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Day-2 Definition, Sources, Development

Administrative law is defined as the law relating to administration, determining the organization, powers, and duties of administrative authorities. It encompasses the structure, powers, and functions of administrative agencies, as well as the legal remedies available for individuals whose rights are infringed. The development of administrative law has evolved differently in England, the USA, and India, with significant legislative milestones marking its growth.

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Kanishka Gupta
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10 views9 pages

Day-2 Definition, Sources, Development

Administrative law is defined as the law relating to administration, determining the organization, powers, and duties of administrative authorities. It encompasses the structure, powers, and functions of administrative agencies, as well as the legal remedies available for individuals whose rights are infringed. The development of administrative law has evolved differently in England, the USA, and India, with significant legislative milestones marking its growth.

Uploaded by

Kanishka Gupta
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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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SUBJECT NAME : ADMINISTRATIVE LAW

SUBJECT CODE:208 BY: Ms. RITIKA


JUNEJA
ASSISTANT
PROFESSOR,
VSLLS,VIPS
Definitions of Administrative Law
• Sir Ivor Jennings, a prominent British lawyer and academic who
wrote popular books like “the law and the Constitution”, defines
administrative law as “the law relating to administration. “He
believes it determines the organization, powers and duties of
administrative authorities.”
• Dicey’s formulation ‘Firstly, it (administrative law) relates to
that portion of a nation’s legal systems which determines the
legal status and liabilities of all state officials. Secondly, defines
the rights and liabilities of private individuals in their dealings with
public officials. Thirdly, specifies the procedures by which those
rights and liabilities are enforced.’
• K.C.Davis - law concerning powers & procedures of administrative agencies
including the law governing judicial review of administrative action.
• Administrative law deals with-
1) structure, powers & functions of organs of administration
2) limits of their powers
3) methods & procedures followed by them in exercising their powers and
functions;
4) methods by which their powers are controlled including legal remedies
available to person whose rights are infringed by their operation (Jain &
Jain)
NATURE & SCOPE
• Branch of Public Law
• Deals with organisation & powers of administrative & quasi-
administrative agencies.
• Primarily concerned with official actions & procedure by which they are
reached.
• Also includes control mechanism by which administrative agencies are
kept within bounds.
• Not a codified law.
• Judge -made law
• Not law in lawyers sense.
SOURCES OF ADMINISTRATIVE LAW
• Constitution eg- Art. 323A authorises Parliament to create
administrative tribunals, Art 323B other tribunals.
• Precedent
• Statutes & Delegated Legislation
• Ordinance promulgated by the President or the Governor
Development of Administrative Law
• England
• USA
• India- Pre-Independence and Post- Independence.
ENGLAND
• Not accepted as a separate branch of law until 20th C.
• Dicey-1885- observed- No administrative law in England.
• He ignored existence of administrative discretion.
• His contemporary Maitland was quiet conscious about true position of
existence of Adm. law.
• Dicey accepted existence of law in England after 2 decisions of House of Lords-
Board of Education v Rice & Local Govt. Board v Arlidge.
• His article.
• In 1929- Committee on Ministers Powers headed by Lord Donoughmore- 1933
submitted its report- suggested for better publication and control of
subordinate legislation- thus, Statutory Instruments Act, 1946 was passed.
• 1947- Crown Proceeding Act passes making govt liable to pay
damages.
• Abonnement of famous doctrine- “The king can do no wrong”.
• Tribunals and Inquiries Act, 1958- better control and supervision ppf
adm. Authorities and tribunals.
• Breen v Amalgamated Engg. Union- “We have a developed system of
adm. Law.”
USA
• Recognised in 18C.
• Grew rapidly with passing of Interstate Commerce Act, 1877.
• 1893 & 1905- Frank Goodnow published books on Adm. Law.
• Bench and Bar also took interest in study of adm. Law.
• Powers of adm. Bodies continued to grow day by day & eventually
they became “fourth branch of govt.”
• 1933- Special Committee.
• Administrative Procedure Act, 1946

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