HISTORICAL EVOLUTION OF ADMINISTRATIVE LAW IN INDIA (1).pptx

In England, we know nothing of administrative law and we wish to know nothing about it

• The roots of administrative law in India can be traced back to the ancient times, specifically during the rule
of the Mauryas and the Gupta dynasties, followed by the Mughal era, which also had a similar system of
administration.
• The primary responsibilities of the kings during these ancient times were threefold - safeguarding the state
from foreign invasions, tax collection, and maintaining peace and order within the state.
• The principle of "Dharma" was adhered to by both kings and administrators, with no exceptions.
• This fundamental principle of natural justice and fair play guided the actions of the kings and officers, as
the administration could only function based on these principles upheld by Dharma.

• The advent of the British in India marked the introduction of a new legal system. The formation of the East
India Company significantly amplified the powers of the government.
• The British Parliament introduced numerous acts, legislatures, and statutes aimed at regulating public
safety, health, morality, transportation, and labor relations. During the British era, India functioned as a
police state.
• The roots of many operational and structural elements such as the All-India Services, recruitment
processes, training programs, secretariat system, office procedures, budgeting, centralised tendency,
revenue, local and police administration can be traced back to this period.

• The practice of issuing administrative licenses was initiated with the State Carriage Act of 1861. The Bombay Port Trust Act
of 1879 marked the establishment of the first public corporation. The Northern India Canal and Drainage Act of 1873 and
the Opium Act of 1878 recognized delegated legislation as a valid power of the executive.
• Many statutes included provisions related to permits and licenses, as well as the resolution of disputes by executive
authorities and tribunals.
• During World War II, executive powers were significantly increased under the Defense of India Act of 1939, which granted
extensive powers over individual property with minimal judicial oversight. In addition to this, the government issued
numerous orders and ordinances covering various matters through administrative instructions.
• Several improvements and developments in administrative law took place during this period, which were later adapted to
suit Indian needs after independence.

• The concept of social welfare was swiftly embraced following independence, particularly after the constitution was
adopted. The preamble of the constitution proclaims India as a socialist, secular, and democratic republic committed to
providing justice, liberty, equality, and fraternity to all its citizens.
• Furthermore, children under the age of 14 are now entitled to free and compulsory education. Various social legislation,
such as the Industrial Disputes Act 1948, the Factories Act 1948, the Employees' State Insurance Act 1948, and the
Minimum Wage Act 1948, have been enacted since then.
• The Indian Constitution specifically embodies the philosophy of a welfare state. It includes provisions to ensure social,
economic, and political justice, as well as equality of status and opportunity for all citizens. It stipulates that societal
material resources should be distributed in a way that best serves the common good and that the operation of the
economic system should not lead to wealth and means of production being concentrated among a few.

• The modern era of administrative law in India is characterized by the expansion of state functions and
responsibilities, the emergence of new administrative bodies and mechanisms, the increasing complexity of
socioeconomic processes, and the challenges of globalization and integration
• The need for balancing the administrative discretion and accountability, ensuring the protection of human
rights and fundamental freedoms, and promoting the principles of natural justice and fair play
• The role and scope of judicial review of administrative actions, the extent and limits of writ jurisdiction of the
courts, the availability and effectiveness of alternative remedies and forums, and the harmonization of
constitutional and statutory provisions.

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