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INTRODUCTION TO ADMINISTRATIVE LAW
QUESTION BANK
Q.1. Define Administrative Law. Explain fully the nature and scope of Administrative Law?
Q.2. Define Administrative Law. Discuss fully the reasons for growth of Administrative Law in India?
Q.3. Define Administrative Law. Discuss fully its sources in India.
Q.4. “Administrative Law has been characterised as an outstanding legal development of the 20th century”. Explain.
Q.5. Define “Administrative Law” and examine the view that Administrative Law is the product of Welfare State.
Q.6. How do you distinguish Administrative Law from Constitutional Law? Do you agree that administrative law is a separate subject of study?
Q.7. Explain the origin and development of Administrative Law.
Q.8. Write full dressed note on functions of the modern State.
Q.9. Define Administrative Law. State the need of Administrative Law and reasons for its growth.
Q.10. Discuss about the functions about the modern state in the current scenario.
SHORT NOTES
1) What are the functions of Modern Welfare State?
2) Define ‘State as regulator of Private interest”.
SYNOPSIS
ADMINISTRATIVE LAW: INTRODUCTION, NATURE, SCOPE, AND EVOLUTION
I. INTRODUCTION-
Who Are the Administrators?
II. DEFINITION, NATURE, AND SCOPE OF ADMINISTRATIVE LAW
1. Sir Ivor Jennings
2. H.W.R. Wade
3. J.A.G. Griffith and H. Street
Conclusion-
III. THE NEED AND REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW
1. Radical Shift to the Modern Welfare State
2. Inadequacy of the Traditional Judicial System
3. Inadequacy of the Legislative Process
4. Flexibility and Experimentation
5. Avoidance of Technicalities
6. Preference for Preventive Measures
7. Effective Enforcement Mechanisms
8. The State as a Regulator of Private Interests
9. The State as a Massive Service Provider
10. Disaster Relief and Emergency Management
IV. SOURCES OF ADMINISTRATIVE LAW ────────────────┘
1. The Constitution:
2. Judicial Decisions (Precedents):
3. Statutes / Acts of Parliament:
4. Delegated Legislation (Rules, Regulations, Circulars):
5. Reports of Committees and Commissions:
6. Administrative Practice:
V. THE RELATIONSHIP BETWEEN CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW
View 1: No Water-Tight Distinction (The Monist View)
View 2: Distinct yet Overlapping Disciplines (The Dualist View)
Frederic William Maitland:
O. Hood Phillips:
The Indian Context
VI. HISTORICAL DEVELOPMENT AND GROWTH OF ADMINISTRATIVE LAW
A. Evolution in England
1. The Donoughmore Committee (Committee on Ministers' Powers, 1929):
2. Statutory Instruments Act, 1946:
3. Crown Proceedings Act, 1947:
4. Tribunals and Inquiries Act, 1958/1959:
B. Evolution in the United States
C. Evolution in India
1. Ancient Era:
2. British Colonial Era:
• 3. Post-Independence Era: Land Reform Acts Public Law Writs
Importatn Judicial Decisions-
i. Validation of Executive Judgment:
ii. Public Purpose vs. Private Interest:
iii. Modern Judicial Counter-Balance:
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Notes
LAISSEZ-FAIRE
Economic Concept:
The Transition:
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ADMINISTRATIVE LAW: INTRODUCTION, NATURE, SCOPE, AND EVOLUTION
I. INTRODUCTION-
Today, the State is no longer merely a "Police State"—the traditional functions of which were limited to maintaining internal law and order and protecting citizens from external aggression. Instead, the modern State has evolved into a progressive, democratic socio-economic entity known as a Welfare State.
A Welfare State actively seeks to:
1. Ensure comprehensive social security and public welfare. 2. Regulate industrial and labor relations equitably. 3. Control the production, manufacture, and distribution of essential commodities. 4. Establish state-backed enterprises and generate employment opportunities. 5. Achieve socioeconomic equality and enforce the principle of "equal pay for equal work." 6. Protect vulnerable groups—such as women, children, and the economically marginalized—from institutional and private exploitation. 7. Provide accessible public education, healthcare, housing, and urban renewal for slum dwellers.
