MEANING OF ADMINISTRATIVE LAW

Administrative Law is a branch of law that deals with the powers, functions, and
responsibilities of various organs of the State. It governs the relationship between individuals
and the executive branch of the government when the latter acts in its administrative capacity.
Administrative law aims to control the power of the government and its agencies while
protecting individual rights and private interests.
Administrative law is the study of law that governs the activities of the administrative
agencies of the government which comprises:
 Legislative: Legislature rule making
 Executive: Implementation of law
 Judiciary: Adjudication or giving judgments
Administrative Law is the branch of public law. It deals with the relationship of individuals
with the government.
It determines the organisation and power structure of the administration or the quasi-judicial
authorities.
Definitions of Administrative Law
According to the Indian Institute of Law:
 Administrative law deals with the part and the functions of the administrative
authorities.
 The procedure to be followed by these authorities in the exercise of such powers.
 The remedies available to the aggrieved person when authorities abuse of the powers
According to Ivor Jennings:
“Administrative law is the law relating to the administration. It determines the organisation,
powers and duties of the administrative authorities.”
According to Wade
“Administrative law is the law relating to the control of the governmental powers.”
According to him the primary object of the administrative law is to limit the powers of
Government and to prevent citizens against their abuse.
According to KC Davis
“Administrative law is the law concerning the powers and procedure of the administrative
agencies, including especially the law governing the judicial review of the administrative
actions.”
What administrative law deals with?
Administrative law deals with the following problems:
  Who are the administrative authorities?
 What is the nature of the powers and nature exercised by the administrative
authorities?
 What are the limitations if any imposed on these powers?
 How the administration is kept restricted to its limits?
 What is the procedure followed by the administrative authorities?
 What remedies are available to person that are adversely affected by the
administration?

Historical Evolution – Droit Administratif

Droit Administratif, the French Administrative Legal System, has had a profound influence
on the development of administrative law worldwide. Introduced by Napoleon Bonaparte, it
established a unique framework for regulating administrative matters. At the heart of this
system is the Council of State, a specialized administrative court that plays a crucial role in
interpreting and applying administrative law.
The French model introduced important principles such as the separation of powers, the
principle of legality, and the notion of administrative discretion. It also limited the
jurisdiction of civil courts in administrative matters, emphasizing the need for specialized
expertise in resolving administrative disputes.
The French Administrative Legal System has served as a foundation for administrative law in
many countries, shaping the relationship between public servants and citizens, as well as the
interaction among various administrative authorities. Its influence continues to be felt in
modern administrative law systems worldwide, reflecting the enduring significance of the
French model in the evolution and advancement of administrative law.
Nature of Administrative Law
Branch of Public Law: Administrative law is a branch of public law that focuses on the legal
principles and rules governing the activities of administrative agencies. These agencies are
established by the government to administer and implement laws and policies in various areas
such as taxation, healthcare, transportation, environment, and more.
Regulates Administrative Agencies: Administrative law defines the organization, powers,
functions, and procedures of administrative agencies. It sets out the legal framework within
which these agencies operate, ensuring that they act within their delegated authority and in
accordance with the law.
Balancing Power: Administrative law seeks to strike a balance between the need for
administrative efficiency and the protection of individual rights and freedoms. It aims to
prevent abuse of power by administrative agencies while allowing them the necessary
authority to carry out their functions effectively.
Rule-Making and Rule Application: One of the central aspects of administrative law is the
process of rule-making by administrative agencies. These agencies have the authority to
create rules and regulations to implement statutes and policies. Administrative law also
governs the application of these rules, ensuring fair and consistent decision-making.
Dispute Resolution: Administrative law provides mechanisms for resolving disputes between
individuals and administrative agencies. It typically involves administrative tribunals or
specialized courts that have jurisdiction to hear and decide on administrative matters. These
bodies offer an alternative to traditional courts and provide expertise in the subject matter of
the disputes.
Scope of Administrative Law
Judicial Review: One of the key features of administrative law is judicial review. It allows
courts to review the legality and validity of administrative actions, decisions, and regulations.
Courts assess whether administrative agencies have acted within their authority, followed fair
procedures, and made decisions that are reasonable and consistent with the law.
Administrative Procedures: Administrative law sets out the procedures that administrative
agencies must follow when making decisions or taking actions that affect individuals. These
procedures often include notice requirements, opportunities for hearings, and the right to
present evidence and arguments.
Substantive Standards: Administrative law establishes substantive standards that guide
administrative decision-making. These standards require agencies to consider relevant
factors, weigh competing interests, and make decisions that are rational, fair, and consistent
with the underlying purpose of the legislation.
Accountability and Transparency: Administrative law aims to promote accountability and
transparency in the functioning of administrative agencies. It requires agencies to provide
reasons for their decisions, disclose relevant information, and allow affected individuals to
participate in the decision-making process.
Remedies: Administrative law provides remedies for individuals aggrieved by administrative
actions. These remedies may include appeals, judicial review, and the power of courts to set
aside or modify administrative decisions that are found to be unlawful or unreasonable.

Importance of Administrative Law

Protection against Arbitrary Exercise of Power: Administrative law plays a crucial role in
safeguarding individuals from the arbitrary exercise of power by administrative agencies. It
establishes legal limits and procedures that agencies must adhere to when making decisions
or taking actions that affect individuals. This protection is vital in ensuring that individuals
are treated fairly and that their rights are not violated by those in positions of authority.

