File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Reasons For the Growth of Administrative Law

The most notable and important development of the modern state is the rapid growth of Administrative law. The growth which took place in the 20th century can be considered as a radical change. The role and the functions of the state have undergone an extreme alteration. There is a multiplication of government functions. The state which is functioning today act as a progressive democratic state it as to make sure whether the essential needs of the citizens are full filled by the state. It as to ensure Social peace and security, control the over production, manufactures and distributes essential commodities, ensures equal pay for equal work it should work on the improvement of slums, health and education of the citizens the modern state takes care of its citizen till their existence inside the state. Such kind of development have increased the reach and scope of Administrative law. It is the law which governs the duties, powers and also the manner in which those powers are executed. Administrative law limits the authorities from using their powers in an abusive manner. Determining the Reasons for the Growth of Administrative law which helps in Analyzing whether such growth has witnessed an efficient functioning of the Administrative authorities. Administrative law developed principles which assist to ensure that the Administrative or public authorities works in a legal, reasonable and efficient manner. This article is mainly concentrated on knowing the reasons for the growth of Administrative law with a brief introduction to the subject as well as the chronicle of administrative law and it’s functioning, through which a better understanding of Administrative can be gained and also the need for administrative law can be known.

In India there present several Administrative bodies appointed by the Central or the State government to ensure a proper and systematic functioning of Government Agencies and Public Enterprises established either by the state or the central governments. Administrative agencies can be shortly classified into three the Legislative, the Executive and the Judiciary All the administrative activities can be covered under these three main heads. It becomes necessary to keep an eye on these Administrative Agencies. to regulate the activities of the Administrative Authorities the concept of Administrative law was introduced. Administrative law deals with the powers of the Administrative authorities, the manner in which the powers are exercised and the remedies which are available to the aggrieved persons when those powers are abused by these authorities. Administrative law is a part of constitutional law and all concerns of administrative law are also concerns of constitutional law. The main object of the study of administration 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.1

Chronicle of Administrative Law:
Administrative law is not a codified, document or well-defined law. It is essentially unwritten, uncodified or a “judge-made” law. The evidence of administrative law can be evidenced even in the ancient times. The concept of dharma ruled and observed by the kings and administrators. The basic principles of natural justice and fair play were followed by the kings and officers as the administration could be run only on those principles accepted by dharma, but still there was no administrative law in existence in the sense in which it is studied today. After the establishment of the East India Company and the rule of British rule in India, the powers of the government had increased. Many Acts, statutes and legislations were passed by the British government regulating public safety, health, morality, transport and labour relations2. The practice of granting administrative license began with the state with the Stage Carriage Act 1861.

The first public corporation was established under the Bombay Port Act, 1873. Delegated legislation was accepted by the Northern India canal and Drainage Act,1873and the Opium Act, 1878. Proper and effective steps were taken to regulate the trade and traffic in 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. Since independence, the activities and the functions of the government have further increased. Under the Industrial Disputes Act, 1947, the Minimum wages Act, 1948, the factories Act, 1948 and the Employees State Insurance Act, 1948, important social security measures have been taken those employed in industries. The philosophy of a welfare state has been specifically embodied in the Indian constitution. In constitution itself provisions are there to secure social, economic and political justice, equality of status and opportunity to all citizens. The ownership and control of material resources of the society should be so disturbed as to best serve the common good. The operation of the economic system should not result in the concentration of wealth and means of production with few. For the implementation of all objects, the state is vested with the power to impose reasonable restrictions even on the fundamental rights guaranteed by the constitution. While interpreting all these Acts and the provisions of the constitution, the judiciary started taking into consideration the objects and ideals of social welfare3.

In Joseph Kuruvilla Vellukunnel vs RB I4, the Supreme Court held that under the banking companies Act, 1949, the Reserve Bank was the sole judge to decide whether the affairs of a banking company were being conducted in a manner prejudicial to the depositors interest and the court had no option but to pass an order of winding as prayed for by the reserve bank. In Javid Rasool Bhat vs state of J&K, the Supreme Court observed that a member of the Selected Committee can even ask irrelevant questions to explore the candidates capacity to detect irrelevancies5.