These expanding responsibilities have widened governmental and administrative functions manifold, fundamentally broadening the scope and ambit of Administrative Law. The entities tasked with executing these functions are broadly termed administrative authorities, the executive, or governmental officials.
Who Are the Administrators?
In India, the structural breakdown of administrative authorities spans multiple tiers:
Union Executive: The President of India acts as the constitutional head of the executive, operating on the aid and advice of the Prime Minister and the Union Council of Ministers (Article 74 of the Constitution of India).
State Executive: The Governor acts as the constitutional head at the state level, aided and advised by the Chief Minister and the State Council of Ministers.
Bureaucracy and Civil Services: Government officers, district collectors, law enforcement (the Police), and public departments handle daily field administration.
Local Self-Government: Statutory local authorities established under the 73rd and 74th Constitutional Amendment Acts, including Municipal Corporations, Municipal Boards, District Councils, Zilla Parishads, Panchayat Samitis, and Village Panchayats.
Statutory Corporations and Instrumentalities: Independent bodies and public sector undertakings (PSUs) created by statutes—such as the Oil and Natural Gas Corporation (ONGC), Damodar Valley Corporation (DVC), Life Insurance Corporation (LIC), and regulatory institutions like the University Grants Commission (UGC) and the Securities and Exchange Board of India (SEBI). Under Article 12 of the Constitution, these entities are recognized as "the State" for the enforcement of Fundamental Rights.
II. DEFINITION, NATURE, AND SCOPE OF ADMINISTRATIVE LAW
Because Administrative Law is dynamic, fluid, and functional, no single definition completely captures its full scope. Scholars have defined it based on organizational structure, functional limits, or system controls.
1. Sir Ivor Jennings
"Administrative Law is the law relating to the administration. It determines the organisation, power and duties of the administrative authorities."
Critique: This is the most widely cited classical definition, but it is incomplete because it does not address the legal remedies available to citizens when administrative powers are abused.
2. H.W.R. Wade
"Administrative Law is the law relating to the control of governmental powers."
Explanation: Wade focuses primarily on the control mechanism. According to him, the primary objective of administrative law is to keep government power within its legal bounds, thereby protecting citizens against executive arbitrariness and abuse.
3. J.A.G. Griffith and H. Street
According to Griffith and Street, the main object of Administrative Law is the operation and control of administrative authorities. They break the discipline down into five critical inquiries:
1. What power does the administration exercise?
2. What are the legal limits of these powers?
3. What are the ways in which the administration is kept within those limits?
4. What procedures must be followed by administrative authorities when exercising their powers?
5. What remedies are available to a person affected by arbitrary or unlawful administrative action?
Conclusion-
Administrative Law is the branch of public law that governs the structure, powers, duties, and functions of administrative organs of the State. It prescribes the procedures they must follow, establishes the legal boundaries of their authority, and provides robust judicial and administrative remedies to individuals whose rights are infringed by arbitrary executive action.
III. THE NEED AND REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW
The extraordinary growth of Administrative Law in the 20th and 21st centuries stems from several systemic realities:
1. Radical Shift to the Modern Welfare State
The 19th-century economic doctrine of laissez-faire (minimal state interference in private and business affairs) has been entirely abandoned. The modern State adopts proactive policies, intervening in private sectors to correct market failures, redistribute wealth, and guarantee social equity.
2. Inadequacy of the Traditional Judicial System
Litigation in ordinary civil courts is notoriously slow (dilatory), highly technical, and expensive. Traditional courts lack the specialized domain expertise required to swiftly resolve complex technical disputes. For instance, managing industrial disputes, labor strikes, environmental damage, or telecommunication tariffs requires specialized forums. This vacuum led to the rise of Administrative Tribunals (e.g., the National Green Tribunal, Central Administrative Tribunal, and Industrial Tribunals) which feature relaxed procedural rules and include domain experts alongside judicial members.
3. Inadequacy of the Legislative Process
Modern legislatures face severe constraints regarding time, resource allocation, and technical expertise. A legislative body consists of generalists who cannot draft highly technical rules for specialized industries (e.g., nuclear energy, digital privacy, space exploration, or complex financial markets). Consequently, Parliament passes framework laws (enabling acts) and delegates the power to draft detailed rules, regulations, and bylaws to executive experts. This process is known as Delegated Legislation.
