Module-1 Evolution, Nature and Scope of Administrative LAW

Module-1
EVOLUTION, NATURE AND SCOPE OF ADMINISTRATIVE

LAW
ADMINISTRATIVE LAW - MEANING:
Administrative law is the body of law that governs the activities of administrative agencies of the
government which comprise of rule making or legislation(when delegated to them by the
Legislature as and when the need be),adjudication(to pronounce decisions while giving
judgements on certain matters),implementation/enforcement of public policy.
SCOPE:
Administrative law determines the organization, powers and duties of administrative authorities.
The emphasis of Administrative Law is on procedures for formal adjudication based on the
principles of Natural Justice and for rule making.
The concept of Administrative Law is founded on the following principles:

a) Power is conferred on the administration by law
b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
c) There should be reasonable restrictions on exercise of such powers depending on the situation.
Though administrative law is as old as administration itself since they cannot exist separately,in
India the early signs/existence of administrative law could be found in the treatises written
during the reign of the Mauryas,Guptas,Mughals as well as East India Company(modern
administrative law).
It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on
impartiality,unjustness and the prescribed laws and legal methods instead of arbitrariness and
abuse of official power on the part of govt. while serving the people and deciding cases brought
before its Tribunals,etc. Natural justice is basically applied in cases where there are no laws
prescribed,here the individual has to be given an opportunity to be heard and the judgement is to
be taken into consideration the particular facts and cases of the case and the judgement should be
free from bias). It is to prevent violation of people's rights by officials in power.
Administrative law specifies the rights and liabilities of private individuals in their dealings with
public officials and also specifies the procedures by which those rights and liabilities can be
enforced by those private individuals. It provides accountability and responsibility in the
administrative functioning. Also there are specified laws and rules and regulations that guide and
direct the internal administration relations like hierarchy,division of labour,etc.
SIGNIFICANCE:
It is very significant because if it did not exist then the very concept of having a democracy and a
government to work for the people would be self defeating because then there would be no
responsibility or accountability of the public officials to anybody and the administration would
run arbitrarily thus creating a huge monster that would eat up the very system. There would be an
upset in the balance in areas such as police law, international trade, manufacturing,
environmental, taxation, broadcasting, immigration, and transportation,etc.
REASONS FOR GROWTH:

1) Rise in complexity warranted handling of variable by the state authorities in order to provide
functioning in that area with necessary certainty and prescriptions.
2) Industrial revolution that resulted in the coming up of cities and new types of economic
transactions necessitated handling of affairs by govt in order to facilitate production,supply and
exchange of products and services.
3) Technological inventions and the increasing specialization has called for the increased need of
specialised handling of affairs by govt officials.
4) To allow necessary flexibility in the administrative system so that the challenges arising due
to social and economic factors could be addressed more adequately and efficiently.
5) To allow experimentation in order to ensure the application of best fit model in a given
circumstance
6) To allow participation of people in the administrative functioning to provide the necessary
authority to the administrative officials so that they can address the challenges arising due to
extraordinary circumstances or emergency situations.

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EVOLUTION, NATURE AND SCOPE OF ADMINISTRATIVE

The concept of Administrative Law is founded on the following principles:

REASONS FOR GROWTH:

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