Administrative law is a by product of the intensive form of functional government. The reasons for the expansion of Administrative law may be various and may operate in a variety of combinations.
Change in the concept of government:
The Rapid growth in administrative law during the 20th century-old much to the change in the concept of the role and function of Modern Government. The doctrine of Laissez-faire has given place to the doctrine of the welfare state and led to the acceleration of Administrative powers and functions. development of Administrative process and administrative law has become the cornerstone of modern political
philosophy.
Demand of people:
There was a demand by the people that the government must solve their problems rather than merely define their rights. It is felt that the right to equality under the Indian constitution will be a productive right unless the government comes forward to actively help the weaker section of the society to bring about equality in reality. This implies the expansion of Administrative processes and administrative law.
Regulatory Measure:
The regulations of the patterns of ownership production and distribution is considered the responsibility of any good government to ensure the maximum good of the maximum number. This again has led to the growth of the Administrative process and Administrative law.
Evolution of socialist pattern of society:
A welfare state is necessary to undertake legislation on every Widening front, the ultimate aim of a socialist pattern of society operating within the domain of the rule of law is to be evolved by democratic process. The enormous legislative output of Parliament and state legislature called for a trained professional to implement them. it is therefore that there is a need for the growth of Administration and law regulating administration.
Inadequacy of the judicial system:
The judicial system is inadequate to give quality and quantity of performance which is required in the 20th century for the functioning of welfare and the functional government is the biggest single factor that led to the growth of Administrative law and administrative adjudication. in-law, there is a shift from punitive to preventive justice, and litigation is no more considered a battle to be won but a disease to be cured. The traditional judicial system is slow, technical, costly, expert, and complex. it is not possible to expect speedy disposal or even important matters, for example, Lockout strikes, etc these matters are dynamic and for fair disposition, the administrative adjudicatory process seems the only answer.
Industrial tribunals and Labour courts Came established, which possess the techniques and expertise
To handle the aforesaid complex problems.
Inadequacy of the Legislative process:
Administrative action has been called upon to fill in the substance of legislation where the legislature can’t lay down detailed rules in advance Many detailed provisions are found to be defective and inadequate, for example, read fixing, licensing, etc. under such circumstances administrative authorities are delegated with certain powers. leading to the inevitable growth of the Administrative legislative process.
Scope for experimentation in the administrative process:
Legislation is rigid while the administrative process is flexible and has scope for experimentation. unlike legislation not necessary to continue a rule until the commencement of the next session of the Legislature.
Here the rule can be made, tried for some time, and if found defective can be altered and modified
Within a short period.
Non-technical character of Administrative process
Administrative process represents a functional rather than a theoretical and Logistic approach. A traditional Judiciary is conservative rigid and technical. Courts cannot decide cases without formalities and technicalities. Administrative tribunals are not bound to follow the rules of evidence and procedure. They can take a practical view of the matter and decide on practical Complex problems.
Adoption of preventive measures:
Administrative Agencies can take preventivemeasures like licensing rate-fixing etc. 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 any provision of aw andSociety has suffered the loss.
Policing of preventive measures :
Administrative Agencies can take effective steps for enforcement of preventive measures, for example, suspension, revocation, cancellation of license, destruction of contaminated articles, etc, which are not generally available through ordinary courts of law.
Principles of good governance:
In the case of Omar Lal Bajaj versus Union of India Supreme Court restated well-established propositions of Administrative law and laid down the principles of good governance. The government has to rise above the Nexus of vested interest and nepotism and avoid window dressing. Therefore, the principle of governance must be tested on the Touchstone of justice, equity, and fair play.
Conclusion: There are numerous factors responsible for the growth of Administration and administrative law which are all-pervading features of government today. Modern functional government is the main force behind the growth of administrative law and process.
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