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The document discusses the evolution of administrative law in England, the USA, and India, highlighting the state's changing role from prioritizing social welfare to a more proactive approach. In England, administrative law gained recognition in the 20th century, with significant legislation such as the 1947 Crown Proceeding Act and the 1958 Tribunals and Inquiries Act. In the USA, it developed into a fourth branch of government, culminating in the Administrative Procedure Act of 1946, while India saw a shift towards a welfare state post-independence, emphasizing the Rule of Law and judicial review of state actions.

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Khushi Periwal
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8 views2 pages

Module-1

The document discusses the evolution of administrative law in England, the USA, and India, highlighting the state's changing role from prioritizing social welfare to a more proactive approach. In England, administrative law gained recognition in the 20th century, with significant legislation such as the 1947 Crown Proceeding Act and the 1958 Tribunals and Inquiries Act. In the USA, it developed into a fourth branch of government, culminating in the Administrative Procedure Act of 1946, while India saw a shift towards a welfare state post-independence, emphasizing the Rule of Law and judicial review of state actions.

Uploaded by

Khushi Periwal
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Evolution of Administrative Law

The state's evolving role has had a significant impact on the development of administrative
law. Previously, the state prioritized social welfare and upholding law and order. However, it
has changed to a more proactive approach and extended its functions like healthcare,
education, and other. However, let’s have a look at the evolution of administrative law in
England, U.S.A., and India.

ENGLAND

British jurist Albert Venn Dicey disapproved of administrative law as a whole in 1885. As a
result, legal scholars disregarded many statutory discretionary powers granted to the
executives and administrative authorities as well as the control exercised over them in order
to create a distinct branch of law. Administrative law was not acknowledged as a distinct
field of law until the 20th century.

In 1929, the Lord Donoughmore Committee made recommendations for improved


subordinate legislation supervision and publication. The 1947 Crown Proceeding Act, which
permitted the filing of civil lawsuits against the Crown in the same manner as against any
private person, eliminated the notion that a king could do no wrong and broadened the
application of administrative law.

The Tribunals and Inquiries Act was enacted in 1958 to provide improved oversight and
management of administrative decisions. The United Kingdom's Administrative law was
originally recognized in the case of Breen v. Amalgamated Engineering Union [1971] 2 QB
175.

UNITED STATES OF AMERICA

Administrative law was neglected in the United States of America until it developed into the
fourth branch of the government. Several legal scholars had already written several volumes
on administrative law by that point, including Frank Goodnow and Ernst Freund.

A special committee was established in the year 1933 to investigate the methods of exercising
judicial control over administrative institutions. Following that, the Administrative Procedure
Act was created in 1946, granting authority for judicial control to oversee administrative
proceedings.

INDIA

A centralized administrative system was in place in the ancient India under the Mauryans and
the Guptas. The arrival of the British brought certain changes to India's administrative
legislation. In British India, laws governing administrative actions were passed.

Following its independence, India decided to transform into a welfare country, which led to
an increase in governmental activities. The necessity of "Rule of Law" and "Judicial Review
of State actions" grew along with the governments and administrative authorities' roles and
authority.
Rules, orders, and regulations issued by administrative authorities were to be deemed ultra-
vires, illegal, unconstitutional, and void if it was determined that they exceeded the legislative
authority of the authorities.

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