Administrative law is the most outstanding legal development arising from confrontation with the complex problems of socio-economic justice in the welfare state. As administrative law deals with administration, it is as old as any organised administration.
Under the impact of the philosophy of the welfare state, the role and function of the Government have undergone a radical change. seeks to ensure social security and social welfare for the common man, regulates private Enterprises, exercises control over production, achieves equality for all, and looks after the health and morals of people. all these developments have widened the scope and Ambit of Administrative law.
administrative law is a branch of public law that is concerned with the procedures, rules, and regulations of many governmental agencies. Government Agencies’ actions can include rule making, and adjudication, for the enforcement of a specific regulatory agenda.
Administrative law deals with:
- Powers and Duties of administrative authorities
- The procedure followed by them in exercising the powers and discharging the duties and
- The remedies available to an aggrieved person when his rights are affected by any administrative action.
The establishment, recognition, and enforcement of certain principles and rules intended to govern the functions and powers of governmental authorities was one of the developments of the law.
Robson “Administrative law should be regarded as the law relating to public administration, in the same way as commercial law consists of the law relating to commerce for land law the law relating to land.”
A. V. Dicey “Administrative law is the portion of a Nation’s legal system which
a) determines the legal status and liabilities of all state officials.
b) define the rights and liabilities of private individuals in their dealings with public officials.
c) specifies the procedure by which those rights and liabilities are enforced.
Wade: Administrative law is ” the law relating to the control of governmental power”.
The primary object of administrative law is to keep the various instrumentality of the government
Within the legal bounds.
Upendra Bakshi: Administrative law is important and laid the entire emphasis on the protection of the little man from administrative authorities. Administrative study of the pathology of power and basic Expectations of the society is to achieve the welfare state.
What is a welfare state?
Where accountability of the public official is fixed. the holder of public power must be able to publicly justify his action not only as legally valid but socially just and fair.
Nature and scope of Administrative law:
Pervasive legal discipline:
Principles of Administrative law emerge and develop whenever and wherever any person becomes the victim of arbitrary exercise of public power. and the allegations of arbitrary exercise of power can be raised in almost all areas of substantive law therefore it will not be incorrect to say that none can specialize in administrative law.
Law in the realistic sense:
Administrative law is law but not in a lawyer’s sense like property law contract law, but it is a law in the realistic sense of the term which includes statute law, administrative rulemaking precedents, customs, and administrative directions. also includes the study of curricular, memorandums, policy statements, and resolutions.
The administrative process consists of carrying on the business of the government, or regulating the affairs of individuals in the interest of communities.
Due to various reasons, the Administrative process has come to stay as an indispensable phenomenon in all progressive societies, particularly in a welfare state where many schemes for society are prepared and administered by the government. the functions of the modern state may broadly be
placed into five categories that are:
- state as protector
- state as a provider
- state as an entrepreneur
- economic Controller, and
Meaning of Administration:
Administrative law is concerned with administration. The administration is a varied dimension, not easy to define. it is not enough to say that an administrative body administers, for administration does not only put the law into effect. but it legislates and adjudicates. administrative
Agencies are variously designated as departments, directorates, boards commissions authorities’ tribunals, and government companies.
Expanding Horizons of Administrative jurisdiction:
The executive exercises very wide powers. Apart from pure administrative and executive functions coma by way of delegated legislation it exercises legislative functions and makes a plethora of rules regulations, bylaws notifications acceptor substantially affecting the rights of the public at large. administrative Agencies or to exercise the powers of education of disputes by establishing several Administrative tribunals. over and above quasi-legislative and quasi-judicial Powers coma administrative Agencies also possess the discretionary powers.
Measures of Administrative law:
Measures that are important in administrative law are as follows:
- To check abuse of administrative power
- To ensure citizens an impartial determination of their dispute by officials.
- To protect them from unauthorized encroachment on their rights and interests.
- To make those who exercise public power accountable to the people.
- To seé that holders of public power justify their actions as legally valid and socially wise and just.
- To ensure that public power is not exercised against Public Interest.
Administrative law is a branch of law that is being increasingly developed to control abuse and the use of governmental power and to keep the executive and its various instrumentalities and Agencies within the limits of their power.