Administrative law is the study of law that deals with administration, and the law made by the administration. Administrative law is the branch of the public law which deals with the structure, power, along remedies available to the individuals. Administrative law not only deals with three organs but with many other organizations associated with the three main organs. Definition of administrative law:
According to Professor Dicey, administrative law determines the duties and liabilities of all state officials against private individuals who have certain rights which they can exercise against state officials in a specified procedure.
According to Ivor Jennings, administrative law deals with the administration of an organization, its power, and duties.
According to wade administrative law deals with administration its composition, power, duties, rights of individuals liability of the authorities.
HISTORY OF ADMINISTRATIVE LAW
Administrative law is known to be in presence since the beginning of administration itself. With the development of society, its unpredictably expanded, accordingly presenting new issues in front of the administration. In the earlier society, the elements of the state were not many and numbered with the most common ones being the security of the nation against foreign forces, imposing taxes, keeping peace and harmony. The law has been developing a lot from that period.
In India administrative law was followed by the Mauryans and Guptas, a few centuries before Christ followed by the Mughal administration. Administration under the British government set the foundation for modern administrative law. In the modern Era with complex duties of the State, State is expected to be the caretaker of social welfare. The development in the scope of obligations has introduced a period of Administrative law.
SCOPE OF ADMINISTRATIVE LAW
Administrative law decides the organization, power, and obligations of administrative authorities. The objective of Administrative law is on the procedural part of formal arbitration. The idea of administrative law is based on the following:
- Principles of natural justice.
- Rule of law.
- Power is given to the administration by law.
- There is no absolute or uncontrolled power given to the administrative authorities.
- There should be limitations on the exercise of such powers relying upon the arrangement.
Since its judge-made law and develops from time to time, there is scope for change or improvement. While the essential principle remains the same as before, the scope is adequately wide to fuse and separate new principles and guidelines, to suit the prerequisite of time.
Administrative law is required to:-
- Maintain welfare state.
- To save the time of the judiciary.
- Practical application is required in some cases.
- Limit the power of government, acts as a check to administrative action.
- To implement modern functions of the state.
- Managing both conventional and contemporary elements of the State.
- Practicing legislative power by a scope of bye-laws, decrees, orders.
Sources of administrative law:-
- Judicial precedents
- Delegated legislation
- Commission and committees.
FUNCTIONS OF ADMINISTRATIVE LAW
The primary task of administrative law is to maintain the government’s powers within the limits of law and to defend individuals’ rights and public interest. As it is known that the scope of government is expanding with time. Today the state works as the protector, entrepreneur, regulator, and arbitrator. Rule-making power, an expert, and authority to decide are considered effective elements of administration. All powers have two inherent characters one is they may not be absolute or unfettered, and another is they’re probable to be abused. Administrative law attempts to control the powers of the authorities. To obtain the object, administrative law provides an effective procedure. It enables us to carry a balance among two conflicting forces, individual rights, and public interest.
REASONS OF THE GROWTH ADMINISTRATIVE LAW
- There is an extreme change in the role played by the state. The policy of keeping up the peace and social welfare is evolving. The state has not limited its degree to traditional functions and justice, however, has received a positive arrangement and as a government assistance state has attempted to perform different functions.
- The legal framework was being lacked to settle a wide range of questions. It was moderate, excessive, complex, and more formalities are required. It was overburdened and it was unrealistic to expect fast removal of even significant issues. The significant issues couldn’t be settled by simple in a real sense deciphering the arrangements of certain rules, yet required thought of different elements and it wasn’t possible by the customary courtrooms. Therefore, industrial tribunals and labor courts. Were set up, which had the methods and ability to deal with these unpredictable issues.
- The legislative process was deficient. It had no time and method to manage all the subtleties. It is not possible to lay down all rules and procedures.
- There is an option for an experiment in the administrative process. In administrative law, a standard rule can be made, tired for a while and if it is defective, can be adjusted or changed within a short period. Along with these, enactment is flexible, and the authoritative process is adaptable.
- Administrative law can avoid minute technicalities. Administration law is more about a functional approach rather than a theoretical and legislative approach. The conventional judiciary system is traditionalist, inflexible, and specialized. It is incomprehensible for courts to choose cases without convention and technicalities. Administrative tribunals are not limited by rules of proof and methodology and they can take a functional perspective on the issue to choose complex issues.
- Administrative authorities can take many preventive steps of their own. In contrast to customary courtrooms, they don’t have to wait for parties to come before them to solve the disputes. By and large, these preventive activities may end up being more successful and helpful than rebuffing an individual after he has submitted a breach of law.
- Administrative authorities can make powerful strides for the implementation of preventive measures for example suspension, renouncement and abrogation of the permit, pulverization of unwanted articles, and so on, which are not accessible through customary courts of law.
Administrative law is judge-made law; it is generally unwritten and uncodified law. The role of authoritative law is to restrict the power of the government and monitor administrative authority. Generally, it isn’t conceivable to depend upon general statutes for rising disputes between the individuals and the government authority hence there is a need for a genuine law to look after such contentions, Administrative law works as an appropriate law which looks after all the administrative action done by the government.
Author(s) Name: Golak Bihari Mahana (KIIT University, Bhubaneswar)