Lecture
Definition of administrative law:
Administrative law is a branch of public law. It is very difficult to define administrative law. A
first approximation of to a definition of administrative law is to say that it is the law relating to
the control of governmental power. The primary object of Administrative law is to keep the
powers of government with in their legal bounds so as to protect the citizens against their abuse.
The main object of this law is to protect individual rights.
According to Sir Ivory Jennings “Administrative Law is the law relating to administration. It
determines the organization, powers and duties of the administrative authorities.”
According to A.V.Dicey “Administrative Law is that portion of a nations legal system which
determines the legal status and liabilities of all state officials, which defines the rights and
liabilities of private individual in their dealings with the public officials and which specifies the
procedure by which their rights and liabilities are enforced.”
K.C. Davis defines Administrative Law as the law concerning the powers and procedures of
administrative agencies, including specially the law governing judicial review of administrative
action.
Nature:
Administrative Law is closely connected with Constitutional Law. But it is not Constitutional
Law it is a part of that. Constitutional Law is the source of Administrative Law. The scope of
Constitutional law is wider than the Administrative Law. Administrative Law is only one part of
mass law to which public authorities are subject.
It is also concerned with tortuous and contractual liability of the government.
Scope:
Administrative Law deals with the structure, powers and functions of the organs of the
administration, the limits of their powers, the methods and procedures followed by them in
exercising their powers and functions, the methods of which their powers are controlled
including the legal remedies available to a person against them when his rights are infringed by
their operation.1 From the above definition we can say that the scope of Administrative law is as
follows:
1) Composition, power and function of the administrative authorities.
2) Procedures to be followed by the administrative authorities in the exercise of their power
and functions.
3) Methods of control of the powers of the administrative authority
1
Dr. M.P.Jain and Dr. S.N. Jain, Principles of Administrative Law, pp 12&13.
4) Remedies available to a person in case of violation of rights by the administrative
authorities.
Importance and Reasons for the growth of Administrative Law:
It is the most significant and outstanding development of the twentieth century. In twentieth
century the philosophy as to the role and function of the state has undergone a radical change.
Today the state is not merely a police state, exercising sovereign functions, it seeks for social
security and social welfare for the common man, regulates the industrial relations, exercise
control over the production, manufacture and distribution of essential commodities etc. The
importance of administrative law is increasing day by day.
1) Concept of welfare state
The concept of state previously was a police state, and state was responsible with limited
functions which mostly concerned maintenance of law and order. But todays state is
considered as welfare state so the ambit of state responsibility became quite wider. Thats
why state needs to concentrate on a huge volume of activities. To perform those functions
we need a proper system and structure. Administrative law provide such.
2) Inadequate Judicial system
We can term judicial system inadequate because of three main reasons which are
i. Its a very lengthy process
ii. Less Manpower.
iii. Expensive.
So we need a separate forum to settle disputes against administrative authorities.
3) Experimental nature
If we have an administrative law which will give the authority to experiment with
different mechanism of how administration can perform better, and how citizens can
easily access their services.
4) Inadequate legislative process
Legislature enacts law for the state. But it is neither desirable nor possible for legislature
to enact every piece of legislation. Thats why it delegated power to make supplementary
rules and regulations to several other institutions. So administrative authority gets to
exercise certain legislative powers. There should be a law to guide the administrative
authority to make those legislation along with controlling such.
5) Preventive measures