4. Flexibility and Experimentation
The legislative process for enacting or repealing a statute is slow and rigid. In contrast, the administrative process allows for swift experimentation. If an administrative rule or economic tariff fails to yield the desired practical outcome, it can be amended, tuned, or revoked by executive notification almost immediately.
5. Avoidance of Technicalities
Traditional courts are strictly bound by the rigid procedures of the Civil Procedure Code (CPC) and the technical rules of the Evidence Act.
Citation: In State Financial Corporation v. Lotus Hotels Pvt. Ltd., (1983) 3 SCC 379 (and related tribunal jurisprudence), courts have repeatedly affirmed that administrative bodies and tribunals are not shackled by strict rules of evidence. Instead, they must observe the Principles of Natural Justice ($Rules\ of\ Fair\ Play$), allowing them to take a realistic, swift, and pragmatic approach to resolving complex socio-economic issues.
6. Preference for Preventive Measures
Unlike regular courts, which generally act post facto (after a right is violated or a crime is committed), administrative authorities focus heavily on prevention. Executive actions such as issuing licenses, mandatory safety inspections, rate-fixing, and regular environmental monitoring stop public harms before they manifest.
7. Effective Enforcement Mechanisms
Administrative authorities possess direct enforcement mechanisms to execute their preventative policies. They can immediately suspend, revoke, or cancel business licenses, seize contaminated food products, or shut down polluting industrial units. Standard courts usually require a full trial before ordering equivalent remedies.
8. The State as a Regulator of Private Interests
Under the Indian constitutional scheme, private interests are subservient to the broader public interest. Fundamental Rights are not absolute and are subject to "reasonable restrictions" under Article 19.
Furthermore, the Directive Principles of State Policy (Part IV) mandate the State to minimize wealth concentration and promote social justice. This led to historical land reforms, the abolition of the Zamindari system, and the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. This framework allows the State to acquire private property for infrastructure development like highways, dams, and public transport systems.
9. The State as a Massive Service Provider
Modern governments are the largest employers and service providers in developing economies. The state operates public transport, electricity grids, educational systems, and healthcare networks. Managing this vast service infrastructure requires an expansive network of administrative rules to prevent systemic mismanagement and protect consumer rights.
10. Disaster Relief and Emergency Management
During natural or man-made crises—such as floods, earthquakes, industrial disasters, or global pandemics (e.g., COVID-19)—the administrative machinery must act instantly under emergency laws like the Disaster Management Act, 2005. These situations require rapid executive actions that bypass standard legislative delays.
IV. SOURCES OF ADMINISTRATIVE LAW
Administrative Law is largely uncodified. It is derived from several interconnected sources:└─────────────────┘
1. The Constitution: The foundational source. In India, the Constitution provides the bedrock for judicial review of administrative action via Article 32 (Supreme Court) and Article 226 (High Courts) using extraordinary prerogative writs (Mandamus, Certiorari, Prohibition, Quo Warranto, and Habeas Corpus). It also provides for administrative tribunals under Articles 323A and 323B.
2. Judicial Decisions (Precedents): Because India lacks a single unified administrative code, its administrative law is predominantly judge-made law. Landmark judgments by the Supreme Court shape doctrines like Promissory Estoppel, Legitimate Expectation, Proportionality, and the Principles of Natural Justice.
3. Statutes / Acts of Parliament: Specific legislative enactments structure administrative power, such as the Right to Information Act, 2005, the Lokpal and Lokayuktas Act, 2013, and various tribunal-specific statutes.
4. Delegated Legislation (Rules, Regulations, Circulars): The extensive array of statutory rules, executive notifications, department manuals, and government resolutions issued by ministries form the daily, operational body of administrative law.
5. Reports of Committees and Commissions: Formative policy documents—such as the reports of the Law Commission of India, Parliamentary Committees on Subordinate Legislation, and Department-Related Standing Committees—help refine administrative frameworks.
