Law for Administrative
Organs.

Final Glance

In simple words, the reason behind the growing importance of Administrative law is the
assumption by the Administrative authorities of very wide powers including legislative and
judicial which was the result of the social welfare state. Since Administrative law is primarily
concerned with the control over the exercise of their powers, i.e. to prevent Administrative
authorites from abuse and misuse of powers, it has become a subject of growing interest.

Purpose of Administrative law

I.P. Massey (I.P. Massey, Administrative Law, 5th ed.) identifies the basic bricks of
the foundation of administrative law as:

 To check abuse of administrative power

 To ensure to citizens an impartial determination of their disputes by

officials so as to protect them from the unauthorized encroachment of their
rights and interests.

 To make those who exercise public power accountable to the people.

To realize these basic purposes, it is necessary to have a system of administrative
law rooted in basic principles of rule of law and good administration. A
comprehensive, advanced and effective system of administrative law is
underpinned by the following three broad principles:

 Administrative justice, which at its core, is a philosophy that in

administrative decision making the rights and interests of individuals should
be properly safeguarded.

 Executive accountability, which has the aim of ensuring that those who
exercise the executive (and coercive) powers of the state can be called on
to explain and justify the way in which they have gone about that task.

 Good administration- Administrative decision and action should conform to

universally accepted standards, such as rationality, fairness, consistency,
and transparency.

REASONS FOR GROWTH

1. Change in role of State

There is a radical change in the philosophy of the role played by the State. The
negative policy of

maintaining “law and order” and of “laissez faire” has radically changed. The State
has

not confined its scope to the traditional and minimum functions of defence and
administration of justice, but has adopted the positive policy and as a welfare
state has undertaken to perform varied functions.
2. Failure of Judiciary

The judicial system was proved to be inadequate to decide ad settle all types of
disputes. It was slow, costly, inept, complex and formalistic. It was already
overburdened and it was not possible to expect speedy disposal of even very
important matters e.g., disputes between employers and employees, lockouts,
strikes, etc. therefore, industrial tribunals and labour courts were established
which possessed the techniques and expertise to handle these complex
problems.

3. Inadequate legislative action

The legislative process was also inadequate. It had no times and technique to deal
with all the details. It was impossible for the legislature to lay down detailed rules
and procedures, and even when detailed provisions were laid down by the
legislature, they were found to be defective and inadequate. Therefore, it was
necessary to delegate some powers to the administrative authorities.

4. Speedy Justice

Administrative authorities can avoid technicalities. Administrative law represents

functional rather than a theoretical and legalistic approach. The traditional
judiciary is conservative, rigid and technical. It is not possible for courts to decide
cases without formality and technicality. Administrative tribunals are not bound
by rules of evidence and procedure, and they can take a practical view of the
matter to decide complex problems.

5. Scope for experimentation

There scope of experimentation in administrative process. Here, unlike in
legislation, it is not necessary to continue a rule until commencement of the next
session of the legislature. Here a rule can be made, tried for some time and if it is
defective, can be altered or modified within a short period. Thus, legislation is
rigid in character, while, administrative process is flexible.

6. Preventive actions:
# Administrative authorities can take preventive measures. Unlike regular courts of law, they do not
have to wait for parties to come before them with disputes. In many cases, these preventive actions
may prove to be more effective and useful than punishing a person after he has committed a breach of
law.

# Administrative authorities can take effective steps for the enforcement of the aforesaid preventive
measures e.g. suspension, revocation and cancellation of license, destruction of contaminated articles
etc., which are not generally available through regular courts of law

CONCLUSION

The Role of administrative law is to limit the powers of the government agencies
and keep a check in on the administrative authorities. it is not always possible to
rely upon some general statutes for rising disputes between the individuals and
the public authorities thus there should be a proper law to govern such disputes,
Administrative law act as the proper law which governs the administrative
actions.

From Laissez –faire to a social welfare state the meaning and definition of
administrative law has developed tremendously. After turning into a social-
welfare state the function of state shifted from setting the parameters or for
deciding the administrative functions to following the principles of natural justice
and reasonableness. Administrative Law today is an all-pervading feature existing
in almost all parts of the society and its functions.
In a nutshell, Administrative Law is all about the organization of powers and
individual liberty, the procedures how individuals can exercise there powers and
the remedies for the individuals if there power is abused by administrative
authorities

Recommendations:
Administrative law is generally a unwritten and uncodified law. Administrative law is a “judge-made
law”. It is recommended to bring an codified form of administrative law which ensures an complete
growth of Administrative law and also makes the job of administrative tribunals in deciding cases. An
written form of administrative law gives an well-versed recognisation of administration among the
citizens of the country.