Checks and Balances: Administrative law provides a system of checks and balances by
subjecting administrative agencies to judicial review. Courts have the power to review the
legality, procedural fairness, and reasonableness of administrative actions and decisions. This
review helps prevent the abuse of power, ensures accountability, and promotes the rule of
law.
Access to Justice: Administrative law ensures that individuals have access to justice when
they are aggrieved by administrative actions. It provides mechanisms such as administrative
tribunals and specialized courts that offer an accessible and efficient forum for resolving
disputes. These avenues for redress enable individuals to challenge decisions, seek remedies,
and have their grievances heard in a timely and cost-effective manner.

Protection of Individual Rights: Administrative law protects the rights and interests of
individuals when dealing with administrative agencies. It ensures that agencies act within
their delegated powers, follow fair procedures, and respect fundamental rights such as due
process, equality, and non-discrimination. Administrative law also provides remedies for
individuals whose rights have been violated, allowing them to seek redress and hold agencies
accountable.

Good Governance and Public Interest: Administrative law promotes good governance by
setting standards for administrative decision-making. It requires agencies to consider relevant
factors, weigh competing interests, and make decisions that are rational, fair, and in the
public interest. By ensuring transparency, accountability, and the rule of law, administrative
law helps maintain public confidence in the government and its administrative organs.

Legal Certainty and Predictability: Administrative law provides a framework of rules and
procedures that govern the actions of administrative agencies. This framework promotes legal
certainty and predictability, both for the agencies themselves and for the individuals and
organizations affected by their decisions. Clear rules and procedures enable individuals to
understand their rights and obligations, make informed choices, and plan their actions
accordingly.

Regulation of Government Power: Administrative law serves as a means of regulating the

exercise of government power. It ensures that administrative agencies act within their
delegated authority and do not exceed the bounds of their jurisdiction. By providing legal
remedies for individuals affected by administrative actions, administrative law helps prevent
abuses of power and encourages responsible and accountable governance.

Sources of Administrative Law

Administrative law principles and rules are to be found in many sources. Following are the
main sources of administrative law in India.
1. Constitution of India: It is the primary source of administrative law. Article 73 of
the Constitution provides that the executive power of the Union shall extend to
matters with respect to which the Parliament has power to make laws. Similar powers
are provided to States under Article 62. Indian Constitution has not recognized the
doctrine of separation of powers in its absolute rigidity. The Constitution also
 envisages tribunals, public sector and government liability which are important
aspects of administrative law.

2. Acts/Statutes: Acts passed by the Central and State Governments for the
maintenance of peace and order, tax collection, economic and social growth empower
the administrative organs to carry on various tasks necessary for it. These Acts list the
responsibilities of the administration, limit their power in certain respects and provide
for grievance redressal mechanism for the people affected by the administrative
action.

3. Ordinances, Administrative directions, notifications and Circulars: Ordinances

are issued when there are unforeseen developments and the legislature is not in
session and therefore cannot make laws. The ordinances allow the administration to
take necessary steps to deal with such developments. The executive issues
administrative directions, notifications and circulars in the exercise of power granted
under various Acts.

4. Judicial decisions: Judiciary is the final arbiter in case of any dispute between
various wings of government or between the citizen and the administration. In India,
we have the supremacy of Constitution and the Supreme Court is vested with the
authority to interpret it. The courts through their various decisions on the exercise of
power by the administration, the liability of the government in case of breach of
contract or tortuous acts of Governments servants lay down administrative laws which
guide their future conduct.
Reasons for the growth of Administrative Law
In India, since the Mauryan and Gupta age, there has been the administration of the
legislation, rule adjudication and the related provisions. There were many reasons which
accounts for the ridden growth of the administrative law. The following are the reasons for
the growth of administrative law:
Concept of Welfare State : We can see the evolution of welfare state concept. The concept
was developed during the 10th and 20th century. According to this concept, the State
administration is to achieve maximum welfare of the masses.
Inadequate Judicial System : Judiciary was slow, costly, unexpected, complex and formalistic
in nature. Overburdening of judicial system due to which speedy disposal was not possible,
and also resulted in strikes and lockouts in disputes between employers and employees.
To solve above problems, need for tackling arose and as a result, industrial tribunals and
labour tribunals and labour courts were established. These tribunals are not courts but
executive authorities having judicial powers.
Inadequate Legislative: The legislature has no time to legislate upon the day-to-day ever-
changing needs of the society. Detailed procedure made by the legislature were found to be
defective and inadequate. All these resulted in the delegation of some of the legislative
powers to the administrative authorities.
Scope of Experimentation: As the administrative law is not codified law, so there is enough
scope of modification. As per the modification it as per the requirement of the state’s
machinery. Hence, it is more flexible and the rights legislating the procedure need not be
followed again and again.
Increasing demand from people: There was an increase in the demand for the from the people
because merely defining the rights of the citizens was not sufficient but state needs to solve
problems as well.
To take preventive measures: Administrative authorities can take preventive measures like
licensing, rate fixing etc. They can also take effective measures for the enforcement of
preventive measures like enforcement of suspension, revocation or cancellation of license,
destruction of contaminated articles.
Increasing population:Increase in the population creates a burden upon the legislative
processes to implement various laws for various needs of the growing population.