6. Administrative Practice: Long-standing, consistent departmental customs and institutional practices form a binding interpretive source, provided they do not clash with express constitutional or statutory provisions.
V. THE RELATIONSHIP BETWEEN CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW
Legal scholars are divided into two distinct schools of thought regarding how these two disciplines intersect:
View 1: No Water-Tight Distinction (The Monist View)
Scholars like Sir Keith argue that it is logically impossible to draw a rigid line between Constitutional Law and Administrative Law; any attempt to separate them is artificial. Both belong to the domain of Public Law, both deal with governance structures, and both draw from identical constitutional sources. Historically, British textbooks treated administrative law simply as a sub-topic of constitutional law.
View 2: Distinct yet Overlapping Disciplines (The Dualist View)
Frederic William Maitland: Constitutional Law deals with the foundational structure and broad rules regulating state organs, while the operational details are left to Administrative Law.
O. Hood Phillips: "Constitutional Law is concerned with the organisation and functions of the government at rest (in theory), whilst Administrative Law is concerned with the government in motion (in practice)."
The Indian Context
In India, Constitutional Law is supreme, written, and codified, whereas Administrative Law is largely uncodified, organic, and judge-made.
The Constitution acts as the genus, and Administrative Law acts as the species. The Indian Constitution sets the macro-boundaries (e.g., Separation of Powers, Fundamental Rights), while Administrative Law manages the micro-mechanics—ensuring that when a civil servant, local municipality, or public sector unit exercises delegated authority, they do not overstep those constitutional boundaries. Administrative law technically violates strict separation of power rule (since administrative bodies make rules like a legislature and adjudicate like a court), but it relies on Checks and Balances to maintain systemic equilibrium.
VI. HISTORICAL DEVELOPMENT AND GROWTH OF ADMINISTRATIVE LAW
A. Evolution in England
Until the dawn of the 20th century, England did not formally recognize Administrative Law as an independent branch of jurisprudence. This resistance was heavily driven by Albert Venn Dicey and his highly influential exposition of the Rule of Law (1885).
Dicey claimed:
"In England, we know nothing of Administrative Law, and we wish to know nothing about it."
According to Dicey there are three core principles of the rule of law: (a) Absolute supremacy of regular law over arbitrary power, (b) Equality before the law, and (c) The constitution as a result of the ordinary law of the land
Dicey mistakenly conflated French Administrative Law (Droit Administratif) with arbitrary executive privilege. He argued that a distinct administrative law system violated the Rule of Law because it subjected officials to specialized courts rather than the ordinary law of the land. Later, conservative critics like Lord Hewart (1929) went so far as to label administrative expansions as "The New Despotism" and "continental jargon."
However, scholars like Griffith and Street noted that this conservative bias severely delayed the systematic study of British administrative systems. The reality of the changing state eventually forced structural reforms:
1. The Donoughmore Committee (Committee on Ministers' Powers, 1929): Appointed to investigate executive overreach, it recommended transparency and better oversight for delegated legislation.
2. Statutory Instruments Act, 1946: Systematized the publication and parliamentary scrutiny of subordinate legislation.
3. Crown Proceedings Act, 1947: Ended the historic immunity doctrine that "The King can do no wrong." It made the British Government fully liable in tort and contract, putting it on equal legal footing with private citizens.
4. Tribunals and Inquiries Act, 1958/1959: Brought administrative tribunals under centralized judicial supervision.
B. Evolution in the United States
Administrative frameworks emerged in the US during the late 18th century via early federal statutes. However, the rapid expansion of American administrative law truly began with the Interstate Commerce Act of 1887, which established the first independent regulatory commission.
To control the explosion of New Deal administrative agencies during the Great Depression, the US government commissioned the Roscoe Pound Committee and the Attorney General's Committee on Administrative Procedure. Their findings culminated in the landmark Administrative Procedure Act (APA) of 1946. The APA successfully codified administrative law in the US, establishing standardized rules for agency rulemaking, adjudications, and judicial review.