Definitions of Administrative Law:
# Ivor Jennings has defines “ Administrative law is the law relating to the administration. It determines the Organaisation, powers and duties of the administrative authorities”. This is the most widely accepted definition6.

# According to wade , administrative law is the law relating to the control of Governmental power. according to him, the primary object of administrative law is to keep powers of the government with in their legal bounce so as to protect the citizens against their abuse. The powerful engines of authority must be preventive from running amok7.

# According to K.C.Davis administrative law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action8.

# According to garner also adopts the American approach advocated by K.C.Davis. According to him administrative law may be describe as those rules which are recognized by the courts as law and which relate to regulate the administration of government9.

# According to Griffith and Street, the main object of administrative law is the operation and control of administrative authorities.It must deal with three aspects.
1.What sought power does the administration exercise?
2.What are the limits of those powers?
3.What are the ways in which the administration is contained within those limits?

Functions of Administrative Law:
The primary function of administrative law is to keep governmental powers within the limits of law and to protect private rights and individual interests. As already noted, the scope of activities of the government have expanded. Today the state is “ the protector, provider, entrepreneur, regulator and arbiter”. Rulemaking power and an authority and an authority to decide are described as effective and powerful weapons of administration. All powers have two inherent characters 1) they are not absolute or unfettered, and 2) they are likely to be abused. Administrative law attempts to control the powers of the government, and its agencies. To achieve the object Administrative law provides an effective mechanism and adequate protection. It helps to bring a balance between two conflicting forces individual rights and public interest.

Reasons for the Growth of Administrative Law:
The following factors are responsible for the growth of administrative law:
# There is a radical change in the philosophy of the role played by the state. The negative policy of maintaining law and order and social welfare is changing. The state has not confined its scope to the traditional and minimum functions of defense and administration of justice, but has adopted the positive policy and as a welfare state has undertaken to perform varied functions11.

# The judicial system was proved to be an inadequate to decide and 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. The important problems could not be solved by mere literally interpreting the provisions of some statutes, but required consideration of various other factors and it could not be done by the ordinary courts of law. Therefore, industrial tribunals and labour courts. Were established, which possessed the techniques and expertise to handle these complex problems.

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

# There is scope for experiments 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 , tired for some time and if it is defective, can be altered or modified within a short period. Thus, legislation is rigid in character , while the administrative process is flexible.

# The administrative authorities can avoid technicalities. Administrative law represents functional rather than a theoretical and legislative approach. The traditional judiciary is conservative, rigid and technical. It is impossible 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.

# 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. As freeman says, ‘ Inspection and grading of meat answers the consumer’s need more adequately than does a right to sue the seller after the consumer injured”12.

# 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 law13

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.

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.

End Notes
1.C.K .Takwani –Administrative law
2.V.G. Ramachandaran, Administartive law (1984) 56-57
3.Administrative law in India (1961) 257.
4.AIR 1962 SC 1371 :1962
5.(1984) 2 SCC 631, 637: AIR 1984 SC 873, 877
6.Principles of Administrative law (1967) 3.
7.Wade & Forsyth, Administration law (2009) 4-5
8.Administrative law text (1959) I.
9.Administrative law (1985) 4.
10.Administrative law C.K. Takwani
11.Administrative law C.K .Takwani
12.Case Materials on Administrative law in India, Vol I (1966) 3-4
13.Harlow & rawlings law and administration (1997) chap 2

# Case Materials on Administrative law in India, Vol I (1966) 3-4
# Harlow & rawlings law and administration (1997) chap 2
# C.K .Takwani –Administrative law
# V.G. Ramachandaran, Administartive law (1984) 56-57
# Administrative law in India (1961) 257.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...


Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Copyright: An important element of Intel...


The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

The Factories Act,1948


There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Law of Writs In Indian Constitution


Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly