Nature, Scope and Development of administrative Law_2022-04-23_16-34.pdf
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Administrative law defines the relationship between individuals and the state. It deals with the organization, powers, and duties of administrative authorities and the procedures they follow in exercising their powers. Administrative law provides judicial review of administrative actions and remedies for when public rights are violated. In India, administrative law is largely judge-made law developed through judicial interpretation to address changing needs. The scope of administrative law is limited to the establishment, powers, and procedures of administrative agencies as well as remedies for infringed rights. It has grown due to the changing role of the welfare state, limitations of the judicial system, need to delegate powers, and ability to experiment with administrative rules.
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Nature, Scope and Development of administrative Law_2022-04-23_16-34.pdf
- 1. Administrative Law Nature, Scope and Development of Administrative Law
- 2. Nature of Administrative Law • Administrative law is the branch of public law which defines the relation between individuals and state. • But it is not a law in a true sense like other laws such as property law or labor law. • It is also not like private law which deals with relations of individual inter se. • it is a law to administer the administrative authorities and check them from making any arbitrary decisions.
- 3. Nature of Administrative Law • Administrative law deals with the organization, powers and duties of the administrative authorities and also the procedure followed by the officials while exercising the powers. • Administrative law is limited to the law which limits the power of administrative authorities while exercising the powers. • It also provides remedies in the favor of the public when the rights of the public encroached.
- 4. Nature of Administrative Law • In India, administrative law is almost judge made law. • Thus it suffers from more facilities and benefits because of judicial lawmaking. • Judiciary interprets law according to the need of time and issues guidelines for such. • It affects administrative law and makes it more strong and beneficial. • It is a branch of the constitution that regulates all three branches i.e. legislative, executive and judiciary in the same way administrative regulates all administrative authorities and protects them from corrupt practices.
- 5. Nature of Administrative Law • Its main purpose is to focus on the judicial review of administrative actions. • In this way, there is protection from the arbitrary actions of the administrative actions. • Administrative actions can be legislative, executive or judiciary. Administrative can do all of three actions when which is required to do so. • By delegated legislation administrative has the power to make law when it comes to implementation of administrative acts as an executive and when it comes to making quick decisions then the administrative can act as the judiciary. • The nature of administrative law changes according to the need.
- 6. Scope of Administrative Law • Administrative Law as a law is limited to concerning powers and procedures of administrative agencies. • It is limited to the powers of adjudication or rule-making power of the authorities. • Thus, it is limited to: • Establishment, organization and powers of various administrative bodies • Delegated legislation - the Rule-making power of the authorities • Judicial functions of administrative agencies such as tribunals • Remedies available such as Writs, Injunction etc. • Procedural guarantees such as the application of principles of Natural Justice • Government liability in tort • Public corporations
- 7. Scope of Administrative Law • The Administrative Law is a recent branch of the science of law. • In the political science there are few Administrative organs. Certain functions have been allotted to these organs in the Administrative Machinery. • The Administrative law deals with the structure, functions and powers of the Administrative organs. • It also lays down the methods and procedures which are to be followed by them during the course of remedies which are available to the persons whose rights and other privileges are damaged by their operations. • From the few lines above explaining the meaning of the Administrative law, we can notice the exact scope of this new branch of Law
- 8. Scope of Administrative Law • The scope of Administrative law can be narrated as under: - • The methods and procedures of these Administrative organs are also studied by this new branch of law. • It covers the nature of structure, powers and functions of all these administrative organs • It also makes available all the relevant remedies to the persons whose rights are infringed by the operations of these organs during the course of Administration. • Why and How the Administrative Organs are to be controlled is also viewed by the Administrative law.
- 9. Scope of Administrative Law • In this way along with the development in the Political Science and along with the idea of federal Administration, the separate branch of Administrative law has been developed. • It is to be clearly noted that this branch of Law is exclusively restricted to the Administrative organs only. • The delegated legislations are supposed to be the backbone of the Administrative law.
- 10. Reason for growth of Administrative Law • The following factors are responsible for the rapid growth and development of administrative law: • There is a radical change in the philosophy of the role played by the State. The negative policy of maintaining "law and order" and of "laissez faire" has radically changed. • The State has not confined its scope to the traditional and minimum functions of defence and administration of justice, but has adopted the positive policy and a welfare State has undertaken to perform varied functions, • The judicial system was proved to be inadequate to decide and settle all types of disputes. It was slow, costly, inept, complex and formalistic.
- 11. Reason for growth of Administrative Law • It was already overburdened, and it was not possible expect speedy disposal of even very important matters, e.g., disputes between employers and employees, lockouts, strikes, etc. • The burning problems could not be solved by mere literally interpreting the provisions of some statute but required consideration of various other factors and it could not be done by the ordinary courts of law. • Therefore, industrial tribunals and labour court were established which possessed the techniques and expertise to handle these complex problems.
- 12. Reason for growth of Administrative Law • The legislative process was also inadequate. • It had no time and technique to deal with all the details. • It was impossible for the legislature to lay down detailed rules and procedures, and even when detailed provisions were laid down by the legislature, they were found to be defective and inadequate, eg, rate fixing. • Therefore, it was necessary to delegate some powers to the administrative authorities. • There is scope for experiments in administrative process. • Here a rule can be made, tried for some time and if it is defective, can be altered or modified within a short period.