C. Evolution in India
1. Ancient Era:
Principles of fair administrative conduct are rooted in antiquity. Under the Maurya and Gupta Empires, structured bureaucratic systems existed. Kings and executive officers were bound by the principles of natural justice and equity under the overarching concepts of Dharma and Raj-Dharma. However, administrative law as an independent branch of legal science did not exist in the modern sense.
2. British Colonial Era:
Modern Indian administrative law took shape under British rule. The East India Company and the subsequent British Crown passed multiple regulatory statutes governing transport, public health, and labor relations. For example:
a. The Stage Carriages Act, 1861 introduced statutory executive licensing.
b. The Bombay Port Trust Act, 1879 created India's first public statutory corporation.
c. The Northern India Canal and Drainage Act, 1884 pioneered statutory delegated legislation.
• 3. Post-Independence Era:
• With the adoption of the 1950 Constitution, India committed itself to a socio-economic Welfare State. To implement these goals, Parliament enacted robust regulatory statutes: the Industrial (Development and Regulation) Act, 1951, the Essential Commodities Act, 1955, and extensive labor welfare laws. islation Land Reform Acts Public Law Writs
Importatn Judicial Decisions-
The Indian judiciary has carefully checked executive expansion to ensure it balances public welfare with private rights:
i. Validation of Executive Judgment: In Vellukunnel v. Reserve Bank of India, AIR 1962 SC 1371, the Supreme Court ruled that under the Banking Companies Act, 1949, the RBI is the expert body and sole competent authority to decide whether a banking institution's affairs are being conducted in a manner prejudicial to its depositors' interests.
ii. Public Purpose vs. Private Interest: In State of Gujarat v. M. Haider Bux, AIR 1975 SC 1404, the Supreme Court held that under the Land Acquisition Act, 1894, the Government is generally the best judge to determine whether a specific purpose constitutes a "public purpose," and whether acquiring private land for that purpose is justified.
iii. Modern Judicial Counter-Balance: Over time, the Supreme Court has intensified its oversight. In landmarks like Maneka Gandhi v. Union of India, AIR 1978 SC 597, and Justice K.S. Puttaswamy v. Union of India (2017), the Court established that all administrative actions must be just, fair, and reasonable, and free from arbitrariness under Article 14, 19, and 21 of the Constitution.
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Notes
LAISSEZ-FAIRE
Derived from French, the literal translation of laissez-faire is "let them do," "leave it alone," or "let it take its course."
Economic Concept: It describes an economic environment where transactions between private parties are entirely free from state interventionism—including restrictive tariffs, government subsidies, price controls, and state-enforced monopolies. The government's role is strictly confined to a minimalist "night-watchman" capacity: protecting private property rights, enforcing valid contracts, and preventing theft or external aggression.
The Transition: While laissez-faire spurred early industrial production, it also led to severe wealth inequality, hazardous working environments, child labor, and corporate monopolies. Because of these systemic failures, modern constitutional democracies transitioned away from laissez-faire toward the Welfare State model, positioning the government as an active regulator of private interests for the collective public good.
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I. INTRODUCTION:-
Today, the State is not merely a ‘Police State’ (i.e. the function of which is to maintain law and order within the State and to protect its citizens from external aggression). However, today’s ‘State’ is a progressive democratic State called ‘Welfare State.’. It seeks to ensure social security and social welfare for individuals, regulate industrial relations, exercise control over the production, manufacture and distribution of essential commodities, start many enterprises, provide jobs, try to achieve equality for all and ensure equal pay for equal work, protects poor, children, women from exploitation, provides education, looks after slum dwellers, their health etc. It looks after the health and morals of the people, provides education to children and takes all the steps social justice demands. All these developments have widened the governmental (i.e. administrative) functions of the State manifold and, ultimately, the scope and ambit of administrative law. The ‘administrative authorities’ are also known as ‘executive’ or ‘governmental officials’.
Who are the administrators?
In India, the President is the executive head. He has to act on the aid and advice of the Prime Minister and other Ministers. So the President, Prime Minister, and other Ministers are the Union Executives (administrators). The State's Governor, Chief Minister, and other Ministers are the State executives. All Govt. officers, collectors, Police and all Govt. Departments perform administrative functions. Besides them, local Governments (or statutory authorities) like Municipal Corporations, Municipal Boards, District Councils, Village Panchayats, Zilla Parishad, and Panchayat Samitis, perform administrative functions. Similarly, other authorities like universities, statutory corporations, e.g., Indian Oil Corporation, Damodhar Valley Corporation, and other statutory bodies, like the University Grant Commission, are, for example, called administrators.
II. DEFINITION, NATURE AND SCOPE OF ADMINISTRATIVE LAW:-
No single definition is sufficient to study the nature and scope of Administrative Law; therefore, we will study some of the following definitions.
1). Ivory Jennings:-
“Administrative Law is the law relating to administration. It determines the organisation, power and duties of the administrative authorities.”.
2) Wade: -
‘Administrative Law is the law relating to the control of governmental powers.’.
According to him, the primary purpose of administrative law is to keep the government's powers within legal bounds and protect citizens against abuse.
3) Griffith and Street:-
According to Griffith and Street, the main object of Administrative Law is the operation and control of administrative authorities. It must deal with the following questions.
(1) What power does the administration exercise?
(2) What are the limits of these powers?
(3) What are the ways in which the administration is kept within those limits?
(4) What are the procedures to be followed by the administrative authorities to exercise their powers?
(5) What are the remedies available to a person affected by arbitrary administrative action?
In Conclusion: -
Administrative law deals with the structure, powers and functions of the organs of the administration. It lays down the limits of their powers, determines the methods and procedures to be followed by them in the exercise of their powers and functions, and the methods by which their powers are controlled, including legal remedies available to a person against administrative action when his rights are infringed. by their operation. In other words, Administrative Law is the law relating to administration.
III. THE NEED FOR ADMINISTRATIVE LAW: - REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW: -
Following are some of the important factors responsible for the rapid growth of State activities and, therefore, Administrative Law. (i.e. Administrative functions of the State): -
1) Modern concept of the Welfare State:-
The negative policy of maintaining law and order and protecting citizens from external aggression has been given up by today’s State. Similarly, the concept of “Lassies- Faire” (i.e. minimum interference in individual’s activities) (for further details, see the note at the end of this topic) has also been given up in today’s time by the State. Today’s State is a ‘Welfare State’. It adopts a positive policy and undertakes to perform various welfare functions.
2) The inadequacy of the ordinary judicial system: -
The court's traditional, ordinary judicial system has proved inadequate for deciding and settling all types of disputes. Litigation in the ordinary court is dilatory and expensive. Even very important matters, e.g., disputes between employers and employees, lockouts, strikes, etc., could not be disposed of speedily by ordinary courts. Moreover, ordinary courts are not technical experts in various fields. Therefore, Industrial Tribunals and Labour Courts were established, which possessed the techniques and expertise to handle these complex problems.
3) The inadequacy of the legislative process:-
Modern legislatures are overburdened with work. They do not have the time, technique, or expertise to provide detailed legislation to meet complex socio-economic problems. Even when the legislature made detailed provisions, they were found to be defective and inadequate, e.g., rate fixing. Therefore, it was felt necessary to delegate Some legislative powers to the administrative authority.
4) Flexibility and Experimentation: -
There is scope for experimentation in the administrative process. Unlike the rigid and lengthy legislative process for making and cancelling (repealing) laws, administrators can make a rule, try it for some time, and if found defective, can be altered or modified within a short time. Thus, legislation is rigid, while the administrative procedure is flexible.
5) Technicalities can be avoided: -
The traditional judiciary is conservative, rigid and technical. Therefore, the courts cannot decide the cases without formality and technicality.
In The State Finance Corporation V/s. J. Oil Mill s
Supreme Court held that: - Strict rules of evidence and procedure do not bind Administrative Tribunals, and they can take a realistic view of the matters to decide complex problems.
6) Preventive Measures: -
Administrative authorities can take preventive measures, such as licensing, rate fixing, etc. Unlike regular courts of law, they do not wait for parties to come before them with disputes. In many cases, adopting preventive measures proves more effective and valuable than punishing someone after committing a crime.
7) Effective steps for enforcement of preventive measures: -
Administrative authorities can take effective steps to enforce the aforesaid preventive measures, e.g. suspension, revocation and cancellation of licenses, destruction of contaminated articles, etc. These remedies are not generally available through regular courts of law.
8) State as the regulator of private interest.
In today’s State, no indefinite private interest is granted. The Constitution itself permits even reasonable restrictions on fundamental rights. Today’s State has to reconcile private interest with social interest. Directive principles laid down in Part IV of the Constitution require the State to protect social interests even at the cost of private interests. Therefore, the ‘right of property’ was shifted from fundamental rights to a mere civil right, permitting the State to acquire property for social development purposes, such as the erection. dams, canals, roads, railway lines, etc. Abolishing the Zamindari and the Land Ceiling Act are examples of reconciling private interest with social interest. In these ways, the State regulates private interests.
[For more details, refer to the topic ‘Fundamental Rights and Directive Principles’ in Notes on the Constitution.]
9) State as a provider of services.
Today’s State is more concerned with providing services to the people. Many governments worldwide have fallen due to increasing unemployment. No State can develop without providing services to the people. It has to create jobs by starting work, like the construction of highways, Canals, Dams, etc. The state establishes big industries and companies to create jobs.
10) Undertake relief and welfare activities.
In times of natural calamities like floods, famine, and drought, the earth quakes. The State has to carry out relief and rescue operations, providing food, shelter, clothing, medicines, etc.
IV. SOURCES OF ADMINISTRATIVE LAW: -
The following are the main sources of Administrative Law:
1) Judicial Decisions: -
The bulk of Administrative Law in India is judge-made law. Various court decisions relating to Administrative Law form the basis of Administrative Law. However, owing to the lack of codification of Administrative Law in India, various court decisions have created great uncertainty.
2) Statutes: -
Various statutes have been passed in several countries, codifying various aspects of Administrative Law, e.g. Administrative Procedure Act of 1946 in the U.S. The Rules Publication Act, 1893 in England etc. Unfortunately, in India, no codification of Administrative Law has yet been made.
3) Reports of committees: -
Reports of the various committees form an important source of Administrative Law, e.g., the Committee’s Report on Subordinates, Legislation, Committee Report on public undertaking, etc., in India.
4) Rules and regulations framed by the government departmental manuals, circulars, etc.: -
Rules and regulations framed by the Government, orders, schemes, departmental manuals, circulars, governmental resolutions and the like are also important sources of Administrative Law in India and other countries.
5) Administrative practice:-
The administrative practice followed by various administrative bodies and authorities forms an important source of Administrative Law in India.
6) Constitution: -
The Constitution is one of the important sources of Administrative Law (discussed below).
V. CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW: -
There are two contrary views on the difference between constitutional and administrative law: Viz.
1) First view: - No difference between Constitutional law and Administrative Law:-
According to this view, until recently, Administrative Law was dealt with and discussed in Constitutional law books, and no separate treatment was given to it. Both Constitutional law and Administrative Law are concerned with the functions of the Government, and both are parts of public law (i.e., law relating to government). The sources of both are the same. According to Keith, it is logically impossible to distinguish Administrative Law from Constitutional Law, and all attempts to do so are artificial.
2) The second view: - Constitutional law and Administrative Law differ: -
According to Mitland, while Constitutional Law deals with the structure and the border rules that regulate the functions, details of the functions are left to Administrative Law. According to Hood Philips – “Constitutional Law is concerned with the organisation and functions of the government at rest (i.e. in theory) whilst Administrative Law is concerned in motion (i.e. in practice). However, the English and American authors believe that the distinction between Constitutional Law and Administrative Law is one of degree, convenience and custom rather than of logic and principle. In India, constitutional law is written; however, Administrative Law is not written, i.e. customary.
Indian constitution is the most detailed and widest constitution in the world. It lays down the general principles relating to the organisation and power of the legislature, executive and judiciary and their functions with each other and towards citizens. Administrative law, however, is that part of constitutional law that deals in detail with the powers and functions of administrative authorities, including civil services, public departments, local authorities, and other statutory bodies.
VI. HISTORY/ DEVELOPMENT AND GROWTH OF ADMINISTRATIVE LAW:-
a) In England:-
Until the advent of the 20th century, the existence of Administrative Law as a separate branch of law was not accepted. This was due to Dicey's prevalence of the ‘Rule of Law’ concept. Dicey and his ‘Rule of Law” concept greatly impacted the British mind. According to him, the ‘Rule of Law’ and ‘Administrative Discretion’ are concepts against each other. It is because administrative law confers discretion upon administrators, whereas the rule of law presupposes a lack of discretion. He, therefore, exclaimed in 1885, “In England, we know nothing of Administrative Law, and we wish to know nothing about it..” However, even at the time of Dicey, the administrative discretion and justice system were very good in England. Even some followers of Dicey, like Lord Hewart, have, in 1935, remarked that ‘Administrative Law’ is a ‘continental jargon..’
However, some scholars like Griffith and Street were conscious of the growth of Administrative Law in England. According to them, the study of Administrative Law in England suffered greatly because of Dicey’s conservative approach. In 1929, the Committee on Minister’s Powers headed by Lord Donoughmore, was appointed to study and suggest measures on the existing administrative system in England. According to the recommendations of the Committee, the British Parliament passed the Statutory Instruments Act of 1946, making provision for the publication of subordinate legislation. Accordingly, in 1947, the British Parliament passed the Crown Proceeding Act, which made the Government liable to pay damages in case of Tort and breach of Contract. The Act proved to be a ‘death knell’ to the famous English doctrine that the ‘king can do no wrong.’ This improvement considerably expanded the scope of Administrative Law in England. In 1959, the British Parliament passed the Tribunals and Inquiries Act to control and supervise administrative decisions, making them applicable to the regular judiciary.
b) In America: -
Administrative Law in America has been in existence since the 18th century, when the first Federal Administrative Law was embodied in statute. But it is in a true sense, after the passing of the Interstate Commerce Act of 1877 that the rapid growth of Administrative Law started in America. As per the ‘Roscoe Pound Committee’s report, the Administrative Procedure Act 1946 was passed, dealing with all administrative aspects.
c) In India:-
Administrative law has existed in India since ancient times. Under the rule of the Mauryas and Guptas, even several centuries prior to Jesus Christ, a well-organised and centralised administration system existed in India. The officers and kings accepted the principles of fair play and natural law under the rule of ‘Dharma’ and ‘Raj-Dharma.’ Yet, no administrative law existed in the sense that we study it today.
In a true sense, the growth of Administrative Law in India started after the establishment of British Rule by the East India Company. The British Government passed various statutes for India, regulating public safety, health, morality, transport, labour relations, etc. The practice of granting a licence began with the State Carriage Act of 1861. The Bombay Port Trust Act of 1879 established the first public corporation. Delegated legislation was accepted from the Northern India Canal and Drainage Act of 1884.
After independence, the activities and functions of the Government increased by many folds. Therefore, social security legislation like the Industrial Disputes Act of 1947 and the Minimum Wages Act of 1948 were passed. The Indian Constitution accepts the concept of a welfare State by providing social, political, and economic justice and equality of status and opportunity. To achieve these objectives, the Parliament passed various statutes, e.g. the Industrial (Development and Regulation) Act, 1951; the Requisitioning and Acquisition of Immovable Property Act, 1952; the Essential Commodities Act, 1955 etc. Even while interpreting these statutes, the judiciary started considering the objects and ideas of social welfare. Thus,
In Vellukunne.V/s.Reserve Bank of India
Supreme Court Held: - that under the Banking Companies Act 1949, the Reserve Bank Of India was the sole judge to decide whether the affairs of a banking company were being conducted in a manner prejudicial to the depositor's interest.
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Note-
Laissez faire-
The term ‘laissez-faire’ is a French term. It means “let them do”, “let them do as their will”, or “leave it alone”. It is an economic environment in which transactions between private parties are free from tariffs, government subsidies, and enforced monopolies, with minimal necessary government control that is sufficient to protect property rights against theft and aggression. In fact, it is also taken as the practice or doctrine of non-interference in the affairs of others, especially with reference to individual conduct or freedom of action.
It is considered non-interference in other states' internal affairs or actions in international relations.
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